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HomeMy WebLinkAboutBoard of Commissioners – Supporting Documents Compiled – 07/09/2024Board of Commissioners & Drainage Authority Supporting Documents OTTER TAIL COUNTY – MINNESOTA BOARD OF COMMISSIONERS’ MEETING & DRAINAGE AUTHORITY MEETING SUPPORTING DOCUMENTS Government Services Center, Commissioners’ Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN July 9, 2024 | 8:30 a.m. BOARD OF COMMISSIONERS’ SUPPORTING DOCUMENTS 2.1 BOC Minutes for June 25, 2024 2.2 Warrants/Bills for July 9, 2024 2.3 Human Services Warrants/Bills for July 9, 2024 2.4 Human Services Contract 2.5 Approval for Contracts & Bonds for CP 4277-200 & CP 4277-608 2024 Traffic Marking 3.0 Veterans Service Officer Appointment 4.0 Housing Assistance Coordinator 5.0 Grant Acceptance - Sauer Family Foundation Family Resource Center Development Grant 7.0 Legislative Revisions to Section 620 of Employee Relations Policy 8.0 Mutual Aid Agreement with Clay County 9.0 Resolution Adopting Subdivision Controls Ordinance Revision 10.0 County Excess Property in Compton and Lida Townships 10.0 Absentee Ballot Board Appointment 11.0 Recommendation for Quote Award for Seasonal Supply of Signing Materials 11.0 CH 145 Speed Zone Study Request & Resolution 11.0 CSAH 6 (Nelson Lake) Grade Raise Scope Amendment with Houston Engineering, Inc. 11.0 CSAH 77 Rail Crossing Agreement with BNSF Railway 12.0 Section 415 Data Privacy DRAINAGE AUTHORITY SUPPORTING DOCUMENTS 2.1 Drainage Authority Minutes for June 25, 2024 2.2 Warrants/Bills for July 9, 2024 > > > > > > > > > > > > > > > > > > > > Board of Commissioners’ Meeting Minutes June 25, 2024 Page 1 of 20 OTTER TAIL COUNTY – MINNESOTA BOARD OF COMMISSIONERS’ MINUTES Government Services Center, Commissioners’ Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN June 25, 2024 | 8:30 a.m. CALL TO ORDER The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, June 25, 2024, at the Government Services Center in Fergus Falls, MN. Commissioners Kurt Mortenson, Chair; Lee Rogness, Vice Chair; Wayne Johnson, Dan Bucholz, and Bob Lahman were present. APPROVAL OF AGENDA Chair Mortenson called for approval of the Board Agenda. Motion by Johnson, second by Lahman and unanimously carried to approve the Board of Commissioners’ agenda of June 25, 2024, with the following additions: CSTS DOC Data Penalty Abatement Request APPROVAL OF CONSENT AGENDA Motion by Johnson, second by Lahman and unanimously carried to approve the consent agenda items as presented: 1. June 11, 2024, Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for June 25, 2024 (Exhibit A) 3. Human Services and Public Health Warrants/Bills for June 25, 2024 (Exhibit A) 4. Human Services Contracts 5. Approval of the issuance of a renewal application for an On-Sale Wine License for Vicki Ludwig dba Loonies Pub & Campground for the period of July 1, 2024, through June 30, 2025. 6. Approval of the issuance of a renewal application for an On/Off-Sale 3.2 Malt Liquor License for Vicki Ludwig dba Loonies Pub & Campground for the period of July 1, 2024 through June 30, 2025. 7. Approval of the issuance of a renewal application for an On/Off Sale 3.2 Malt Liquor Application for Vacationland Resort LLC dba Vacationland Resort for the period of July 1, 2024 through June 30, 2025. 8. Approval of the issuance of a New Tobacco License for J P Hospitality Group LLC dba Thumper Pond Resort, Current date through December 31, 2024. 9. Approval of the issuance of the renewal application for On/Sale 3.2 Malt Liquor Application for Birchwood Golf Course LLC for period of July 1, 2024, through June 30, 2025. 10. Approval of the issuance of a New Wine License for Birchwood Golf Course LLC dba Birchwood Golf Course for the period of July 1, 2024, through June 30, 2025. Board of Commissioners’ Meeting Minutes June 25, 2024 Page 2 of 20 11. Approval of the issuance of a Temporary License for Outstate Brewing Company for Sat. June 29, 2024, for Prairie Peak Dog Days Festival. 12. Approval of the issuance of a County Purchasing Card, with a 30-Day Limit of $1,000.00, to Robert Emerson, County Veterans Services Officer, as requested by Lynne Penke Valdes, Deputy Administrator. 13. Approval of the LG220 Application for Exempt Permit, as submitted by the Holy Cross Church, for an event scheduled for September 8, 2024, at the Holy Cross Church located at 54216 County Highway 148 in Butler Township. MOU FOR ENVIRONMENTAL SERVICES SPECIALIST Motion by Rogness, second by Johnson and unanimously carried to authorize appropriate County Officials’ signatures to execute the Memorandum of Understanding (MOU) between Otter Tail County and Minnesota Teamsters Employee’s Union, Local No. 320 for the addition of an Environmental Services Specialist position to the Government Services Technical collective bargaining unit. RECLASSIFICATION OF ACCOUNTING SUPERVISOR POSITION Motion by Rogness, second by Bucholz and unanimously carried to approve reclassifying an Accounting Analyst – Journey position from a C41 on the classification and compensation structure to a C42 Accounting Analyst – Advanced position within the Auditor-Treasurer’s Department as recommended by Assistant Human Resources Director Stephanie Retzlaff. SECTION 530 EARNED SICK & SAFE TIME POLICY UPDATES Motion by Johnson, second by Lahman and unanimously carried to approve updates to Section 530 Earned Sick & Safe Time Policy to comport with Minnesota law, which includes an updated definition and changes to eligible uses of earned time and documentation as presented by Assistant Human Resources Director Stephanie Retzlaff. RECESS & RECONVENE At 8:41 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 8:46 a.m. CAREGIVER SUPPORT GRANT FUNDS Motion by Johnson, second by Lahman and unanimously carried to authorize acceptance of the Caregiver Support Services Grant from the Minnesota Board of Aging in the amount of $14,423 for this calendar year to support Otter Tail County Public Health with aging coordination services designed to support caregivers of aging residents as outlined by Assistant Public Health Director Kristi Goos. MARRIAGE CEREMONIES Motion by Lahman, second by Johnson and motion carried with Bucholz opposed to authorize the Otter Tail County Recorders Office to perform marriage ceremonies as an additional service to the public as outlined by County Recorder Lynn Larson. RECESS & RECONVENE At 8:57 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:00 a.m. OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 3 of 20 PLANNING COMMISSION RECOMMENDATIONS Prosperity Point First Addition Motion by Johnson, second by Lahman and unanimously carried to approve a Preliminary Plat titled “Prosperity Point First Addition”, owned by James & Jean Harris, consisting of 1 Single Family Residential Riparian Lot and 1 Non-Residential Riparian Lot attached to a Riparian Lot, 1 Block, located East of 48127 Campfire Rd., Vergas, MN, Section 15 of Candor Township, Ida Lake (56-534), NE and Leek Lake (56-532), RD. Marc A. Johnson Motion by Johnson, second by Bucholz and unanimously carried to approve a Conditional Use Permit for Marc A. Johnson to create a natural walkout basement, clean up the hill and stabilize with shoreland alterations consisting of 750 cubic yards of earthmoving with the following conditions: 1) to install a Dirt Locker System for stabilization on the hillside, 2) above ground stairs and 3) to follow the engineering plan. This proposal is located at 49341 Fish Lake Rd., Pelican Rapids, MN 56572, Section 16 of Dunn Township, Fish Lake (560- 768), GD. Brady Kaye Motion by Lahman, second by Rogness and unanimously carried to remand to the Planning Commission the Conditional Use Permit Application by Brady Kaye to open up the record and extend the application period up to an additional 60 days. This proposal is located at located at 23925 Rokmar Rd., Battle Lake, MN Section 25 of Everts Township, Molly Stark Lake (56-303) NE and West Battle Lake (56-239), GD. Jason & Julie Kirchenwitz Motion by Johnson, second by Rogness and unanimously carried to approve a Conditional Use Permit for Jason and Julie Kirchenwitz to create a storage unit condominium consisting of 12 storage units in two buildings with 3,820 cubic yards of earthmoving with the following conditions: 1) No sewer or well as described in Sections 9.5 and 9.6 in the Declarations, 2) no outside storage and 3) to add a vegetative screening along Fawn Oaks Road. This proposal is located across from 41463 Fawn Oaks, Dent, MN 56528, Section 29 of Edna Township, Tenter Lake (56-348) NE and McDonald Lake (56-386), RD. Sheyenne Commercial Condos Motion by Lahman to approve a Conditional Use Permit for Brennen Laudal for Sheyenne Commercial Condos, a project that consisting of 20 non-dwelling storage units: six (6) 72’x40’ units and fourteen (14) 60’x60’ units, with the conditions: 1) vegetative screening planted on all four sides of the property, 2) downward lighting on the buildings and 3) a sign which cannot exceed 4’x8’ in size. This proposal is in Section 24 of Scambler Township on 205th Avenue, Pelican Rapids, MN 56572, Unnamed Lake (56-938), NE. Discussion continued regarding clarification on the Planning Commission’s denial of the application. With no second, the motion failed. Motion by Bucholz, second by Rogness and motion carried with Lahman opposed and Johnson abstaining to remand to the Planning Commission the Conditional Use Permit for Brennen Laudal for Sheyenne Commercial Condos so as to recognize the jurisdiction of the shoreland ordinance and township ordinance and to extend the application period up to an additional 60 days. This remand will not open the record and will not require notification to impacted parties. OTTERTAIL COUNTY~ MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 4 of 20 OUT-OF-STATE TRAVEL REQUEST Motion by Lahman, second by Rogness and unanimously carried to approve out-of-state travel for Land and Resource Management Director Chris LeClair to travel to Hartford, CT from July 29-31, 2024 to attend a planning retreat for executive members of the National Onsite Wastewater Recycling Association (NOWRA). This retreat is fully funded by NOWRA. WCI UPDATE Greg Wagner and Amanda Quam from West Central Initiative (WCI) provided a brief update to the Board regarding WCI efforts, organizational impacts to the region, and future planning. Within the past 18-months, WCI has assisted Otter Tail County with numerous funding opportunities, projects, and programs. Some highlights include: $2.7 million in Community Foundation Grants $200,000 in West Central Initiative Grants Over $1 million in loans Over $4 million in grants, loans and early childhood initiative dollars Increase in small business start-ups Covid Relief Grants to for-profit and non-profit businesses Main Street Economic Revitalization Grant – New York Mills selected along the Hwy 10 Corridor Promise Act Grant Program applications are under review with Otter Tail County well represented among the applications LAKES COUNTRY SERVICE COOP SAFETY CONTRACT Motion by Johnson, second by Bucholz and motion carried with Mortenson abstaining to authorize the appropriate County Officials’ signatures to approve a one-year Services Agreement between Otter Tail County and Lakes Country Service Cooperative effective July 1, 2024 for services to support Otter Tail County in management of its environmental health and occupational safety programs. IN RECOGNITION OF CHARLES GROTTE’S PUBLIC SERVICE AS OTTER TAIL COUNTY PUBLIC WORKS DIRECTOR OTTER TAIL COUNTY RESOLUTION NO. 2024-55 The following resolution was offered by Commissioner Johnson, who moved to recognize and honor the public service of Charles Grotte: WHEREAS, Charles was hired as Assistant County Engineer for Otter Tail County on April 2, 2001, and served in that role until May 1, 2018 when he was appointed County Engineer; and WHEREAS, Charles has served as the Public Works Director since July 17, 2023, and will retire from Otter Tail County on June 30, 2024; and WHEREAS, Charles served as a civilian employee for the US Air Force for 15 years prior to working for Otter Tail County; and WHEREAS, Chuck responsibly administered highway design, construction, planning, and safety investments for the Otter Tail County transportation system, and facilitated over $223 million in improvements in the past 23 years; and > > > > > > > > Board of Commissioners’ Meeting Minutes June 25, 2024 Page 5 of 20 WHEREAS, Charles exemplifies professionalism and leadership through his commendable work ethic. His 23 years of service have been marked by diligent administration of highway engineering, steadfast advocacy for road safety, and invaluable contributions to the betterment of our communities. THEREFORE, BE IT RESOLVED THAT: Otter Tail County Board of Commissioners recognizes the professional service, leadership, and commitment provided by Chuck, and we express our utmost gratitude and appreciation for his many years of dedicated public service for the residents of Otter Tail County and the State of Minnesota. The motion was duly seconded by Commissioner Rogness and, after discussion and commendation thereof, and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, Minnesota this 25th day of June 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date: July 9, 2024 By: _________________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk RECESS & RECONVENE At 10:08 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 10:22 a.m. CSTS DOC DATA Motion by Johnson, second by Lahman and unanimously carried to authorize appropriate County Officials’ signatures to execute a MNCCC Work Order for professional services provided by Strategic Technologies Inc. (STI) for the transfer of Minnesota Department of Corrections (DOC) CSTS Data into Otter Tail County’s CSTS database with the cost to not exceed $19,500.00. This work order is part of Otter Tail County Probation Department’s transition to a Community Corrections service model; these services are incorporated into the budget that was previously outlined at the May 7, 2024 Board of Commissioners meeting. LOCAL HOMELESS PREVENTION AIDE AGREEMENT WITH MAHUBE-OTWA Motion by Johnson, second by Lahman and unanimously carried to authorize appropriate County Officials’ signatures to execute a Purchase of Service Agreement between Otter Tail County Human Services and MAHUBE-OTWA Community Action Partnership, effective July 1, 2024 through December 31, 2025, for Local Homeless Prevention Aid Services as presented by Human Services Director Deb Sjostrom and Deputy Administrator Lynne Penke Valdes. CAPITAL EXPENDITURE REIMBURSEMENT Motion by Johnson, second by Bucholz and unanimously carried to approve the transfer of $79,859.60 from the Capital Improvement Fund to the Road and Bridge Fund for reimbursement of a previously approved capital expenditure which was for a 2023 Superior Broom DT74J. OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 6 of 20 ABSENTEE BALLOT BOARD APPOINTMENTS Motion by Johnson, second by Bucholz and unanimously carried to appoint LuAnn Carow and Gordon Cline to the Otter Tail County Absentee Ballot Board for the processing of absentee ballots issued and received under the provisions of Minnesota Statutes 203B.04 through 203B.15 and Minnesota Statutes 203B.16 through 203B.27 for the August 13, 2024 State Primary Election and the November 5, 2024 State General Election and to establish compensation for those services at $21.00 per hour with a reimbursement for travel at $0.67 per mile. RESOLUTION RELATING TO THE MINNESOTA POLLUTION CONTROL AGENCY CLEAN WATER PARTNERSHIP; AUTHORIZING THE COUNTY TO BORROW MONEY FROM THE MINNESOTA POLLUTION CONTROL AGENCY AND TO LEND MONEY TO ELIGIBLE PARTICIPANTS AND ELIGIBLE LENDERS TO FUND PROJECTS FOR THE CONTROL AND ABATEMENT OF WATER POLLUTION OTTER TAIL COUNTY RESOLUTION NO. 2024-58 BE IT RESOLVED by the County Board of Commissioners of Otter Tail County, Minnesota (the “Sponsor”), as follows: Section 1. Authorization and Findings. 1.01. The Sponsor, a political subdivision of the State of Minnesota, is authorized and empowered by the provisions of Minnesota Statutes, Sections 103F.701 to 103F.761, as amended (the “Act”), to borrow money from the Minnesota Pollution Control Agency (the “MPCA”) for the purpose of funding a revolving loan program under the Minnesota Clean Water Partnership, as provided in the Act. The Sponsor proposes to enter into a financing agreement (the “MPCA Agreement”) with the MPCA pursuant to which the Sponsor shall borrow money from the MPCA (the “MPCA Loan”) from time to time and lend the proceeds thereof to persons entitled to receive such loans under the MPCA Agreement (“Eligible Participants”), or may agree that loans to the Eligible Participants will be made by local lending institutions (“Eligible Lenders”), such loans to be documented by loan agreements between the Sponsor and each Eligible Participant or Eligible Lender (the “Project Loan Agreements”), in furtherance of the “Project Work Plan” as provided in the MPCA Agreement. The Sponsor may at any time determine to make project loans directly to Eligible Participants, rather than through Eligible Lenders, and in such case the references herein to Eligible Lenders and Project Loan Agreements shall be deemed to refer to Eligible Participants and the loan agreements between the Sponsor and the Eligible Participant. 1.02. The Sponsor is authorized to borrow money and issue its general obligation note (the “Note”) to the MPCA under the Act, in evidence of the MPCA Loan. Under the Act, no election is required to authorize the issuance of the Note, and the Note shall not constitute an indebtedness of the Sponsor within the meaning of any constitutional or statutory provisions or limitations. The Chairperson and County Auditor-Treasurer are hereby authorized to approve the final terms of the Note, and their execution and delivery of the Note shall evidence such approval. The terms of the Note, as so executed and delivered, shall be deemed to be incorporated herein by reference. 1.03. The Sponsor intends to make loans in amounts which will require the Sponsor to issue the Note in an aggregate principal amount not exceeding $1,500,000, but recognizes that the MPCA Agreement referred to in Section 1.02 hereof permits the Sponsor to draw up to $750,000 on the Note at this time. OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 7 of 20 The remaining $750,000 (or so much thereof as may be required) principal amount of the Note may be drawn only when the Sponsor and the MPCA have executed a new or amended MPCA Agreement permitting additional amounts to be drawn on the Note. 1.04. The execution and delivery of the MPCA Agreement, the form of which is attached hereto as Exhibit A, is, in all respects, hereby authorized, approved and confirmed, and the Chairperson and County Auditor-Treasurer are hereby authorized and directed to execute and deliver the MPCA Agreement in the form and content attached hereto as Exhibit A, with such changes as the Sponsor’s Attorney deems appropriate and approves, for and on behalf of the Sponsor. The Chairperson and County Auditor-Treasurer are hereby further authorized and directed to implement and perform the covenants and obligations of the Sponsor as set forth in or required by the MPCA Agreement. 1.05. The execution and delivery of the Project Loan Agreements and the pledging of the loan payments thereunder for the security of the Note and the interest thereon shall be, and they are, in all respects, hereby authorized, approved and confirmed, and the Chairperson and County Auditor- Treasurer are hereby authorized and directed to execute and deliver, from time to time, the Project Loan Agreements in such form and content as the County Attorney deems appropriate and approves, for and on behalf of the Sponsor. The Chairperson and County Auditor-Treasurer are hereby authorized to approve the final terms of each Project Loan Agreement, and their execution and delivery of such Project Loan Agreement shall evidence such approval. 1.06. Capitalized terms used but not defined herein shall have the meanings given thereto in the MPCA Agreement. Section 2. The Note. 2.01. The Sponsor has determined that it is necessary and expedient that the Sponsor issue at this time a Note to be designated “General Obligation Note (MPCA) (Otter Tail County SSTS Loan Program), Series 2024” (the “Note”) to provide moneys to lend to Eligible Participants or Eligible Lenders through the Project Loan Agreements from time to time as the Sponsor shall determine. Pursuant to the Project Loan Agreements, Eligible Participants are required to use the proceeds of the Loan for costs of projects permitted under the MPCA Agreement, and the Eligible Lenders are obligated to use the proceeds of the Lender Loans to make loans to Eligible Participants, as defined in the Project Loan Agreements. The Note shall be substantially in the form attached hereto as Exhibit B; the aggregate principal amount of the Note shall not exceed $1,500,000; provided that only $750,000 may be drawn under the Note until authorized by a new or amended MPCA Agreement. The principal balance of the Note from time to time shall be an amount equal to the aggregate of all MPCA Loan advances theretofore made under the MPCA Agreement, less the amount of any principal repayments or redemptions theretofore made under Sections 2.02 or 2.03 hereof. If the full amount of the MPCA Loan has not been advanced under the MPCA Agreement by December 15, 2027, or such later date as may be provided in a new or amended MPCA Agreement, the MPCA shall, under the provisions of the MPCA Agreement, reduce the principal amount of the MPCA Loan to an amount equal to the total loan amount then and theretofore advanced, and shall prepare and provide to the Sponsor revised Repayment Schedules for the MPCA Loan. Upon such action by the MPCA, the aggregate principal amount of the Note shall be limited to the principal amount of the corresponding MPCA Loan, and the revised Repayment Schedules shall be deemed to have replaced and superseded the payment schedule of the Note set forth in Section 2.02(c). Board of Commissioners’ Meeting Minutes June 25, 2024 Page 8 of 20 2.02. (a) The Note shall bear a date of original issue as of the date of its execution and delivery to the MPCA. (b) The Note shall bear interest from its date of original issue at an interest rate of one and one half percent (1.5%) per annum, unless any payment provided for in paragraph (c) below is not paid when due, in which case the principal balance of the Note shall bear interest at the rate of three and one half percent (3.5%) per annum, commencing on the day following the date on which such payment was due and continuing until the date on which payment in full thereof is actually received by the MPCA. (c) The principal balance of the Note, plus the interest which has accrued on the Note at an interest rate of one and one half percent (1.5%) per annum shall be payable in semiannual installments of $58,332.61 each, payable on June 15 and December 15 in each year, commencing December 15, 2027 (the “Note Payment Dates”). If the Sponsor satisfies the conditions specified in Sections 1.03 and 2.01, and draws amounts in excess of $750,000 on the MPCA Loan, the schedule and amounts of the semi-annual installments shall be amended as provided in the new or amended MPCA Agreement. Interest, if any, which has accrued on the Note pursuant to the MPCA Agreement at a rate in excess of 1.5% per annum shall be payable on each Note Payment Date in addition to the regularly scheduled payment of principal and interest on the Note. 2.03. The principal balance of the Note is subject to redemption and prior payment at the option of the Sponsor on any date, upon not less than thirty (30) days written notice to the MPCA, in whole or in part in such amounts as the Sponsor may determine at a redemption price equal to the principal amount being redeemed, together with any accrued interest to the redemption date. If less than all of the principal balance is to be redeemed and prepaid, the Sponsor may elect, in the notice of redemption, to reduce the amount of or eliminate specified semiannual payments; if the Sponsor does not specify otherwise, any partial prepayment will be applied to reduce the amount of the semiannual payments in inverse order of their due dates. Partial redemptions and prepayments shall be made in increments of $1,000 principal amounts and in minimum amounts of $1,000. Section 3. Granting Clauses. The Sponsor, in order to secure the payment of the principal of and interest (if any) on the Note and the performance and observance of each and all of the covenants and conditions herein and therein contained, and for and in consideration of the premises and of the purchase and acceptance of the Note by the MPCA, and for other good and valuable considerations, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, assign, transfer, convey, warrant, pledge and set over, unto the MPCA and to its successors a lien on, security interest in and pledge of the interests of the Sponsor in all Project Loan Agreements hereafter entered into between the Sponsor and Eligible Participants or Eligible Lenders in connection with Loans authorized hereby, and all payments of principal, premium (if any) and interest thereon, and all proceeds thereof. If the Sponsor shall well and truly pay or cause to be paid the principal of the Note and the interest, if any, due or to become due thereon, at the times and in the manner mentioned in this Resolution and the Note, or shall provide for the payment thereof by depositing with the MPCA sums sufficient to pay the entire amount due or to become due thereon, and shall well and truly keep, perform and observe all the covenants and conditions pursuant to the terms of the MPCA Agreement and this Resolution, to be kept, performed and observed by it and shall pay to the MPCA all sums OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 9 of 20 of money due or to become due to it in accordance with the terms and provisions hereof; then upon such final payment the lien, security interest and other rights hereby granted shall cease, determine and be void. Section 4. Application of Note Proceeds and Other Moneys; Loan Fund; and Loans. 4.01. The proceeds of the Note shall be equal to, and deemed to be received by the Sponsor at the same time as, the advances of the corresponding MPCA Loan under the corresponding MPCA Agreement. Such proceeds shall be deposited, as received, in the Loan Fund, which is hereby established as a separate bookkeeping account on the books of the Sponsor. Once each month, the Sponsor will determine the amount necessary to fund Loans to Eligible Participants or Eligible Lenders based on Project Loan Agreements entered into subsequent to the last request by the Sponsor for an MPCA Loan advance under the MPCA Agreement, and shall submit a request, in accordance with the MPCA Agreement, for an MPCA Loan advance in the amount necessary to fund such Loans. 4.02. Amounts on deposit in the Loan Fund shall be used to make Loans to Eligible Participants or Eligible Lenders in accordance with Project Loan Agreements, or to pay the principal and interest on the Note. No amounts in the Loan Fund which are required to be disbursed to an Eligible Participant or Eligible Lender under a Project Loan Agreement may be used to pay principal or interest on the Note. Each Loan shall be made in accordance with the terms of a Project Loan Agreement and the MPCA Agreement. The interest rate and repayment terms of the Loans shall be determined by the Sponsor in accordance with the MPCA Agreement and applicable rules of the MPCA. The proceeds of each Loan must be expended for eligible costs under the Program (including any applicable federal law) and the MPCA Agreement. Amounts on deposit in the Loan Fund shall be disbursed by the Sponsor pursuant to Participant or Lender Request. The Sponsor shall have no obligation to see to the proper application of the proceeds of the Loans. Section 5. Certification of Proceedings. 5.01. The County Auditor-Treasurer is hereby authorized and directed to file a certified copy of this resolution in the records of the Sponsor, together with such additional information as required, and to obtain from the County Auditor-Treasurer a certificate that the Note has been duly entered upon the County Auditor-Treasurer’s bond register. 5.02. The officers of the Sponsor are hereby authorized and directed to prepare and furnish to the MPCA and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the Sponsor relating to the Note and to the financial condition and affairs of the Sponsor, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Note as they appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Sponsor to the facts recited herein. Board of Commissioners’ Meeting Minutes June 25, 2024 Page 10 of 20 Exhibit A and Exhibit B referenced in the resolution above are not included in the official minutes, but rather have been placed on file with the County Auditor-Treasurer’s office and are available for public inspection by contacting the County Auditor-Treasurer’s office. The motion for the adoption of the foregoing resolution was introduced by Commissioner Lahman, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, passed with Commissioner Johnson abstaining. Adopted at Fergus Falls, Minnesota this 25th day of June 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date: July 9, 2024 By: _________________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk PENALTY ABATEMENT REQUEST Motion by Lahman, second by Rogness and unanimously carried to approve the request of Janice Aaberg for the abatement of accrued penalty and interest on Parcel No. 45-000-08-0047-000, in the amount of $81.52, for the late payment of 2024 property taxes as the reasons stated fall in line with the County’s hardship policy. RECESS & RECONVENE At 10:35 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 10:43 a.m. RESOLUTION APPROVING SINGLE FAMILY TAX ABATEMENTS OTTER TAIL COUNTY RESOLUTION NO. 2024-56 BE IT RESOLVED by the Board of Otter Tail County, Minnesota (the "County"), as follows: 1. Recitals. (a) The County proposes to approve tax abatements in connection with the construction of single family homes (the "Projects"), The County proposes to use the tax abatements for the Projects provided for in Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), from the property taxes to be levied by the County on Parcel Identification Numbers 15000040042002, 34000120078000, 76000990834000, 53000990836000, 35000990491000, 26000310194002, 57000060042000, 38000130085000, 38000240179000, 38000240177000, 20000991004000, 29000991083000, 51000020023000, 02000320252005, 26000990527000, 30000990379000, 50000990282000, 50000990281000, 40000330329002, 71001990569000 (collectively, the "Tax Abatement Properties"). (b) The County proposes to approve tax abatements on a portion of the County's share of property taxes on the Tax Abatement Properties in the amount of $10,000 for a term of up to five (5) years to finance a portion of the costs of the Project. (c) The tax abatement is authorized under the Abatement Law. OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 11 of 20 2. Findings for the Tax Abatement. The Board hereby makes the following findings: (a) The tax abatement is the County's share of real estate taxes which relate to the Projects being constructed on the Tax Abatement Properties and not the real estate taxes that relate to the value of the land (the "Abatement"). (b) The Board expects the benefits to the County of the Abatement to be at least equal or exceed the costs to the County thereof. (c) Granting the Abatement is in the public interest because it will increase the tax base in County. (d) The Tax Abatement Properties are not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the County by this and other resolutions and agreements, does not exceed the greater of ten percent (10%) of the net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. NOW THEREFORE BE IT RESOLVED THAT, the Abatement is hereby approved. The terms of the Abatement are as follows: (f) The Abatement shall be for up to five (5) years anticipated to commence for taxes payable 2026 and shall not exceed $10,000. The County reserves the right to modify the commencement date, but the abatement period shall not exceed five (5) years. (g) The County shall provide the Abatement as specified in this resolution. (h) The Abatement shall be subject to all the terms and limitations of the Abatement Law. BE IT FURTHER RESOLVED THAT, the Board hereby approves the Tax Abatement Agreements for payment of the Abatement in substantially the form submitted and the Chair and Clerk are hereby authorized to execute the Tax Abatement Agreements on behalf of the County. The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 25th day of June 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: July 9, 2024 By: _________________________________________ Attest: ______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 12 of 20 OUT-OF-STATE TRAVEL REQUEST Motion by Rogness, second by Bucholz and unanimously carried to approve the out-of-state travel request for County Engineer Krysten Foster to travel to Atlanta, GA from September 7-10, 2024 to attend the American Public Works Association (APWA) Public Works Expo (PWX) conference. FLEET MAINTENANCE PRO QUOTE Motion by Bucholz, second by Lahman and unanimously carried to authorize appropriate County Officials’ signatures to execute an annual agreement between Otter Tail County and Innovative Maintenance Systems for Fleet Maintenance Pro software and support at an annual cost of $6,000.00 as recommended by County Engineer Krysten Foster. HIGHWAY DEPARTMENT UPDATE County Engineer Krysten Foster provided a brief Highway Department update noting that permitting coordination continues for the County State Aid Highway (CSAH) 6 Nelson Lake project and that CSAH 141 in the Parkers Prairie area is currently closed for culvert maintenance through mid-July. RECESS & RECONVENE At 10:52 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 11:00 a.m. STATEWIDE PERFORMANCE MEASUREMENTS COUNCIL ON LOCAL RESULTS AND INNOVATION OTTER TAIL COUNTY RESOLUTION NO. 2024-57 WHEREAS, in 2010, the Minnesota Legislature created the Council on Local Results and Innovation; and WHEREAS, the Council on Local Results and Innovation developed a standard set of performance measures that will aid residents, taxpayers, and state and local elected officials in determining the efficacy of counties in providing services and measure residents’ opinion of those services; and WHEREAS, benefits to Otter Tail County for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in Minn. Stat. §6.91 and includes eligibility for a reimbursement as set by State statute; and WHEREAS, any county participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, the Otter Tail County Board has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes. NOW THEREFORE LET IT BE RESOLVED THAT, Otter Tail County will continue to report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the County’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 13 of 20 BE IT FURTHER RESOLVED THAT, Otter Tail County will submit to the Office of the State Auditor the actual results of the performance measures adopted by the County. The motion for the adoption of the foregoing resolution was made by Commissioner Johnson and seconded by Commissioner Lahman and, after discussion and upon a vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, MN this 25th day of June 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: July 9, 2024 By: _________________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk CLOSED SESSION At 11:05 a.m., Chair Mortenson declared the Board of Commissioners meeting closed to the public. The closed session is authorized under Minnesota Statute §13D.05, Subd. 3(b) for Attorney-Client Privilege related to Class Action Litigation on Tax-Forfeited Property. Present in the room were Commissioners Kurt Mortenson, Lee Rogness, Dan Bucholz, Wayne Johnson, and Bob Lahman, County Administrator Nicole Hansen, County Attorney Michelle Eldien, County Auditor-Treasurer Wayne Stein and County Board Secretary Hannah Anderson. The closed session was concluded at 11:17 a.m. at which time the meeting reconvened into an open session where the following resolution was adopted: RESOLUTION FOR AUTHORIZATION FOR EXECUTION OF SETTLEMENT AGREEMENT OTTER TAIL COUNTY RESOLUTION NO. 2024-59 WHEREAS, that on May 25, 2023 the United States Supreme Court ruled that Minnesota law is unconstitutional as to property forfeited for nonpayment of taxes without an opportunity for the taxpayer to receive any surplus value beyond the amount of taxes owed; and WHEREAS, that following said ruling, Minnesota counties worked to change the law and resolve statewide liability for previously forfeited properties through settlement negotiations in three related class action suits; and WHEREAS, that on February 28, 2024 the parties reached a tentative statewide settlement agreement contingent upon a legislative appropriation; and WHEREAS, that on May 17, 2024 after the Minnesota legislature approved the $109 million legislative appropriation needed for settlement, Governor Waltz signed the bill into law; and WHEREAS, that the settlement agreement negotiated in Sporleder v. State, et al., Court File No. 62-CV-23- 3405, which is funded by a legislative appropriation in Chapter 113 of the 2024 Session Laws, is approved by the Otter Tail County Board of Commissioners; and OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 Page 14 of 20 WHEREAS, that the Otter Tail County Board of Commissioners authorizes the County Auditor to meet the requirements for participating counties outlined in Chapter 113 of the 2024 Session Laws; and WHEREAS, that the Otter Tail County Board of Commissioners authorizes the County Attorney to execute the settlement agreement on behalf of the County. NOW THEREFORE BE IT RESOLVED THAT, the Otter Tail County Commissioners authorize Otter Tail County Attorney Michelle M. Eldien to execute the Settlement Agreement regarding the case regarding Sharon Sporleder vs. State of Minnesota, et. al. The motion for the adoption of the foregoing resolution was introduced by Commissioner Lahman, duly seconded by Commissioner Bucholz and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 25th day of June 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: July 9, 2024 By: _________________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk ADJOURNMENT At 11:21 a.m., Chair Mortenson declared the Otter Tail County Board of Commissioners meeting adjourned. The next regular Board meeting is scheduled at 8:30 a.m. on Tuesday, July 9, 2024, at the Government Services Center in Fergus Falls and via livestream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: July 9, 2024 By: _______________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk OTTERTAIL COUNTY -MINNESOTA Board of Commissioners’ Meeting Minutes June 25, 2024 (Exhibit A) Page 15 of 20 Vendor Name Amount A-1 LOCK & KEY 26.71 A&A RECYCLING LLC 1,100.00 ADVANCED STRIPING & SEALCOA TING 295.00 ALBANY RECYCLING CENTER 1,700.20 ALL TRAFFIC SOLUTIONS INC 671.18 ALLEN'S AUTO BODY & TO\IVING 100.00 ALVST AD & ASSOCIATES 900.00 AMAZON CAPITAL SERVICES INC 1,353.92 AMERICAN LEGION POST 30 300.00 AMERICAN WELDING & GAS INC 38.57 APEX EQUIPMENT LLC 2,319.30 APPLE TREE DENT AL 1,799.00 AT&T 550.00 BALDWIN/BRIDGET 75.00 BARR ENGINEERING CO 3,349.00 BECKER CO ENVIRONMENTAL SERVICES 587.50 BEN HOLZER UNLIMITED WATER LLC 14.00 BEYER BODY SHOP INC 175.00 BISCHOF/BRIANNA 25.46 BOUND TREE MEDICAL LLC 255.96 BRANDON COMMUNICATIONS INC 3,532.65 BRAUN INTERTEC CORPORATION 41,425.40 BREDESON/KIMBERLY 911 .86 BRIAN'S REPAIR INC 50.66 BRUTLAG/STEVE 77.39 CACTUS & CULINARY CONCEPTS CATER 1,287.00 CA.JACOB LAW LLC 5,000.00 CARR'S TREE SERVICE INC 610.00 CENTRAL STATES WIRE PRODUCTS INC 7,633.12 CERTIFIED AUTO REPAIR 1,584.51 CERTIFIED LABORATORIES 417.95 CHS INC 450.22 CLAY CO SHERIFF 1,1 53.57 CLEAN SWEEP COMMERCIAL SERVICES 1,970.00 CMMA 270.00 CODE 4 SERVICES INC 7,223.46 CONCEPT CATERING 198.00 COOPER'S OFFICE SUPPLY INC 112.47 CORNELL-SYVERSON POST 17 300.00 CULLIGAN OF ELBOW LAKE 44.00 CULLIGAN OF WADENA 38.00 DACOT AH PAPER CO 2,1 52.27 Board of Commissioners’ Meeting Minutes June 25, 2024 (Exhibit A) Page 16 of 20 Vendor Name Amou nt DANIELSON/MANDY 140.92 DAV CHAPTER 25 300.00 DENZEL'S REGION WASTE INC 165.00 DIAMOND DRUGS INC 20208 EDAM 815.00 EDWARD CARLSON POST 283 300.00 EHLERS & ASSOCIATES INC 9,250.00 ELECTION SYSTEMS & SOFTWARE LLC 1,152.89 ERGOMETRICS INC 595.60 FARMERS C°"'OP OIL 1,539.95 FERGUS FALLS DAILY JOURNAL 5,300.10 FERGUS FALLS/CITY OF 5,985.00 FERGUS POWER PUMP INC 34,955.00 FERGUS TIRE CENTER INC 27.00 FIDLAR TECHNOLOGIES INC 321.03 FOREMOST PROMOTIONS 2,780.11 FORUM COMMUNICATIONS COMPANY 389.00 FOTH INFRASTRUCTURE & ENVIRONMH 5,717.03 GALLS LLC 1,562.22 GEORGE BERGEN POST 489 300.00 GREWE/TUCKER 76.18 HAI MERL AMERICAN LEGION POST 148 300.00 HANSON/BRANDIE 200.00 HAWES SEPTIC TANK PUMPING LLC 145.00 HEALTHCARE ENVIRONMENTAL SERVICf 829.20 HEART O' LAKES VFW POST TT02 300.00 HENNING/CITY OF 170,845.42 HOUSTON ENGINEERING INC 3,313.00 IMAGING SPECTRUM INC 292.92 INTERSTATE POWER SYSTEMS INC 3,099.76 JAKE'S JOHNS LLC 340.00 JESSEN/MIKE 90.45 JK SPORTS INC 234.00 KIMBALL MIDWEST 1,320.27 KNOWJNK LLC 360.00 LAKE COUNTRY GRAPHICS INC 80.41 LAKE REGION HEALTHCARE 966.00 LAKELAND AUTO REPAIR LLC 172.00 LAKELAND GENERAL STORE 51.97 LAKES COMMUNITY COOPERATIVE 866.86 LAKES COUNTRY SERVICE COOP ERA TIV 490.00 LANDS' END BUSINESS OUTFITTERS 197.87 Board of Commissioners’ Meeting Minutes June 25, 2024 (Exhibit A) Page 17 of 20 Vendor Name Amount LANGUAG E LINE SERVICES INC 142.08 LARSON FUNERAL HOME 2,350.00 LEGAL SERVICES OF NW MINNESOTA 1,150.00 LEIGHTON MEDIA -DETROIT LAKES 1,495.00 LEIGHTON MEDIA -FERGUS FALLS 1,533.75 LIBERTY TIRE RECYCLING LLC 43,700.17 LOCATORS & SUPPLIES INC 409.90 M-R SIGN CO INC 841.50 MAAP 495.00 MARK SAND & GRAVEL CO 38,536.00 MARKS FLEET SUPPLY INC 391.35 MATTHEW BENDER & COMPANY INC 2,949.83 MCKESSON MEDICAL-SURGICAL INC 452.58 MEADOWLAND SURVEYING INC 1,650 00 MEYERAAN/SAMANTHA 87.77 MIDWEST MEDICAL PHYSICS LLC 2,700.00 MIDWEST PRINTING CO 1,380 00 MILLIGAN/LOGAN 143.60 MINNCOR INDUSTRIES 35.00 MINNESOTA MOTOR COMPANY 1,842.57 MINNKOTA ENVIRO SERVICES INC 236.00 MINTEN/JAMES 130.20 MN DEPT OF TRANSPORTATION 300.00 MOREHEAD/MICHAEL 125.96 NELSON AUTO CENTER INC 49,879.22 NORDICK/TAMMY 16236 NORTHLAND BUSINESS SYSTEMS INC 1,015.00 NORTHWEST TIRE INC 1,546.62 NUTRIEN AG SOLUTIONS INC 6,914.86 OLIPHANT/CLANCY 50.92 OLSON STITZEL POST 219 300.00 OLSON/BRENDA 122.16 OLYMPIC SALES INC 3,16200 OTTER TAI L CO PUBLIC HEALTH 209.00 OTTER TAI L FAMILY SERVICES COLLABC 725.00 OTTER T Al l POWER COMPANY 641.29 PARKERS PRAIRIE/CITY OF 130.00 PAUL HAARSTAD EXCAVATI NG LLC 9,720.00 PELICAN PETE BODY SHOP & TOWING II\ 4,174 89 PELICAN RAPIDS PRESS 668.15 PHOENIX SUPPLY 122.46 PLUNKETTS VARMENT GUARD 36700 Board of Commissioners’ Meeting Minutes June 25, 2024 (Exhibit A) Page 18 of 20 Vendor Name Amount PRAIRIE LAKES MUNIICIPAL SOLID WASTE 310.00 PRECISE MRM LLC 960.00 PREMIUM WATERS INC 29.08 PRO AG FARMERS CO OP 121.60 PRODUCTIVITY PLUS 186.13 QUADIENT FINANCE USA INC 517.16 QUADlENT LEASING USA INC 10,067.67 QUICK'S NAPA AlJfO PARTS 186.03 QUINLIVAN & HUGHES PA 6,678.30 RASMUSSON SCHEDOWSKl VFW POST 4 300.00 RDO EQUIPMENT CO 632.37 RDO TRUCK CENTERS LLC 9,399.57 RINGDAHL AMBULANCE INC 1,118.00 RURAL MINNESOTA CEP 75.00 SIGN GUYS LLC 120.00 SIGNWORKS SIGNS & BANNERS INC 1,790.00 SKEETER STITCH INC 2,073.32 SNAP-ON INDUSTRIAL 794.46 STACH/TRENT 89.00 STAPLES BUSINESS CREDIT 311.58 STEINS INC 94.15 STEVE'S SANITATION INC 23,791.00 STOP STICK LTD 2,440.00 STREICHERS 595.95 SWANSTON EQUIPMENT CORP 360.82 SWANZ/PERRY 40.20 THIS WEEKS SHOPPING NEWS 174.60 THOMSON REUTERS -WEST 2,072.48 THRIFTY WHITE PHARMACY 15.00 TINJUM APPRAISAL CO INC 1,638.65 TK ELEVATOR CORP 800.87 TRI-STATE DIVING 734.50 TYLER TECHNOLOGIES INC 740.00 ULSCHMID/SUSAN 104.41 US POSTAL SERVICE 30,000.00 VERGAS EVENT CENTER/CllY OF 160.00 VESTIS 53.68 VESTIS 650.65 VIKING GARAGE DOOR COMPANY INC 7,074.00 WADENA ASPHALT INC 44,616.00 WADENA CO SHERIFF 1,260.00 WEST OTTER TAIL CO FAIR ASSOCIATION 75.00 Board of Commissioners’ Meeting Minutes June 25, 2024 (Exhibit A) Page 19 of 20 Vendor Name WIDSETH SMITH NOL TING & ASSOCIATE! WM CORPORA TE SERVICES INC WSB &ASSOCIATES INC ZIEGLER INC ZOSEUMICAH Final Total: Vend or Name AMAZON CAPITAL SERVICES INC COOPER'S OFFICE SUPPLY INC FURE/ALLISON HAUGRUD/REED HOLMQUIST/ABIGAIL INDEPENDENT CONTRACT SERVICES OF LAKES COUNTRY SERVICE COOPERATIV MIDWEST MONITORING&. SURVEILANCE MINNEAPOLIS FORENSIC PYSCH SERVIC MINNKOTA ENVIRO SERVICES INC MN DEPT OF f-!IUMAN SERVICES OTTER TAIL CO RECORDER OTTER TAIL CO Sf-lERIFF OTTER TAIL COUNTY CHILD SUPPORT PREMIER BIO17ECH LABS LLC SCHOOL DIST 544 -FERGUS FALLS SELOCK/RYAN SIGNWORKS SIGNS&. BANNERS INC WHIPPLE/VANESSA Final Total: Amount 70,704.84 40,475.02 28,750.46 1,330.99 188.11 826,159.41 Amount 35420 2,720.76 15.00 11.57 7.55 606.37 1,73928 615.00 2,887.50 348.10 3,796.84 67.00 90.00 281.00 375.10 5,000.00 61726 10.00 57.39 19,599.92 Board of Commissioners’ Meeting Minutes June 25, 2024 (Exhibit A) Page 20 of 20 Vendor Name AMAZON CAPITAL SERVICES INC BARKER/MEGAN CLAY CO HEALTH DEPT FRUSTOUANNE GOOS/KRISTI GRISMER/PAULA GUCK/AMY HENDRICKX/KATHY ICS CONSULTING LLC -138006 LAKE REGION HEALTHCARE LAKES ADVERTISING LLC LEWIS/JODI LYSNE CONSUL TING & COUNSELING LLC MARTENSONJPALJLA MINNKOTA ENVIRO SERVICES INC OTTER TAIL CO TREASURER OTTER TAIL FAMILY SERVICES COLLABO OTTER TAIL POWER COMPANY PACIFIC INTERPRETERS INC SIGNWORKS SIGNS & BANNERS INC VAN SANTENJDANA VERIZON WIRELESS VICTOR LUNDEEN COMPANY W ELCH/AMIE W ESTBY /LIN DA Final Total: Amount 128.79 110-28 290.97 11.39 110.42 46.90 56.95 21.44 5,833.33 667.67 700.00 86.83 600.00 85.76 41.30 192.00 725.00 184.31 403.75 150.00 36.45 834.59 1,085.85 8.04 25.46 12,437.48 COMMISSIONER'S VOUCHERS ENTRIES7/3/2024 csteinbach N Y D 4 N Otter Tail County Auditor Audit List for Board Page 1 Print List in Order By: Save Report Options?: Type of Audit List: on Audit List?: Paid on Behalf Of Name Explode Dist. Formulas?: D - Detailed Audit List S - Condensed Audit List 1 - Fund (Page Break by Fund) 2 - Department (Totals by Dept) 3 - Vendor Number 4 - Vendor Name 10:52:44AM r.:1 INTtGRATCO 11:;:.1 FINANCIAL SYSTEMS COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Solid Waste Fund Copyright 2010-2022 Integrated Financial Systems 50-000-000-0150-6857 280.00 APPLIANCE DISPOSALS - PR 6/17/24 Appliance Disposal N 50-000-000-0110-6857 250.00 APPLIANCE DISPOSALS - BL 6/18/24 Appliance Disposal N 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/11/24 Per Diem Y 10-302-000-0000-6500 229.00 ACCT #20862 - SUPPLIES 12929641 Supplies N 10-304-000-0000-6572 1,220.05 ACCT #20862 - SUPPLIES 12929641 Repair And Maintenance Supplies N 01-112-101-0000-6319 345.00 RE-STRIPE BRANDBORG LOT 1-2024-4612 Parking Lots N 50-000-000-0140-6291 632.00 ACCT 1478400 JUNE 2024 2426305 Contract Transportation N 01-031-000-0000-6406 20.99 A2RJVV5AA0WI1P FLASH DRIVE 1NVY-WKCY-MXXY Office Supplies N 01-061-000-0000-6680 86.32 A2RJVV5AA0WI1P APC UPS BATTERY 11WV-CCPM-6PT6 Computer Hardware N 01-061-000-0000-6406 173.40 A2RJVV5AA0WI1P WIRELESS MOUSES 11WV-CCPM-6PWY Office Supplies N 01-061-000-0000-6406 45.39 A2RJVV5AA0WI1P FLASH DRIVES 1VKV-NRRR-1MCW Office Supplies N 01-061-000-0000-6680 215.49 A2RJVV5AA0WI1P HEADSET 1X6H-9LFD-QK4G Computer Hardware N 01-091-000-0000-6406 18.85 A2RJVV5AA0WI1P FLASH DRIVES 1JWN-KPCV-CJ9Q Office Supplies N 01-201-000-0000-6406 40.72 A2RJVV5AA0WI1P CUSTOM STAMPERS 176T-33XN-JGLR Office Supplies N 01-201-000-0000-6406 23.99 A2RJVV5AA0WI1P NOTE HOLDER 1D1W-644F-MFMC Office Supplies N 01-201-000-0000-6492 277.98 A2RJVV5AA0WI1P SUPPLIES 1D1W-644F-MFMC Police Equipment N 01-201-000-0000-6394 329.94 A2RJVV5AA0WI1P LIFE JACKETS 1K6C-4K1G-GGRD Search & Rescue N 01-201-000-0000-6406 55.53 A2RJVV5AA0WI1P SUPPLIES 1LMH-3W7R-H96K Office Supplies N 01-250-000-0000-6526 139.95 A2RJVV5AA0WI1P BLACK SHOES 14P6-71LF-7WYJ Uniforms N 01-250-000-0000-6432 64.73 A2RJVV5AA0WI1P PROPEL PACKETS 1F6Q-3CJT-43VR Medical Incarcerated N 01-250-000-0000-6406 14.99 A2RJVV5AA0WI1P FOLDERS 1JR3-3WJ3-NF3F Office Supplies N 01-601-000-0000-6406 127.85 A2RJVV5AA0WI1P SUPPLIES 1XGW-RTKP-4W66 Office Supplies N 13408 AA DEMOLITION & RECYCLING 530.0013408 6297 ACKERSON/JEFF 90.006297 15007 ACME TOOLS 1,449.0515007 13892 ADVANCED STRIPING & SEALCOATING 345.0013892 7588 ALEX RUBBISH & RECYCLING INC 632.007588 14386 AMAZON CAPITAL SERVICES INC Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions AA DEMOLITION & RECYCLING ACKERSON/JEFF ACME TOOLS ADVANCED STRIPING & SEALCOATING ALEX RUBBISH & RECYCLING INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Road And Bridge Fund Copyright 2010-2022 Integrated Financial Systems 10-303-000-0000-6501 128.39 ACCT #A2RJVV5AA0WI19 - SUPPLIE 1XRP-M1ML-LH9Y Engineering And Surveying Supplies N 10-304-000-0000-6406 232.97 ACCT# A2RJVV5AA0WI1P - SUPPLIE 14RV-CJR1-KG1N Office and Garage Supplies N 50-000-000-0000-6848 20.25 A2RJVV5AA0WI1P NYLON STRING 1PM9-11WG-MYLJ Public Education N 50-000-000-0000-6406 8.93 A2RJVV5AA0WI1P PADDED ENVELOPE 1VTR-J16N-1P3C Office Supplies N 50-000-000-0000-6406 12.95 A2RJVV5AA0WI1P PORTFOLIO BIND 1Y9V-CCTX-NVVP Office Supplies N 50-399-000-0000-6487 1,499.00 A2RJVV5AA0WI1P GENERATOR 1X3T-M4CY-HDL1 Tools & Minor Equipment N 09-507-510-0000-6300 2,500.00 DRIVEWAY REPAIRS 1285 Building And Grounds Maintenance N 01-013-000-0000-6262 603.68 CLIENT SERVICES MAY 2024 MAY2024 Public Defender Y 02-612-000-0000-6330 208.37 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 124.62 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 01-201-000-0000-6171 280.00 BLS CPR TRAINING 210 Tuition And Education Expenses N 50-000-000-0120-6276 1,000.00 SW-395 PFAS STUDY COST 23421011.00-14-7 Professional Services N 50-000-000-0130-6276 1,000.00 SW-544 PFAS STUDY COST 23421011.00-24-7 Professional Services N 01-112-104-0000-6572 246.31 ACCT OTTC01 REPAIR CONDENSER W18514 Repair And Maintenance/ Supplies N 50-000-000-0130-6290 30.00 WATER COOLER RENT 14429 Contracted Services.1 50-000-000-0110-6290 22.50 DRINKING WATER M13689 Contracted Services.1 3,538.6114386 16146 AMOR EXCAVATING INC 2,500.0016146 15262 AVERY, ATTORNEY AT LAW/JILL 603.6815262 16753 BABOLIAN/OWEN 332.9916753 14351 BARNESVILLE AMBULANCE 280.0014351 5765 BARR ENGINEERING CO 2,000.005765 5058 BDT MECHANICAL LLC 246.315058 1755 BEN HOLZER UNLIMITED WATER LLC Page 3Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 21 Transactions 1 Transactions 1 Transactions 2 Transactions 1 Transactions 2 Transactions 1 Transactions AMAZON CAPITAL SERVICES INC AMOR EXCAVATING INC AVERY, ATTORNEY AT LAW/JILL BABOLIAN/OWEN BARNESVILLE AMBULANCE BARR ENGINEERING CO BDT MECHANICAL LLC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Solid Waste Fund Copyright 2010-2022 Integrated Financial Systems 01-201-000-0000-6396 865.00 TOW CFS 24018555 6/16 24-6582 Special Investigation N 01-201-000-0000-6385 437.50 TOW MOBILE COMMAND CENTER 24-6670 Entry Team Srt N 01-124-000-0000-6140 270.00 PC - PER DIEM 6/12/24 Per Diem Y 01-124-000-0000-6330 127.03 PC - MILEAGE 6/12/24 Mileage Y 50-000-000-0000-6981 2,575.00 KITCHEN COMPOST BAGS 7495 Organic Grant Expense N 10-302-000-0000-6350 52,034.09 ACCT #1029598 - CROSSING PROJE 3000-001115861 Maintenance Contractor N 01-112-101-0000-6300 302.00 ACCT 481691 HERBICIDES EF2 IE2811 Building And Grounds Maintenance N 01-063-000-0000-6240 1,012.02 NOTICE OF FILINGS ADS 29824 Publishing & Advertising N 01-122-000-0000-6240 78.78 VACATION HOME RENTAL ORDINANCE 29417 Publishing & Advertising N 50-390-000-0000-6240 81.00 HENNING HHW COLLECTION EVENT 29440 Publishing & Advertising N 50-000-000-0000-6848 242.00 RECYCLING BAGS 10853 Public Education N 01-250-000-0000-6432 248.00 ID 24D2271347 CERTIFICATE FEE 5/7/24 Medical Incarcerated N 52.501755 31803 BEYER BODY SHOP INC 1,302.5031803 12126 BLADOW/TINA 397.0312126 17377 BRANDBUILDERS 2,575.0017377 5472 CANADIAN PACIFIC RAILWAY CO 52,034.095472 15676 CHS FRENCH AGRONOMY 302.0015676 5580 CITIZEN'S ADVOCATE 1,171.805580 15308 CLEARSTREAM RECYCLING INC 242.0015308 5567 CLIA LABORTORY PROGRAM Page 4Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 2 Transactions 2 Transactions 1 Transactions 1 Transactions 1 Transactions 3 Transactions 1 Transactions BEN HOLZER UNLIMITED WATER LLC BEYER BODY SHOP INC BLADOW/TINA BRANDBUILDERS CANADIAN PACIFIC RAILWAY CO CHS FRENCH AGRONOMY CITIZEN'S ADVOCATE CLEARSTREAM RECYCLING INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach General Revenue Fund Copyright 2010-2022 Integrated Financial Systems 01-149-000-0000-6342 116.40 UNIT 3016 INSTALL GPS 9700 Service Agreements N 01-149-000-0000-6342 116.40 LIGHTNING UNIT GPS INSTALL 9701 Service Agreements N 01-201-000-0000-6315 352.80 UNIT 1805 REMOVED EQUIPMENT 9706 Radio Repair Charges N 50-000-000-0000-6304 186.40 REMOVED/INSTALLED GPS SYSTEMS 9699 Repair And Maintenance N 02-218-000-0000-6369 3,000.00 K9 TRAINING 1ST PYMT 7/9/24 Miscellaneous Charges Y 10-303-000-0000-6278 8,887.55 ACCT #0000001408 - TESTING P00018646 Engineering Consultant N 02-219-000-0000-6369 440.00 MEALS - SHERIFF TRAINING 051930 Miscellaneous Charges N 01-041-000-0000-6406 21.20 ACCT 2189988030 BALANCE OF INV 467125 Office Supplies N 01-063-000-0000-6406 96.65 ACCT 2189888030 ADDRESS LABELS 467524 Office Supplies N 10-000-000-0000-2270 1,000.00 2023-37 APPROACH REQUEST REFUN PERMIT #2023-3 Customer Deposits N 02-612-000-0000-6330 155.44 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 02-612-000-0000-6330 177.55 AIS INSPECTOR MILEAGE 6/30/24 Mileage N 50-000-000-0120-6290 43.42 ACCT 267-03388972-1 6/30/24 Contracted Services.N 248.005567 9087 CODE 4 SERVICES INC 772.009087 16838 CODE BLUE K9 LLC 3,000.0016838 608 COMMISSIONER OF TRANSPORTATION 8,887.55608 7479 CONCEPT CATERING 440.007479 32603 COOPER'S OFFICE SUPPLY INC 117.8532603 17386 CORDES/CRAIG 1,000.0017386 17363 CREIGH/SAM 332.9917363 2364 CULLIGAN OF WADENA Page 5Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 4 Transactions 1 Transactions 1 Transactions 1 Transactions 2 Transactions 1 Transactions 2 Transactions CLIA LABORTORY PROGRAM CODE 4 SERVICES INC CODE BLUE K9 LLC COMMISSIONER OF TRANSPORTATION CONCEPT CATERING COOPER'S OFFICE SUPPLY INC CORDES/CRAIG CREIGH/SAM Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Solid Waste Fund Copyright 2010-2022 Integrated Financial Systems 01-112-101-0000-6342 1,264.63 ACCT 29176 SERVICE EQUIPMENT E8-2212 Service Agreements N 01-112-108-0000-6342 1,179.13 ACCT 29176 SERVICE EQUIPMENT E8-2501 Service Agreements N 01-112-109-0000-6342 1,384.45 ACCT 29176 SERVICE EQUIPMENT E8-2549 Service Agreements N 01-061-000-0000-6202 1,143.45 WEBSITE SUPPORT FEES 303055 County Website N 01-112-109-0000-6485 377.73 ACCT 227102 SUPPLIES 28921 Custodian Supplies N 50-000-000-0170-6485 89.91 ACCT 227162 SUPPLIES 33642 Custodian Supplies N 02-612-000-0000-6330 249.91 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 135.34 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 02-612-000-0000-6330 174.87 AIS INSPECTOR MILEAGE 6/30/24 Mileage N 01-149-000-0000-6210 613.00 INK FOR GSC POSTAGE MACHINE 9568 Postage & Postage Meter N 10-304-000-0000-6572 79.00 ACCT #1356 - TIRES 97751 Repair And Maintenance Supplies N 10-303-000-0000-6342 2,039.91 AEC SINGLE USER LICENSE 5250098A Service Agreements N 01-123-000-0000-6140 270.00 BA - PER DIEM 6/13/24 Per Diem Y 43.422364 687 CUMMINS SALES & SERVICE 3,828.21687 9018 D & T VENTURES LLC 1,143.459018 36 DACOTAH PAPER CO 467.6436 12236 DAHL/COLT 560.1212236 14949 DAKOTA BUSINESS SOLUTIONS INC 613.0014949 33013 DICK'S STANDARD 79.0033013 3512 DLT SOLUTIONS INC 2,039.913512 15993 DONOHO/MICHAEL Page 6Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 3 Transactions 1 Transactions 2 Transactions 3 Transactions 1 Transactions 1 Transactions 1 Transactions CULLIGAN OF WADENA CUMMINS SALES & SERVICE D & T VENTURES LLC DACOTAH PAPER CO DAHL/COLT DAKOTA BUSINESS SOLUTIONS INC DICK'S STANDARD DLT SOLUTIONS INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach General Revenue Fund Copyright 2010-2022 Integrated Financial Systems 01-123-000-0000-6330 85.76 BA - MILEAGE 6/13/24 Mileage Y 01-002-000-0000-6369 35.00 SNACKS FOR BOARD MTG 6/11 6/11/24 Miscellaneous Charges N 23-705-000-0000-6331 53.70 FOOD FOR HRA/CDA BOARD MTG 6/18/24 Meals And Lodging N 10-000-000-0000-2270 1,000.00 2023-30 APPROACH REQUEST REFUN PERMIT #2023-3 Customer Deposits N 01-063-000-0000-6344 1,858.15 ACCT 33240 AUDIO SET UP CD2093568 Programming, Support, Warranty N 01-031-000-0000-6436 305.30 ACCT 121092 ECOMM TESTING 145420 New hire start up cost N 02-612-000-0000-6369 500.00 SOCIAL MEDIA CONTENT JUL 2024 1173 Miscellaneous Charges N 10-302-000-0000-6500 142.60 ACCT #167 - SUPPLIES 2406-077186 Supplies N 01-204-000-0000-6304 536.34 ACCT TCS1262 BOAT #4 REPAIRS 3330 Repair And Maintenance Y 01-201-000-0000-6385 300.00 SWAT TRAINING REGISTRATION 6/24/24 Entry Team Srt N STRAND/JOHN6646 01-201-000-0000-6385 300.00 SWAT TRAINING REGISTRATION 6/24/24 Entry Team Srt N WILL/AARON6899 355.7615993 11391 DOUBLE A CATERING 88.7011391 17382 EKRE/BLAINE 1,000.0017382 2581 ELECTION SYSTEMS & SOFTWARE LLC 1,858.152581 11889 ERGOMETRICS INC 305.3011889 16349 ERICA MARTIN COMPANY INC 500.0016349 364 EVERTS LUMBER CO 142.60364 9255 EXTREME MARINE LLC 536.349255 9718 FARGO ND/CITY OF Page 7Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 2 Transactions 1 Transactions 1 Transactions 1 Transactions 1 Transactions 1 Transactions 1 Transactions DONOHO/MICHAEL DOUBLE A CATERING EKRE/BLAINE ELECTION SYSTEMS & SOFTWARE LLC ERGOMETRICS INC ERICA MARTIN COMPANY INC EVERTS LUMBER CO EXTREME MARINE LLC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach General Revenue Fund Copyright 2010-2022 Integrated Financial Systems 02-612-000-0000-6369 555.50 ACCT 194917 AD IN FHP BOOK 25445 Miscellaneous Charges N 10-302-000-0000-6500 411.32 ACCT #MNFER0153 - SUPPLIES MNFER49288 Supplies N 10-304-000-0000-6572 150.67 ACCT #MNFER0153 - PARTS MNFER149367 Repair And Maintenance Supplies N 50-399-000-0000-6306 0.58 ACCT MNFER0291 SPRING PIN MNFER148888 Repair/Maint. Equip N 01-002-000-0000-6240 542.99 BOC MINUTES 5-21-24 A571853B-0029 Publishing & Advertising N 01-031-000-0000-6436 214.00 ACCT 529337 PROBATION AGENT 724270 New hire start up cost N 01-031-000-0000-6436 207.00 ACCT 529337 SW ATTENDANT 724691 New hire start up cost N 01-123-000-0000-6240 199.82 BOA MTG JULY NOTICE 8A2EFBD7-0023 Publishing & Advertising N 01-123-000-0000-6240 81.10 BOA REMAND NOTICE 7/10 MTG 8A2EFBD7-0025 Publishing & Advertising N 01-124-000-0000-6240 76.86 PC MTG JULY NOTICE 8A2EFBD7-0024 Publishing & Advertising N 02-612-000-0000-6240 929.00 ACCT 524111 RESORTER ADS 712039 Publishing & Advertising N 50-000-000-0000-6240 188.00 ACCT 524121 SW ADS APR 2024 0424524121 Publishing & Advertising N 50-000-000-0000-6240 211.50 ACCT 524121 SW ADS JUN 2024 0624524121 Publishing & Advertising N 01-201-000-0000-6396 370.00 PORTABLE TOILET RENTAL 52657 Special Investigation N 50-000-000-0120-6291 1,590.00 HAULING CHARGES 52519 Contract Transportation N 50-000-000-0170-6291 7,880.00 HAULING CHARGES 52519 Contract Transportation N 50-000-000-0130-6863 10,620.00 LEACHATE HAULING JUNE 2024 52658 Leachate Disposal N 50-000-000-0120-6291 2,385.00 HAULING CHARGES 52659 Contract Transportation N 50-000-000-0170-6291 6,710.00 HAULING CHARGES 52659 Contract Transportation N 50-399-000-0000-6291 1,185.00 HAULING CHARGES 52519 Contract Transportation N 50-399-000-0000-6291 2,370.00 HAULING CHARGES 52659 Contract Transportation N 02-103-000-0000-6369 3,778.36 ACCT 2711103 LAREDO MAY 2024 0236727-IN Miscellaneous Charges N 02-103-000-0000-6369 4,400.00 ACCT 2711103 AVID SVCS Q3 2024 0899571-IN Miscellaneous Charges N 600.009718 371 FARM & HOME PUBLISHERS LTD 555.50371 2997 FASTENAL COMPANY 562.572997 35011 FERGUS FALLS DAILY JOURNAL 2,650.2735011 2153 FERGUS POWER PUMP INC 33,110.002153 13636 FIDLAR TECHNOLOGIES INC Page 8Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 1 Transactions 3 Transactions 9 Transactions 8 Transactions FARGO ND/CITY OF FARM & HOME PUBLISHERS LTD FASTENAL COMPANY FERGUS FALLS DAILY JOURNAL FERGUS POWER PUMP INC Otter Tail County Auditor General Fund Dedicated Accounts COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Copyright 2010-2022 Integrated Financial Systems 01-112-101-0000-6349 1,260.00 PARKING LOT RENTAL Q3 2024 111 Miscellaneous Rentals N 01-124-000-0000-6140 270.00 PC - 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PER DIEM 6/13/24 Per Diem Y 01-123-000-0000-6330 204.35 BA - MILEAGE 6/13/24 Mileage Y 01-124-000-0000-6140 360.00 PC - PER DIEM 6/12/24 Per Diem Y 01-124-000-0000-6330 144.72 PC - MILEAGE 6/12/24 Mileage Y 50-399-000-0000-6291 650.00 CARDBOARD 5/29/24 75934 Contract Transportation N 50-399-000-0000-6291 650.00 CARDBOARD 5/31/24 75935 Contract Transportation N 491.1112243 79 LAKE REGION HEALTHCARE 4,063.5079 6063 LAKES ADVERTISING LLC 700.006063 6939 LAKES COUNTRY HEATING & AC 3,298.406939 14614 LANDS' END BUSINESS OUTFITTERS 45.2714614 12921 LANGE/MICHAEL 167.9812921 16673 LANGLIE/STEVEN 1,159.0716673 81 LARRY OTT INC Page 14Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 3 Transactions 2 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 4 Transactions KUGLER/HALEY LAKE REGION HEALTHCARE LAKES ADVERTISING LLC LAKES COUNTRY HEATING & AC LANDS' END BUSINESS OUTFITTERS LANGE/MICHAEL LANGLIE/STEVEN Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Solid Waste Fund Copyright 2010-2022 Integrated Financial Systems 50-399-000-0000-6291 650.00 CARDBOARD 6/3/24 75938 Contract Transportation N 50-399-000-0000-6291 650.00 CARDBOARD 6/3/24 75939 Contract Transportation N 50-399-000-0000-6291 750.00 PAPER/MAGAZINES 6/11/24 75940 Contract Transportation N 50-399-000-0000-6291 650.00 CARDBOARD 6/10/24 75941 Contract Transportation N 50-399-000-0000-6291 650.00 CARDBOARD 6/12/24 75942 Contract Transportation N 50-399-000-0000-6291 650.00 CARDBOARD 6/20/24 75944 Contract Transportation N 50-399-000-0000-6291 650.00 CARDBOARD 6/18/24 75945 Contract Transportation N 50-399-000-0000-6291 650.00 CARDBOARD 6/21/24 75946 Contract Transportation N 01-123-000-0000-6140 270.00 BA - 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Equip N 10-304-000-0000-6572 12,108.66 ACCT #OTTER - PARTS 371324 Repair And Maintenance Supplies N 10-304-000-0000-6572 577.83 ACCT #OTTER - PARTS 371325 Repair And Maintenance Supplies N 10-304-000-0000-6572 477.27 ACCT #OTTER - PARTS 371327 Repair And Maintenance Supplies N 10-304-000-0000-6572 2,178.67 ACCT #OTTER - PARTS 371330 Repair And Maintenance Supplies N 10-304-000-0000-6572 2,240.07 ACCT #OTTER - PARTS 371334 Repair And Maintenance Supplies N 6,600.0081 11658 LEE/THOMAS 419.4111658 17370 LEIGHTON ENGAGE 5,000.0017370 10883 LEIGHTON MEDIA - DETROIT LAKES 110.0010883 198 LEIGHTON MEDIA - FERGUS FALLS 1,772.50198 1022 LITTLE FALLS MACHINE INC Page 15Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 10 Transactions 2 Transactions 1 Transactions 1 Transactions 5 Transactions LARRY OTT INC LEE/THOMAS LEIGHTON ENGAGE LEIGHTON MEDIA - DETROIT LAKES LEIGHTON MEDIA - FERGUS FALLS Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Road And Bridge Fund Copyright 2010-2022 Integrated Financial Systems 50-000-000-0170-6379 35.98 ACCT 23-52F1 GLOVES 0314980-IN Miscellaneous Charges N 02-612-000-0000-6330 229.54 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 200.46 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 02-612-000-0000-6330 164.89 AIS INSPECTOR MILEAGE 6/30/24 Mileage N 10-000-000-0000-2270 1,000.00 2024-01 APPROACH REQUEST REFUN PERMIT #2024-0 Customer Deposits N 10-302-000-0000-6515 51.70 SIGNS 224318 Signs And Posts N 10-302-000-0000-6515 34.88 SIGNS 224319 Signs And Posts N 10-302-000-0000-6515 10,712.82 SIGNS 224320 Signs And Posts N 10-302-000-0000-6515 476.00 SIGNS 224321 Signs And Posts N 10-302-000-0000-6515 69.00 SIGNS 224398 Signs And Posts N 10-302-000-0000-6515 775.68 SIGNS 224487 Signs And Posts N 10-302-000-0000-6515 313.92 SIGNS 224488 Signs And Posts N 10-302-000-0000-6515 261.66 SIGNS 224489 Signs And Posts N 10-302-000-0000-6515 34.88 SIGNS 224490 Signs And Posts N 10-302-000-0000-6515 3,662.00 SIGNS 224491 Signs And Posts N 10-305-000-0000-6369 477.36 SIGNS - NO PARKING ANYTIME &224322 Miscellaneous Charges N 01-121-000-0000-6241 500.00 2024 MEMBERSHIP DUES 537 Membership Dues N EMERSON/ROBERT15467 01-061-000-0000-6342 2,149.33 ACCT OT00 CN 115529-06 INV12655520 Service Agreements N 17,882.501022 41638 LOCATORS & SUPPLIES INC 35.9841638 15172 LOE/DORIS 594.8915172 17381 LORENSON/FATE 1,000.0017381 511 M-R SIGN CO INC 16,869.90511 537 MACVSO 500.00537 2721 MARCO TECHNOLOGIES LLC Page 16Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 6 Transactions 1 Transactions 3 Transactions 1 Transactions 11 Transactions 1 Transactions LITTLE FALLS MACHINE INC LOCATORS & SUPPLIES INC LOE/DORIS LORENSON/FATE M-R SIGN CO INC MACVSO Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach General Revenue Fund Copyright 2010-2022 Integrated Financial Systems 01-061-000-0000-6342 2,760.27 ACCT 35700038 CN 500-0614025 530605930 Service Agreements N 01-061-000-0000-6342 975.22 ACCT 35700038 CN 500-0656561 531967479 Service Agreements N 10-302-000-0000-6511 2,782.83 HOT MIX 21998-1 Bituminous Mix N 10-302-000-0000-6511 1,341.03 HOT MIX 22025-1 Bituminous Mix N 01-123-000-0000-6140 360.00 BA - PER DIEM 6/13/24 Per Diem Y 01-123-000-0000-6330 184.92 BA - MILEAGE 6/13/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/18/24 Per Diem Y 23-705-000-0000-6330 26.80 CDA - MILEAGE 6/18/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/5/24 Per Diem Y 01-044-000-0000-6331 30.87 MEALS - MAAO CLASSES 6/24/24 Meals And Lodging N 50-000-000-0130-6306 530.92 ACCT 169818 DRIVE SHAFT 10102129 Repair/Maint. Equip N 01-061-000-0000-6346 630.00 2024 CONFERENCE REGISTRATIONS 2406043 Mccc Fees N 02-041-000-0000-6369 481.00 IMPLEMENTATION SVCS MAY 2024 2406007 Miscellaneous Charges N 2,149.332721 36132 MARCO TECHNOLOGIES LLC 3,735.4936132 1026 MARK SAND & GRAVEL CO 4,123.861026 16072 MARTHALER/TERENCE 544.9216072 6300 MARTIN/VALERIE 206.806300 12300 MCGINNIS/MICHAEL 30.8712300 948 MIDWEST MACHINERY CO 530.92948 548 MNCCC LOCKBOX 1,111.00548 589 NATURES GARDEN WORLD Page 17Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 2 Transactions 2 Transactions 2 Transactions 3 Transactions 1 Transactions 1 Transactions 2 Transactions MARCO TECHNOLOGIES LLC MARCO TECHNOLOGIES LLC MARK SAND & GRAVEL CO MARTHALER/TERENCE MARTIN/VALERIE MCGINNIS/MICHAEL MIDWEST MACHINERY CO MNCCC LOCKBOX Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach General Revenue Fund Copyright 2010-2022 Integrated Financial Systems 01-112-101-0000-6300 1,212.89 PLANTS & MULCH 22153 Building And Grounds Maintenance N 01-112-101-0000-6300 1,799.85 PLANTERS 22171 Building And Grounds Maintenance N 01-122-000-0000-6240 78.78 VACATION HOME RENTAL ORDINANCE 29488 Publishing & Advertising N 50-390-000-0000-6240 81.00 BLUFFTON HHW COLLECTION EVENT 29760 Publishing & Advertising N 02-612-000-0000-6369 830.00 OTT-02-010 BILLBOARD JUL 2024 BLT0055216 Miscellaneous Charges N 01-123-000-0000-6140 360.00 BA - 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PARTS 302396 Repair And Maintenance Supplies N 02-612-000-0000-6330 120.60 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 50-000-000-0150-6306 1,649.72 ACCT 2382018 A/C REPAIRS W4482449 Repair/Maint. Equip N 50-399-000-0000-6306 71.45 ACCT 2382018 PARTS P1473949 Repair/Maint. Equip N 50-399-000-0000-6565 547.25 ACCT 2382018 CERTIFIED DEF P1522849 Fuels N 02-612-000-0000-6330 131.99 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 01-250-000-0000-6432 559.00 INMATE TRANSPORT - K ACCOBEE 24-4565 Medical Incarcerated 6 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/18/24 Per Diem Y 12526 PRECISE MRM LLC 1,340.0012526 25082 PRODUCTIVE ALTERNATIVES INC 2,342.5225082 15407 PSICK CAPITOL SOLUTIONS INC 3,500.0015407 16848 QUICK'S NAPA AUTO PARTS 18.2916848 16754 RADZWILL/HANNAH 120.6016754 9166 RDO EQUIPMENT CO 2,268.429166 17368 RICE/JOHN 131.9917368 675 RINGDAHL AMBULANCE INC 559.00675 6304 RIPLEY/DAVID Page 21Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 2 Transactions 1 Transactions 1 Transactions 1 Transactions 3 Transactions 1 Transactions 1 Transactions PRECISE MRM LLC PRODUCTIVE ALTERNATIVES INC PSICK CAPITOL SOLUTIONS INC QUICK'S NAPA AUTO PARTS RADZWILL/HANNAH RDO EQUIPMENT CO RICE/JOHN RINGDAHL AMBULANCE INC Otter Tail County Auditor Community Development Authority COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Copyright 2010-2022 Integrated Financial Systems 23-705-000-0000-6330 26.80 CDA - MILEAGE 6/18/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/4/24 Per Diem Y 23-705-000-0000-6330 26.80 CDA - MILEAGE 6/4/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/4/24 Per Diem Y 01-250-000-0000-6224 50.00 MEAL - OUT-OF-STATE TRANSPORT 6/20/24 Prisioner Conveyance N 02-612-000-0000-6330 229.81 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 225.12 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 02-612-000-0000-6330 184.25 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 119.93 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 02-612-000-0000-6330 207.70 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 197.65 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/5/24 Per Diem Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/18/24 Per Diem Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 6/5/24 Per Diem Y 233.606304 6307 RODER/BETSY 90.006307 12964 ROGAL/KEITH 50.0012964 14645 ROLLIE/WILLIAM 454.9314645 16752 ROSENTHAL/GREGORY 304.1816752 15178 SALATHE/KELVIN 405.3515178 17200 SAMUELSON/HEIDI 90.0017200 11188 SCHORNACK/DAVID 180.0011188 Page 22Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 4 Transactions 1 Transactions 1 Transactions 2 Transactions 2 Transactions 2 Transactions 1 Transactions 2 Transactions RIPLEY/DAVID RODER/BETSY ROGAL/KEITH ROLLIE/WILLIAM ROSENTHAL/GREGORY SALATHE/KELVIN SAMUELSON/HEIDI SCHORNACK/DAVID Otter Tail County Auditor General Fund Dedicated Accounts COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Copyright 2010-2022 Integrated Financial Systems 02-612-000-0000-6330 237.85 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 141.37 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 01-002-000-0000-6240 16.77 K3210 COOKIES FOR OPEN HOUSE 6/10/24 Publishing & Advertising N 01-201-000-0000-6526 1,054.95 FIREARM/HOLSTER 6/13/24 Uniforms N 01-061-000-0000-6345 9,065.60 ACCT 1079757 LICENSES B18351279 Software Lic. Agreements N 01-061-000-0000-6345 27,363.72 ACCT 1079757 LICENSES B18354796 Software Lic. Agreements N 01-061-000-0000-6680 2,220.00 ACCT 1079757 HARDWARE SUPPORT B18355692 Computer Hardware N 10-304-000-0000-6572 95.12 PARTS 41036 Repair And Maintenance Supplies N 10-304-000-0000-6572 78.00 SUPPLIES 10539 Repair And Maintenance Supplies N 50-000-000-0000-6981 200.00 FOOD WASTE DROP OFF SIGN 10578 Organic Grant Expense N 50-000-000-0000-6379 125.00 UNIT 3017 DOOR DECALS 10579 Miscellaneous Charges N 02-612-000-0000-6330 34.64 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 17369 SCHULTZ/TOM 237.8517369 15192 SCHWANTZ/CHRISTOPHER 141.3715192 19005 SERVICE FOOD SUPER VALU 16.7719005 1897 SHEILS/RICK 1,054.951897 10001 SHI INTERNATIONAL CORP 38,649.3210001 705 SIGELMAN STEEL & RECYCLING INC 95.12705 48638 SIGNWORKS SIGNS & BANNERS INC 403.0048638 16819 SKOUGARD/KENNADY 34.6416819 17375 SMIEJA/THOMAS Page 23Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 1 Transactions 1 Transactions 1 Transactions 3 Transactions 1 Transactions 3 Transactions 1 Transactions SCHULTZ/TOM SCHWANTZ/CHRISTOPHER SERVICE FOOD SUPER VALU SHEILS/RICK SHI INTERNATIONAL CORP SIGELMAN STEEL & RECYCLING INC SIGNWORKS SIGNS & BANNERS INC SKOUGARD/KENNADY Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach General Revenue Fund Copyright 2010-2022 Integrated Financial Systems 01-044-000-0000-6331 113.09 MEALS - ALP TRAINING 6/26/24 Meals And Lodging N 01-044-000-0000-6331 482.04 LODGING - ALP TRAINING 6/27/24 Meals And Lodging N 10-304-000-0000-6406 126.28 SUPPLIES 940471 Office and Garage Supplies N 02-612-000-0000-6330 162.81 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 154.10 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 10-303-000-0000-6278 1,333.14 PROFESSIONAL ENGINEERING SERVI 01054.16 Engineering Consultant N 01-201-000-0000-6526 300.95 ACCT 974 UNIFORM ITEMS I1705089 Uniforms N 01-201-000-0000-6526 284.96 ACCT 974 UNIFORM ITEMS I1705170 Uniforms N 01-201-000-0000-6526 54.99 ACCT 974 HANDCUFFS I1705282 Uniforms N 01-250-000-0000-6269 3,180.82 C1252000 MEALS 6/1-7/24 INV2000209802 Professional Services-Kitchen N 01-250-000-0000-6269 3,388.60 C1252000 MEALS 6/8-14/24 INV2000210218 Professional Services-Kitchen N 01-250-000-0000-6269 3,457.88 C1252000 MEALS 6/15-21/24 INV2000211043 Professional Services-Kitchen N 10-302-000-0000-6343 2,100.00 ACCT #OTTER002 - EQUIPMENT REN R17543 Equipment Rental N 10-304-000-0000-6572 254.01 ACCT #OTTER002 - PARTS P16200 Repair And Maintenance Supplies N 50-000-000-0000-6330 40.20 MILEAGE - PARTS PICK UPS 6/24/24 Mileage N 595.1317375 48183 STEINS INC 126.2848183 16141 STIGMAN/RYAN 316.9116141 15004 STONEBROOKE ENGINEERING INC 1,333.1415004 168 STREICHERS 640.90168 6642 SUMMIT FOOD SERVICE LLC 10,027.306642 2045 SWANSTON EQUIPMENT CORP 2,354.012045 12248 SWANZ/PERRY Page 24Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 1 Transactions 2 Transactions 1 Transactions 3 Transactions 3 Transactions 2 Transactions SMIEJA/THOMAS STEINS INC STIGMAN/RYAN STONEBROOKE ENGINEERING INC STREICHERS SUMMIT FOOD SERVICE LLC SWANSTON EQUIPMENT CORP Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Solid Waste Fund Copyright 2010-2022 Integrated Financial Systems 50-000-000-0000-6290 132.50 ACCT 7152 RODENT CONTROL 245896 Contracted Services Y 50-000-000-0170-6290 127.75 ACCT 12465 RODENT CONTROL 245911 Contracted Services.Y 50-000-000-0000-6290 9.75 ACCT 7152 ODOR UNIT 245942 Contracted Services Y 01-031-000-0000-6436 58.20 ACCT 1968 CORRECTIONS/BALIFF 71933 New hire start up cost N 01-091-000-0000-6455 276.09 ACCT 1000520140 LIBRARY PLAN 850362581 Reference Books & Literature N 13-012-000-0000-6455 2,009.04 ACCT 1003217934 MAY 2024 850238576 Reference Books & Literature N 13-012-000-0000-6455 996.78 ACCT 1000551281 LIBRARY PLAN 850324091 Reference Books & Literature N 13-012-000-0000-6455 1,084.86 ACCT 1000551281 MAY 2024 950247026 Reference Books & Literature N 50-000-000-0130-6306 800.99 REPLACE CUTTING EDGE/OIL CHG 29440 Repair/Maint. Equip N 10-303-000-0000-6278 4,227.00 PROFESSIONAL ENGINEERING SERVI 24-128-2 Engineering Consultant N 01-124-000-0000-6140 180.00 PC - PER DIEM 6/12/24 Per Diem Y 01-124-000-0000-6330 109.21 PC - MILEAGE 6/12/24 Mileage Y 10-302-000-0000-6512 16,135.24 ACCT #1106 - CSP HELICAL GALV FP0000025659 Culverts N 40.2012248 5066 TERMINIX COMMERCIAL - ST CLOUD 270.005066 42537 THIS WEEKS SHOPPING NEWS 58.2042537 183 THOMSON REUTERS - WEST 4,366.77183 1999 TNT REPAIR INC 800.991999 7010 TRANSPORTATION COLLABORATIVE & 4,227.007010 11949 TRITES/DAVID 289.2111949 1841 TRUENORTH STEEL INC 16,135.241841 15997 TSCHIDA/CRAIG Page 25Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 3 Transactions 1 Transactions 4 Transactions 1 Transactions 1 Transactions 2 Transactions 1 Transactions SWANZ/PERRY TERMINIX COMMERCIAL - ST CLOUD THIS WEEKS SHOPPING NEWS THOMSON REUTERS - WEST TNT REPAIR INC TRANSPORTATION COLLABORATIVE & TRITES/DAVID TRUENORTH STEEL INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Road And Bridge Fund Copyright 2010-2022 Integrated Financial Systems 10-303-000-0000-6369 122.50 REIMBURSEMENT - PROFESSIONAL E 6/18/24 Miscellaneous Charges N 01-112-102-0000-6572 1,514.22 ACCT OTCFOVE ICE MACHINE MAINT 17409 Repair And Maintenance/ Supplies N 10-301-000-0000-6210 14.05 ACCT 556562 CONTROL T757 0000556562254 Postage & Postage Meter N 01-112-108-0000-6275 530.79 ACCT OTERCO01 MN APR 2024 657460 Fiber Locating For Gsc N 50-390-000-0000-6863 16,292.14 ACCT 1585 PAINT DISPOSALS INV-407858 Disposal Costs N 50-000-000-0120-6290 65.07 ACCT 160002806 SERVICE 2520411694 Contracted Services.N 50-000-000-0000-6290 48.40 ACCT 160002035 SERVICE 2520412006 Contracted Services N 50-390-000-0000-6290 48.40 ACCT 160002035 SERVICE 2520412006 Contracted Services.N 50-399-000-0000-6290 96.80 ACCT 160002035 SERVICE 2520412006 Contracted Services.N 01-031-000-0000-6406 35.05 ACCT 7493 NOTARY STAMP 460569 Office Supplies N 01-122-000-0000-6406 209.00 ACCT 7490 OSTP SOIL LOG FORMS 460539 Office Supplies N 01-201-000-0000-6240 263.57 ACCT 7491 AD CUPS FOR FAIRS 460620 Publishing & Advertising N 50-000-000-0000-6406 2,356.50 ACCT 7495 LASER WEIGHING DOCS 460603 Office Supplies N 02-612-000-0000-6330 145.26 AIS INSPECTOR MILEAGE 5/31/24 Mileage N 02-612-000-0000-6330 169.44 AIS INSPECTOR MILEAGE 6/15/24 Mileage N 122.5015997 7726 TWEETON REFRIGERATION INC 1,514.227726 176 UPS 14.05176 16820 USIC LOCATING SERVICES LLC 530.7916820 7857 VEOLIA ES TECHNICAL SOLUTIONS LLC 16,292.147857 13620 VESTIS 258.6713620 51002 VICTOR LUNDEEN COMPANY 2,864.1251002 16789 WAASDORP/KAYLEE Page 26Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 1 Transactions 1 Transactions 1 Transactions 1 Transactions 4 Transactions 4 Transactions TSCHIDA/CRAIG TWEETON REFRIGERATION INC UPS USIC LOCATING SERVICES LLC VEOLIA ES TECHNICAL SOLUTIONS LLC VESTIS VICTOR LUNDEEN COMPANY Otter Tail County Auditor General Fund Dedicated Accounts COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Copyright 2010-2022 Integrated Financial Systems 10-302-000-0000-6511 330.00 HOT MIX 13864 Bituminous Mix N 10-302-000-0000-6511 198.00 HOT MIX 13872 Bituminous Mix N 10-302-000-0000-6511 10,758.00 HOT MIX 13878 Bituminous Mix N 10-302-000-0000-6511 198.00 HOT MIX 13885 Bituminous Mix N 10-302-000-0000-6511 27,060.00 HOT MIX 13889 Bituminous Mix N 01-124-000-0000-6140 360.00 PC - PER DIEM 6/12/24 Per Diem Y 01-124-000-0000-6330 314.23 PC - MILEAGE 6/12/24 Mileage Y 01-123-000-0000-6140 270.00 BA - PER DIEM 6/13/24 Per Diem Y 01-123-000-0000-6330 148.74 BA - MILEAGE 6/13/24 Mileage Y 10-304-000-0000-6572 2,248.56 ACCT #131355 - PARTS 2063982 RI Repair And Maintenance Supplies N 01-124-000-0000-6140 180.00 PC - PER DIEM 6/12/24 Per Diem Y 01-124-000-0000-6330 84.42 PC - MILEAGE 6/12/24 Mileage Y 50-000-000-0110-6853 1,172.79 ACCT 3-85099-73002 6/1-15/24 0004961-0010-8 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0120-6853 7,441.36 ACCT 3-85099-73002 6/1-15/24 0004961-0010-8 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0130-6853 1,739.45 ACCT 3-85099-73002 6/1-15/24 0004961-0010-8 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0150-6853 294.16 ACCT 3-85099-73002 6/1-15/24 0004961-0010-8 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0170-6853 22,191.38 ACCT 3-85099-73002 6/1-15/24 0004961-0010-8 MSW BY PASSED EXPENSE LANDFILL N 314.7016789 2071 WADENA ASPHALT INC 38,544.002071 12465 WASS/DAVID F 674.2312465 2080 WEST/RICHARD 418.742080 13310 WESTMOR INDUSTRIES LLC 2,248.5613310 11653 WILSON/WARREN R 264.4211653 2278 WM CORPORATE SERVICES INC 32,839.142278 Page 27Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 5 Transactions 2 Transactions 2 Transactions 1 Transactions 2 Transactions 5 Transactions WAASDORP/KAYLEE WADENA ASPHALT INC WASS/DAVID F WEST/RICHARD WESTMOR INDUSTRIES LLC WILSON/WARREN R WM CORPORATE SERVICES INC Otter Tail County Auditor Community Development Authority COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:52:44AM7/3/2024 csteinbach Copyright 2010-2022 Integrated Financial Systems 23-706-000-0000-6290 2,000.00 GRANT PROGRAM MGMT NOV 2023 R-023674-000-2 Contracted Services N 23-706-000-0000-6290 1,500.00 GRANT PROGRAM MGMT DEC 2023 R-023674-000-3 Contracted Services N 50-399-000-0000-6306 693.76 ACCT 6842300 MAINT SI000504630 Repair/Maint. Equip N 13074 WSB & ASSOCIATES INC 3,500.0013074 2086 ZIEGLER INC 693.762086 469,857.32 Page 28Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 1 Transactions Final Total ............187 Vendors 405 Transactions WSB & ASSOCIATES INC ZIEGLER INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES10:52:44AM7/3/2024 csteinbach Solid Waste Fund Copyright 2010-2022 Integrated Financial Systems Page 29Audit List for Board Otter Tail County Auditor Community Development Authority Amount 126,764.88 General Revenue Fund 1 28,416.53 General Fund Dedicated Accounts 2 3,392.36 Parks and Trails 9 193,639.09 Road And Bridge Fund 10 4,090.68 Law Library Fund 13 1,911.89 Capital Improvement Fund 14 4,649.56 23 106,992.33 Solid Waste Fund 50 469,857.32 NameFundRecap by Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COMMISSIONER'S VOUCHERS ENTRIES7/3/2024 Bonstad Y N D 4 N Otter Tail County Auditor Audit List for Board Page 1 Print List in Order By: Save Report Options?: Type of Audit List: on Audit List?: Paid on Behalf Of Name Explode Dist. Formulas?: D - Detailed Audit List S - Condensed Audit List 1 - Fund (Page Break by Fund) 2 - Department (Totals by Dept) 3 - Vendor Number 4 - Vendor Name 11:22:29AM r.:1 INTtGRATCO 11:;:.1 FINANCIAL SYSTEMS COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems 11-406-000-0000-6435 123.20 ACCT #A2RJVV5AA0Wl1P 161V-GNLF-XNJT Drug Testing 17 N 06/14/2024 06/14/2024 11-420-601-0000-6406 13.46 ACCT #A2RJVV5AA0Wl1P 11GR-3VD7-FX37 Office Supplies 25 N 06/20/2024 06/20/2024 11-420-601-0000-6406 36.15 ACCT #A2RJVV5AA0Wl1P 16N6-YQF6-7FXJ Office Supplies 38 N 06/25/2024 06/25/2024 11-420-601-0000-6677 10.12 ACCT #A2RJVV5AA0Wl1P 179T-WH6C-KLQW Office Furniture And Equipment - Im 79 N 07/02/2024 07/02/2024 11-420-601-0000-6406 41.04 ACCT #A2RJVV5AA0Wl1P 19TT-YP6F-17Y3 Office Supplies 18 N 06/17/2024 06/17/2024 11-420-601-0000-6677 39.64 ACCT #A2RJVV5AA0Wl1P 1KYT-T6L3-9PJV Office Furniture And Equipment - Im 62 N 06/27/2024 06/27/2024 11-420-601-0000-6406 8.98 ACCT #A2RJVV5AA0Wl1P 1MKG-TKCG-NNX9 Office Supplies 50 N 06/27/2024 06/27/2024 11-420-601-0000-6406 24.93 ACCT #A2RJVV5AA0Wl1P 1PJX-K3TP-Y79M Office Supplies 57 N 06/28/2024 06/28/2024 11-420-601-0000-6406 8.84 ACCT #A2RJVV5AA0Wl1P 1VY1-C1XY-1YYY Office Supplies 29 N 06/24/2024 06/24/2024 11-430-700-0000-6406 17.13 ACCT #A2RJVV5AA0Wl1P 11GR-3VD7-FX37 Office Supplies 26 N 06/20/2024 06/20/2024 11-430-700-0000-6406 46.00 ACCT #A2RJVV5AA0Wl1P 16N6-YQF6-7FXJ Office Supplies 39 N 06/25/2024 06/25/2024 11-430-700-0000-6677 12.87 ACCT #A2RJVV5AA0Wl1P 179T-WH6C-KLQW Office Furniture And Equipment - Ss 80 N 07/02/2024 07/02/2024 11-430-700-0000-6677 50.44 ACCT #A2RJVV5AA0Wl1P 1KYT-T6L3-9PJV Office Furniture And Equipment - Ss 63 N 06/27/2024 06/27/2024 11-430-700-0000-6406 11.42 ACCT #A2RJVV5AA0Wl1P 1MKG-TKCG-NNX9 Office Supplies 51 N 06/27/2024 06/27/2024 11-430-700-0000-6406 31.74 ACCT #A2RJVV5AA0Wl1P 1PJX-K3TP-Y79M Office Supplies 58 N 06/28/2024 06/28/2024 11-430-700-0000-6406 11.26 ACCT #A2RJVV5AA0Wl1P 1VY1-C1XY-1YYY Office Supplies 30 N 06/24/2024 06/24/2024 11-430-700-0000-6242 300.00 Sjostrom/Valdes May 29-31,2024 Registrations 24 N 05/29/2024 05/31/2024 14386 AMAZON CAPITAL SERVICES INC 487.2214386 5721 ASSOCIATION OF MN COUNTIES Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 16 TransactionsAMAZON CAPITAL SERVICES INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems 11-420-640-0000-6298 207.00 Child Support Blood Test 12329752024 Child Support Blood Test Charge 40 6 04/04/2024 05/21/2024 11-430-700-0000-6304 640.56 ACCT #2461 397696 Motor Vehicle Service And Repair 78 N 06/11/2024 06/11/2024 11-430-700-0000-6331 15.00 MEAL Meals & Lodging - Ss Adm 52 N 06/14/2024 06/20/2024 11-430-700-0000-6331 11.68 MEAL Meals & Lodging - Ss Adm 53 N 06/14/2024 06/20/2024 11-406-000-1580-6050 8.78 Lunch with client Teen Leadership Program 31 N 06/24/2024 06/24/2024 11-430-700-0000-6331 15.00 MEAL 6-27-2024 Meals & Lodging - Ss Adm 81 N 06/27/2024 06/27/2024 11-430-700-0000-6331 15.00 MEAL Meals & Lodging - Ss Adm 82 N 06/05/2024 06/05/2024 11-430-700-0000-6331 79.90 MEALS Meals & Lodging - Ss Adm 41 N 03/21/2024 05/30/2024 300.005721 11695 DNA DIAGNOSTICS CENTER INC 207.0011695 35018 FERGUS TIRE CENTER INC 640.5635018 16432 HAUGRUD/REED 26.6816432 6555 HOLMQUIST/ABIGAIL 8.786555 17389 KLAWITTER/JENNIFER 15.0017389 15130 KLOEK/ASHLEY 15.0015130 14775 LARSON/NICHOLAS Page 3Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 1 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 1 Transactions ASSOCIATION OF MN COUNTIES DNA DIAGNOSTICS CENTER INC FERGUS TIRE CENTER INC HAUGRUD/REED HOLMQUIST/ABIGAIL KLAWITTER/JENNIFER KLOEK/ASHLEY Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems 11-430-700-0000-6331 63.61 MEALS Meals & Lodging - Ss Adm 28 N 06/05/2024 06/18/2024 11-420-601-0000-6242 44.00 L. BURRIS-CONFERENCE 08-27-24 CONF Registrations 3 N 08/27/2024 08/27/2024 11-420-601-0000-6242 44.00 B. BROWN CONFERENCE 08-27-24 CONF Registrations 5 N 08/27/2024 08/27/2024 11-420-601-0000-6242 44.00 B. ONSTAD CONFERENCE 08-27-24 CONF Registrations 7 N 08/27/2024 08/27/2024 11-420-601-0000-6242 44.00 S.KING REGISTRATION 08/25-28/2024 Registrations 20 N 08/25/2024 08/28/2024 11-430-700-0000-6242 56.00 L. BURRIS-CONFERENCE 08-27-24 CONF Registrations 4 N 08/27/2024 08/27/2024 11-430-700-0000-6242 56.00 B. BROWN CONFERENCE 08-27-24 CONF Registrations 6 N 08/27/2024 08/27/2024 11-430-700-0000-6242 56.00 B. ONSTAD CONFERENCE 08-27-24 CONF Registrations 8 N 08/27/2024 08/27/2024 11-430-700-0000-6242 56.00 S.KING REGISTRATION 08/25-28/2024 Registrations 21 N 08/25/2024 08/28/2024 11-420-000-0000-2100 20,110.68 State/Fed Share MA Refun A300MM2A56l Due Other Governments MA Refunds 11 N 04/01/2024 04/30/2024 11-420-621-0000-6040 20,471.29 MA Nursing home LTC unde A300MM2A56l Co Share Of Under 65 Nh To State 13 N 04/01/2024 04/30/2024 11-420-621-0000-6040 267.05 G8 LTC LT65 A300MM2A56l Co Share Of Under 65 Nh To State 14 N 04/01/2024 04/30/2024 11-420-000-0000-2100 8,538.51 State/Fed Share MA Refun A300MM2B56l Due Other Governments MA Refunds 42 N 05/01/2024 05/31/2024 11-420-621-0000-6040 20,933.73 MA Nursing home LTC unde A300MM2B56l Co Share Of Under 65 Nh To State 45 N 05/01/2024 05/31/2024 11-420-621-0000-6040 271.53 G8 LTC LT65 A300MM2B56l Co Share Of Under 65 Nh To State 46 N 79.9014775 17337 MCGARY/ALEXIS 63.6117337 17360 MCHHSA 400.0017360 43022 MN DEPT OF HUMAN SERVICES Page 4Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 1 Transactions 8 Transactions LARSON/NICHOLAS MCGARY/ALEXIS MCHHSA Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems 05/01/2024 05/31/2024 11-420-605-0000-6040 3,503.03 04-24 MAXIS RECOVERIES A300MX56254l State Share Of Maxis Refunds To State 49 N 04/01/2024 04/30/2024 11-420-605-0000-6040 1,292.40 05-24 MAXIS RECOVERIES A300MX56255l State Share Of Maxis Refunds To State 71 N 05/01/2024 05/31/2024 11-430-740-4911-6051 440.95 Adult Case Management A300MM2A56l R 79 Adltcasemngmnt To State 12 N 04/01/2024 04/30/2024 11-430-750-5660-6050 233.36 DT&H A300MM2A56l Dac's Out Of County 15 N 04/01/2024 04/30/2024 11-430-750-5740-6050 1,296.26 ICF/MR Co Share A300MM2A56l Icf/Mr County Share 16 N 04/01/2024 04/30/2024 11-430-740-4901-6051 101.83 Child Case Management A300MM2B56l R79 Ch Case Manage State 44 N 05/01/2024 05/31/2024 11-430-740-4911-6051 16,454.35 Adult Case Management A300MM2B56l R 79 Adltcasemngmnt To State 43 N 05/01/2024 05/31/2024 11-430-750-5660-6050 77.99 DT&H A300MM2B56l Dac's Out Of County 47 N 05/01/2024 05/31/2024 11-430-750-5740-6050 1,118.90 ICF/MR Co Share A300MM2B56l Icf/Mr County Share 48 N 05/01/2024 05/31/2024 11-430-700-0000-6304 123.14 INV #6306867 6306867 Motor Vehicle Service And Repair 74 N 06/14/2024 06/14/2024 11-430-700-0000-6331 11.87 MEAL Meals & Lodging - Ss Adm 76 N 05/08/2024 05/23/2024 11-430-700-0000-6331 15.00 MEAL Meals & Lodging - Ss Adm 77 N 05/08/2024 05/23/2024 11-430-700-0000-6331 11.06 MEAL Meals & Lodging - Ss Adm 84 N 06/04/2024 06/27/2024 11-430-700-0000-6331 11.91 MEAL Meals & Lodging - Ss Adm 85 N 06/04/2024 06/27/2024 11-430-700-0000-6331 15.00 MEAL Meals & Lodging - Ss Adm 86 N 06/04/2024 06/27/2024 11-430-700-0000-6331 13.82 MEAL Meals & Lodging - Ss Adm 87 N 95,111.8643022 43227 NELSON AUTO CENTER INC 123.1443227 17388 OLSON/ALIXANDRA Page 5Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 15 Transactions 1 Transactions MN DEPT OF HUMAN SERVICES NELSON AUTO CENTER INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems 06/04/2024 06/27/2024 11-420-640-0000-6297 45.00 CASE 20240629/PARTY 001 06-13-2024 Iv-D Sheriff's Costs 27 N 06/13/2024 06/13/2024 11-420-640-0000-6297 45.00 CASE #20240656/PARTY 001 06-15-2024 Iv-D Sheriff's Costs 19 N 06/15/2024 06/15/2024 11-420-640-0000-6297 107.60 CASE #20240687/PARTY 002 06-25-2024 Iv-D Sheriff's Costs 59 N 06/25/2024 06/25/2024 11-420-640-0000-6297 62.10 CASE #20240687/PARTY 001 06-25-2024 Iv-D Sheriff's Costs 60 N 06/25/2024 06/25/2024 11-420-640-0000-6297 45.00 CASE #20240718/PARTY 001 06-29-2024 Iv-D Sheriff's Costs 83 N 06/29/2024 06/29/2024 11-420-601-0000-6379 543.40 ACCT #684 SIN275317 Miscellaneous Charges Im Adm 1 N 04/01/2024 04/30/2024 11-420-601-0000-6379 914.10 ACCT #684 SIN277424 Miscellaneous Charges Im Adm 9 N 05/01/2024 05/31/2024 11-430-700-0000-6379 691.60 ACCT #684 SIN275317 Miscellaneous Charges - Ss Adm 2 N 04/01/2024 04/30/2024 11-430-700-0000-6379 1,163.40 ACCT #684 SIN277424 Miscellaneous Charges - Ss Adm 10 N 05/01/2024 05/31/2024 11-420-650-0000-6041 100.00 Ma Trans Nonload Ma Trans Nonload 56 N 05/01/2024 05/31/2024 11-420-650-0000-6050 745.10 MA Transp Charges Fed Ra Ma Trans Charges Fed Rate 55 N 05/01/2024 05/31/2024 11-430-760-6160-6050 5.00 Title XX Transportation Title Xx Transportation 54 N 05/01/2024 05/31/2024 11-430-700-0000-6304 135.25 ACCT 139 6086363 Motor Vehicle Service And Repair 72 N 78.6617388 44010 OTTER TAIL CO SHERIFF 304.7044010 45540 PACIFIC INTERPRETERS INC 3,312.5045540 25082 PRODUCTIVE ALTERNATIVES INC 850.1025082 46006 QUALITY TOYOTA Page 6Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 6 Transactions 5 Transactions 4 Transactions 3 Transactions OLSON/ALIXANDRA OTTER TAIL CO SHERIFF PACIFIC INTERPRETERS INC PRODUCTIVE ALTERNATIVES INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems 06/04/2024 06/04/2024 11-430-700-0000-6304 161.11 ACCT 139 6086444 Motor Vehicle Service And Repair 75 N 06/06/2024 06/06/2024 11-430-700-0000-6304 165.43 ACCT 139 6086671 Motor Vehicle Service And Repair 66 N 06/14/2024 06/14/2024 11-430-700-0000-6304 478.78 ACCT 139 6086829 Motor Vehicle Service And Repair 73 N 06/20/2024 06/20/2024 11-430-700-0000-6304 69.54 ACCT 139 6086920 Motor Vehicle Service And Repair 70 N 06/24/2024 06/24/2024 11-430-700-0000-6304 102.60 ACCT 139 6086941 Motor Vehicle Service And Repair 67 N 06/24/2024 06/24/2024 11-430-700-0000-6304 135.25 ACCT 139 6086959 Motor Vehicle Service And Repair 65 N 06/25/2024 06/25/2024 11-430-700-0000-6304 135.25 ACCT 139 6087089 Motor Vehicle Service And Repair 64 N 06/28/2024 06/28/2024 11-430-700-0000-6331 15.00 MEAL Meals & Lodging - Ss Adm 32 N 05/10/2024 06/20/2024 11-430-700-0000-6331 14.08 MEAL Meals & Lodging - Ss Adm 35 N 05/10/2024 06/20/2024 11-430-700-0000-6331 18.00 MEAL Meals & Lodging - Ss Adm 36 N 05/10/2024 06/20/2024 11-430-700-0000-6331 19.30 MEAL Meals & Lodging - Ss Adm 37 N 05/10/2024 06/20/2024 11-430-710-1621-6097 26.50 CLIENT MEAL In Home Service - Brief 33 N 05/10/2024 06/20/2024 11-430-710-1621-6097 14.08 CLIENT MEAL In Home Service - Brief 34 N 05/10/2024 06/20/2024 11-406-000-0000-6200 554.64 ACCT #942509247-00011 9967437853 Telephone Probation 61 N 05/24/2024 06/23/2024 11-430-700-0000-6200 1,522.70 ACCT #942509247-00007 9967437849 Telephone - Ss Adm 69 N 05/24/2024 06/23/2024 11-430-700-0000-6265 26.26 ACCT #942509247-00007 9967437849 Data Processing Costs - Ss Adm 68 N 1,383.2146006 13803 ULSCHMID/LIZA 106.9613803 9820 VERIZON WIRELESS Page 7Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 8 Transactions 6 Transactions QUALITY TOYOTA ULSCHMID/LIZA Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems 05/24/2024 06/23/2024 11-420-640-0000-6297 80.00 SHERIFF #24001282 #24001282 Iv-D Sheriff's Costs 22 N 06/23/2024 06/23/2024 11-420-640-0000-6297 80.00 SHERIFF #24001282 #24001282 Iv-D Sheriff's Costs 23 N 06/23/2024 06/23/2024 2,103.609820 5525 WASHINGTON CO SHERIFF'S OFFICE 160.005525 105,778.48 Page 8Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 3 Transactions 2 Transactions Final Total ............21 Vendors 87 Transactions VERIZON WIRELESS WASHINGTON CO SHERIFF'S OFFICE Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES11:22:29AM7/3/2024 Bonstad Human Services Copyright 2010-2022 Integrated Financial Systems Page 9Audit List for Board Otter Tail County Auditor Amount 105,778.48 Human Services 11 105,778.48 NameFundRecap by Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Otter Tail County Contract Outline Presented to Human Service Board July 9, 2024 Agency Program Effective Date Targeted Population Amount of Contract Amount of Previous Contract Funding Source Contract Renewals Wadena – Deer Creek District #2155 Transportation of Children & Youth in Foster Care Placement 07.01.24 through 06.30.25 Children & Youth Mileage reimbursement is to be set at the current IRS rate. All transportation costs identified will be split equally; The District and OTC agree to each assume pay 50% of the costs. No Change Otter Tail County and School District. County Wide Traffic Marking County State Aid Highway -County Road STATE OF MINNESOTA COUNTY OF OTTER TAIL CONTRACT HIGHWAY MAINTENANCE Job No. 4277-200 & 4277-608 This agreement, made this 11th day of June 20.M:_, between the County of Otter Tail in the State of Minnesota, party of the first part, hereinafter called the County, and Sir Lines-A-Lot, LLC of 7175 Cahill Road, Edina, MN , party of the second part, hereinafter called the Contractor. Witnesseth, that the Contractor, for and in consideration of the payment or payments herein specified and by the County to be made, hereby covenants and agrees to furnish all materials, (except such as is specified to be furnished by the County), all necessary tools and equipment and to do and perform all the work and labor in the construction of County State Aid Highways County Highways and City Streets , Job Nos. _.,_4=-27,_,_7_,-2=0=0-=&::::....:.:42=7c..:.7_,-6..,.0=8 _________ _ located as shown on approved plans located in Otter Tail County and the City of Fergus Falls for the price and compensation set forth and specified in the proposal signed by the Contractor and hereto attached and hereby made a part of this agreement, said work to be done and performed in accordance with the Plans, Specifications, and Special Provisions therefore on file in the office of the County Auditor of said County, which Plans, Specifications, and Special Provisions are hereby made a part of this agreement. The Contractor further covenants and agree that he will commence work on or before ___ _ ________ _, 20_ and will have same completed in every respect to the satisfaction and approval of the County, on or before June 19/September 27 , 20 24. IN WITNESS WHEREOF, The said County has caused these presents to be executed and the Con- tractor_ha __ hereunto subscribed __________ name __ . Dated at Fergus Falls, MN , this _______ day of __________ ~ 20_M_. COUNTY OF OTTER TAIL by ________________ _ County Board Chair County Board Clerk ~ ~ SIR LINES-A-LOT. LLC Contractor Approved as to form and execution this ___ day of ________ , 20..2.i.,_. County Attorney J Letting Date: May29,.2024 24-06 Executed in Duplicate Bond No. 2357240 Contract No. State Project No. Federal No. Class of Work CP 4277-200 & 4277-608 County Wide Traffic Marking COUNTY OF OTTER TAIL (STATE OF MINNESOTA) TRANSPORTATION DEPARTMENT PAYMENTANDPERFORMANCEBOND FOR HIOHWA Y CONSTRUCTION AND MAINTENANCE PROJECTS PART A: PAYMENT KNOW ALL PERSONS BY THESE PRESENTS, That We, _ _.S=ir,....L=in=e=S•.:.:A:..:·L=o...,t. ..... L=L=C'---__ of 7175 Cahill Road. Edjna, MN , contractor As principle, and Swiss Re Corporate Solutions _Am.....,_e.._ri_ca __ In_s_ur_an=ce.;,,..;;;C..;;.o.;.,rp;..;o'""ra_t_io;.;;n;..._ ____________________ _,. as Surety, are held and firmly bound unto the County of Otter Tail in the amount of $665,939.41 ___ S,..ix.....,hun....._dred""'""''""s..,_ix..,b' .... •=fi __ ve,_dt"""'"ous=an:.:.:d::.an:.:::in""'e""'h,..,u:::.:n:.:w,..e;;:,d..,th.,.,,irty,...,._-,...nin...=.e =an ... d,_4.,_,1""'/1,.,.0.,.0 ________ DOLLARS, for payment of all claims, costs and charges hereinafter set forth. For the payment of this well and truly to be made we jointly and severally bind ourselves, our representatives and successors fmnly by these presents. The condition of this obligation is such that whereas the principle has entered into a contract with the County of Otter Tail for the construction of Project No. 4277-200 & 4272::608 , located Counb' Wide which is on file in the office of the Otter Tail County Transportation Department, the regularity and validity of which is hereby affinned: NOW, THEREFORE, if the principle shall pay as they may become due all just claims for work done, and for furnishing labor, work, skills, tools, machinery, materials, insurance premiums, equipment, and supplies, for the purpose of completion of the contract in accordance with its tenns, and all taxes incurred under Minnesota Statutes, Section 290.92 and Chapter 297A. and shall pay all costs of enforcement of the tenns of the bond. if action is brought thereon, including attorney's fees, if any case in which such action is successfully maintained, and shall comply with the laws of the state appertaining to such contract, then this obligation shall be void, but otherwise it shall remain in full force and effect pursuant to Minnesota Statutes, Chapter 574. •. PART B; PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS, That the aforesaid principle and surety are held and finnly bound unto the County of Otter Tail in the additional amount of _$6""""6""5,""9..,39""'.4.._1,.._ ____ _ --=-s~~~h~u~nc=lred~s~i~x1Y~•~fi~•v~e~th~o~usan,,,,.,~d~o~io~e~b~un~dred==ut~hirty.....,..-~n~in~e~a~nd~4=1/~I0~0'---_______ DOLLARS,for the faithful perfonnance of the conttact as hereinafter set forth. For the payment of this well and truly to be made we jointly and severally bind ourselves, our representatives and successors fmnly by these presents. The condition of this obligation is such that whereas the principle has entered into the conttact more particularly described in Part A hereof, the regularity and validity of which is hereby affmned; NOW, THEREFORE, if the principle shall faithfully perfonn the conttact and shall save !he County of Otter Tail hannless from all costs and charges that may accrue on account of the perfonnance of the work specified and shell pay all costs of enforcement of the tenns of the bond, if action is brought thereon, including attorney's fees, in any case in which such action is successfully maintained, and shall comply with the laws of the state appertaining to such conttact, then this obligation shall be void, but otherwise it shall remain in full force and effect pursuant to Minnesota Statutes, Chapter 574. THE AGGREGATE LIABILITY UNDER PART A AND PART B HEREOF IS _$~6=6=5-93~9~.4~1 ________________________ DOLLARS SIGNATURES Date June 24 Sir Lines-A-Lot, LLC (Contractor Corporate Seal) .. •···· /I ~ ... ~ ,, _(Contractor.)lame) \ , By c__---c..___. ~ hi~ (Officer) (Officer) Swiss Re Corporate Solutions America Insurance Corporation (Name of Surety) CORPORATE ACKNOWLEDGMENT FOR CONTRACTOR • STA 1E OF MINNESOTA County of Ano ~c- On this '.2Y.._ ss. day of .'.)u-o e • 20'l.4 , before me appeared ..,(_b~w,...._.·..,c.,,e-__,\ .. lo..==-c,=(._>,.,,<.:::....iz..r=---"2~ed':La.;;.;;...-.._an.d. ________________ _ to me personally known, who being by me duly sworn, did say that they are respectively 2 r-e.."t> f d .. u-v-l· and -----=-='"""'""""""-a..---------------------------- of the '.'.Q•f"' k:~-tr-t.,a,-t-,acorporation;thattheseal affbced to the foregoing instrument is the corporate seal of the corporation, and that said instrument was executed in behalf of the corporation by authority of its board of directors; and they acknowledged said instrument to be the free act and deed of the corporation. -G-\N-.!A~Nr.-::IC:-:.O\.ii'!E~GoioE0lHiRiRliNiNGG\ NotafMPubUc --~~~~...!:::::~~~~L..-,---..,..,...---,-,-~ M;:~~lss\i=1res (Notazy Signature and Seal) CO-PARTNERSHIP ACKNOWLEDGMENT STATE OF MINNESOTA Countyof ______________ .ss. On this ___________ day of __________ --.J 20_before me personally appeared. _____________ t.o me known to be the person(s) described in and who executed the foregoing bond, and acknowledged that (he/she/they) executed the same as <his/her/their) tree act and deed. (Notazy Signature and Seal) .... 1 .. y ACKNOWLEDGEMENT OF SURETY STATE OF MINNl:S:O..'P'A'CTENNESSEE COUNTY OF DAVIDSON On this ____ 2_4_t_h ____ day of __ J_t_m_e _______ ,20~, before me a Notary Public within and for said County and State, appeared ___ \.\_'_il_l_ia_n_1_R_e_id_in_g_e_r _______ known to me to be the Attorney(s)-in-Fact of Swiss Re Corporate Solutions America Insurance Corporation that he/she is (are) the Attorney(s)-iri;-:f.act of the . Swiss Re Corpora1e Solutions America Insura nce Corpornrion the corporation described in and tha~e u't~~~'61Wffhw. and foregoing instrument and known to me to be the person who executed the said instrum -~~\~f.\Yf~1t~oration and he/she duly acknowledged tom that such corporation executed the same ~ Ci .. • •• ~ ) Q ·!!JP ~ •• •• ~ , ~ / STATE OF \ ~ ~ ~-~ i TENNESSEE : ~ /J&. ,~'-1,· I t ~ ; NOTARY : = NOTARY SIGNA U ~-, ~ •. PUBLIC :' § Cassidy Kelly ~; ~ •·.. ..• ~ ~~~~:s-t: NOTICG ~: 11111111~"'"'' ~IES 1/ss,oN E~J,,~e NOTICE TO CORPORA TE SURETIES Full Name of Surety Company Home Office Address (street) City, State and Zip Code Name of Attorney in Fact Name of Local Agent Address of Local Agent (street) City, State and Zip Code Bond will not be accepted unless accompanied by a sworn financial statement of each of the sureties. This bond will not be accepted unless executed or countersigned by a Minnesota agent or attorney-in fact whose name and address must be noted below. Swiss Re Corporate Solutions America Insurance Corporation l '00 Main Street, Suite 800 Kansas City. MO 64 105 William Reidi nger tvlarsh Mc Lennan Agency 333 South Seventh Street, SI'S Tower. Suite 1400 Minneapolis, MN 55402 If this bond is executed outside of the State of Minnesota it must be countersigned on page three ·by a Minnesota Resident Agent of the Surety Company. Name of Agent affixing countersignature _.....:.N.:.,.<>:.:..t :..,A.1.:.1L'.!1l.:.::ic~,1b::.:.le:::..· __________________ _ Address SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORA TE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORA TE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") GENERALPOWEROFATTORNEV KNOW ALL MEN 8 Y THESE PRESENTS, Tl !AT SRCSAIC. a corporation duly organized and existing under laws of the State of Missouri, and having its principal offi1.'C in the City ofKansa'> City, Missouri, and SRCSPIC, a corpor,nion organi7.cd and existing under the laws of the State of Missouri and having iL~ principal office in the City of Kansas City, Missouri, each docs hereby make, constitute, and appoint: William Reidinger Principal: Sir Lines-A-Lot, LLC Obligec: Otter Tail County Bond Description: County Wide Traffic Marking, Project No. 4277-200 & 4277-608, Contract No. 24-06 Bond Number: 2357240 Bond Amount: Sec Bond Fonn Its true and lawful Attorncy(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies. as surety, on contracts of suretyship as arc or may be required or pcnnitted by law, regulation. contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50.000.000.00} DOLL\RS 'l11is Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SR CSP IC at meetings duly called and held on the 9th of May 2012: "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President. the Secretary or any Assistant Secretary be, and 1.-ach or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation: and it is FURTHER RESOLVED, that the signature of such officers and tbe seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." S1a1e of Illinois County of Cook El lh.,....--u---,,~-~--,--,----,-"."'"':'""'C"--=--c--c-- 1:nk J2m'-c1.n~ Swior \'kt rrr-,idcnl uf SRC'S.\{C &: Srufor \'kc-l"rn.idtnt or SRCSl'IC' Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation On this 10TH day of NOVEMBER , 20 ~. before me, a Notary Public personally appeared Edk Jansscns , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPlC and Gerald Jagrowski, Vice Presidcnl ofSRCSAIC and Vice President of SPCSPIC, personally known to me. who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFIClAJ.. SEAL CHRISTINA MANISCO II01'.AAV l'USUC. STATE Of li.1.HllS illr'l~t~Mm:1'12'8,2!1'26 ~.f',l,~ I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary ofSRCSAIC and SRCSl'IC. do hereby certify tllat •.IH: above an<l /orcgoir,!; is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC. which is still in full forcc and cffoct. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companks this 24th day of June . 2c.2A .• Jeffrey Goldberg, Senior Vice Prcsidci;t & Assistant Sccrctru-y ofSRCSAIC and SRCSPIC • :· ... STATE OF MINNESOTA COUNTY OF OTTER TAIL THE OTTER TAIL COUNTY VETERANS SERVICE OFFICER OATH OF OFFICE STATE OF MINNESOTA ) )ss. COUNTY OF OTTER TAIL ) I, Robert Emerson, do solemnly swear that I will support the Constitution of the United States and that of the State of Minnesota, and discharge faithfully the duties of Veterans Service Officer of Otter Tail County to the best of my judgment and ability. So help me God. ____________________________________ (name) Subscribed and sworn to before me this ______ day of ____________, 20_____. ________________________________ Notary Public What is a Family Resource Center? A community or school-based welcoming hub of support, services, and opportunities for families that: • Utilizes an approach that is multi-generational, strengths-based, and family-centered U,iyiVÌÃ>˜`ˆÃÀi뜘ÈÛi̜ community needs and interests • Provides support at no or low cost for participants • Builds communities of peer support for families to develop social connections that reduce isolation and stress What are the goals of a FRC? • To support families to be strong, healthy, and successful • To contribute to building a strong and healthy community • To reduce the likelihood of child abuse and neglect by building the research-based Strengthening Families Protective Factors1 What services do FRCs most commonly offer?2 • Parenting Support • Access to Resources • Child Development Activities • Parent Leadership Development What do FRCs do? • Enhance parenting skills • Foster the healthy development and well-being of children, youth, and families • Prevent child abuse and neglect • Increase school readiness • Connect families to resources • Develop parent and community leadership • Engage males and fathers • Support healthy marital and couples relationships • Promote family economic success www.nationalfamilysupportnetwork.org~ NATIONAL ~ FamilySupport NETWORK What outcomes do FRCs achieve? What locations have invested in FRCs being available for all families? What does it cost to run a FRC? FRC budgets vary across the country in relation to NQECNEQUVUQHNKXKPIURGEKƂERTQITCOOKPICPFphysical space. • A typical community-based New Jersey Success Center has an annual budget of $240,000 to $300,000 with 3-4 full-time staff. • A school-based FRC in Kentucky has an annual budget of $33,000-$82,000 with 1-2 full-time staff and space and other resources provided in-kind. Sources: 1 Center for the Study of Social Policy. (2005). Strengthening Families: A Protective Factors Framework. 2 OMNI Institute. (2016). Advancing the Family Support & Strengthening Field Project Survey Results. 3 Community Services Analysis LLC. (2014). Social Return on Investment Study. 4 OMNI Institute (2021). Return on Investment of a Family Resource Center to the Child Welfare System: Westminster Family Resource Center, Orange County, CA. 5 OMNI Institute (2021). Return on Investment of a Family Resource Center to the Child Welfare System: Community Partnership Family Resource Center, Teller County, CO. 6Colorado Community Response Evaluation Findings 2014-2018. 7 Chapin Hall. (2018). Do Family Support Centers Reduce Maltreatment Investigations? Evidence from Allegheny County. 8 Family Pathways & CFSA 2.0 Evaluation Report - Executive Summary 2019. 9 Family Resource and Youth Services Centers of Kentucky. Did you know? • Although there is no dedicated federal funding for Family Resource Centers, there are more than 3,000 of them nationwide in 40 states and the District of Columbia that serve more than 2 million people annually. • The heritage of Family Resource Centers in the U.S. goes back to the establishment of Settlement Houses in the late 1800s to support new immigrants to succeed. Kentucky 888 school-based Family Resource and Youth Service Centers New Jersey 57 Family Success Centers across all of its 21 counties Vermont 15 Parent Child Centers, one in each service area Allegheny County, PA 28 Family Support Centers San Francisco, CA 26 Family Resource Centers • $4.93 Social Return on Investment for every dollar invested 3 • $3.65 savings for the child welfare system for every dollar invested 4 • Gains in economic self- ÃÕvwVˆi˜VÞ] health, social support, family functioning and resiliency, child nurturing and healthy attachment 8 • Improvements in children’s educational success 9 • 63% reduction of child abuse cases 5 • 50% reduction of out of home placements 6 • 26% lower rates of community-level child abuse investigations 7 www.nationalfamilysupportnetwork.org Good Samaritan Settlement House San Francisco, CA 1913 Good Samaritan Family Resource Center today ~ NATIONAL ~ FamilySupport NETWORK HIRING REQUEST FORM FOR NEW POSITIONS Hiring Request Information Department: Community Development and Housing Date of Request: 6/20/2024 Title of Position Requested: Housing Assistance Coordinator FTE of Position Requested: 1 Number of Incumbents in Job Class: 1 Number of Vacancies in Job Class: 0 Number of Employees in Department: 9 Number of Vacancies in Department: 0 Hiring Criteria & Guidelines Indicate whether or not position is mandated by statute, explain. The position is not mandated by statute; the position is being requested to support the expansion of work being completed by the Housing and Redevelopment Authority, including the growth of rental units owned and operated by the HRA, the addition of State funded rent vouchers to be allocated to the HRA in 2025 and the increased utilization of housing programs including down payment assistance. Estimate costs associated with this position, e.g. salary, benefits, advertising. B21, Step 1 is $46,093. Annual estimate including salary, benefits, taxes and PERA is $72,453. Indicate revenue sources that fund this position, e.g. county, state, federal, private, grant. Primary funding will be from the HRA Special Benefit Levy, with the majority of the cost covered by funds previously budgeted for contracted capacity within the HRA. The programs that would be supported by the position may also provide administrative reimbursement. How is this workload currently being managed, e.g. temporary employees, redistribution, job share? Currently, a portion of the work is being managed by the Housing Program Supervisor (specifically, property management) and a portion by the incumbent Housing Assistance Coordinator. The incumbent Coordinator is nearly at capacity with the number of households supported on a monthly basis through rent vouchers and supporting the downpayment assistance program. An additional staff person will allow this work to be completed by the appropriate level, freeing up the Housing Program Supervisor to focus more time on other strategic housing priorities, including advancing the priority of growing the number of affordable housing units owned and operated by the HRA. What alternatives have you explored to filling this position? We have had contracted capacity within the department; however, the nature of the workload this position would be focused on does not align with being supported by contracted capacity. What are the consequences of not filling the position? The consequence of not filling the position is that additional households in the County will not be able to be served with a rent voucher, causing them to be cost burdened by their rent payment. The currently wait list is approximately 40 households. In addition to the forthcoming State funded vouchers, now that the HRA is maxed out budgetarily on the number of Federally funded vouchers, there is the ability to pursue additional targeted Federal vouchers for foster youth, veterans, persons without a home, and others. ADMINISTRATION 218-998-8060 ® LIVE YOUR best life HERE. @ 520 W. Fir Avenue Hiring Request Form requiring County Board Action Approved by County Board 12/14/10 Updated October 2014 Approval Department Head Signature: Date: 6/20/24 Team Leader Signature: Date: Finance, Property & License Management Committee Recommendation (if applicable): Date: Administration/Operations Committee Recommendation: Date: County Board Action: Date: EMPLOYEE RELATIONS ALCOHOL, CANNABIS AND DRUG FREE WORKPLACE SECTION 620 POLICY OVERVIEW Otter Tail County is committed to protecting the safety, health and well-being of all employees and individuals in our work environment. We recognize that alcohol abuse and drug use pose a significant threat to job performance and the safety and security of our operation. We have established a drug and alcohol- free workplace program that balances our respect for individuals with the need to maintain a drug and alcohol-free environment. The Otter Tail County drug and alcohol testing policy shall set forth the following information: a) the employees or job applicants subject to testing under this policy; b) the circumstances under which cannabis and drug and alcohol testing may be requested or required; c) the right of an employee or job applicant to refuse to undergo cannabis and drug and alcohol testing and the consequences of refusal; d) any disciplinary or other adverse personnel action that may be taken based on a confirmatory test verifying a positive test result on an initial screening test; e) the right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest; and f) any other appeal procedures available. Relevant Regulations: Federal Drug Free Workplace Act of 1988 (Public Law 100-670) and the requirements of the Minnesota Drug and Alcohol Testing in the Workplace Act (Minnesota Statute 181.950 et. seq.). Omnibus Transportation Employee Testing Act of 1991 (Public Law 102-143). Regulation of Adult- Use Cannabis (Minnesota Chapter 342), Nonwork activities; Prohibited Employer Conduct (Minnesota Statute 181.938) 620.01 POLICY STATEMENT AND SCOPE Otter Tail County recognizes that alcoholism and other drug dependencies are a significant social problem with the potential to cause severe effects in the workplace. Otter Tail County recognizes that it has a responsibility to maintain a drug free workplace and intends to comply with the requirements of the federal Drug Free Workplace Act of 1988 (Public Law 100-670), the requirements of the Minnesota Drug and Alcohol Testing in the Workplace Act (Minnesota Statute 181.950 et. seq.) and drug and alcohol testing provisions for those individuals working in safety-sensitive positions as mandated by the Omnibus Transportation Employee Testing Act of 1991. This policy shall be applicable to all employees of Otter Tail County. This policy shall be applicable to employees covered by a collective bargaining agreement, if language in this policy and in the collective bargaining agreement conflict, then the bargaining agreement language shall control. It is the duty and responsibility of all supervisors and department heads to enforce this policy and to communicate it to their staff. This policy also includes employees required to undergo random testing in accordance with the federal regulations or because they are identified as a “safety-sensitive” position. 620.02 DEFINITIONS Applicant: A person, independent contractor, or person working for an independent contractor who applies to become an employee of an employer, and includes a person who has received a job offer made contingent on the person passing drug or alcohol testing -- 2 Cannabis product: Means any of the following: (1) cannabis concentrate; (2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted, or derived from cannabis plants or cannabis flower; or (3) any other product that contains cannabis concentrate. (b) Cannabis product includes adult-use cannabis products and medical cannabinoid products. Cannabis product does not include cannabis flower, synthetically derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products. Cannabis testing: The analysis of a body component sample according to the standards established under one of the programs listed in section 181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis flower, as defined in section 342.01, subdivision 15, cannabis products, as defined in section 342.01, subdivision 19, or cannabis metabolites in the sample tested. Commercial Driver’s License (CDL): In accordance with Federal Department of Transportation (DOT), anyone employed by Otter Tail County whose job duties require them to possess a CDL and who operates, maintains, or dispatches commercial motor vehicles will be subject to random drug and alcohol testing. Confirmatory Test/Confirmatory Retest: A drug, alcohol, or cannabis test completed on the sample that was positive on the initial screening test, and that uses a method of analysis allowed under one of the programs as listed in Minn. Stat. §181.950, subd. 2. Drug: A controlled substance as defined in Minn. Stat. §152.01, subd. 4. For safety sensitive positions, cannabis and its metabolites are considered a drug and subject to the drug, alcohol, and cannabis testing provisions in Minn. Stat. §§181.950 to 181.957. Drug and Alcohol Testing: Means an analysis of a body component sample according to the standards established under a program as defined by section 181.953, subdivision 1, for the purpose of measuring the presence of drugs, alcohol, or their metabolites in the sample tested. Does not include cannabis or cannabis testing, unless stated otherwise within this policy. Employee: An employee of Otter Tail County in accordance with the Personnel Rules and collective bargaining agreements. Employees Subject to Random Testing: All employees who are in a “Safety-Sensitive Function or Position” as defined below. Employer: Otter Tail County Initial Screening Test: A drug, alcohol, or cannabis test which uses a method of analysis under one of the programs listed in Minn. Stat. §181.953, Subd. 1. Positive Test Result: Finding the presence of drugs, cannabis, alcohol, or their metabolites tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minn. Stat. §181.953, Subd. 1. Random testing: Employees in safety sensitive positions are required to undergo cannabis testing and drug and alcohol testing on a random selection basis as allowed under Minn. Stat. §181.951, Subd. 4. Reasonable Suspicion: The basis for forming a belief based on specific facts and rational inferences drawn from those facts. - - 3 Reasonable Suspicion Testing: The county may request or require an employee to undergo cannabis testing and drug and alcohol testing if the employer has a reasonable suspicion that the employee: 1. is under the influence of drugs, cannabis or alcohol; or 2. has violated written work rules prohibiting the use, possession, impairment, sale or transfer of drugs or alcohol, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp- derived consumer products while the employee is working or while the employee is on the county’s premises or operating county vehicles, machinery, or equipment, if the work rules are in writing and contained in the county’s written cannabis testing or drug and alcohol testing; or 3. has sustained a personal injury or has caused another to sustain a personal injury; or 4. has caused a work-related accident or was operating or helping to operate machinery; equipment, or vehicles involved in a work-related accident. Random Selection Basis: A mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected; and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. Safety Sensitive function (DOT): All time waiting to be dispatched to drive a commercial motor vehicle; all time inspecting, servicing, or conditioning a commercial motor vehicle; all time driving at the controls of the commercial motor vehicle; all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper berth); all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle; or all time repairing, obtaining assistance, or attending to a disabled commercial motor vehicle. Safety-Sensitive Position (Non-DOT): Any position, including any supervisory or management position, in which an impairment caused by drug, alcohol ,or cannabis usage would threaten the health or safety of any person pursuant to Minn. Stat. §181.950, Subd. 13. For purposes of this policy, Otter Tail County safety- sensitive positions include, but are not limited to Supervisory and Management Positions, including the following: Management positions including: County Administrator; Deputy County Administrator; Public Health Director; Assistant Public Health Director; Nursing Supervisor; Human Services Director; Assistant Human Services Director; Social Services Supervisor, Plant Manager, Facilities Operations Supervisor, County Engineer, Assistant County Engineer; Highway Maintenance Supervisor; Probation Director; Solid Waste Director; Assistant Solid Waste Director; and Solid Waste Recycling Manager; and Law enforcement positions including Deputies, Corrections/Bailiff Officers, Communications Officers/E-911 Dispatchers, Sergeants, Lieutenants, Chief Deputy, Corrections Sergeants, Jail Administrator, Assistant Jail Administrator, Transport Officers, Evidence Technician and Water Patrol Officers; (For purposes of this policy, law enforcement related civilian volunteer positions such as the Sheriff Posse, Dive Team, etc., are not considered safety-sensitive and are not subject to random testing.); and Other positions including the Safety/Risk Specialist; Emergency Manager; Public Health Nurses; Probation Agents; Surveillance Officer (Probation); Social Workers; Case Aides in the Child and Family Services Unit; Facilities Maintenance II; Recycling Worker; Recycling Redemption Operator; Solid Waste Attendant; Recycling Operator; Certified Solid Waste Attendant; and Lead Recycling Worker. For purposes of this policy, civilian volunteer > > > -- I 4 positions (Sheriff Posse, Dive Team, etc.) are not considered safety-sensitive and are not subject to random testing. Treatment Program Testing: The county may request or require an employee to undergo cannabis testing and drug and alcohol testing if the employee has been referred by the employer to a substance use disorder treatment or evaluation or is participating in a substance use disorder treatment program under benefits. The employee may be requested or required to undergo cannabis testing and drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two (2) years following completion of any prescribed substance use disorder treatment program. 620.03 NON-DISCRIMINATION This policy on work-related alcohol, drug, and cannabis product use is non-discriminatory in intent and application. However, in accordance with Minnesota Statutes, Chapter 363, disability does not include any condition resulting from alcohol, cannabis product, or other drug abuse which prevents a person from performing essential functions of the job or creates a direct threat to property or the safety of any person. An employer may not refuse to hire a job applicant or discipline or discharge an employee because the applicant or employee engages in or has engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment takes place off the premises of the employer during nonworking hours. Cannabis flower and cannabis products are lawful consumable products for the purpose of Minnesota law, regardless of whether federal or other state law considers cannabis use, possession, impairment, sale, or transfer to be unlawful. Nothing in this section shall be construed to limit an employer's ability to discipline or discharge an employee for cannabis flower or cannabis product use, possession, impairment, sale, or transfer during working hours, on work premises, or while operating an employer's vehicle, machinery, or equipment, or if a failure to do so would violate federal or state law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations. An employer must not request or require a job applicant to undergo cannabis testing solely for the purpose of determining the presence or absence of cannabis as a condition of employment unless otherwise required by state or federal law. 620.04 PROHIBITED ACTIVITIES No employee shall report to work or be on call under the influence of alcohol, cannabis product, controlled substances, or other drugs which negatively affect the employee's alertness, coordination, reaction, response, judgment, decision-making or safety. A safety sensitive identified employee testing positive for the presence of drugs, alcohol, drug or alcohol metabolites, or cannabis or cannabis metabolites shall be in violation of this policy and subject to discipline. Unless otherwise prohibited by law or department policy, a lawful medical exemption provided by the medical review officer (MRO) will excuse the positive test. The county reserves the right to adjust work activities to minimize potential risk to the public or employees if an employee has a positive test. Additionally, positive test under cannabis testing exceptions will not be considered a lawful medical exemption. Any employee subject to FMCSA (CDL) standards who is tested under the reasonable suspicion provisions, testing positive for the presence of drugs, alcohol, drug or alcohol metabolites, or cannabis or cannabis metabolites shall be in violation of this policy and subject to discipline. - > > > 5 DOT Safety-Sensitive Function Employees - No employee may perform safety-sensitive functions within four (4) hours after using alcohol. If an employee has had alcohol within four hours, they are to notify their supervisors before performing any safety-sensitive functions. No employee shall operate, use, or drive equipment, machinery or vehicles on the job while under the influence of alcohol, cannabis product, controlled substances, or other mood-altering drugs, including any medication taken as prescribed. Such employee is under an affirmative duty to immediately notify the employee's supervisor if the employee is not in appropriate mental or physical condition to operate, use or drive equipment on the job. During work hours, while on/in the County's premises or County vehicles, being compensated by the County such as being at a conference or training or wherever the County's work is being performed, no employee shall be under the influence of, manufacture, distribute, dispense, possess, sell, or use any cannabis product or controlled substance-except as medically prescribed and directed, with the following exceptions: a) When the prohibited act is performed by a Sheriff's Department employee in accordance with department policy. b) When an employee is taking medically authorized drugs or other substances which may negatively affect job performance, as defined in the definitions above, the employee is under an affirmative duty to notify the appropriate supervisor of the employee's temporary inability or impairment in the ability to perform the job duties. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. During an employee's work hours, while on the County's premises, or being compensated by the County, no employee shall use, possess, or transfer alcoholic beverages, with the following exceptions: a) Consumption, possession, sale, or purchase of alcohol when authorized under department policy or by the department head. b) Possession of alcohol while in an employee's personal vehicle on the County's premises in compliance with applicable statutory requirements or at an employee’s home or place of remote work. c) Additionally, employees shall not participate in these activities during rest breaks or during overtime work. Engaging in off-duty sale, purchase, transfer, use or possession of drugs or controlled substances may have a negative effect on an employee's ability to perform the job. In such circumstances, the employee may be subject to discipline in employment in addition to any other criminal or other sanctions. Employees are advised that in any situation subsequent to the intake of alcohol where the employee must continue conducting the County's business, any employee whose condition or behavior adversely affects the employee's performance shall be subject to possible discipline, up to and including discharge or the requirement of satisfactory participation in an alcohol assessment or rehabilitation program. > > > ■ > > > 6 Medical Marijuana/Cannabis: a) CDL-DOT Employees: Employees that require a CDL for their position are regulated by federal law and regulation and are supervised by the Federal Department of Transportation. Federal law pre-empts state law related to cannabis. The USDOT enforces drug and drug- testing standards against all CDL holders, regardless of state law protections including cannabis. b) Non-DOT Employees: In accordance with Minn. Stat. §152.32, unless a failure to do so would violate state or federal law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations, an employee cannot be discriminated against for a person’s status as a patient enrolled in the medical cannabis registry program, or for a patient’s positive drug test for cannabis components or metabolites, unless a patient used, possessed or was impaired by medical cannabis on the premises of the place of employment or during the hours of employment. An employee who is required to undergo employer drug testing may present verification of enrollment in the patient registry as part of the employee’s explanation. State law does not permit an employee to possess, use or be impaired by medical cannabis while at work. This does not apply to reasonable suspicion testing. c) Law Enforcement: In addition to this countywide Alcohol and Drug Free Workplace Policy, all law enforcement positions are subject to the Otter Tail County Sheriff’s Office Policy 1004, which prohibits possession or use of cannabis products or being under the influence of cannabis on- or off-duty. Any employee convicted of any criminal drug statute must notify his or her supervisor (and the County’s Human Resources Dept.) in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a controlled substance-related conviction, the County will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a controlled substance abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. In accordance with the Federal Drug-Free Workplace Act of 1988, if the County is receiving federal grants or contracts of over $25,000, the County will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. Applicants and Employees in CDL-DOT safety sensitive function positions subject to Federal Motor Carrier Safety Administration rules must consent to queries within the Clearinghouse for drug and alcohol program violations prior to employment and on an annual basis. Queries may be limited or full. Refusal to consent to either query will impact employment status. 620.05 EMPLOYEE TRAINING By this policy, Otter Tail County has established an alcohol and drug-free workplace program to inform employees about the dangers of alcohol and drug abuse in the workplace and its policy of maintaining a workplace free of alcohol and drug use. Each Otter Tail County employee shall receive a copy of this policy or access to it and will be expected to read it. The department head or Administrator’s Office will provide, upon request, information regarding any available drug counseling, rehabilitation, and assistance programs that an employee may enter through his > > > 7 or her health insurance program. Employees who may have an alcohol or other drug abuse problem are encouraged to seek a professional assessment before the problem affects the employment status. The Administrator’s Office will also maintain information regarding the dangers of drug or alcohol use in the workplace. 620.06 CONSEQUENCE OF VIOLATIONS Violations of this policy may constitute discipline, up to and including discharge, or the requirement of assessment and satisfactory participation in a drug abuse assistance or rehabilitation program at the expense of the employee. Each situation will be evaluated on a case-by-case basis depending upon the severity and circumstances involved. DRUG, CANNABIS, AND ALCOHOL TESTING All alcohol or drug testing undertaken by Otter Tail County shall be in accordance with Minn. Stat. §181.950- 957, the Minnesota Drug and Alcohol Testing in the Workplace Act. All testing shall be conducted by a testing laboratory which meets the licensing, accreditation or certification criteria for drug testing as set forth in Minnesota Statutes Section 181.953, subdivision 1. 620.10 PRE-EMPLOYMENT TESTING REQUIREMENT Job Applicant Testing: A job applicant may be required to undergo drug, and alcohol, and cannabis testing provided a conditional job offer has been made to the applicant and the same test is required of all job applicants conditionally offered employment in that position. The FMCSA requires that the pre-employment drug test be conducted within 30 days of the hire date. Returning temporary or seasonal employees that are identified as safety-sensitive may be tested prior to re-hire. 620.11 REASONABLE SUSPICION TESTING An employee may be required to undergo cannabis testing and drug and alcohol testing as set forth under Minn. Stat. §181.951, subd. 5, if the employer has a reasonable suspicion that the employee: is under the influence of drugs, cannabis, or alcohol; or as the result of consuming cannabis flower or a cannabis product, does not possess that clearness of intellect and control of self that the employee otherwise would have; or has violated the employer's written work rules prohibiting the use, possession, impairment, sale, or transfer of drugs or alcohol, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products while the employee is working or while the employee is on the employer's premises or operating the employer's vehicle, machinery, or equipment, if the work rules are in writing and contained in the employer's written cannabis testing or drug and alcohol testing policy; or has sustained a personal injury, as that term is defined in Minn. Stat. §176.011, subd. 16, or has caused another employee to sustain a personal injury; or has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Any employee being tested for reasonable suspicion shall be accompanied by a supervisor or person designated by Administration. The employee will be accompanied to the nearest test collection location for this purpose. This may include on-site collection. The supervisor or person designated shall assist in returning the employee to work or home after testing is completed. An employee refusing to take a drug and alcohol test under this policy shall not be permitted to perform safety sensitive functions and will be considered insubordinate and will be subject to disciplinary action including possible dismissal. > > > > - • • • 8 620.12 TREATMENT PROGRAM TESTING An employee may be required to undergo drug, alcohol, or cannabis testing if the employee has been referred by the employer for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be required to undergo drug, alcohol, or cannabis testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. 620.13 RANDOM TESTING Employees in positions defined as “Safety-Sensitive Functions or Positions” will be required to undergo random testing. Appendix A sets forth procedure for Non-DOT employees, Sheriff’s Department employees. Appendix B sets forth procedure for employees required to have a CDL as a condition of their employment. Employees of Otter Tail County filling non-DOT safety-sensitive positions as defined above will be subject to cannabis testing, and drug and alcohol testing on an unannounced and random basis. Drug testing will follow federal DOT 5 panel drug tests. Alcohol testing will follow Federal Highway Administration test rules. A percentage equal to fifteen (15) percent of safety-sensitive employees will be tested annually. Each County employee who works in an identified non-DOT safety-sensitive position shall be in a separate pool from which random selection is made on half-year basis. Each employee in the pool shall have an equal chance of selection and shall remain in the pool, even after the employee has been selected. The pool is operated by Lakes Country Service Cooperative. Commercial CDL operators and Federal DOT identified employees meeting the required testing criteria and subject to this policy will be placed in a common selection pool. Names will be randomly selected from this selection pool for unannounced alcohol and drug testing using a computer based random number generator that is matched with an employee’s identifying number. This pool is operated by Lakes Country Service Cooperative. The Federal Highway Administration rules require Otter Tail County to conduct random drug testing on fifty percent (50%) of the average number of employees and random alcohol testing on ten (10%) percent of the average number of employees in the selection pool per year. Tests are conducted during each quarter throughout the year. Alcohol testing will be performed just before, during, or after an employee’s performance of safety-sensitive duties and within two hours of notification. Therefore, employees selected for testing must proceed immediately to the testing site when notified in accordance with the procedures for supervisor notification and work continuation policies established by the department head or program manager for this purpose. The selection of commercial CDL operators and Federal DOT identified employees for random alcohol and controlled substances testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with drivers' Social Security numbers, employee identification numbers, or other comparable identifying numbers. Each employee selected for random alcohol and controlled substances testing under the selection process used, shall have an equal chance of being tested each time selections are made. 620.14 CANNABIS TESTING EXCEPTIONS Cannabis and its metabolites are considered a drug and subject to the drug and alcohol testing provisions as set forth in Minn. Stat. §§181.950 to 181.957 and of this policy for the following positions: 1. Safety-Sensitive positions; 2. Peace Officer position; • 9 3. A position requiring face-to-face care, training, education, supervision, counseling, consultation, or medical assistance to children and vulnerable adults; 4. A position requiring a CDL; 5. A position of employment funded by a federal grant 620.15 COMMERCIAL CDL OPERATOR POST-ACCIDENT TESTING A post-accident alcohol and drug test is required and will be administered if an employee who is operating an Otter Tail County commercial motor vehicle is involved in an accident that results in: a. The death of a person or persons regardless of the amount of vehicle property damage; or b. The employee receives a moving traffic violation arising from the accident. The employee must provide an alcohol test sample as soon as possible after the accident, with any delay beyond two hours documented. After eight hours, attempts to conduct an alcohol test, if not earlier administered, will cease and reasons documented. Test results (negative or positive) and documentation will be forwarded to the Safety/Risk Specialist to be placed in the individual’s confidential file. Additionally, employees must provide a urine sample for controlled substances testing as soon as practicable after an accident. After 32 hours, all attempts to conduct the test shall cease and the reasons documented. An employee subject to post-accident drug and alcohol testing must remain available for testing or the employee will be considered to have refused to submit to testing. Employees are prohibited from using alcohol for eight hours (8) following an accident or until they have undergone a post-accident alcohol test, whichever comes first. In the event that an accident occurs and does not meet the above criteria, an employee may still be compelled to provide a test if a reasonable suspicion provision exists. 620.16 RETURN TO DUTY TESTING-FMCSA/DOT An employee found to have violated this policy will not be allowed to return to work until return-to duty tests have been taken that indicate an alcohol concentration of less than 0.02 and a verified negative result for controlled substances. The County reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policy and collective bargaining agreements. Except as otherwise required by law, the County is not obligated to reinstate or requalify such drivers for a first positive test result. Should the County consider reinstatement of a DOT covered driver, the driver must undergo a Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety-sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. The employee is responsible for paying for all costs associated with the return-to-duty test. The controlled substance test will be conducted under direct observation. 10 620.17 FOLLOW UP TESTING Following a determination by a substance abuse professional (SAP) that an employee is in need of assistance in resolving problems with alcohol and/or drug, or controlled substances use/abuse, the employee will be subject to six or more unannounced follow-up alcohol and/or drug tests as directed by the substance abuse professional. Follow-up testing will not exceed 24-months from the date of the employee’s return to duty as set forth under Minn. Stat. §181.951, Subd. 6. 620.18 RIGHTS OF EMPLOYEES AND JOB APPLICANTS Before requesting an employee or job applicant to undergo testing under this policy, the employee or applicant shall be provided with a form (Appendix C) which includes acknowledgment that the employee or applicant has seen this policy. If an employee or job applicant tests positive for drug use, the employee must be given written notice of the right to explain the positive test and the employer may request that the employee or job applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result. This provision may also be satisfied by contact from the Medical Review Officer (MRO). Within three working days after notice of a positive test result on a confirmatory test, the employee or job applicant may submit information to the employer, in addition to any information already submitted as stated above to explain that result or may request a confirmatory retest of the original sample at the employee's or job applicant's own expense. All applicants, drivers and employees have the right to refuse to undergo drug and alcohol and cannabis testing. In the event an applicant, driver or employee does in fact refuse to submit to required or lawful requested drug and alcohol and cannabis testing, no test will be conducted. An applicant who refuses to take a drug and alcohol and cannabis test shall be disqualified from further consideration for the conditionally offered position. Refusal by a CDL driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to an including termination. In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements, beginning January 6, 2020, the County will report a driver’s refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three business days. If an applicant refuses to submit to pre-employment drug and alcohol and cannabis testing, any applicable conditional offer will be withdrawn. Refusal by any other employee to submit to drug and alcohol and cannabis testing in accordance with this policy will be considered a positive test result and will be just cause for disciplinary action. For purposes of this section, an applicant, driver or employee is considered to have refused to submit to an alcohol or controlled substance test when the driver: Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing. Fails to report for testing within a reasonable period of time, as determined by the County. Fails to remain at a testing site until testing is complete. In the case of directly observed or monitored collection, fails to permit observation or monitoring. > > > > > ----- - 11 Fails or declines to take a second test as required by the County and/or collector. Fails to undergo a medical examination as directed by the County pursuant to federal law. Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process. Engages in conduct that clearly obstructs the test process. An employee refusing to take a drug and alcohol test under this policy shall not be permitted to perform safety sensitive functions and will be considered insubordinate and will be subject to disciplinary action including possible dismissal. An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol testing of a blood sample will not be considered to have refused testing, unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. 620.19 LIMITATIONS ON EMPLOYEE DISCHARGE, DISCIPLINE, OR DISCRIMINATION An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. An employer may not discharge an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test, or cannabis test requested by the employer unless the following conditions have been met: 1. The employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or, alcohol, or cannabis counseling or rehabilitation program, whichever is more appropriate, as determined by the employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of substance use disorder; and 2. The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program. An employer may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the employer believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of medical history information revealed to the employer pursuant to drug or alcohol or cannabis testing unless the employee was under an affirmative duty to provide the information before, upon, or after hire. An employee must be given access to information in the employee's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process or cannabis testing process and conclusions drawn from and actions taken based on the reports or other acquired information. > > > > 12 An employer may discipline, discharge, or take other adverse personnel action against an employee for cannabis flower or cannabis product use, possession, impairment, sale, or transfer while an employee is working, on the employer's premises, or operating the employer's vehicle, machinery, or equipment as follows: If, as the result of consuming cannabis flower or a cannabis product, the employee does not possess that clearness of intellect and control of self that the employee otherwise would have; If cannabis testing that the employer requested pursuant to MN statute 181.951 subd 8, paragraph (d) and (e), verifies the presence of cannabis following a confirmatory test; As provided in the employer's written work rules for cannabis and cannabis testing, provided that the rules are in writing and in a written policy that contains the minimum information required by section 181.952; or As otherwise authorized under state or federal law. If a job applicant has received a job offer made contingent on the applicant passing drug and alcohol testing, the employer may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test. 620.19 NOTICE OF TEST RESULTS Within three working days after receipt of a test result report from the testing laboratory, an employer shall inform in writing (APPENDIX D) an employee or job applicant who has undergone cannabis and drug and alcohol testing of (1) a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test and (2) the right to request and receive from the employer a copy of the test result report on any drug and alcohol and cannabis test. In the case of a positive test result on a confirmatory test, the employer shall also, at the time of this notice, inform the employee or job applicant in writing of the rights provided under “RIGHTS OF EMPLOYEE AND JOB APPLICANTS” section. 620.20 LABORATORY TESTING AND REPORTING A testing laboratory shall conduct a confirmatory test on all samples that produced a positive test result on an initial screening test. A laboratory shall disclose to the employer a written test result report for each sample tested within three working days after a negative test result on an initial screening test or, when the initial screening test produced a positive test result, within three working days after a confirmatory test. A test report must indicate the drugs, alcohol, or cannabis or drug, alcohol, or cannabis metabolites tested for and whether the test produced negative or positive test results. If the confirmatory test does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee or applicant. 620.21 CONFIRMATORY RETESTS All applicants and employees subject to this policy may request a confirmatory retest of the original sample at the employee’s or applicant’s own expense after notice of a positive test result. Any confirmatory retest must be requested in writing by the employee or applicant within five (5) working days after the employee or applicant received notice of the positive test result. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee or applicant. If a job applicant has received a job offer made contingent on the applicant passing drug and alcohol testing, the employer may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test. > > > > 13 The employee and job applicant protections provided under sections 181.950 to 181.956 do not apply to employees and job applicants where the specific work performed requires those employees and job applicants to be subject to drug and alcohol testing pursuant to: 1. federal regulations that specifically preempt state regulation of drug and alcohol testing with respect to those employees and job applicants; 2. federal regulations or requirements necessary to operate federally regulated facilities; 3. federal contracts where the drug and alcohol testing is conducted for security, safety, or protection of sensitive or proprietary data; or 4. state agency rules that adopt federal regulations applicable to the interstate component of a federally regulated industry, and the adoption of those rules is for the purpose of conforming the non-federally regulated intrastate component of the industry to identical regulation. 620.22 CONFIDENTIALITY OF TEST RESULTS All alcohol/drug/cannabis test results and required records are considered private data and shall be protected as such as required by the Minnesota Data Practices Act. Positive test results from an employer drug, alcohol testing and cannabis testing program may not be used as evidence in a criminal action against the employee or job applicant tested. 620.23 COST OF REQUIRED TESTING The County will pay for the cost of pre-employment, post-accident, random, and reasonable substance and alcohol testing requested or required of all job applicants and employees. The employee must pay for the cost of all requested confirmatory re-tests, return-to-duty, and follow-up testing. 620.24 CONTACT PERSON Otter Tail County has designated the Safety/Risk Specialist or designee as the person responsible to coordinate the implementation, direction and administration of the County's alcohol and controlled substance policy. 620.25 ADOPTION This Drug and Alcohol Use policy was adopted by motion of the Otter Tail County Board of Commissioners at their regular meeting of January 25, 2022, and is effective that date. Otter Tail County retains the right to modify this policy at any time which can be accomplished by the County Administrator to address minor provisions such as test collecting or by motion of the Board of Commissioners. Personnel Rules Approved by Board of Commissioners on February 6, 2001 Updated and Approved by the Board of Commissioners on December 12, 2023. Updated 06/27/2024 • 14 APPENDIX A PROCEDURE FOR RANDOM TESTING – SAFETY SENSITIVE POSITIONS Employees covered under this policy are assigned an identification number by Lakes Country Service Cooperative (LCSC). LCSC operates the random pool from which included employees are chosen. On a random date during the first and second half of the calendar year, LCSC generates a random list of employees that equates to twelve (12%) percent of those in the pool. Six (6%) percent during the first half year, six (6%) percent during the second half year. Of the 12% tested for drugs, 3% will also be tested for alcohol. A list of alternate test employees is also generated in the event of need. The random list is sent to the Safety/Risk Specialist. The Safety/Risk Specialist notifies the affected employee’s supervisor or Sergeant (Sheriff’s Office). If a Sergeant is selected, their Lieutenant is notified. If a Lieutenant is selected, the Chief Deputy is notified. If the Chief Deputy is selected, the Sheriff is notified. If the Sheriff opts into the policy and is selected, the County Administrator is notified. The Safety/Risk Specialist may contact supervisors for assistance with scheduling a date/time for collection at an identified location. The Safety/Risk Specialist may also contact the employee directly to provide him or her about the date/time of collection for a random test. This appointment will be provided to the employee’s supervisor or employee along with a form to supply to the employee indicating the date/time of appointment, location, and type of test (clinic). Prior to requesting an employee to undergo drug or alcohol testing, the employee shall have signed a form (Appendix C) acknowledging they have seen the employer’s drug and alcohol testing policy. Employees selected for random tests must not be notified more than 24 hours in advance of their scheduled test. If an employee is confirmed to be working, no prior notification is necessary, they can be called from their duty station as soon as feasible. Employees drawn but not working (day off, vacation, leave, etc.) will be notified immediately upon returning to work of the required test. If an employee is on extended leave (medical, military, etc.) and cannot be expected to test before the next random drug test date, the first alternate employee on the list will be selected to test. This procedure continues until the testing is complete. Employees that have to drive to an on-site testing location should be notified in a timely manner so they may be on time for the appointment. Employees shall not leave the test collection location until a test is provided. Test collection may occur at the following locations: Alvstad & Associates (on-site collector) Lake Region Healthcare (8 am-4 pm depending on day-by appt, drug and alcohol) Lab Department 111 W. Vernon Ave Fergus Falls 218-739-6860 > > > > > > > 15 Perham Health/Sanford (8 am-3 pm, by appt, drug only) 1000 Coney St W Perham 218-347-1360 Tri-County Health Care (9 am-noon, 1 pm-3:30 pm, by appt) need kit, chain of custody form, mail label, Fed-Ex bag 4 Deerwood Ave NW Wadena 218-631-5224 Drug Testing Solutions (availability after 8 pm and mobile, drug and alcohol) 330 West Main Street #B Perham, MN 56573 218-346-3320 Controlled substances testing is conducted by analyzing an employee’s urine specimen. Employees selected for testing will provide a urine sample at a designated collection site. Urine samples will be split in accordance with Federal Highway Administration regulations as follows: The collection site person will pour the urine specimen into two bottles used for “Primary” and” Split”, seal both specimens, complete a chain of custody document, and prepare the bottles for shipment to the contracted testing laboratory for analysis. If the employee is unable to provide the appropriate quantity of urine, the collection site person will instruct the employee to drink not more than 40 ounces of fluids and, after a period of no more than three hours, again attempt to provide a complete sample. If the employee is still unable to provide a complete sample, the testing site person will cease attempts and notify the contracted Medical Review Officer (MRO) who will refer the employee for a medical evaluation to determine if the employee’s inability to provide a specimen is genuine or constitutes a refusal to test. In such instances where a job applicant is unable to provide the appropriate quantity of urine during pre-employment testing, Otter Tail County reserves the right not to refer a job applicant for a follow-up medical evaluation and to revoke the employment offer. Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports negative results to the Otter Tail County Safety/Risk Specialist or designee. The negative report is filed in the individual’s confidential file and no further action is necessary. If the test result is confirmed positive, the MRO will first contact the employee directly, on a confidential basis, to determine whether the person wishes to discuss the positive result. The MRO will review any medical records supplied by the employee to determine if a confirmed positive test is the results to the employee having taken legally prescribed medication. When an employee challenges the laboratory test and positive result, the MRO will notify the employee that he/she has 72 hours in which to request a test of the split specimen. Tests of the split specimen are at the employee’s expense unless the employee is on an authorized absence, at which time Otter Tail County will assume responsibility for the split testing on behalf of the employee and at no expense to the employee. The MRO will report a positive test result to the Otter Tail County Safety/Risk Specialist or designee only after determining and documenting that there is no legitimate medical reason for a positive test result as received from the testing laboratory. If the MRO is unable to contact the individual directly after making reasonable, documented efforts, he will contact the Otter Tail County Safety/Risk Specialist or designee who will direct the employee to contact the > > > 16 MRO. The Safety/Risk Specialist or designee will inform the MRO about vacationing individuals or individuals absent from work because of other special circumstances and who are therefore unable to undergo testing at the time selected or who otherwise are unable to contact the MRO in a timely manner. If the Safety/Risk Specialist or designee is unable to contact a person who otherwise should be available for testing or contacting a person who otherwise should be available for testing or contacting the MRO, the department head/supervisor will be notified and the employee placed on suspension until the employee undergoes testing or contacts the MRO, as the case may be. The MRO may verify a positive test without having communicated directly with the employee about the test result under the following circumstances: The employee expressly declines the opportunity to discuss the test results; The employee has not contacted the MRO within five days of being instructed to do so by the Safety/Risk Specialist or designee. The Federal Highway Administration rules are followed and require breath testing be administered by a breath alcohol technician (BAT) using an evidentiary breath test (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol concentration or less is considered a negative test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If an employee attempts and fails to provide an adequate amount of breath, the Safety/Risk Specialist or designee will direct the employee to obtain written evaluation form a licensed physician to determine if the employee’s inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the Safety/Risk Specialist or designee. Reference: Procedures for Transportation Workplace Drug and Alcohol Testing Programs | US Department of Transportation > > 17 APPENDIX B PROCEDURE FOR RANDOM TESTING – COMMERCIAL DRIVERS LICENSE (DOT) Employees covered under this policy are assigned an identification number by Lakes Country Service Cooperative (LCSC). LCSC operates the random pool from which included employees are chosen from. At the beginning of each calendar quarter, a random list of selected participants is generated. A random list of alternates is also generated in the event of need. The number of employees selected throughout the year will equate to the federally mandated fifty (50%) percent of the average number of employees for controlled substance testing and ten (10%) percent for alcohol testing. This number is subject to change based on the Federal Motor Carrier Safety Administration (FMCSA) Administrator’s decision. The random list is sent to the Safety/Risk Specialist. The Safety/Risk Specialist notifies the affected employee’s supervisor and provides an electronic form via email that the supervisor will complete with the location of the scheduled appointment, name of employee, and date/time of scheduled test. The form will be printed for the employee to reference. The notified supervisor is responsible for scheduling the test collection with the collection site. If an employee is confirmed to be working, no prior notification is necessary, they can be called from their duty station. Employees drawn but not working (day off, vacation, leave, etc.) will be notified immediately upon returning to work of the required test. If an employee is on extended leave (medical, military, etc.) and cannot be expected to test before the next random drug test date, the first alternate employee on the list will be selected to test. This procedure continues until the testing is complete. Employees that must to drive to an on-site testing location should be notified in a timely manner so they may be on time for the appointment. Controlled substances testing is conducted by analyzing an employee’s urine specimen. Employees selected for testing will provide a urine sample at a designated collection site. Urine samples will be split in accordance with Federal Highway Administration regulations as follows: The collection site person will pour the urine specimen into two bottles used for “Primary” and ”Split”, seal both specimens, complete a chain of custody document, and prepare the bottles for shipment to the contracted testing laboratory for analysis. If the employee is unable to provide the appropriate quantity of urine, the collection site person will instruct the employee to drink not more than 40 ounces of fluids and, after a period of no more than three hours, again attempt to provide a complete sample. If the employee is still unable to provide a complete sample, the testing site person will cease attempts and notify the contracted Medical Review Officer (MRO) who will refer the employee for a medical evaluation to determine if the employee’s inability to provide a specimen is genuine or constitutes a refusal to test. In such instances where a job applicant is unable to provide the appropriate quantity of urine during pre-employment testing, Otter Tail County reserves the right not to refer a job applicant for a follow-up medical evaluation and to revoke the employment offer. Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports negative results to the Otter Tail County Safety/Risk Specialist or designee. The negative report is filed in the individual’s confidential file and no further action is necessary. If the test result is confirmed positive, the MRO will first contact the employee directly, on a confidential basis, to determine whether the person wishes to discuss the positive result. The MRO will review any medical records supplied by the employee to determine if a confirmed positive test is the results to the employee having taken legally prescribed > > > > 18 medication. When an employee challenges the laboratory test and positive result, the MRO will notify the employee that he/she has 72 hours in which to request a test of the split specimen. Tests of the split specimen are at the employee’s expense unless the employee is on an authorized absence, at which time Otter Tail County will assume responsibility for the split testing on behalf of the employee and at no expense to the employee. The MRO will report a positive test result to the Otter Tail County Safety/Risk Specialist or designee only after determining and documenting that there is no legitimate medical reason for a positive test result as received from the testing laboratory. If the MRO is unable to contact the individual directly after making reasonable, documented efforts, he/she will contact the Otter Tail County Safety/Risk Specialist or designee who will direct the employee to contact the MRO. The Safety/Risk Specialist or designee will inform the MRO about vacationing individuals or individuals absent from work because of other special circumstances and who are therefore unable to undergo testing at the time selected or who otherwise are unable to contact the MRO in a timely manner. If the Safety/Risk Specialist or designee is unable to contact a person who otherwise should be available for testing or contacting the MRO, the department head/supervisor will be notified and the employee placed on suspension until the employee undergoes testing or contacts the MRO, as the case may be. The MRO may verify a positive test without having communicated directly with the employee about the test result under the following circumstances: The employee expressly declines the opportunity to discuss the test results; The employee has not contacted the MRO within five days of being instructed to do so by the Safety/Risk Specialist or designee. Federal Highway Administration alcohol test rules require breath testing be administered by a breath alcohol technician (BAT) using an evidentiary breath test (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol concentration or less is considered a negative test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If an employee attempts and fails to provide an adequate amount of breath, the Safety/Risk Specialist or designee will direct the employee to obtain written evaluation form a licensed physician to determine if the employee’s inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the Safety/Risk Specialist or designee. Reference: Procedures for Transportation Workplace Drug and Alcohol Testing Programs | US Department of Transportation > > 19 20 APPENDIX C POLICY ACKNOWLEDGMENT I, , acknowledge receiving and reviewing the Alcohol and Drug Free Workplace Policy & Procedures. Signature_______________________________________ Date________________ 21 APPENDIX D NOTICE OF TEST RESULTS To: From: Date: Subject: Notice of test results and notification of rights As an employee or job applicant of Otter Tail County you have been required to undergo alcohol and/or drug testing in conformance with the Otter Tail County alcohol and drug free workplace policy. Test results Initial test results were (negative) (positive) Confirmatory test results were (negative) (positive) (na if initial test is negative) Notification of rights 1) You have the right to request and receive a copy of the test result report. 2) You may request a confirmatory retest of the original sample at your own expense after notice of a positive test result on a confirmatory test. To do so, you must notify ________________ in writing within five working days after receipt of this notice of your intention to obtain a confirmatory retest and must submit with that request $__________to cover the cost. Within three working days after receipt of your written request and payment, the testing laboratory will be notified to conduct the confirmatory retest or to transfer the sample to another licensed laboratory to conduct the retest which must use the same drug and alcohol threshold detection levels as used in the original confirmatory test. If the retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against you as an employee or applicant. 3) You may not be discharged, disciplined, discriminated against or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. 4) An employee who has a positive test result may not be discharged if this is the first such result for the employee on a test requested by Otter Tail County unless the following conditions are met: a) You have first been given an opportunity to participate in, at your own expense or pursuant to coverage under your employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by your employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency; and 22 b) You have either refused to participate in the counseling or rehabilitation program or have failed to successfully complete it, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program. 5) Notwithstanding item 4 above, you may be temporarily suspended, or transferred to another position at the same rate of pay, pending the outcome of the confirmatory test, and if requested, the confirmatory retest, if the employer believes it is reasonably necessary to protect the health or safety of you, other employees, or other persons. If you are suspended without pay you will be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. Mutual Aid Agreement 1 Minnesota Homeland Security & Emergency Management Clay County and Otter Tail County Purpose This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. Enabling Authority Minnesota Statutes Section 471.59 authorizes two or more governmental units to jointly exercise any power common to the contracting parties. Minnesota Statutes Section 12.27 authorizes the director of each county emergency management organization to collaborate with other public agencies within the state to develop mutual aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan for each Party, if required. Definitions 1. “Party” means a political subdivision. (Clay County and Otter Tail County, Minnesota). 2. “Requesting Official” means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. “Requesting Party” means a party that requests assistance from other parties. 4. “Responding Official” means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. 5. “Responding Party” means a party that provides assistance to a Requesting Party. 6. “Assistance” means: a. Public Works personnel and equipment b. Fire, Rescue, Emergency Management, Emergency Medical Services personnel and equipment c. Law Enforcement personnel and equipment d. Public Health personnel and equipment e. Utility personnel and equipment f. Other Personnel and equipment Mutual Aid Agreement 2 7. “Personnel” mean employees or specialized trained individuals assigned to specialized teams of jurisdiction. 8. “Volunteers” mean individuals, which are requested by and registered with the requesting jurisdiction. 9. “Service Agreement” means additional guidelines developed by a responding agency if the response will require specialized teams or equipment, including terms which must be agreed upon before specialized teams or equipment are provided. Procedure 1. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from other parties, the Requesting Official may call upon the Responding Official of any other Party to furnish Assistance. A Service Agreement may be required for the provision of certain Assistance. The Requesting Official should contact the Responding Official for an activation and cost schedule. 2. Response to request. Upon the request for Assistance from a Requesting Party, the Responding Official may authorize and direct his/her party’s Personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party, the availability of resources and such other information as the Responding Official deems appropriate. 3. Recall of Assistance. The Responding Official may at any time recall such Assistance when in his or her best judgment or by an order from the governing body of the Responding Party it is considered to be in the best interests of the Responding Party to do so. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. However, the assets (defined in service agreement, if needed) of the Responding Party, including personnel and equipment, shall remain under the direct operational control of the Responding Official or his or her designee. The operational control authority of the Responding Party shall include tactical direction and control necessary to render the Assistance requested. Overall scene command shall be retained by the Requesting Party until the Responding Official withdraws assistance. 5. Volunteer Registration. Volunteers will be registered by the requesting jurisdiction, and the requesting jurisdiction shall provide documentation identifying the names of Volunteers and verifying their registration Mutual Aid Agreement 3 Workers’ Compensation Each Party shall be responsible for injuries or death of its own Personnel. Each Party will maintain workers’ compensation insurance or self-insurance coverage, covering its own Personnel while they are providing Assistance pursuant to this agreement. . Damage to Equipment Each Party, to the extent a party is at fault, shall be responsible for damages to or loss of its own equipment while acting within the scope of this agreement. Liability 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes Chapter 466), the employees and officers of the Responding Party are deemed to be Employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or Volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. The intent of this section is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No Party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling Assistance, both as described in this agreement. Mutual Aid Agreement 4 Charges to the Requesting Party Subd. 1 No charges will be levied by a Responding Party to this agreement (other than those spelled out in a separate Service Agreement) for Assistance rendered to a Requesting Party under the terms of this agreement unless that Assistance continues for a period of more than 12 hours. If Assistance provided under this agreement continues for more than 12 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses. The Requesting Party shall reimburse the Responding Party for the actual cost of Assistance provided within 45 days of receiving the itemized bill. Subd. 2 Such charges are not contingent upon the availability of federal or state government funds. Duration Either Party may withdraw from this agreement upon thirty (30) days written notice to the other Party or Parties to the agreement, with or without cause. Execution Each Party has, after due consideration and upon action of their respective governing bodies, agreed to and executed this Minnesota Homeland Security Emergency Management Mutual Aid Agreement on the date indicated. This agreement shall be executed in identical coparts, with copies provided to all Parties. Date____________________ Party____________________________________ By_______________________________________ Title______________________________________ Date____________________ Party_____________________________________ By________________________________________ Title_______________________________________ REVISIONS TO THE SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY Otter Tail County Resolution No. 2024 - __ WHEREAS,; Minnesota Statute, §394.22, Subp. 6 allows a county to adopt an official control regarding subdivision controls; AND WHEREAS, Otter Tail County has adopted and revised official controls regulating the subdivision of lands since 1969; AND WHEREAS the purpose of the proposed revisions to the Subdivision Controls Ordinance are to require review and approval of any subdivision of land that is less than 5 acres, to create a minor-subdivision protocol to streamline the review process of smaller plats, and to create an internal Development Review Team to provide for a more thorough review of larger subdivisions; NOW THEREFORE BE IT RESOLVED THAT, Otter Tail County by this resolution adopts the proposed revisions to the Subdivision Controls Ordinance of Otter Tail County. The motion for the adoption of the foregoing resolution was introduced by Commissioner ________________, duly seconded by Commissioner _______________ and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this ninth day of July 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: July 9, 2024 By: _____________________________________________ Attest____________________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) I, Nicole Hansen, the County Administrator, do hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by Otter Tail County at a duly authorized meeting therefore held on the ninth day of July 2024. ________________________________ Nicole Hansen, Clerk Are all lots being subdivided 5.0 acres or greater? Exempt from Ordinance Are all lots being subdivided less than 2.5 acres? Yes Metes & Bounds Subdivision Are the number of lots created five or more? Will all lots created be in contact with an existing road right-of- way? Minor Plat Major Plat No Yes No No Yes Yes No Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 1 CONTENTS SECTION 1 TITLE, PURPOSE AND INTENT ........................................................................................................ 3  Title .......................................................................................................................................................................... 3  Purpose and Intent ................................................................................................................................................... 3  SECTION 2 DEFINITIONS ..................................................................................................................................... 4  Certain Terms .......................................................................................................................................................... 4  SECTION 3 ADMIINISTRATION .......................................................................................................................... 10  Subp. 1. Statutory Authority ............................................................................................................................ 10  Subp. 2. Jurisdiction ........................................................................................................................................ 10  Subp. 3. Application of Subdivision Ordinance ................................................................................................ 10  Subp. 4. Variances .......................................................................................................................................... 11  Subp. 5. Appeals ............................................................................................................................................. 12  SECTION 4 REVIEW AND APPROVAL PROCEDURES ..................................................................................... 13  Subp. 1. General Procedures .......................................................................................................................... 13  Subp. 2. Pre-Application Meetings .................................................................................................................. 13  Subp. 3. Environmental Review Procedures ................................................................................................... 13  Subp. 4. Metes and Bounds Subdivision Procedures ..................................................................................... 14  Subp. 5. Minor Subdivision Procedures .......................................................................................................... 14  Subp. 6. Preliminary Plat Procedures for Major Subdivision ........................................................................... 15  Subp. 7. Final Plat Procedures for Minor and Major Subdivision .................................................................... 17  Subp. 8. Recording the Approved Subdivision Plat ......................................................................................... 17  Subp. 9. Vested Rights .................................................................................................................................... 18  SECTION 5 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS ........................... 19  Subp. 1. Improvements and Developer’s Agreement ...................................................................................... 19  Subp. 2. Inspection of Improvements .............................................................................................................. 20  Subp. 3. Release or Reduction of Security ...................................................................................................... 20  SECTION 6 SUBDIVISION DESIGN STANDARDS ............................................................................................. 22  Subp. 1. General. ............................................................................................................................................ 22  Subp. 2. Blocks ............................................................................................................................................... 23  Subp. 3. Lots ................................................................................................................................................... 23  Subp. 4. Sewage Disposal .............................................................................................................................. 23  Subp. 5. Water ................................................................................................................................................ 24  Subp. 6. Grading, Drainage and Stormwater Facilities.................................................................................... 24  Subp. 7. Highways, Streets and Alleys ............................................................................................................ 24  Subp. 8. Street Signs. ..................................................................................................................................... 26  Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 2 Subp. 9. Utilities .............................................................................................................................................. 26  Subp. 10. Natural Features ............................................................................................................................... 26  Subp. 11. Non-Residential Subdivisions ........................................................................................................... 26  SECTION 7 PRESENTATION REQUIREMENTS ................................................................................................ 28  Subp. 1. Scaled Site Drawing (Metes and Bounds Subdivision) ..................................................................... 28  Subp. 2. Preliminary Plat ................................................................................................................................. 28  Subp. 3. Final Plat ........................................................................................................................................... 30  SECTION 8 ENFORCEMENT, VIOLATIONS AND PENALTIES .......................................................................... 32  SECTION 9 SEVERABILITY ................................................................................................................................ 32  SECTION 10 ABROGATION AND GREATER RESTRICTIONS........................................................................ 32  SECTION 11 OWNER LIABLE ........................................................................................................................... 32  SECTION 12 SAVINGS CLAUSE ....................................................................................................................... 32  SECTION 13 REPEAL ........................................................................................................................................ 32  SECTION 14 EFFECTIVE DATE ........................................................................................................................ 32  APPENDIX I PRELIMINARY TITLE OPINION ....................................................................................................... 33  APPENDIX II MINIMUM ROAD STANDARDS ................................................................................................... 34  Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 3 SECTION 1 TITLE, PURPOSE AND INTENT Title This Ordinance shall officially be known, cited, and referred to as the Subdivision Controls Ordinance of Otter Tail County, Minnesota (hereinafter referred to as “Ordinance”) Purpose and Intent  To guide the future growth and orderly development of Otter Tail County and protect and provide for the public health, safety, and general welfare of the County.  To ensure that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or menace.  To protect and conserve the value of land throughout the County and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.  To establish reasonable standards of design and procedures for subdivisions and resubdivisions to further the orderly layout and use of land, including the proper location and width of streets, and to ensure proper legal descriptions and monumenting of subdivided land.  To ensure that proper provisions are made for drainage, water, sewage, and public improvements such as parks, recreational facilities, transportation facilities, and improvements. The community will be required to bear no more than its fair share of the cost of providing facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development.  To prevent the pollution of water resources including groundwater and to encourage the wise use and management of natural resources throughout the County to preserve the integrity, stability, and beauty of the community and the value of the land.  To provide for open spaces through the most efficient design and layout of the land. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 4 SECTION 2 DEFINITIONS Certain Terms For the purposes of this Ordinance, certain terms or words used are interpreted as follows: the words “shall” and “must” are mandatory and the words “should” and “may” are permissive. For the purposes of this ordinance, the certain words and phrases are defined as follows: Subp. 1. Adequate Public Facilities. “Adequate Public Facilities” means facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the County Board or Development Review Team based upon specific levels of service. Subp. 2. Administrative Officer. “Administrative Officer” means the Director of the Office of Land and Resource Management of Otter Tail County and assistants. Subp. 3. Alley. “Alley” means a public right-of-way, less than twenty-four (24) feet in width, which provides secondary access to the abutting lot. Subp. 4. Agent. “Agent” means any person who represents, or acts for or on behalf of, a developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat, except an attorney-at-law whose representation of another person consists solely of rendering legal services. Subp. 5. Applicant. “Applicant” means the owner of land proposed to be subdivided or an agent who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the property. Subp. 6. Arterial System. “Arterial System” means the network of roadways comprised of principle and minor arterials. A road or highway of considerable continuity designed primarily to serve as an interconnection link between sectors of the County and beyond (such as from within a city to outlying areas). Subp. 7. Backslope. “Backslope” means the portion of the roadway cross-section beginning at the outside edge of the ditch bottom, sloping upward to a point where the slope intersects the existing ground line. Subp. 8. Block. “Block” means an area of land within a major subdivision, consisting of one or more lots, which is bounded by right-of-way, another subdivision, a river or lake or combination thereof. Subp. 9. Bond. “Bond” means any form of a surety bond in an amount and form satisfactory to the County Board or Development Review Team. All bonds shall be approved by the County Board or Development Review Team whenever a bond is required by these regulations. Subp. 10. Buffer. “Buffer” means a portion of a lot or outlot intended to create or provide physical separation between incompatible land use or sensitive natural resources. Subp. 11. Buildable Area. “Buildable Area” means the area of a lot which is sufficient to accommodate the construction of water supply systems, sewage treatment systems, buildings, driveways and other customary improvement to a lot, while still providing for adequate setbacks. Buildable area shall not include land below the ordinary high-water level of a waterbody, wetlands, bluffs, non-buildable easements, minimum yard setbacks, buildable portions of land that are non-contiguous to each other, or when the County Board or Development Review Team otherwise determines that an area is unsuitable for proposed or likely improvements. Subp. 12. Building. “Building” means any fixed construction with walls or a roof. Subp. 13. Certify. “Certify” means whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the County by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification. Subp. 14. Common Ownership. “Common Ownership” means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which the same stockholder, partner, or associate, owns a majority interest in each corporation, firm, partnership, entity, or unincorporated association. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 5 Subp. 15. Complete Application. “Complete Application” means a submittal that includes: A. a completed application form; B. a scaled site drawing/survey completed by a licensed surveyor; C. the appropriate application fee; and, D. any other information determined at the pre-application meeting needed for review of the proposed subdivision. Subp. 16. Condominium. “Condominium” means a common interest community (CIC) as defined in Minn. Stat. § 515B.1-103 (11) in which: A. Portions of the real estate are designated as units; B. The remainder of the real estate is designated for common ownership solely by the owners of the units; and, C. Undivided interests in the common elements are vested in the unit owners. Subp. 17. Contiguous. “Contiguous” means the following: A. Parcels or lots are geometrically touching at any one point; B. Parcels or lots under one ownership or have been transferred as one property but that cross political subdivision boundaries remain contiguous. Subp. 18. County. “County” means Otter Tail County, Minnesota. Subp. 19. County Attorney. “County Attorney” means the elected County Attorney of Otter Tail County or an authorized representative. Subp. 20. County Board. “County Board” means the governing body of the County of Otter Tail, Minnesota, known as the Otter Tail County Board of Commissioners. Subp. 21. County Surveyor. “County Surveyor” means the county surveyor or authorized representative. Subp. 22. Cul-de-Sac Street. “Cul-de-Sac Street” means a local street with only one outlet that terminates in a circular shape vehicular turnaround and having an appropriate design standard for the safe and convenient reversal of traffic movement. Subp. 23. Design Standards. “Design Standards” means the specifications for the design of subdivisions and required improvements including items such as the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots. Subp. 24. Developer. “Developer” means the owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations. Developer also means any person who (1) having an interest in land, cause it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, or develops, or offers to sell, or develop, or advertises to sell, or develop, any interest, lot, parcel, site, unit, or subdivision, or who (3) engages directly or through an agent in the business of selling, developing, or offering for sale, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing. Subp. 25. Developer’s Agreement. “Developer’s Agreement” means a contract entered into by the applicant and the County Board or Development Review Team on behalf of the County by which the applicant promises to complete the required public and private improvements within the subdivision within a specified time period following final subdivision plat approval. Subp. 26. Development Review Team. “Development Review Team” means individuals selected by the Administrative Officer to review proposed subdivisions, and may include the County Highway Engineer, the County Attorney, the County Surveyor, the County Recorder, the County Auditor, a township representative and two members of the Planning Commission. The County Administrative Officer may also invite those officials who must eventually approve various aspects of the subdivision plat coming within their jurisdiction. Items to be discussed include the general layout of streets, blocks and lots, reservations of land for public uses, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services. Subp. 27. Easement. “Easement” means authorization by a property owner for another party to use the owner’s property for a specific purpose. Private easements are authorizations between private parties and not available for the general public. Public easements are authorizations between a private landowner and the public. Subp. 28. Escrow. “Escrow” means a deposit of funds with the County or escrow agent to secure the promise to perform some act. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 6 Subp. 29. Final Plat. “Final Plat” means a drawing or map of subdivision, meeting all of the requirements of the County, Minnesota state statutes regarding the platting of land, and in such a form as required by Otter Tail County for the purpose of recording. Subp. 30. Frontage. “Frontage” means the boundary line abutting on a street and ordinarily regarded as the front of the lot. Subp. 31. Grade. “Grade” means the slope of a road, street, or other public way specified in percentage terms. Subp. 32. Health, Safety, and General Welfare. “Health, Safety, and General Welfare” means the purpose for which counties may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the county. Subp. 33. Homeowners Association. See Property Owners Association. Subp. 34. Improvements. See Lot Improvement or Public Improvement. Subp. 35. Licensed Engineer. “Licensed Engineer” means an engineer properly licensed and registered in the State of Minnesota. Subp. 36. Local Road. “Local Road” means a street whose function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sanitary sewer, water, and storm sewer lines, street trees, sidewalks and trails and other public purposes as approved by the County Board or Development Review Team. Subp. 37. Lot. “Lot” means a portion of an approved subdivision intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development. Subp. 38. “Lot, Corner”. “Lot, Corner” means a lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 120 degrees not less than 60 degrees. Subp. 39. Lot Improvement. “Lot Improvement” means any building, structure, work of art or improvement of the property including grading. Subp. 40. Lot Line. “Lot Line” means the dividing line between two platted lots. Subp. 41. Lot Width. “Lot Width” means the shortest horizontal distance between the side lot lines of a lot measured between the front lot line and the rear lot line. For the purposes of meeting minimum lot width requirement throughout this ordinance, lot width shall be measured in a straight line rather than along a road right-of-way. For lots in the Shoreland District, the lot width shall also be consistent with the lot width requirements in the Shoreland Management Ordinance. For non- shoreland lots, the lot must meet lot width requirements at the road right-of-way and the building line at the road right-of-way setback. Subp. 42. Major/Urban Collector. “Major/Urban Collector” roadways that serve shorter trips that occur and provided access from neighborhoods to the arterial system. They supplement the arterial system by emphasizing mobility over land access. Consequently, because of their location, they are lower- volume roads than arterial routes. Subp. 43. Major Subdivision. “Major Subdivision” means all subdivisions not classified as exceptions to the subdivision ordinance, metes and bounds subdivisions, or minor subdivisions. Major subdivisions are required where the subdivision of two (2) or more lots requires any new or extension of public rights-of-way or the extension of public facilities including sanitary sewer or water or the creation an any new public improvements. Major subdivisions shall include the resubdivision of previously approved subdivisions where rights-of-way or public facilities are being relocated. Subp. 44. Major Tree. “Major Tree” means trees with a diameter of eight (8) inches or more measured four (4) feet above ground level that are being relied upon to provide erosion control in a shore impact zone or within twenty-five (25) feet of a wetland. Subp. 45. Metes and Bounds Subdivision. “Metes and Bounds Subdivision” means a subdivision using metes and bounds description method to describe the lots being created by measures of length, direction of length (metes) and boundary lines (bounds). Subp. 46. Minor Arterial. “Minor Arterial” means a roadway that supplements principal arterials. Minor arterials connect urban service areas with towns inside and outside the region. They also connect major traffic generators and regional business concentrations. They should serve medium-length and short trips and emphasize mobility over land access. Subp. 47. Minor Collector. “Minor Collector” means a roadway that provides supplementary interconnection among rural centers. Their emphasis is on land access. Consequently, because of their location, they are lower-volume roads than arterial routes. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 7 Subp. 48. Minor Subdivision. ”Minor Subdivision” means any subdivision where a recorded tract or lot is being split into a maximum of five (5) lots, or a maximum of five (5) lots are being combined into four (4) or fewer lots. All resulting lots must meet minimum lot size and area requirements. The minor subdivision process shall not be allowed for the following situations: A. Any lot within an approved Planned Unit Development (PUD) B. A parcel of land that previously subdivided lots by Minor Subdivision C. A subdivision located within the Shoreland District that creates five (5) or more lots or parcels that are less than 2 ½ acres in size D.C. Where the subdivision includes either: 1) The dedication of additional right-of-way requiring street construction; or 2) The dedication of public easements or the granting of private easements; or 3) A change in existing streets, alleys, water mains, sewer mains or other major public improvements. E.D. Where new streets, utilities, or other public improvements will be needed other than to directly serve the lots created and to provide a direct connecting to an existing and approved system. Subp. 49. Non-Residential Subdivision. “Non-Residential Subdivision” means a subdivision whose intended use is other than residential, such as commercial or industrial uses. Subp. 50. Ordinance. “Ordinance” means any legislative action, however denominated, of the County which has the force of law, including any amendment or repeal of any ordinance. Subp. 51. Outlot. “Outlot” means a portion of land within a subdivision which is intended for future development and to be further subdivided into additional lots, streets, open space, or other common uses in a subdivision. Subp. 52. Owner. “Owner” means the record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definition of Common Ownership. Subp. 53. Parcel. “Parcel” means any property existing as of the effective date of this ordinance and recorded with the Otter Tail County Recorders’ Office and any lot, or tract created pursuant to the provisions of this ordinance subsequent to its effective date. Subp. 54. Person. “Person” means any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi- governmental entity. Subp. 55. Planned Unit Development (PUD). “Planned Unit Development (PUD)” means a development planned and developed as an integral unit and consisting of a combination of residential and/or nonresidential uses on the land. Subp. 56. Planning Commission. “Planning Commission” means the Otter Tail County Planning Commission. Subp. 57. Preliminary Plat. “Preliminary Plat” means the preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission and County Board or Development Review Team for approval. Subp. 58. Principal Arterial. “Principal Arterial” means a roadway intended to connect regional population centers and other principal and minor arterial routes. They carry the longest trips in the region and emphasize mobility rather than land access. Principal arterials are generally constructed as limited access freeways in a developed area but may also be constructed as multi-land divided highways. Subp. 59. Private Street. “Private Street” means a privately owned and maintained street. Subp. 60. Property Line. “Property Line” means the dividing line between two parcels. Subp. 61. Property Owners Association. “Property Owners Association” means an association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision be it a lot, parcel site, unit plot, condominium, or any other interest is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 8 Subp. 62. Public Improvement. “Public Improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the County or other governmental entity may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which County or other governmental entity responsibility is established. Public improvements do not include the sanitary sewer service line that extend from the structure to the sanitary sewer main, driveways and approaches, or service lines for electric, natural gas or telecommunication utilities. Subp. 63. Registered Land Survey. “Registered Land Survey” means the definition as defined in Minn.StatMinnesota Statute. § 508.47. Subp. 64. Resubdivision. “Resubdivision” means any change in a recorded major subdivision plat that affects any street rights-of-way layout in the subdivision or area reserved thereon for public use or exceeds the number of lots allowed in a minor subdivision. Subp. 65. Right-of-Way. “Right-of-Way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for any other special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established as determined by the County Board. The term “right-of-way” as used herein shall not include or relate to utility easements or to drainage easements. Subp. 66. Road, Dead-End. “Road, Dead-End” means a road or a portion of a road with only one (1) vehicular-traffic outlet. Subp. 67. Rough Grading Plans. “Rough Grading Plans” means the maps or drawings accompanying a subdivision plat that shall be of adequate scale to show all the site information on one sheet. This plan needs to include the existing and proposed contours, areas of cut and fills, the site drainage pattern and inlet/outlet structures. Subp. 68. Screening. “Screening” means approved materials such as walls, berms, fences, or plantings which are used to conceal one element of a development from other elements or from adjacent or contiguous development. Subp. 69. Security. “Security” means the cash escrow or performance bond provided by the applicant to secure its promises in the subdivision improvement agreement. Subp. 70. Setback. “Setback” means the horizontal distance between a structure and the property line, road right-of-way, or other boundary or natural resource feature. Subp. 71. Sketch Plat. “Sketch Plat” means a sketch preparatory to the preliminary plat (or final plat in the case of a minor subdivision) to enable the developer to save time and expense in reaching general agreement with the County as to the form of the plat and the objectives of these regulations. Subp. 72. Street. “Street” means a public way for vehicular traffic, whether designated as a street, highway, thoroughfare, arterial, parkway, throughway, road, avenue, lane, place or however otherwise designated. Subp. 73. Street Width. “Street Width” means the shortest distance between the lines delineating the street measured from curb to curb or shoulder to shoulder. Subp. 74. Structure. “Structure” means any building or appurtenance, including decks, except aerial or underground utility lines, such as: sewer, electric, telephone, gas lines, towers, poles, and other supporting facilities. Subp. 75. Subdivide. “Subdivide” means the act or process of creating a subdivision. Subp. 76. Subdivision. “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, ore development whether immediate or future, either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes the division ore development of residentially and nonresidentially zoned land, whether by deed, metes and bounds description, devise, intestacy, map, plat, or other recorded instrument. Subdivision includes metes and bounds subdivision, minor subdivisions, major subdivision, resubdivision and condominium creation or conversion. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 9 Subp. 77. Subsurface Sewage Treatment System (SSTS). “Subsurface Sewage Treatment System (SSTS)” has the same meaning as defined in Minnesota Rules, Chapter 7080. Subp. 78. Turnarounds. “Turnarounds” means a local street with only one outlet that terminates in a shape for vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 10 SECTION 3 ADMIINISTRATION Subp. 1. Statutory Authority This ordinance is adopted pursuant to the authority contained in Minnesota Statutes sections 394.21 to 394.37, 505, 507, 508, 508A, 515, 515A and 515B. Subp. 2. Jurisdiction These regulations apply to all subdivision of land, as defined in Section 2 (Definitions), located within the unincorporated territory (townships) of Otter Tail County as provided by law. These regulations may also apply to cities when requested by a city under Minnesota Statute 394.24, Subdivision 2. The Subdivision Controls Ordinance of Otter Tail County has been filed with the Otter Tail County Recorder’s Office. Subp. 3. Application of Subdivision Ordinance A. General. Any subdivision of land filed for recording in Otter Tail County less than ten (10)five (5) acres in size must first be reviewed and approved by the Land and Resource Management department in accordance with the provisions in this Ordinance, unless otherwise provided herein. Regardless of size, any new parcel(s) created through a subdivision of land that is located within the Shoreland District is required to meet minimum width requirements as described in Table II and Table III in the Shoreland Management Ordinance. B. Metes and Bounds Subdivisions. On application from an applicant, the Administrative Officer may approve a metes and bounds subdivision under the following conditions if, in each instance, the new and residual parcels of land which would result from the metes and bounds subdivision meets the following conditions: 1) The proposed metes and bounds subdivision must consist of 2.5 acres or more with a buildable area of at least 8400 square feet and enough area with suitable soil to accommodate long-term sewage treatment as specified in Section 8 of the Sanitation Code of Otter Tail County; 2) Not be divided into more than five (5)four (4) lots; and, 3) A maximum of one metes and bounds subdivision in a three (3) year period may be approved for any such parcel on record with the Otter Tail County Recorder’s Office upon the effective date of this Ordinance; and all parcels shall meet all requirements of the Sanitation Code of Otter Tail County. C. Exemptions. These regulations shall not apply to the following (other County ordinances and state laws may apply): 1) Any subdivision of land greater than or equal to ten (10)five (5) acres; 2) A registered land survey; 3) Subdivisions creating cemetery lots; 3)4) The creation of a common interest community that meets Minnesota Statute 515B.2-110 (c) or 515B.2-1101 (c); 4)5) Transfers of small parcels to governmental units in case of encroachments, road right-of-way, or utility easements; 5)6) Subdivisions resulting from court orders or mortgage foreclosures; or 6)7) Common property line adjustments as specified in this part: a)The adjustment of a common property line by the relocation of that line to: i. Eliminate encroachments that existed before the effective date of this ordinance; ii. Eliminate or reduce pre-existing setback violations; or iii. Eliminate boundary line disputes; b)Any transfer of a portion or portions of unplatted parcels between adjoining land owners where such transfer is unrelated to the purposes set forth in subparagraph (a) above, provided that: i. The transfer does not create a non-conforming parcel; ii. The transfer does not increase the degree of non-conformity for either parcel; iii. The subdivision does not cause previously conforming structures to be non-conforming; and iv. The transfer does not result in a substantial expansion in land use intensity. c) Any transfer of a portion or portions of a platted lot between adjoining land owners where such transfer is unrelated to the purposes set forth in subparagraph (a) above, provided that: i. The transfer does not create a non-conforming parcel; ii. The transfer does not increase the degree of non-conformity for either parcel; Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 11 iii. The subdivision does not cause previously conforming structures to be non-conforming; and iv. The transfer does not result in a substantial expansion in land use intensity. d) Any land transfer documents under subparagraphs above presented to the Otter Tail County Recorder for filing must be accompanied by a scaled drawing prepared by a Licensed Land Surveyor showing the following: i. Name, address, and telephone number of the legal owner(s) and/or agent of the property; ii. All contiguous property and roads and their legal name(s) iii. Proposed new property lines with dimensions noted; iv. location of existing driveways on the same side of the road; v. Location, purpose and dimensions of structures pertinent or relevant to the purpose of the boundary line adjustment, and distance of said structures to the existing and proposed property lines; and vi. Location of any existing known tile lines, known abandoned wells, drainage ways, waterways, watercourses, lakes, wetlands and the toe and top of any bluffs present. When applicable, the ordinary high-water level and 100-year flood elevations shall be shown. e)The County Administrative Officer shall approve all scaled drawings submitted for exemptions that are in compliance with the provisions of this Ordinance and other applicable requirements. e)8) Any subdivision of land conveying property to a public utility for such things as, but not limited to, a substation, poles, towers, or similar equipment. D. Transfer or Sale of Land No owner or agent of the owner shall transfer or sell any part of a lot or parcel of land as defined in Section 2 under the County’s jurisdiction before a metes and bounds subdivision, minor subdivision, or major subdivision has been approved by the County in accordance with the provisions of these regulations, except as provided in Subp. 3 (C)above. Subp. 4. Variances A. Board of Adjustment. The Board of Adjustment shall have the exclusive power to order the granting of a variances from the terms of this Ordinance, including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of this ordinance, in cases when there are practical difficulties. Practical difficulties in the granting means: 1) The variance is in harmony with the purpose and intent of this Ordinance; 2) The property owner proposes to use the property in a reasonable manner not permitted by this Ordinance; 3) The need for the variance is due to circumstances unique to the property not created by the landowner; and, 4) The issuance of the variance will not alter the essential character of the locality; and the need for the variance involves more than just economic considerations. B. Granting of Variance. No variance shall be granted simply because there are not objections or because those who do not object outnumber those who do, nor for any other reason than a proven practical difficulty. C. A variance to subdivide property in a manner other than what is specified in Section 4, Subp. 1 is prohibited. D. Conditions. The Board of Adjustment may impose conditions in granting a variance to ensure compliance and to protect adjacent properties and the public interest. E. Procedure. Any proposed variance shall be presented to the Board of Adjustment for determination. The following procedure shall be used in applying for a variance: 1)The applicant for a variance shall file his complete Application in the office of the Administrative Officer not less than 21 days prior to the next scheduled meeting of the Board of Adjustment and pay a fee as indicated on the Fee Schedule when the application is filed. Each application for variance shall be accompanied by a scale drawing (see definition) and enough copies to provide each member of the Board of Adjustment a copy of the Application (if the Applicant provides a color-coded original scale drawing, it is the Applicant's responsibility to color code all copies) of the area under consideration showing the location of any existing structures and any proposed structures. The drawing shall also indicate all setback distances in feet. In addition, the applicant must provide his (or next closest) E- 911 address. In absence of such number, detailed directions to the property must be provided with the application. > Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 12 2)When administrative staff and Board of Adjustment members may not be able to view the property for which a variance is requested, due to snow cover, it may not be possible to meet the legal requirement to take final action within 60 days of receipt of a completed Application. Therefore, an Applicant shall be required, as part of completing the application process in the months of October through March, to indicate by written acknowledgment whether the Applicant is willing to waive the 60-day time limit and allow time for the Board of Adjustment to view the property, if necessary. The acknowledgment shall inform the Applicant that the absence of a waiver of the 60-day requirement may leave the Board of Adjustment no alternative but to deny the Application. Circumstances may require the Board of Adjustment to cancel its regular meeting. If meetings are canceled, no Application for a Variance will be accepted as final until 21 days prior to the next scheduled meeting of the Board of Adjustment. 3)Within three (3) days of making an application for a variance the licensed surveyor shall stake the lot lines, road right-of-ways, and the applicant shall stake the area under consideration and post the name and address in a clearly visible location on the property. 4)The Administrative Officer shall refer the application to the Board of Adjustment 5)The Board of Adjustment shall consider the application at its next regular meeting at which time is available, following compliance with the provisions of notice above specified. Subp. 5. Appeals A. The Board of Adjustment shall hear and decide appeals from and review any order, requirements, decisions, or determinations made by any Administrative Officer charged with enforcing any provision of this Ordinance. B. Any appeal from any decision, order, requirement, or determination within the jurisdiction of the Board of Adjustment shall be taken by the filing of a notice of appeal with the secretary of the Board within 10 days from the date on which the appellant was notified in writing by the officer making such decision of the decision. No such appeal shall be filed by the secretary of the Board unless accompanied by the Appeal Fee established in the Fee Schedule. C. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the applicant and the officer from whom the appeal is taken and decide the same within a reasonable time. The Board of Adjustment may reverse, affirm wholly or partly, or may modify the order, requirements, decisions, or determinations as in its opinion ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. The reason for the Board's decision shall be stated in writing. The decision of the Board shall be final unless appealed to the District Court in Otter Tail County by a person having an interest affected by such decision. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 13 SECTION 4 REVIEW AND APPROVAL PROCEDURES Subp. 1. General Procedures A. Subdivision Procedures. Before any land that is less than ten (10)five (5) acres is subdivided, applicants proposing to subdivide land shall apply for and secure approval of the proposed subdivision in accordance with the following procedures which establish different steps for the three different classifications of subdivisions as defined in Section 2 and as identified below: 1)Metes and Bounds Subdivision a. Pre-Application Meeting with Administrative Officer - Required b. Review and approval by the Administrative Officer 2)Minor Subdivision a. Pre-Application Meeting with Administrative Officer– Required b. Preliminary Plat Application to be reviewed by Development Review Team c. Preliminary Plat decision by Administrative Officer d. Final Plat submitted to Administrative Officer within 18 months of approval e. County Board signs final plat 3)Major Subdivision a. Pre-Application Meeting – Required b. Preliminary Plat Application submitted six (6) weeks prior to the date of the Public Hearing c. Preliminary Plat reviewed by the Development Review Team i. The Development Review Team will review the proposed preliminary plat and provide a report to the Planning Commission prior to the date of the public hearing d. Public Hearing conducted by the Planning Commission e. Preliminary Plat recommendation from the Planning Commission by the County Board f. Final Plat submitted to Administrative Officer within 18 months of County Board approval of the Preliminary Plat. g. County Board signs final plat B. Application Fees. Any application to subdivide property subject to the provisions in this Ordinance is subject to an application fee established in the County’s Fee Schedule. C. Official Submission Dates. For the purpose of these regulations, the Official Submission Date or starting date, shall be the date in which a written request that includes a complete application, as determined by the County Administrative Officer, is received for a subdivision. D. Complete Application. The County Administrative Officer will review subdivision applications within ten (10) calendar days of their submittal and determine if the application is complete. If the application is not complete and accurate, the County Administrative Officer will notify the applicant in writing of the necessary changes or additional information within the ten (10) day timeframe. If the application is complete, the formal review process will begin on the date the submittal was received by the Land and Resource Management Department. Subp. 2. Pre-Application Meetings A. Purpose. In order to familiarize the developer with these regulations and related laws and avoid costly revisions of plans and plats before preparing the necessary documents and drawings for a subdivision application submittal, applicants must meet with the County Administrative Officer at a pre-application meeting. The purpose of these meetings is to discuss the requirements in this ordinance and other applicable regulations and the procedures for approval of a subdivision with the applicants as early in the design process as possible. Subp. 3. Environmental Review Procedures A. Purpose. Minnesota Law requires that projects that have the potential to cause significant environmental impacts must undergo special environmental review procedures prior to obtaining approvals and other needed permits. The function of the Minnesota Environmental Review Program is to avoid and minimize damage to Minnesota’s environmental resources caused by public and private actions. B. When Required. The mandatory and exemption categories are established in Minnesota Rules, Parts 4410.4300, 4410.4400 and 4410.4600, or as amended by the State of Minnesota. Subdivision proposals that Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 14 exceed the stated thresholds must complete the required environmental review process prior to the approval of the subdivision by the County. C. Costs Incurred. In the event that an environmental assessment worksheet or an environmental impact statement is required for a subdivision, the rules of the Environmental Quality Board shall govern the responsibility of the costs involved with the preparation and review of these documents. The County may hire an independent contractor to prepare the necessary documents. Subp. 4. Metes and Bounds Subdivision Procedures Applicants shall file an application for review and approval by the County Administrative Officer according to the following: A. Complete Submittal. The complete submittal shall include: 1)A completed application for a Metes and Bounds Subdivision on forms available from the County Land and Resource Management Department; 2)Include or provide information (as approved by the County Administrative Officer) on all contiguous holdings of the owner including land in common ownership as defined in these regulations; 3)Be accompanied by ten (10) printed or electronic copies of the scaled site drawing as described in Section 7 (Presentation Requirements) and complying in all respects with these regulations; 4)Soil testing demonstrating that each new lot has suitable soil to accommodate long-term sewage treatment as described in Section 8 of the Sanitation Code of Otter Tail County. Each area must be identified on the scaled drawing submitted. a. Any parcel that is part of a metes and bound subdivision that is 5.0 acres or less, soil testing must be conducted by a licensed septic designer to meet this requirement. b. Any parcel that is part of a metes and bounds subdivision that is greater than 5.0 acres, a licensed septic designer may use the Natural Resource Conservation Service Web Soil Survey in lieu of soil testing to meet this requirement 5)Be accompanied by a fee as established in the County’s Fee Schedule. B. Referral of Scaled Site Drawing. The County Administrative Officer may refer the scaled site drawing/survey for review to the Development Review Team and appropriate officials or agencies. The County Administrative Officer shall request that all officials and agencies to whom a request for review has been made, submit their report to the County Administrative Officer within fifteen (15) calendar days after receipt of the submittal. If no report is received within fifteen (15) calendar days, it will be assumed by the County Administrative Officer that there are no objections in the scaled site drawing as submitted. C. County Administrative Officer Review The County Administrative Officer is authorized to approve all metes and bounds subdivisions that are in compliance with the provisions of this Ordinance and other applicable requirements. D. Recording After subdivision approval is granted, the subdivision must be recorded with the County Recorder’s office. If the approved subdivision has not been recorded within twelve (12) months of approval, the approval is nullified. A one time, twelve (12) month extension may be granted by the Land and Resource Management office provided the applicant requests the extension within twelve (12) months of receipt of the subdivision approval. Subp. 5. Minor Subdivision Procedures Applicants shall file an application for review by the Development Review Team and approval by the County Administrative Officer according to the following: A. Complete Submittal 1)A completed application for a Minor Subdivision on forms available from the County Land and Resource Management Department; 2)Ten (10) printed or electronic copies of the preliminary plat as described in Section 7 (Presentation Requirements) and complying in all respects with these regulations; 3)Electronic file (AutoCAD) submitted to be used in County GIS system. The electronic file provided may only be shared with the Development Review Team, the Planning Commission, the County Board, or any other entity that must review the proposed subdivision; > > > > Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 15 4)Soil testing demonstrating that each new lot has suitable soil to accommodate long-term sewage treatment as described in Section 8 of the Sanitation Code of Otter Tail County and verified by Land and Resource Management staff. Each area must be identified on the survey provided. 5)A Wetland Delineation Report in accordance with the Minnesota Wetland Conservation Act, signed and dated by a certified wetland delineator; and 6)Be accompanied by a fee as established in the County’s Fee Schedule. B. Referral of Preliminary Plat The County Administrative Officer may transmit the preliminary plat for review to the Development Review Team and appropriate officials or agencies. The County Administrative Officer shall request that all officials and agencies to whom a request for review has been made, submit their report to the County Administrative Officer within fifteen (15) calendar days after receipt of the submittal. If no report is received within fifteen (15) calendar days, it will be assumed by the County Administrative Officer will assume there are no objections in the scaled site drawing as submitted. C. County Administrative Officer Review The County Administrative Officer is authorized to approve all minor subdivisions that are in compliance with the provisions of this Ordinance and other applicable requirements. Subp. 6. Preliminary Plat Procedures for Major Subdivision Applicants shall file an application for review by the Planning Commission and approval by the County Board according to the following: A. Complete Submittal. The submittal shall include: 1) A completed application for a Preliminary Plat for a Major Subdivision on forms available from the County Land and Resource Management Department; 2) Twenty-Three (23) copies of the preliminary plat as described in Section 7 and complying in all respects with these regulations; 3) A Certificate of Exemption or an approved Wetland Replacement Plan as required by the Minnesota Wetland Conservation Act; 4) Three (3) copies of the preliminary construction plans in compliance with the County specifications as described in this Ordinance and other County requirements; 5) Electronic file (AutoCAD) submitted to be used in County GIS system. The electronic file provided may only be shared with the Development Review Team, the Planning Commission, the County Board, and any other entity that must review the proposed subdivision; 6) Soil testing demonstrating that each new lot has suitable soil to accommodate long-term sewage treatment as described in Section 8 of the Sanitation Code of Otter Tail County and verified by Land and Resource Management staff. Each area must be identified on the survey provided; 7) A Wetland Delineation Report in accordance with the Minnesota Wetland Conservation Act, signed and dated by a certified wetland delineator; 8) Fifty (50) reduced copies of the preliminary plat with areas (11” x 17”); and, 9) The appropriate fee as established in the County’s Fee Schedule. B. Referral of Preliminary Plat 1) The County Administrative Officer shall transmit the preliminary plat for review to each member of the Development Review Team and appropriate officials or agencies as deemed necessary or as mandated by law. The County Administrative Officer shall submit one (1) copy of the preliminary plat to the governing bodies of any city the incorporated limits of which lie within two (2) miles of the proposed subdivisions and to the town board of the township wherein the subdivision is proposed or which is adjoining the proposed subdivision. 2) The County Administrative Officer shall request that all officials and agencies to whom a request for review has been made, submit their report to the County Administrative Officer within thirty (30) calendar days after receipt of the request. The County Administrative Officer will consolidate all the reports submitted by the officials and agencies concerning the preliminary plat and shall submit a report to the Planning Commission. If no report is received within thirty (30) calendar days, it will be assumed by the Planning Commission that there are no objections in the plan as submitted. C. Public Notice and Hearing. Upon receipt of a completed submittal for preliminary plat, the County Administrative Officer shall set a public hearing with the Planning Commission to be held within six (6) weeks from the Official Submittal Date. The County Administrative Officer shall mail notices to all property > > Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 16 owners within one-half (1/2) mile of the proposed subdivision and the affected unincorporated areas, town board and any city within two (2) miles of the affected property. The owner or developer shall also be notified of the time and place of the hearing at which the developer will be afforded an opportunity to appear. The County shall maintain file copies of the plat and preliminary construction plans when appropriate for public review prior to the hearing. The Planning Commission shall receive all public testimony on the proposed plat. It shall make a recommendation to the County Board by either approval, conditional approval, or disapprove with reasons stated. D. County Board Review and Approval. The County Administrative Officer will forward the Planning Commission’s recommendation to the County Board for their review. The County Board shall approve, conditionally approve, or disapprove of the preliminary plat. If the preliminary plat is not approved, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the subdivision. All conditions required by the County Board shall be submitted in writing to the applicant. The approval of a preliminary plat is an acceptance of the general layout as submitted and indicates to the developer that he may proceed toward fulfilling the necessary steps for approval of the final plat in accordance with the terms of approval. E. Preliminary Plat Revisions. The County Board may approve a preliminary plat and preliminary plat construction plans on the condition that a revised preliminary plat or other submittal item be revised and resubmitted before the final plat can be applied for. The County Administrative Officer shall advise the applicant of any required changes and/or additions. One (1) copy of the revised preliminary plat or other submittal item shall be submitted to the County Administrative Officer. F. Standards for Approval of Preliminary Plats. A preliminary plat of a proposed subdivision may be approved by the County Board provided that: 1) All applicable provisions of the County Ordinances and State Laws are complied with (including, but not limited to, County Shoreland Management Ordinance, County Sanitation Code, and the Mn Wetland Conservation Act); 2) The proposed subdivision will be sufficiently compatible with the area surrounding the subdivision; 3) Provisions have been made for a water supply in accordance with Section 6 that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed; 4) Adequate provision has been made for sanitary sewer service and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations; 5) The proposed subdivision preserves the site’s important natural, cultural or historic features; and, 6) The developer has taken reasonable efforts to mitigate the impact of the proposed subdivision on public health, safety, and welfare. G. Public Improvements. The County Board may require that all public improvements be installed prior to the signing of the final subdivision plat by the County officials. If the County Board does not require that all public improvements be installed prior to signing of the final subdivision plat, the County Board shall require that the applicant execute a developer’s agreement and provide security for the agreement as provided in Section 5(ASSURANCE FOR COMPLETION AND MAINTENANCE OF IIMPROVEMENTS) H. Effective Period of Preliminary Plat Approval. The approval of a preliminary plat shall be effective for a period of eighteen (18) months from the date that the preliminary plat is approved by the County Board, at the end of which time the applicant must have submitted a final subdivision plat for approval. If a subdivision plat is not submitted for final approval within the eighteen (18) month period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new preliminary plat for review subject to these regulations. The Director of Land and Resource Management may grant one (1) extension of one (1) year. I. Grading of Site Prior to Final Approval. After preliminary plat approval but prior to final plat approval, the developer may apply for a permit from the County Administrative Officer provided that the County has approved the grades and elevations of building areas and roadways as shown on the approved preliminary plat and construction plans. J. Amendments to Preliminary Plat. At any time after preliminary plat approval and before submission of a final plat, the applicant may request that an amendment be made in the approval or conditional approval of the preliminary plat. The Planning Commission shall hold a public hearing on the proposed amendment in accordance with the same requirements for preliminary plat approval found in this Section. Any public Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 17 hearing on a proposed amendment shall be limited to whether the proposed major amendment should or should not be allowed. The Planning Commission shall make a recommendation to the County Board on whether to approve or disapprove any part or all the proposed amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Planning Commission, the applicant may withdraw the proposed amendment. Subp. 7. Final Plat Procedures for Minor and Major Subdivision Within eighteen (18) months following the approval of the preliminary plat or the extension period in Section 4, Subp. 7 (H), the applicant shall file an application for review approval from the County Board of the final plat according to the following: A. Complete Submittal. The submittal shall include: 1) A completed application for a Final Plat on forms available from the County Land and Resource Management Department; 2) Six (6) copies and one transparency of the final plat as described in Section 7 and complying with these regulations; 3) The developer’s agreement and security, if required, in a form satisfactory to the County Attorney and in an amount established by the County. The developer’s agreement shall include a provision that the developer shall comply with all the terms of the final subdivision plat approval as determined by the County Board and shall include, but not limited to, the performance of all required subdivision and off- site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to Otter Tail County free and clear of all liens and encumbrances on the premises; and, 4) The appropriate fee as established in the County’s Fee Schedule; and, B. The County Board shall approve, conditionally approve, or disapprove the final plat. C. Standards for Approval of the Final Plat 1) The final plat complies in all respects with the preliminary plat or an approve amended preliminary plat and the conditions of approval from the County Board in approving the preliminary plat or as amended; 2) The final plat complies with Minnesota Statute 505; and, 3) All applicable provisions of the County Ordinances and State Laws are complied with (including, but not limited to, County Shoreland Management Ordinance, County Sanitation Code, and the Mn Wetland Conservation Act). D. Sectionalizing Major Subdivision Plats. Prior to granting final approval of a major subdivision plat, the County Board may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The County Board may require that the developer’s agreement and security be in such an amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining amount of the security until the remaining sections of the plat are offered for filing. Such sections must contain at least thirty percent (30%) of the total number of lots contained in the approved preliminary plat. The approval of all remaining sections not filed with the County Recorder’s Office shall automatically expire unless such sections have been approved for filing by the Planning Commission, all fees paid, all instruments and offers of dedication submitted and developer’s agreements, security and performance bonds, if any, approved and actually filed with the County Recorder’s Office within three (3) years of the date of final subdivision approval of the subdivision plat. Subp. 8. Recording the Approved Subdivision Plat A. Completed Submittal. Within one (1) year following the approval of the final plat by the County Board, the applicant shall record the final plat according to the following: 1) Six (6) copies of the final plat –, one mylar, submitted to the County Recorder’s Office. The plat shall be signed by the owners (includes all mortgage holders), project surveyor, town board chair (if applicable), County Auditor/Treasurer, County Recorder, and County Administrative Officer. In the alternative, a mortgage holder may sign a separate assent to the plat, in a recordable form, which may be submitted Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 18 to the County. (See Section 7 for more information on signatures and certifications to be placed on the final plat); 2) When installation of improvements is required prior to approval of the final plat, there shall be written evidence that: a)The County Administrative Officer has confirmed that all conditions for approval of the subdivision have been satisfied; b)The County Engineer has certified that all of the required roadway, park, and other public improvements have been installed and accepted in a manner satisfactory to the County. 3) When installation of improvements is not required prior to approval of the final plat, there shall be written evidence that: a)The County Administrative Officer has confirmed that all conditions for approval of the subdivision have been satisfied; b)The County Engineer has certified that all of the required roadway, park, and other public improvements have been installed and accepted in a manner satisfactory to the County; c) The County Attorney stating that proper evidence of title has been presented and examined; d)A Developer’s Agreement for the subdivision signed by the developer; e)The appropriate financial securities have been established by the developer for the subdivision. 4) When multiple owners are part of the plat, a deed must be recorded to distinguish ownership of the plat to identify appropriate ownership until each lot is sold. 5) Any outstanding fees with the County for the project; 6) Receipts for the payment in full of real estate taxes and assessments due and payable in the year in which the final plat will be approved; and, 7) A check payable to the Otter Tail County Recorder in the amount of the required filing fee. B. Recordation of Plat. It shall be the responsibility of the developer to record the final plat with the Otter Tail County Recorder’s Office within one (1) year of the County Board approval of the final plat. Simultaneously, with the recording of the final plat, the County Administrative Officer shall record the developer’s agreement and any dedication together with such legal documents as shall be required to be recorded by the County Attorney. The County Auditor shall make the final signature on the final plat after the appropriate documents and procedures listed above have been completed prior to the recording of the plat. C. Rescind Approval of Final Plat. If the developer has not recorded the final plat within one (1) year of the County Board’s approval the County may rescind approval of the final plat. The County Administrative Officer shall give at least ten (10) business days written notice to the applicant prior to the action to rescind. Subp. 9. Vested Rights A. Effect of Recordation. Except as otherwise provided in this Section, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recordation of the final plat. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 19 SECTION 5 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS Subp. 1. Improvements and Developer’s Agreement A. Completion of Improvements Prior to Final Plat Approval. Except as provided in Section 5, Subp. 1 (B), before the final plat is signed by the County Board, all applicants shall be required to complete at their expense, without reimbursement from the County or any improvement district, all public improvements as required in these regulations, specified in the final plat and as approved by the County Board. Upon final recording the final plat as approved by the County Board will dedicate those public improvements to the County or other governmental entity, free and clear of all liens, mortgages, encumbrances on the dedicated property and public improvements. B. Completion of Improvements After Final Plat Approval 1) Developer’s Agreement. The County Board in its sole discretion may waive the requirement that the applicant complete all public improvements prior to approval of the final plat and, as an alternative, the County may permit the applicant to enter into a Developer’s Agreement by which the developer agrees to complete all required public improvements no later than two (2) years following the date of the approval of the final plat. The Developer’s Agreement shall contain the terms and conditions agreed to by the applicant and the County Board in approving the major subdivision, including all applicable provisions for maintenance, warrantees, issuance of land use permits and other terms and conditions of the subdivision approval. The Developer’s Agreement shall also include any self-imposed restrictions proposed by the developer, such as the location of any structures, if agreed to by the County Board. 2) Financial Security. Whenever the County Board permits an applicant to enter into a Developer’s Agreement, it shall require the applicant to provide a financial security for the promises contained in the Developer’s Agreement. The security shall be in an amount equal to one hundred twenty five percent (125%) of the estimated cost of completion of the required public improvements, including lot improvements. Whenever it is deemed necessary by the County to defer the construction of any improvement required under these regulations beyond 2 years, the developer shall either pay its share of the costs of the future improvements to the County prior to signing of the final subdivision plat by the Chair of the County Board or the developer may guarantee completion of the deferred improvements in the Developer’s Agreement upon demand of the County and secured by financial security. The following methods or financial security may be used: a)Cash Escrow. If the applicant posts a cash escrow as security for its promises contained in the Developer’s Agreement, the escrow instructions shall provide: (1) that the developer will have no right to return of any of the funds except as provided in this Section; and (2) that the escrow agent shall have a legal duty to deliver the funds to the County after following the procedure in Subp. 3 of this Section (FAILURE TO COMPLETE IMPROVEMENTS). If the County accepts the offer of dedication for the last completed required public improvement, the County shall execute a waiver of its right to receive all but twenty-five percent (25%) of the funds represented by the cash escrow if the developer is not in breach of the Developer’s Agreement. The residual funds shall be security for the developer’s covenant to maintain the required public improvements and its warranty that the improvements are free from defect. b)Performance Bond. A performance bond may be provided as a financial security in a form approved by the County. 3) Failure to Complete Improvements. In those cases where a Developer’s Agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the County may then: a)Provide thirty (30) calendar days notice for the developer to meet with the County Board to review the status of the improvements and resolve the problems; b)Declare the agreement to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default; c) Obtain funds under the security and complete improvements itself through a third-party; d)Assign its right to receive funds under the security to any third party, including the subsequent owner of the subdivision for which the improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete improvements in the subdivision; or, e)Exercise any other rights available under the law. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 20 4) Maintenance. The developer shall agree to maintain the required public improvements to the road authority’s standards until the township or homeowner’s association assumes maintenance following the acceptance of the completed public improvements. The developer may organize a homeowner’s association and assign its responsibility to maintain public improvements to the homeowner’s association but the ultimate responsibility rests with the developer. 5) Warranty. The developer shall warrant that all required public improvements will be free from defect for a period of two (2) years following the acceptance by the County of the last completed public improvement. 6) Snow Removal and Emergency Repairs. The developer shall be required to provide snow removal on all streets, and pedestrian facilities if applicable, in the subdivision until all the streets and pedestrian facilities in the subdivision are accepted by the County or Township. The developer may organize a homeowner’s association and assign its responsibility to maintain public improvements to the homeowner’s association but the ultimate responsibility rests with the developer. The developer shall be responsible to make emergency repairs until the improvements are accepted. The County, after twenty- four (24) hours notice with no action by the developer, may plow the streets or make emergency repairs and charge those costs to the developer. 7) Adequate Access. The County Engineer shall determine the extent of street improvements necessary for adequate vehicular access by the prospective occupant(s) and by police and fire equipment prior to the issuance of land use permits. Subp. 2. Inspection of Improvements A. General Procedure and Fees 1) Procedure. The County Engineer shall provide for inspection or required improvements during construction and ensure their satisfactory completion. If the County finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the construction standards and specifications, the applicant shall be responsible for properly completing the improvements. 2) Fees. The applicant shall pay to the County an inspection fee based on the estimated cost of the inspection. The inspection fee may be waived if the construction of the improvements was supervised by a licensed professional engineer at the expense of the developer and that documentation verifying the satisfactory completion of all public improvements has been provided to the County. The subdivision plat shall not be signed by the County officials unless the applicable inspection fee has been paid. These fees shall be due and payable prior to the County conducting the inspection of the improvements. Subp. 3. Release or Reduction of Security A. Satisfactory Completion. The County will not release nor reduce the amount of any security posted by the developer until the required improvements have been satisfactorily completed and until: 1) The applicant’s engineer or surveyor has certified to the County, through submission of detailed record drawing plans of the subdivision improvements indicating the location, dimensions, materials, and other information required by the County and that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision; 2) That monuments are currently in place on the ground as shown on the final plat; and, 3) Documentation has been furnished to and approved by the County Administrative Officer indicating that the improvements have been completed. Upon such approval and recommendation by the County Administrative Officer, the County Board shall accept the improvements following the established procedure. B. Reduction of Financial Security 1) If the security posted by the developer was a cash escrow, the amount of that escrow shall be reduced upon inspection and approval of the public improvements and then only to the ration that the cost of the public improvement for which the approval was given bears to the total cost of public improvements for the subdivision. In no event shall a cash escrow be reduced below twenty-five percent (25%) of the principal amount until the maintenance and warranty periods have expired. Funds held in the escrow account shall not be released to the developer, in whole or in part, except upon express written Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 21 instructions of the Administrative Officer. At the end of the maintenance and warranty periods, all escrowed funds, if any, shall be released to the developer. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 22 SECTION 6 SUBDIVISION DESIGN STANDARDS Subp. 1. General. The following principles, standards and requirements will be applied by the County in evaluating proposed subdivisions. These are the minimum principles, standards and requirements for the promotion and protection of the public health, safety and general welfare and shall not preclude the County from requiring stricter standards or requirements when the conditions merit: A. Community Context. Proposed subdivisions shall be coordinated with existing nearby developments so that the community as a whole may develop harmoniously based on the minimum standards of this Ordinance. B. Land/Soil Suitability. Land that the County finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the County Board or Development Review Team to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare. The following areas are unsuitable for development: 1) Floodplain areas. No land shall be subdivided in designated floodplain areas or areas that may be subject to flooding unless the proposed subdivision complies with the standards of the Federal Emergency Management Agency (FEMA) and is proposed in combination with buildable areas. 2) Wetlands. Wetlands or wetland buffer areas, as defined and classified under the Wetlands Conservation Act of 1991, shall not be included in calculating the square footage of the buildable area on any lot. C. Agriculturally Important Lands 1) In makings its recommendation, the Planning Commission may take into consideration, but not limited to, the following criteria or designated areas: a)Farmability of Parcel. The size, shape, slope, soil quality, topographic limits and vegetative cover; b)Proximity. Proximity to an urbanizing area or in proximity to conforming non-agriculture uses; c) Compatibility with Surrounding Uses. Compatibility or separation by distance or screening with surrounding uses; d)Distance from Agricultural Operations. Located near an existing animal or commercial feedlot; or, e)Shoreland Areas. Sensitive areas such as shorelands, bluffs and wetlands are considered. D. Conformance to Applicable Rules and Regulations. In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules, and regulations unless a variance is granted: 1) The County’s Shoreland Management Ordinance, Sanitation Code, and all other applicable laws of the appropriate jurisdictions; 2) Any adopted official maps and public utilities plans; 3) All applicable statutory provisions; and, 4) The requirements and rules of the Minnesota Department of Health, Minnesota Department of Natural Resources, the Minnesota Department of Transportation, the Minnesota Pollution Control Agency or other applicable local, state or federal agencies. E. Self-Imposed Restrictions. If the developer places restrictions on any of the land contained in the subdivision greater than those required in these regulations, such restrictions or reference to those restrictions shall be recorded in the Developer’s Agreement and recorded in the protective covenants. F. Adequate Public Facilities. No preliminary plat shall be approved unless the County Board or Development Review Team determines that public facilities will be adequate to support and service the area of the proposed subdivision. Public facilities shall include roads, electric utilities, telecommunications, stormwater, sanitary sewer (when located in any sanitary sewer district), gas or other energy service, or other public services necessary to serving the development as determined by the County Board or Development Review Team. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 23 Subp. 2. Blocks Block length and width or acreage within the bounding streets and/or shoreland areas shall be laid out to accommodate the size of the lots required by the zoning ordinance and to provide convenient access, circulation and safety of street traffic. Subp. 3. Lots A. Access. All lots shall front upon a public right-of-way, except as allowed by this ordinance for a metes and bounds subdivision, and have access to an improved street or roadway. B. Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing land use permits to build on all lots in compliance with applicable ordinances and in providing driveway access to buildings on the lots from an approved public street. C. Lot Dimensions and Shape. In the Shoreland District, lot dimensions shall comply with the minimum standards of the Shoreland Management Ordinance and should generally be rectangular in shape. All other lots must have a minimum area of 20,000 square feet and a minimum width of 120 feet. The maximum lot depth to width ratio should not generally exceed 3 to 1 based on natural resource factors. Where lots are more than double the minimum required area, the County may require that those lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with these regulations. D. Lot Orientation. The lot line common to the road right-of-way shall be the front line. All lots should be oriented towards the front line and a similar line across the street. Wherever feasible, lots shall be arranged so that the rear line does not abut side property line of an adjacent lot. Insofar as practical, side lot lines should be at right angles to the public rights-of-way or water features unless topographic conditions necessitate a different arrangement. E. Corner Lots. Corner lots shall be platted at least fifteen (15) feet wider than minimum lot width required. F. Water Resource Lots. Land below the ordinary high-water level (OHWL) shall not be included within the minimum lot area calculations of any lot in a subdivision. Lots with lakeshore frontage should be designed so that the lot lines extended maintain the closest approximation to riparian right. G. Lots Along Highways If a preliminary plat proposes any approaches off a major arterial roadway or major collector street, approval from the road authority must be included in the preliminary plat application. H. Commercial and Industrial Lots. The depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use. I. Lot Remnants. No remnants of lots below minimum size shall be left over after subdividing of a larger tract. Remnant areas must be attached to adjacent lots rather than be allowed to remain as unusable parcels. Subp. 4. Sewage Disposal Each lot shall be provided with a sewage disposal system by either a municipal sewer or a subsurface sewage treatment system. A. Public Sanitary Sewer Systems. Sanitary sewer shall be required as a condition of all subdivisions located within public sanitary sewer district boundaries. This requirement for sanitary sewer shall apply to all classes of subdivisions. The following also apply: 1) All plans shall be designed and approved in accordance with the rules, regulations, and standards of the public sanitary sewer district and other appropriate agencies; and, 2) Sewers shall be installed to serve each lot and to grades and sizes require by approving officials and agencies. No individual sewage treatment system shall be permitted. B. Subsurface Sewage Treatment Systems. In subdivisions where municipal sewer services are not presently available, the County may impose such restrictions and requirements as it deems necessary for the protection of public health, safety, and general welfare. All onsite systems must comply with the regulations and standards of the County and the Minnesota Pollution Control Agency. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 24 Subp. 5. Water Each lot shall be provided with a supply of potable water by either an individual drinking water well, central water system or a public water supply. A. Public Water System. Where connection to a public or community water supply as defined by the Minnesota Department of Health is possible, such system shall be used. Subp. 6. Grading, Drainage and Stormwater Facilities The Planning Commission shall not recommend approval of any subdivision that does not make adequate provision for storm and flood water runoff channels or basins in accordance with the following: A. Technical Reference Documents. The County officially designates the “Minnesota Construction Site Erosion Control and Sedimentation Control Planning Handbook” prepared by the Minnesota Board of Soil and Water Resources (BWSR) and “Protecting Water Quality in Urban Areas” prepared by the Minnesota Pollution Control Agency (MPCA) as the technical references for this section. These reference documents will be used to ensure the proper design, construction, and maintenance of stormwater management facilities of a proposed project. B. System Design. The stormwater drainage system shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed by the Rational Method, or other methods as approved by the County, and a copy of the design computations shall be submitted along with plans. Surface water drainage patterns shall be shown for each and every lot and block. C. Drainage Easements. When a subdivision is traversed by a water course, drainageway, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with stabilized banks and adequate width for maximum potential volume of flow. 1) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road right-of-way, perpetual, unobstructed easements as approved by the County for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Drainage easements shall be indicated on the preliminary and final plats. 2) Drainage easements shall extend to a sedimentation basin or to other drainage facilities, if storm flows from a proposed subdivision are increased. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured. 3) Low-lying lands along watercourses subject to flooding or overflowing during stormy periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage easements. D. Lot Grading and Erosion Control 1) Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildable areas. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. 2) Soil Preservation and Final Grading. All areas with disturbed soils shall be replaced with a minimum of 4 inches of top soil and be stabilized by seeding or sod planting as recommended in the “Minnesota Construction Site Erosion Control and Sedimentation Control Planning Handbook” prepared by BWSR and “Protecting Water Quality in Urban Areas” prepared by the MPCA or as approved by the County. Subp. 7. Highways, Streets and Alleys Proposed streets shall provide a safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation and shall be appropriate for the particular traffic characteristics of each proposed development. A. General Requirements 1) Classification. All streets shall be classified by the County as either a principle arterial, minor arterial, major collector, minor collector, or local street. 2) Arrangement and Topography a) All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated road right-of-ways. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 25 b) All major streets shall be properly related to special traffic generators such as industries, business districts, schools, and other large trip generating sites. c) Streets shall be logically related to the topography so as to produce usable lots and reasonable grades. All streets should be arranged so as to obtain as many building sites as possible at, or above, the grades of the streets. Grades of streets should conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. d) The design of all streets shall be considered in their relation to runoff of storm waters. e) A Public Road (Street) right-of-way must be dedicated and be adjoining to and serve all new lots within the proposed subdivision and must connect to an existing public road, except as provided under a planned unit development. f) Where new streets extend existing adjoining streets, their projections shall be the same or of greater width, but in no case less than the minimum required width. g) Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions may make provisions for the proper projection of streets. When a new subdivision adjoins unsubdivided land susceptible to being subdivided, then a new street may be carried to the boundaries of such undivided land. If unsubdivided land adjacent to a proposed preliminary plat abuts an existing road right-of-way, this provision may not be applied. B. Design Standards 1) General. These standards are meant to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access for police, fire, fighting, snow removal, sanitation, and road maintenance services and equipment, and to coordinate streets to create a convenient system and avoid undue hardships to adjoining properties. 2) Rights-of-Way Widths. The minimum widths for each type of public street right-of-way shall be as follows: Type of Street Right-of-Way Width Principle Arterial 150 feet Minor Arterial 120 feet Major/Urban Collector 100 feet Minor Collector 100 feet Local 66 feet Alley Less than 24 feet Additional rights-of-way or easements and roadway widths may be required by the County to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use. Right-of-way widths in excess of the standards designated in these regulations may be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three-to-one unless approved by the County Engineer. 3) Street Width and Grades. The construction for all dedicated roads within a subdivision shall meet the standards established by the County Board or the township, whichever is more restrictive. These standards are filed with the County Engineer. 4) Reverse Curves. Tangents of at least one hundred (100) feet in length may be required between reverse curves on collector streets and fifty (50) feet on lesser streets. 5) Street Jogs. Street jogs with center line off-sets of less than one hundred fifty (150) feet shall be avoided. 6) Street Intersections. Insofar as practical, streets shall intersect at right angles, and no intersection shall be at an angle of less than 60 degrees or greater than 120 degrees. It must be evidenced that safe and efficient traffic flow is encouraged. 7) Cul-de-sacs and Turnarounds a)Permanent cul-de-sac streets will be allowed provided that: i. Each cul-de-sac street shall provide at the closed end a turn-around having a minimum outside diameter of one-hundred (100) feet and a minimum right-of-way line diameter of one hundred twenty (120) feet; and, ii. A minimum front lot line footage of fifty (50) feet b) Temporary or permanent turn-around areas may be allowed provided that: > > > /. I / > ,.-. ~ ---.....J / / / / / j / / / Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 26 i. The street or road right-of-way is dedicated beyond the temporary turn area to the boundary line of the nearest adjoining unsubdivided land; ii. A provision is made as to the responsibility of building the remaining road; and, iii. An easement document covering the area needed for the turn-around is provided to be recorded with the final plat or contained as a dedication on the final plat. 8) Half Streets. Half streets shall be prohibited except where subdivisions abut an existing public roadway. 9) Street Names. The name of any street theretofore used in the County shall not be used unless the proposed street is an extension of an already named street, in which event the name shall be used. The developer shall obtain approval from the township subject to review by the County for duplication and appropriateness of the selected street name. 10) Local Service Drives. Where a proposed plat adjoins a principal or minor arterial or major collector, the County Board or Development Review Team may require the developer to provide an access street along the right-of-way of such facilities or they may require that lots back on the thoroughfare, in which case vehicular and pedestrian access between the lots and thoroughfare shall be prohibited. 11) Hardship to Owners of Adjoining Properties. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Subp. 8. Street Signs. Street name signs shall be placed at all street intersections within or abutting the subdivision and shall conform to the standard of design accepted for all street name signs. Stop and/or Yield signs shall be placed at all streets intersecting with highways, arterial streets and collector streets, and as determined by the County Engineer. Subp. 9. Utilities All new utility facilities, including but not limited to gas, electric power, telephone, and CATV cables should be located underground throughout the subdivision. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat or the construction plans as determined by the County. Underground service connections to the street property line of each platted lot should be installed when approved by the utility. A. Easements. Utility easements at least ten (10) feet wide on each lot (for a total of 20 feet) shall be provided for utilities, where necessary. They shall be provided along rear lot lines (except along shorelines). They shall have continuity of alignment from block to block. Subp. 10. Natural Features Existing features that would add value to the proposed subdivision such as -, watercourses, beaches, historic sites, and similar irreplaceable assets, shall be preserved in the design of the subdivision within shoreland areas. The preliminary plat shall show the general outline of existing trees as required by these regulations and shall further indicate all those marked for retention and the location of all proposed shade trees, if provided, along the street side of each lot as required by these regulations. Subp. 11. Non-Residential Subdivisions In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the County that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed: A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated; B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon; C. Special requirements may be imposed by the local government with respect to street, curb, gutter, and sidewalk design and construction; D. Special requirements may be imposed by the local government with respect to the installation of public utilities, including water, sewer, and storm water drainage; and, Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 27 E. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing upon existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 28 SECTION 7 PRESENTATION REQUIREMENTS Subp. 1. Scaled Site Drawing (Metes and Bounds Subdivision) A. General Format. A scaled site drawing shall be drawn at a common scale. B. Preparation. The scaled site drawing, which need not be based on a survey, shall be prepared and signed by a land surveyor licensed by the state. C. Content. A scaled drawing shall include the following: 1) Identify the section, township, and range; 2) Total acreage of the proposed site; 3) Location of all rights-of-way adjacent to the property; 4) General location of all wetlands on the site; 5) If the property is surveyed, the scaled site drawing shall identify the locations of the monuments found and set by the surveyor; and, 6) Provide graphic scale, north arrow, and date. Subp. 2. Preliminary Plat A. General Format. The preliminary plat shall be prepared at a convenient scale not less than one (1) inch equals two hundred (200) feet, or as approve by the County Administrative Officer. More than one (1) sheet may be used to present the information required in this section. The sheets shall be numbered in sequence and shall be submitted on 22” x 34” sheets or as otherwise approved by the County. B. Preparation. The preliminary plat shall be prepared by a licensed land surveyor. C. Subdivision Name. The proposed name of the subdivision shall not duplicate or be alike in pronunciation of the name of any plat previously recorded in Otter Tail County. D. Ownership and Development Information 1) Name, address, and telephone number of the legal owner and, if applicable, agent of the property. 2) Name, address, and telephone number of the professional person(s) responsible for subdivision design, for the design of public improvements, and for surveys. 3) Date of preparation. E. Existing Site Conditions. Provide this information on the preliminary plat or a property survey map unless, due to the uniqueness of the land, certain requirements are waived by the Director of Land and Resource Management: 1) Boundary line of the proposed site and all property(ies) to be subdivided. Include all contiguous land owned or controlled by the develop;. 2) Location, width, and names of all existing platted streets and rights-of-way to a distance of 100 feet beyond the site; 3) Show the type, width and condition of street improvements; railroad or major utility rights-of-way, parks and other public open spaces, and permanent buildings and structures on adjacent property of the site if any; 4) Location, widths, and names of all existing recorded public and private easements within and affecting the site; 5) Identify by name and ownership boundary lines of all adjoining lands within 100 feet of the proposed plat; 6) Topographic data including contours at vertical intervals of not more than 2 feet; 7) Significant natural resource features on the site, i.e. wetlands, floodplains, watercourses, existing wooded areas, other natural resource features, etcetc.; 8) Existing soil classification per the Web Soil Survey; 9) Identify the section, township, range; 10) Total acreage of the proposed site; and, 11) Provide graphic scale, north arrow, and date. F. Subdivision Design Features. Provide this information on the Preliminary Plat: 1) Layout of proposed streets, showing right-of-way widths, types of improvements, street surface widths, total linear feet of road to be constructed and proposed street names; Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 29 2) Location and type of proposed public easements; i.e. drainage, utility, pedestrian, etcetc.; 3) Layout of proposed blocks and lots and the dimensions (in feet) and areas (in square feet for lots under two and a half acres and in acres for lots two and half acres or more). Dimensions shall be provided for all property lines to the nearest whole number. Illustrate or identify the lot depth and lot widths, as defined in Section 6; 4) Minimum front, side and rear yard building setback lines for all lots; 5) Illustrate or identify the buildable areas for each lot, including the square feet of buildable area for each proposed lot; 6) If adjacent to a public water body provide the location of the ordinary high water level (OHWL) mark if it has been determined by the Minnesota Department of Natural Resources and the present elevation of the public water body; 7) Indication of the use of any lot (single-family, two-family, multifamily, townhouse) and all uses other than residential proposed by the developer; 8) Location and size of all proposed and existing sanitary sewer lines and water mains or proposed community sewer and water system within the plat and to a distance of 100 feet beyond the site; 9) Approximate areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. Provide information on the purpose of those set asides, and conditions, if any, of the dedication or reservation; and, 10) If adjacent to a DNR protected wetland or in the Shoreland District, show the delineated wetland boundaries and the required setbacks from the wetlands. G. Preliminary Construction Plans. Provide information on one or more sheets 1) Plan and Profile. If public streets are to be constructed by the developer, show the existing and proposed street center line profiles. 2) Utilities Plan. If public utilities are proposed to be installed by the developer, a plan showing proposed location of sanitary sewer, water, and storm sewer lines. Identify size, grades and elevations. Show points of connection to any public systems or points of discharge. 3) Rough Grading Plans. The maps of drawing accompanying a subdivision plat that shall be of adequate scale to show all the site information on one sheet. This plan needs to include the existing and proposed contours, areas of cut and fills, the site drainage pattern and inlet/outlet structures. This plan is to include erosion control measures. Refer to the Minnesota Pollution Control Agency Urban Development and Runoff Handbook for appropriate Best Management Practices. Major trees to be preserved, with a diameter of eight (8) inches or more measured four (4) feet above ground level, shall be shown on the preliminary grading and erosion control plan if such major trees are being relied upon to provide erosion control in a shore impact zone or within twenty-five (25) feet of a wetland. Adequate measures for protecting major trees to be preserved but which are not being relied upon to provide erosion control within a shore impact zone or within twenty-five (25) feet of a wetland may be shown on the plan. Refer to Conserving Wooded Areas in Developing Communities Best Management Practices Handbook prepared by the Minnesota Department of Natural Resources. 4) Rural Subdivisions. If a plat is proposed in an area outside of a public sewer district, the applicant shall provide information demonstrating that each lot has enough room for two soil treatment areas for a Subsurface Sewage Treatment Systems (SSTS), a copy of the preliminary plat can be used to illustrate this information: a. A report from a licensed designer verifying the soils for each lot are acceptable for an SSTS; b. A map of the site illustrating the location of proposed soil treatment areas; and, c. The two soil treatment areas must be identified through soil testing in accordance with Section 8 of the Otter Tail County Sanitation Code and must be verified by Land and Resource Management staff prior to the County accepting the preliminary plat application. H. Compliance with the Minnesota Wetlands Conservation Act. A Certificate of Exemption or approved Wetland Replacement Plan that documents how the project complies with the State of Minnesota Wetland Conservation Act shall be submitted with the preliminary plat. I. Project Information Required. A cover letter can be used to provide written information describing the project as follows: Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 30 1) Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and/or type of business or industry, if known, so as to reveal the effect of the development on traffic patterns, the transportation system, and the land use compatibility; 2) Provisions for sewage disposal, water supply, stormwater management, and flood control; and, 3) Other reasonable information as may be requested by the County. J. Other Information Required on the Preliminary Plat 1) The name of any streets previously used by the County or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used. 2) Street names shall be approved by the township and the Otter Tail County Sheriff’s Dispatch Center. K. Preliminary Title Opinion The Developer shall provide a Preliminary Title Opinion, prepared by an attorney of the Developer’s choosing, in substantial conformity with the form set forth in Appendix I of this Ordinance. Subp. 3. Final Plat The Final Plat must be received by the Land and Resource Management office within eighteen months of approval of the preliminary plat by the County Board and shall include the following: A. Conditions as set forth on the Preliminary Plat by either the Planning Commission or the County Board must be met; B. Data required in Minnesota Statute 505; C. All interior and exterior boundary lines shall be correctly designated on the plat and shall show bearings on all straight lines, or angles at all angle points, and central angle and radii and arc lines for all curves. Durable iron monuments shall be set at each angle and curve point on the interior and exterior boundary lines and at all block corners and at all intermediate points on the block or lot lines indicating a change of direction in the lines. The plat shall indicate that the monuments have been set; D. An identification system for all lots and blocks. All lots shall be consecutively numbered; E. The area in square feet of each lot and the dimensions of each lot in feet; F. The Developer shall submit one (1) transparency copy, four (4) duplicate copies and one (1) electronic file of the final plat; and, G. All signatures on the Final Plat shall be in black ink and must include the following: 1) Certification: a licensed surveyor must certify that the plat represents a survey made by the licensed surveyor and that all monuments and markers shown thereon exists as located and all dimensional and geodesic details are correct. 2) Adoption of Plat and Dedications: a notarized certification by the property owner and by any mortgage holder, of the adoption of the plat and the dedication of roads and utility easements. 3) Property Taxes: certification showing that all taxes currently due on the property to be subdivided have been paid in full for the calendar year in which the Final Plat is filed. 4) Statement by Licensed Surveyor. I hereby certify that I have reviewed this Final Plat and found it to be in compliance with the surveying requirements of the Subdivision Controls Ordinance of Otter Tail County and Minnesota Statutes, Chapter 505. Signed_________________________________ Dated:_______________ 5) Approval by Developer’s Attorney. I Hereby certify that proper evidence of title has been presented and examined by me, and I hereby approve this Final Plat as to form and execution. Signed_________________________________ Dated:_______________ 6) Mortgage Statement: I hereby attest to the fact that there are no mortgages, other than shown, outstanding against any of the property in this subdivision Signed_________________________________ Dated:_______________ > > > > > / > > > > > > \ ; / / / ...._, / Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 31 7) Acknowledgement by the Township Board The _______________________ Township Board hereby acknowledges the creation of this plat. Signed_________________________________ Dated:_______________ Township Chair 8) Road Approved by County Engineer Approved by County Engineer on this _______ day of ____________________, _________ Signed_________________________________ Dated:_______________ County Engineer 9) Comparison by the Administrative Officer Comparison with Preliminary Plat made on this ______ day of __________________, __________ Signed_________________________________ Dated:_______________ Director, Land & Resource Management 10) Approval by County Board Accepted and approved by the Board of Commissioners, Otter Tail County, Minnesota, this ______ day of __________________, __________ Signed_________________________________ Dated:_______________ County Board Chair Signed_________________________________ Dated:_______________ County Administrator 11) Approval by the County Auditor-Treasurer Current taxes paid, Nno delinquent taxes and transfer entered. Signed_________________________________ Dated:_______________ County Auditor-Treasurer Signed_________________________________ Dated:_______________ Deputy Auditor-Treasurer 12) Approval by the County Recorder I hereby certify that the within instrument was filed in this office for record on the ______ day of __________________, __________, at __________ o’clock ___.M., and was duly recorded in Book of __________ on page __________. Signed_________________________________ Dated:_______________ County Recorder Signed_________________________________ Dated:_______________ Deputy Recorder > > > > > > > > > > > > > > > > > > > > > > > > --> > > > > > > > > > Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 32 SECTION 8 ENFORCEMENT, VIOLATIONS AND PENALTIES The Otter Tail County Land and Resource Management office is responsible for the administration and enforcement of this Ordinance. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements, constitutes a misdemeanor and is punishable as defined by law. SECTION 9 SEVERABILITY If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. SECTION 10 ABROGATION AND GREATER RESTRICTIONS It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. SECTION 11 OWNER LIABLE In addition to any other person or persons involved in a violation or threatened violation of this Ordinance, the owner of record of any property falling under the jurisdiction of this Ordinance shall be responsible both criminally and civilly for any construction, alteration, excavation, or any other activity occurring on the property which is contrary to the provisions of this Ordinance. SECTION 12 SAVINGS CLAUSE All permits issued under this Ordinance are permissive only and shall not release the permitee from any liability or obligation imposed by Minnesota Statutes, Federal Law, or local Ordinances relating thereto. In the event any provision of this Ordinance shall be found contrary to law by a Court of competent jurisdiction from whose final judgment no appeal has been taken, such provision shall be considered void. All other provisions of this Ordinance shall continue in full force and effect as though the voided provision never existed. SECTION 13 REPEAL The Subdivision Controls Ordinance of Otter Tail County, as adopted by the County Board on August 10, 2021, is hereby repealed and replaced with this Ordinance. SECTION 14 EFFECTIVE DATE The regulations contained in this Ordinance shall become effective upon passage by the County Board and publication according to law. Passed by the Otter Tail County Board of Commissioners on MM-DD-YYYY with an effective date of MM-DD-YYYY. Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 33 APPENDIX I PRELIMINARY TITLE OPINION Otter Tail Board of Commissioners Otter Tail County Government Services Center 500 W. Fir Avenue Fergus Falls, MN 56537 RE: Plat of ____________________________________________________________________ Developers: _______________________________________________________________ PRELIMINARY OPINION I hereby certify that I have examined the above-described plat including the signatories thereon and an abstract of title consisting of entries __________ through __________ inclusive, last certified by (Abstract Co.) to the hour of 8:00 a.m. on __________. From such examination I conclude that good record title in the fee simple absolute is in the Subdividers’ so as to vest in the public those right-of-way and easement rights as in the plat, subject to the following: 1. 2. 3. which shall be cured prior to the recording of the plat. I further agree to furnish the Final Title Opinion following the recording of the plat as required by the Subdivision Controls Ordinance of Otter Tail County. Sincerely, Subdivision Controls Ordinance of Otter Tail County …..Effective Date: TBD 34 APPENDIX II MINIMUM ROAD STANDARDS 1. The following width and grade standards of road design shall be observed by the developer: Road Type Minimum Road Right-of- Way Width (ft) Maximum Grade Principal Arterial 150 Minor Arterial 120 Major/Urban Collector 100 Minor Collector 100 Local Road 66 Alley 24 2. All roads dedicated for public use or for the use of lot owners on a plat presented for the approval shall have a permanent minimum width of 66 feet right-of-way. During road construction, the right-of-way width may exceed sixty-six (66) feet to provide for the appropriate backslope. 3. Dead end roads require a cul-de-sac with a minimum right-of-way diameter of 120 feet and a minimum traveled surface diameter of 100 feet. 4. All dedicated roadways have a roadbed of not less than twenty-four (24) feet in width when a permanent gravel surface is anticipated and not less than thirty-two (32) feet in width when a bituminous surface is anticipated. 5. When necessary for drainage, ditches along the roadbed shall be a minimum of two (2) feet in depth. 6. Graveling is required. Minimum gravel thickness shall be three (3) inches compacted or four (4) inches loose. 7. Contact the County Highway Department when the road is ready for inspection. Non-Consent Items Motion by Commissioner ______________, second by Commissioner _______________ and unanimously carried, to authorize the Board Chair and the Board Clerk to sign the document conveying the sale of excess County Property in Compton Township (Parcel 11-000-17-0111-002) to Perry J. and Ruth S. Gingerich and to sign the document conveying the Sale of Excess County Property in Lida Township (Parcel 37-000-99-1182-000) to Jason Bunkowksi. 1 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. _____________ __________________, 20___ __________________________________ County Auditor by________________________________ Deputy (reserved for recording data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $________ Date: __________________________________. FOR VALUABLE CONSIDERATION, Otter Tail County, a political subdivision of the State of Minnesota, Grantor, hereby conveys and quit claims to Perry J. Gingerich and Ruth S. Gingerich, Grantees as joint tenants, real property in Otter Tail County, Minnesota, described as follows: All that part of the Northeast Quarter of Section 17, Township 134, Range 36, Otter Tail County, Minnesota, described as follows: Commencing at the north quarter corner of said Section 17; thence North 88 degrees 52 minutes 31 seconds East (based on Otter Tail County Coordinates – 2011 Adjustment) along the north line of said Section 17, a distance of 1731.11 feet to the point of beginning of the land to be described; thence southeasterly on a non-tangential curve, concave to the southwest, having a radius of 1151.35 feet, a delta angle of 28 degrees 48 minutes 32 seconds and a chord bearing of South 58 degrees 08 minutes 30 seconds East, for an arc distance of 578.91 feet to the northwesterly right-of-way line of the Burlington Northern Railroad; thence North 56 degrees 24 minutes 43 seconds East along said northwesterly right-of-way line, a distance of 514.40 feet to the east line of Section 17; thence North 02 degrees 17 minutes 35 seconds West along said east line, a distance of 35.75 feet to the northeast corner of said Section 17; thence South 88 degrees 52 minutes 31 seconds West along said north line of Section 17, a distance of 913.80 to the point of beginning. Containing 3.13 acres more or less. SUBJECT TO an ingress and egress easement over and across that part of the Northeast Quarter of Section 17, Township 134, Range 36, Otter Tail County, Minnesota, described as follows: 2 Commencing at the north quarter corner of said Section 17; thence North 88 degrees 52 minutes 31 seconds East (based on Otter Tail County Coordinates – 2011 Adjustment) along the north line of said Section 17, a distance of 1731.11 feet; thence southeasterly on a non-tangential curve, concave to the southwest, having a radius of 1151.35 feet, a delta angle of 3 degrees 05 minutes 03 seconds and a chord bearing of South 71 degrees 00 minutes 15 seconds East, for an arc distance of 61.98 feet to the point of beginning of the land to be described; thence continuing southeasterly on said curve, concave to the southwest, having a radius of 1151.35 feet, a delta angle of 1 degrees 39 minutes 21 seconds and a chord bearing of South 68 degrees 38 minutes 02 seconds East, for an arc distance of 33.27 feet; thence North 13 degrees 43 minutes 29 seconds East a distance of 35.22 feet to said north line of Section 17; thence South 88 degrees 52 minutes 31 seconds West along said north line, a distance of 31.84 feet to the intersection with a line which bears North 19 degrees 17 minutes 33 seconds East from the point of beginning; thence South 19 degrees 17 minutes 33 seconds West a distance of 22.75 feet to the point of beginning. AND SUBJECT TO an ingress and egress easement over and across that part of the Northeast Quarter of Section 17, Township 134, Range 36, Otter Tail County, Minnesota, described as follows: Commencing at the northeast corner of said Section 17; thence South 02 degrees 17 minutes 35 seconds East (based on Otter Tail County Coordinates – 2011 Adjustment) along the east line of said Section 17, a distance of 35.75 feet to the northwesterly right-of-way line of the Burlington Northern Railroad; thence South 56 degrees 24 minutes 43 seconds West along said northwesterly right-of-way line, a distance of 86.27 feet to the point of beginning of the land to be described; thence continuing South 56 degrees 24 minutes 43 seconds West along said northwesterly right-of-way line, a distance of 40.17 feet; thence North 60 degrees 40 minutes 57 seconds West a distance of 62.02 feet; thence North 42 degrees 10 minutes 00 seconds East a distance of 62.82 feet; thence North 00 degrees 28 minutes 41 seconds West a distance of 26.46 feet to said north line of Section 17; thence North 88 degrees 52 minutes 31 seconds East along said north line, a distance of 27.53 feet; thence South 00 degrees 28 minutes 41 seconds East a distance of 46.49 feet; thence South 16 degrees 44 minutes 45 seconds East a distance of 22.08 feet; thence South 38 degrees 47 minutes 50 seconds East a distance of 18.06 feet to the point of beginning. The Seller certifies that the Seller does not know of any wells on the described real property. OTTER TAIL COUNTY ____________________________________ Kurt Mortenson, Chair Otter Tail County Board of Commissioners ATTEST: __________________________________ Nicole Hansen, Clerk 3 STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me on this ________ day of __________, 2024, by Kurt Mortenson and Nicole Hansen, Chairman and Clerk of Otter Tail County, a political subdivision of the State of Minnesota, on behalf of the Board of Commissioners. __________________________________ Notary Public This Instrument was drafted by: Tax statements due hereon should be mailed to: Michelle M. Eldien Perry Gingerich and Ruth Gingerich Otter Tail County Attorney 59997 State Hwy 29 121 West Junius Avenue Wadena, MN 56482-5068 Fergus Falls, MN 56537 1 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. _____________ __________________, 20___ __________________________________ County Auditor by________________________________ Deputy (reserved for recording data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $________ Date: __________________________________. FOR VALUABLE CONSIDERATION, Otter Tail County, a political subdivision of the State of Minnesota, Grantor, hereby conveys and quit claims to Jason Bunkowski, Grantee, real property in Otter Tail County, Minnesota, described as follows: Lot One (1) Block One (1) Tri-Lakes First Addition, according to the recorded plat thereof, Otter Tail County, Minnesota. Containing 60,751 square feet, more or less. RESERVING an easement for County Highway purposes over, under and across that part of said Lot 1 lying northwesterly of the following described line: Commencing at the most westerly corner of said Lot 1; thence South 26 degrees 35 minutes 23 seconds East (bearing is based on Otter Tail County Coordinates - 2011 Adjustment) along the southwesterly line of said Lot 1, a distance of 27.53 feet to the point of beginning of the line to be described; thence northeasterly along a non-tangential curve, concave to the southeast, having a radius of 512.96 feet, a delta angle of 6 degrees 47 minutes 20 seconds and a chord bearing of North 36 degrees 09 minutes 29 seconds East for an arc distance of 60.78 feet; thence North 39 degrees 33 minutes 09 seconds East a distance of 77.30 feet to the northwesterly line of said Lot 1 and there terminating. AND RESERVING an easement for County Highway purposes over, under and across that part of said Lot 1, described as follows: 2 Commencing at the most westerly corner of said Lot 1; thence South 26 degrees 35 minutes 23 seconds East (bearing is based on Otter Tail County Coordinates - 2011 Adjustment) along the southwesterly line of said Lot 1, a distance of 272.77 feet to the point of beginning of the land to be described; thence continuing South 26 degrees 35 minutes 23 seconds East along said southwesterly line, a distance of 15.12 feet; thence South 07 degrees 12 minutes 08 seconds West along the westerly line of said Lot 1, a distance of 107.22 feet; thence South 84 degrees 36 minutes 30 seconds East a distance of 40.08 feet to the easterly line of said Lot 1; thence North 07 degrees 10 minutes 22 seconds East along said easterly line of Lot 1, a distance of 120.06 feet to the intersection with a line which bears South 84 degrees 36 minutes 30 seconds East from the point of beginning; thence North 84 degrees 36 minutes 30 seconds West a distance of 48.44 Feet to the point of beginning. The Seller certifies that the Seller does not know of any wells on the described real property. OTTER TAIL COUNTY ____________________________________ Kurt Mortenson, Chair Otter Tail County Board of Commissioners ATTEST: __________________________________ Nicole Hansen, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me on this ________ day of __________, 2024, by Kurt Mortenson and Nicole Hansen, Chairman and Clerk of Otter Tail County, a political subdivision of the State of Minnesota, on behalf of the Board of Commissioners. __________________________________ Notary Public This Instrument was drafted by: Tax statements due hereon should be mailed to: Michelle M. Eldien Jason Bunkowski Otter Tail County Attorney 24787 Tri Lakes Drive 121 West Junius Avenue Pelican Rapids, MN 56572-7555 Fergus Falls, MN 56537 Non-Consent Items Absentee Ballot Board Appointments Motion by __________, second by __________ and unanimously carried to appoint the following individuals to the Otter Tail County Absentee Ballot Board for the processing of absentee ballots issued and received under the provisions of Minnesota Statutes 203B.04 through 203B.15 and Minnesota Statutes 203B.16 through 203B.27 for the August 13, 2024 State Primary Election and the November 5, 2024 State General Election and to establish compensation for those services at $21.00 per hour with a reimbursement for travel at $0.67 per mile. Valerie Nelson HIGHWAY OTTERTAIL 505 South Court Street, Suite 1 Fergus Falls, MN 56537 COUNTY -MINNESOTA 218-998-8470 ® QUOTATION SUMMARY AND RECOMMENDATION FOR AWARD Otter Tail County Highway Department 2024 Highway Signing Materials Quotes Received Until June 21 , 2024 Otter Tail County Highway Department 505 South Court Street, Suite 1 Fergus Falls, MN Engineer's Estimate M-R Sign Company, Inc. Fergus Falls, MN Newman Signs, Inc. Jamestown, ND $141,947.50 Quote Amount $122,797.95 $125,412.96 I recommend award of this project to M-R Sign Company, Inc. of Fergus Falls, MN with the lump sum low quote of $122,797.95. Respectfully Submitted, Otter Tail County Highway Dept. OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ ottertailcounty.gov LIVE YOUR best l(f'e HERE. OTTER TAIL COUNTY HIGHWAY DEPARTMENT ABSTRACT OF QUOTES -2024 HIGHWAY SIGNING MATERIALS M-R Sign Company Newman Signs, Inc. Categorv No. 1 -Signs Engineer's Estimate Fergus Falls, MN Jamestown, ND Alum. Punch Unit Unit Unit Code No. Sign Size Image Message Color Gauge Code Qty. Price Amount Price Amount Price Amount R1-1 30x30 0 STOP White on Red 0.080 A-1 400 $ 42.05 $ 16,820.00 $ 36.28 $ 14,512.00 $37.87 $ 15,148.00 • A-2 R1-1 36x36 STOP 0.1 0.100 24" Double 30 $ 60.00 $ 1,800.00 $ 57.90 $ 1,737.00 $59.41 $ 1,782.30 • A-2 R1-1 48x48 STOP White on Red 0.080 30" Double 40 $ 100.00 $ 4,000.00 $ 100.60 $ 4,024.00 $90.00 $ 3,600.00 SPEED LIMIT R2-1 24x30 30 Speed Limit 30 Black on White 0.100 F-1 50 $ 41.25 $ 2,062.50 $ 33.50 $ 1,675.00 $35.02 $ 1,751.00 R2-1 24x30 ~ Speed Limit 35 Black on White 0.100 F-1 10 $ 41.25 $ 412.50 $ 33.50 $ 335.00 $35.02 $ 350.20 · SPEED LIMIT R2-1 24x30 40 Speed Limit 40 Black on White 0.100 F-1 10 $ 41.25 $ 412.50 $ 33.50 $ 335.00 $35.02 $ 350.20 SPEED LIMIT R2-1 24x30 45 Speed Limit 45 Black on White 0.100 F-1 10 $ 41.25 $ 412.50 $ 33.50 $ 335.00 $35.02 $ 350.20 SPEED LIMIT R2-1 24x30 50 Speed Limit 50 Black on White 0.100 F-1 10 $ 41.25 $ 412.50 $ 33.50 $ 335.00 $35.02 $ 350.20 ~ E-2 R3-7R 30x30 Right Lane Must Turn Right Black on White 0.080 24" Double 30 $ 45.50 $ 1,365.00 $ 36.28 $ 1,088.40 $ 37 .87 $ 1,136.10 DO . F-2 NOT R4-1 24x30 PASS Do Not Pass (Special Punch) Black on White 0.080 18" Double 30 $ 42.75 $ 1,282.50 $ 29.88 $ 896.40 $ 31.51 $ 945.30 R8-3 18x18 ® No Parking Symbol Red & Black on White 0.080 E-1 50 $ 26.75 $ 1,337.50 $ 16.53 $ 826.50 $ 18.31 $ 915.50 OTTER TAIL COUNTY1 M1-X4 24x24 #1 Black on White 0.080 See Pg 5 10 $ 30.00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 OTTER TAIL COUNTY M1-X4 24x24 13 #13 Black on White 0.080 See Pg 5 10 $ 30.00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 OTTER TAIL COUNTY M1-X4 24x24 47 #47 Black on White 0.080 See Pg 5 10 $ 30.00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 OTTER TAIL COUNTY M1-X4 24x24 54 #54 Black on White 0.080 See Pg 5 10 $ 30.00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 OTTER TAIL M1 -X4 24x24 COUNTY #56 Black on White 0.080 See Pg 5 10 $ 30 .00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 2024 Abstract of Bids Eng Estimate.xlsx M1-X4 24x24 M1-X4 24x24 M1-X4 24x24 M1-X4 24x24 M2-1 21x15 M5-L 21x15 M5-R 21x15 M7-1 12x9 W1-1L 30x30 W1 -1R 30x30 W1-2L 30x30 W1-2R 30x30 W1-4L 30x30 W1-4R 30x30 W1-7 48x24 W1-8 18x24 W2-1 30x30 W2-2 30x30 OTTER TAIL COUNTY OTTER TAIL COUNTY 123 OTTER TAIL COUNTY 125 OTTER TAIL COUNTY 127 Ll_ CT] 1.,, [a = <5> <e> <S> 0 <S> 0 l.+I $ ~ #67 #123 #125 #127 ASR Left Turn Right Turn Left Curve Right Curve Reverse Left Curve Reverse Right Curve Chevron Intersection Side Road Black on White Black on White Black on White Black on White Black on White Black on White White on Green White on Green Black on Yellow Black on Yellow Black on Yellow Black on Yellow Black on Yellow Black on Yellow Black on Yellow Black on Yellow Black on Yellow Black on Yellow 0.080 See Pg 5 10 $ 0.080 See Pg 5 10 $ 0.080 See Pg 5 10 $ 0.080 See Pg 5 10 $ G-2 0.080 18" Double 60 $ G-2 0.080 18" Double 20 $ G-2 0.080 18" Double 20 $ 0.100 E-1 100 $ 0.080 C-1 10 $ 0.080 C-1 10 $ 0.080 C-1 240 $ 0.080 C-1 240 $ 0.080 C-1 30 $ 0.080 C-1 20 $ F-2 0.100 36" Double 100 $ 0.080 C-1 400 $ 0.080 C-1 10 $ 0.080 C-1 10 $ 30 .00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 30.00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 30.00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 30.00 $ 300.00 $ 24.75 $ 247.50 $ 29.03 $ 290.30 20.00 $ 1,200.00 $ 15.21 $ 912.60 $ 17.22 $ 1,033.20 16.65 $ 333.00 $ 15.21 $ 304.20 $ 17.22 $ 344.40 16.65 $ 333.00 $ 15.21 $ 304.20 $ 17.21 $ 344.20 15.00 $ 1,500.00 $ 7.39 $ 739.00 $ 10.31 $ 1,031 .00 43.50 $ 435.00 $ 36.91 $ 369.10 $ 38.06 $ 380 .60 43.50 $ 435.00 $ 36.91 $ 369.10 $ 38.06 $ 380.60 43.50 $ 10,440.00 $ 36.91 $ 8,858.40 $ 38.06 $ 9,134.40 43.50 $ 10,440.00 $ 36.91 $ 8,858.40 $ 38.06 $ 9,134.40 40.13 $ 1,203.90 $ 36.91 $ 1,107.30 $ 38.06 $ 1,141.80 40.13 $ 802.60 $ 36.91 $ 738.20 $ 38.06 $ 761 .20 63.00 $ 6,300.00 $ 52.60 $ 5,260.00 $ 53.92 $ 5,392.00 24.10 $ 9,640.00 $ 19.93 $ 7,972 .00 $ 21 .19 $ 8,476.00 48 .50 $ 485.00 $ 36.91 $ 369.10 $ 38.06 $ 380.60 43.25 $ 432.50 $ 36.91 $ 369.10 $ 38.06 $ 380.60 2024 Abstract of Bids Eng Estimate.xlsx W2-4 30x30 ~ Black on Yellow 0.080 C-1 10 $ 43.25 $ 432.50 $ 36.91 $ 369.10 $ 38.06 $ 380.60 <y C-2 W3-1 36x36 Stop Ahead Symbol Black & Red on Yellow 0.100 24" Double 70 $ 77.00 $ 5,390.00 $ 65.67 $ 4,596.90 $ 73.61 $ 5,152.70 W10-1 36" @) Railroad Crossing Black on Yellow 0.100 18" Double W11 -6 30x30 ~ Snowmobile Symbol Black on Yellow 0.080 C-1 10 $ 73 .00 $ 730.00 $ 66.10 $ 661.00 $ 63.34 $ 633.40 10 $ 45.80 $ 458.00 $ 36.91 $ 369.10 $ 38.06 $ 380.60 24" Double & W14-3 48x48x36 No Passing Zone Black on Yellow 0.100 Single 520 $ 47.30 $ 24,596.00 $ 49.00 $ 25,480.00 $ 41 .95 $ 21,814.00 W14-3 64x64x48 No Passing Zone Black on Yellow 0.100 30" Double 40 $ 87 .60 $ 3,504.00 $ 96.81 $ 3,872.40 $ 89.31 $ 3,572.40 M4-6 24x12 [END ] Black on White 0.080 G-2 30 $ 17.75 $ 532.50 $ 14.25 $ 427.50 $ 16.24 $ 487.20 V Black on Yellow w/ C-2 W3-5 36x36 , Speed Limit No Number White Sign 0.100 24" Double 20 $ 78.80 $ 1,576.00 $ 66.88 $ 1,337.60 $ 73.78 $ 1,475.60 s X4-4L 12x36 ~-Clearance Marker Black on Yellow 0.080 F-1 20 $ 25.25 $ 505.00 $ 19.93 $ 398.60 $ 21 .14 $ 422.80 X4-4R 12x36 ~ Clearance Marker Black on Yellow 0.080 F-1 20 $ 25 .25 $ 505.00 $ 19.93 $ 398.60 $ 21.14 $ 422.80 ~ Black on Flourescent S3-1 30x30 School Bus Stop Ahead Yellow-Green w/Red 0.080 C-1 20 $ 45.50 $ 910.00 $ 36.91 $ 738.20 $ 39.29 $ 785.80 W13-1 • 24x24 ~ Advisory Black on Yellow 0.100 E-1 H W13-1 24x24 ~ Advisory Black on Yellow 0.100 H E-1 W13-1 24x24 ~ Advisory Black on Yellow 0.100 E-1 H 10 $ 33.50 $ 335.00 $ 28.05 $ 280.50 $ 29.60 $ 296.00 30 $ 33.50 $ 1,005.00 $ 28.05 $ 841 .50 $ 29.60 $ 888.00 20 $ 33.50 $ 670.00 $ 28.05 $ 561 .00 $ 29.60 $ 592.00 40 MPH W13-1 24x24 Advisory Black on Yellow 0.100 E-1 10 $ 33.50 $ 335.00 $ 28.05 $ 280.50 $ 29.60 $ 296.00 45 MPH W13-1 24x24 Advisory Black on Yellow 0.100 E-1 20 $ 33 .50 $ 670.00 $ 28.05 $ 561.00 $ 29.60 $ 592.00 50 MPH W-13 24x24 Advisory Black on Yellow 0.100 E-1 20 $ 33.50 $ 670.00 $ 28.05 $ 561 .00 $ 29.60 $ 592.00 2024 Abstract of Bids Eng Estimate.xlsx OTC 911 30x10 I co HWY 1 I White on Green 0.100 See Pg 3 50 $ 34.00 $ 1,700.00 $ 21.92 $ 1,096.00 $ 23.38 $ 1,169.00 OTC 911 30x10 I co HWYB I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 21.92 $ 438.40 $ 23.38 $ 467.60 OTC 911 36x10 !co HWY 13 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 lco HWY 1a White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 lco HWY22 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 ICOHWY24 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 lco HWY29 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 lco HWY33 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 lco HWY 411 White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 1co HWY44 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 lco HWY46 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 jco HWY47 I White on Green 0.100 See Pg 3 25 $ 34.00 $ 850.00 $ 24.49 $ 612.25 $ 26.48 $ 662.00 OTC 911 36x10 lco HWY49 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 ICOHWY53 I White on Green 0.100 See Pg 3 40 $ 34.00 $ 1,360.00 $ 24.49 $ 979.60 $ 26.48 $ 1,059.20 OTC 911 36x10 lco HWY75 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 jco HWY 111 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 lco HWY 119 I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 2024 Abstract of Bids Eng Estimate.xlsx OTC 911 36x10 !co HWY 122 I White on Green 0.100 See Pg 3 OTC 911 36x10 lco HWY 125 j White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 OTC 911 36x10 !co HWY 127 I White on Green 0.100 See Pg 3 10 $ 34.00 $ 340.00 $ 24.49 $ 244.90 $ 26.48 $ 264.80 OTC 911 36x10 !co HWY 12a I White on Green 0.100 See Pg 3 20 $ 34.00 $ 680.00 $ 24.49 $ 489.80 $ 26.48 $ 529.60 24x12 Warning No Driving in Ditch Black on Yellow 0.080 C-1 20 $ 25.75 $ 515.00 $ 14.45 $ 289.00 $ 17.45 $ 349.00 Uni-24W 22x9 Object Markers/Delineators White 100 $ 20.00 $ 2,000.00 $ 11.33 $ 1,133.00 $ 21.77 $ 2,177.00 $138,146.50 $119,221.95 $ 121,012.80 2024 Abstract of Bids Eng Estimate.xlsx Category 2 Enqineer's Estimate M-R Sign Company Newman Signs, Inc. Unit Size Type Messaae Color of Scotchlite Quant. Unit Price Amount Unit Price Amount Price Amount Roll-up Sign Stands or equal (Bone SZ 412-S) 12 $ 90.00 $ 1,080.00 $ 88.00 $ 1,056.00 $ 84.95 $ 1,019.40 Black on 48"x48" Roll-up SiQns Flaaaer Symbol with Paddle (W-20-7) Fluorescent Orange 12 $ 111.75 $ 1,341.00 $ 105.00 $ 1,260.00 $ 141.96 $ 1,703.52 One Lane Road Ahead Black on 48"x48" Roll-up SiQns (W20-4) Fluorescent Orange 12 $ 115.00 $ 1,380.00 $ 105.00 $ 1,260.00 $ 139.77 $ 1,677.24 Category No. 2 Total $ 3,801.00 $ 3,576.00 $ 4,400.16 Grand Total $141,947.50 $ 122,797.95 $ 125,412.96 OTTERTAIL COUNTY -MINNESOTA MEMORANDUM TO: Board of Commissioners FROM: Krysten Foster, County Engineer DATE: July 9, 2024 SUBJECT: County Highway 145 Speed Study Update Recommended Action: HIGHWA" 505 South Court Street, Suite 1 Fergus Falls, MN 56537 • Pass resolution requesting speed study for County Highway 145 between CSAH 72 and CSAH 1. Background Information: The Highway Department received a request to reduce the speed limit along County Highway 145 (north of the intersection of CSAH 72). Currently, the speed limit for the south side of Otter Tail Lake is 30 mph from the public water access to and 35 mph north of CSAH 72 (Beach Bums Eatery) to CSAH 1. Many property owners and visitors utilize this route for walking and recreational biking. Since the time the speed limit was established, some cabins have been converted to year-round residences or remodeled, which changes the character of the road environment more like CSAH 72 south of the County Hwy. 145 intersection. MnDOT requires a County Board resolution to commence a speed study, and some speed studies may result in no changes. This topic was initially discussed through Economic Growth & Community Investment Committee on October 10, 2023 with the intent of requesting the speed study during the summer season. 218-998-8470 ® LIVE YOUR best lU'e HERE. @ ottertailcounty.gov Speed Zone Study Request Segment of CH 145 between CSAH 72 & CSAH 1 OTTER TAIL COUNTY RESOLUTION NO. 2024 -__ WHEREAS, many residents and visitors have requested Otter Tail County take such action as may be necessary in order to pursue a reduced speed limit on the segment of County Highway (CH) No. 145 between CSAH 72 & CSAH 1, and WHEREAS, Otter Tail County request that such action as may be necessary in order to pursue decreasing the speed limit on this segment of CH No. 145, and WHEREAS, Otter Tail County believes that a speed zone study on this segment of CH 145 would be beneficial in this area. NOW THEREFORE BE IT RESOLVED THAT, Otter Tail County does hereby request that this area of CH 145 be studied by the Minnesota Department of Transportation to determine the need for a revised speed zone or zones, if any. BE IT ALSO RESOLVED, that the Minnesota Department of Transportation proceed with establishing a legal speed zone if the findings of the traffic study are supportive. The motion for the adoption of the foregoing resolution was introduced by Commissioner _____ _ duly seconded by Commissioner _______ and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 9th day of July 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: _______________ _ Kurt Mortenson, Board of Commissioners Chair STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) Dated: July 9, 2024 Attest: ____________ _ Nicole Hansen, Clerk I, Nicole Hansen, the County Administrator, do hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by Otter Tail County at a duly authorized meeting therefore held on the 9th day of July 2024. Nicole Hansen, Clerk OTTERTAIL COUNTY -MINNESOTA MEMORANDUM TO: Board of Commissioners FROM: Krysten Foster, County Engineer DATE: July 9, 2024 SUBJECT: CSAH 6 Grade Raise Scope Amendment Recommended Action : HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537 • Authorize County Engineer to approve Houston Engineering, Inc. cost amendment in the amount of $181,096.00 to accelerate CSAH 6 grade raise at Nelson Lake. Background Information: It had been the county's intent to construct the lake outlet, which requires advanced water quality studies, concurrent with the highway grade raise. After further consultation with Department of Natural Resources (DNR) permitting staff and considering the recent highway closure due to overtopping at this location, the enclosed amendment represents a shift to focus on the grade raise investment as a Phase 1 project with the offtake ditch to follow as a Phase 2 investment. Original Approach: Permitting coordination for both road raise and offtake ditch since 2020 Proposed Approach: Design, Permitting, and Right-of-Way Acquisition for Phase 1 218-998-8470 ® Authorize final design services and right-of- way acquisition Bidding and Construction of Phase 1 (road raise) LIVE YOUR best life HERE. @ ottertailcounty.gov If construction proceeds this year, the estimated cost for Phase 1 is around $2 million, which could be accommodated within the department's construction budget (due to the delay of other projects that were previously scheduled for the 2024 construction season). The estimated cost for the Phase 2 offtake ditch is around $1.2 million in 2025 dollars. The original contract for this project was approved on April 14, 2020 and amended on September 28, 2022 and September 12, 2023. ■ Ill I HOUSTON ■ ... ENGINEERING INC July 1, 2024 Otter Tail County Attn : Krysten Foster, County Engineer 505 South Court Street, Suite 1 Fergus Falls, MN 56537 Thief River Falls Office 218.681.2951 218.681.2987 208 4t Street East Thief River Falls, MN 56701 via email: kfoster@ottertailcounty.gov Subject: Proposed Amended Scope and Fee for Engineering Se rvices CSAH 6 Flood Mitigation at Nelson Lake -Additional Permitting and Design Dear Krysten, We appreciate the opportunity to provide engineering services for the establishment of a new outlet for Nelson Lake and design of a grade raise for CSAH 6 in the interest of relieving local flooding, primarily focused on Otter Tail CSAH 6. Houston Engineering, Inc. (HEI) has prepared this amended scope of services and the associated fee breakdown for engineering services to supplement the original scope of services proposed April 23, 2020, and subsequently amended on August 31 , 2023. This proposed amended scope of services includes revisions and additional scope of work to the original proposed preliminary design and plan which consisted of an outlet system to Nelson Lake, previously proposed as CD 71 draining to Fish Lake. The amended scope of work includes the modification of the outlet elevation as well as the addition of designing a grade raise for CSAH 6. The combination of the grade raise with the constructed outlet is intended to help address comments and concerns from permitting agencies and stakeholders, while providing effective and safe road conditions. The outlet will provide a managed lake level, to provide consistent, known high water, so the road will not be subject to fluctuating water levels. The road will then be raised to an effective freeboard to mitigate water overtopping or weakening the road cross section. There are three primary tasks associated with the revised scope of services. The primary deliverables and associated phases include: 1) Revised Flood Mitigation Approach . The road raise and lake outlet approach described above requires an update to the lake hydraulic assessment, revised concept schematics, and a memo that will serve as an amendment to the Preliminary Engineers Report (dated 4/15/2021) primarily to document the updated hydraulics. For the final design of the lake outlet, it is still assumed that the project will be generally consistent with the preliminary construction plans dated March 18, 2021 , with an updated lake runout elevation. Results of this phase will be used to justify the hydraulic capacity of the lake outlet facility, basis for environmental impacts along the outlet corridor, verification of lake level bounce for design runoff events, and justify to funding agencies and the general public the purpose and need for the lake outlet. 2) CSAH 6 Road Raise. The road raise will require design development of the corridor, anticipated to be approximately one mile of road reconstruction, grade raise, roadbed stability, and road slope erosion protection. Services include survey, alternatives review/summary/recommendation (3 alternatives), preliminary design (plans and engineers estimate), final design (plans, specifications and engineers estimate), and preparation of full bid proposal and associated contract documents for ■ --1 HOUSTON ■ .. ENGINEERING INC. Proposed Amendment to the Original Scope and Fee for Engineering Services July 1,2024 Page 2 bidding and construction. Additional services include legal boundary survey work, legal Right-of-Way boundary alignments, slope protection, and utility coordination and accommodation. 3) CSAH 6 Road Raise Permitting. Permitting work is continuing for the lake outlet work, however the impacts due to the road raise will need to be permitted. Anticipated impacts to public waters and wetlands will require permits from WCA, USACE, DNR, and the MPCA. Wetland permitting will require a field wetland delineation of approximately 0.90 miles along County Road 6. The delineation includes GPS points and wetland boundaries for sub-meter accuracy. HEI will deliver a wetland delineation report following the fieldwork and submit the report for WCA concurrence. In the interest of schedule for the project due to road conditions , we propose to distinguish the permits into separate applications for the road grade raise and the lake outlet. This will expedite the road grade project while permitting work continues on the outlet project. 4) Water Quality and Lake Response Modeling. Prior project history and an early coordination meeting with MnDNR staff and MPCA have expressed concerns for impacts to downstream water bodies that the proposed lake outlet could pose. It is understood that the project will require a study of the water quality impacts to downstream lakes, given the release of water from Nelson Lake. The study will identify impacts of phosphorus loading and biological oxygen demand and discuss the significance or implications. It is anticipated that the study will be furnished to regulatory agencies and will inform the design or operation plan of the CSAH 6 Flood Mitigation project. See the attachments for the associated scope of this work. In addition to the permitting schedule dynamic schedule, it is proposed to complete the road raise work independent of the lake outlet infrastructure project. Considering the highway is under water currently, we propose to accelerate the roadway work to attempt getting the project bid this fall with potential work initiated late fall and completed in early summer 2025 . The tasks and associated deliverables are proposed to be completed by the dates shown in the following table. Task# 1 2 2 3 4 Task and Deliverable Revised Flood Mitigation Approach; Memo CSAH 6 Road Raise: Preliminary Design CSAH 6 Road Raise: Final Design CSAH 6 Road Raise Permitting Water Quality and Lake Response Modeling Est. Completion Date 7/31/2024 8/30/2024 9/27/2024 9/27/2024 9/13/2024 Considering the potential federal and state approved federal disaster designation, we will be available to assist or apply for mitigation funding with the County. If directed by the County, we will add a phase for funding procurement to the scope of work, and develop an associated approved fee. Due to the dynamic nature and unknowns of this scope of services and deliverables, primarily contingent on permitting agency direction, we recommend all work be performed and compensated on a time and materials basis with an estimated fee of $181 ,096. This fee will not be exceeded without prior authorization and a documented scope of work change. The proposed fee is based on the 2024 fee schedule. HEI will communicate task progress, budget, and unforeseen work that may affect the estimated maximum fee as the Proposed Amendment to the Original Scope and Fee for Engineering Services July 1,2024 Page 3 project progresses. I •.. I HOUSTON ■ 1111 ENGINEERING INC. It is planned that the lake outlet project permitting will continue to be conducted in 2024, subsequently final design and right of way acquisition will follow, bidding in early 2025, and construction is targeted to be initiated in 2025. This general schedule is obviously contingent on agency requirements, public comment, and permit approval. For reference and review, the following documents are understood as associated with this scope and fee agreement: Water Quality and Lake Response Modeling scope 07/01/2024 Scope and Fee Schedule We greatly appreciate our continued opportunities to work with the Otter Tail County Board and Highway Department. We also understand the urgency of completing the road raise, primarily, and will proceed with this understanding. We look forward to providing our engineering expertise and completing the tasks at hand to complete the project. Please let us know if you have any questions or comments. Sincerely, Accepted by: Title: Date: SCOPE AND FEE SCHEDULE OTTER TAIL COUNTY -NELSON LAKE OUTLET PROJECT PREPARED SY: HOUSTON ENGINEERING, INC. 7/1/2024 1. Revised Flood Miti1ation Approach Houston Engineering Inc. Engineer 13 S 259perhour Revised Mitigation Approach (including road raise and lake outlet schematics) Revised lake outlet -Incorporate revisions into previously developed ptanset Update Hydraulics for revised lake outlet elevation Memo Amending Preliminary Engineers Report 0 $0 2, CSAH 6 Road Raise Hi1hway Desi1n and PSE Topo and Legal Survey 1 Concept/Alternatives Summary• 3 alternatives 1 Utility Coordination/ Accommodation Prelimlnary Design and Plans, Specs, Eng Est (30%, 60%, 90% (draft final)) 2 Final Design Plans, Specifications/Div S, Engineers Estimate, Full Bid Proposal 4 8 $1,071 3. CSAH 6 Road Raise Permittln1 Wetland Delineation Reports and b.hlbits along CSAH 6 corridor Addition of road raise Permit Applications (WCA, USACE 404, ONR, MPCA 401 and NP DES, County Shore land) 0 so 4. Water Quality and Lake Response Modelln1 Data Acquisition BATHTUB modeling of Nelson, Fish, Twin, and Miltona Flow Frequency Analysis Documentation (technical report and 2-page executive 1ummary) AgencySubmittals, Meetings and Response to Comments 0 so 8 $2,072 Engineer 12 S 250perhour 8 4 4 2 18 $4,500 2 4 2 12 8 18 S 7,000 ' 8 S 2,000 6 1 2 ' 20 37 S 9,250 91 $22,750 Engineer9 Engineers Engineer3 S 218 per hour S 176 per hour S 156 per hour 12 8 12 24 8 18 40 41 0 $8,710 $7,391 $0 6 24 8 20 24 32 80 12 6 12 74 J8 111 $16,131 S 6,688 S 17,696 2 8 16 18 8 0 S 3,924 S 1,408 so ' ' 16 • 10 so 0 0 $10,900 $0 so 181 88 111 $39,676 $ JS,488 $17,696 Two-person crew(plus CAD Technician land Surveyor 5 equipment) 3 Scientist6 Scientist4 Expenses Total S 228 per hour S 222 per hour S 118 per hour $ 221 per hour S 178 per hour $1 per hour Cost 24 6 s 8,516 20 s 5,104 s 7,840 s S,412 s 0 0 44 0 6 0 $0 $0 $5,191 so $1,068 so s 26,872 20 46 36 1700 s 22,787 24 2 s 9,765 s 5,404 100 s 38,822 20 s 10,964 10 45 180 1 0 1700 $4,560 $10,111 $11,140 $ 441 so $1,700 s 87,742 ' 10 36 500 s 11,906 16 4 40 s l S,380 s 0 0 14 14 75 500 so $0 $1,831 $3,094 S 13,528 $500 $ 17,186 9 s 4,846 40 s 9,114 28 s 8,972 20 s 7,304 10 s 8,960 0 0 0 0 107 0 so $0 so $0 S 19,046 $0 $ 39,196 10 •• 148 16 189 2200 $4,56-0 $ J0,212 $29,264 $3,536 $33,642 $2,200 $ JBJ,096 ATTACHMENT A CSAH 6 Flod Mitigation Water Quality and Lake Response Modeling SCOPE OF SERVICES HEI has a team of scientists and engineers with a wide range of expertise that will provide a holistic approach to lake management considering both water quality and water quantity, and their relationship to downstream phosphorus dynamics. This approach extends to communication throughout the project with other governmental units such as Otter Tail County, lake associations, and the general public. HEI will summarize the results after the project in a way that is understandable to all of these groups so they can fully comprehend the management decisions being made by Otter Tail County. Project Understanding UNDERSTANDING THE PROBLEM We understand that Nelson Lake is flooding a county road and local property and Otter Tail County is proposing to construct a high water outlet for Nelson Lake at the OHW. The outlet from Nelson Lake would drain to Fish Lake. Fish Lake already drains south to Twin Lakes and eventually into Lake Miltona. Nelson, Fish , and Twin Lakes are impaired for nutrients, and Fish Lake also has a popular local fishery . There are local concerns that outlet water from Nelson Lake into this system could negatively impact the fishery in Fish Lake and increase phosphorus concentrations downstream in Lake Miltona. This project would quantify the following items in each downstream lake if an outlet was constructed for Nelson Lake: • phosphorus loading, which could indicate impacts on water quality • biological oxygen demand, which could indicate impacts on fisheries RELATED EXPERIENCE HEI has extensive experience in lake modeling projects. We have modeled individual lakes for assisting in management decisions and for setting Total Maximum Daily Loads (TMDLs). Past and HEI PROPOSAL JULY 6, 2021 OTTER TAIL COUNTY NELSON LAKE OUTLET LAKE MODEL current projects that provide background knowledge for this proposed project include: • Matejcek Reservoir BATHTUB model (North Dakota) • Arrowhead Lake BATHTUB model (Crow Wing County) • Otter Tail River Watershed Total Maximum Daily Load Report (7 lake models) • Buffalo River Watershed Total Maximum Daily Load Report (23 lake models) • Minnesota River-Headwaters Watershed Total Maximum Daily Load Report (4 lake models). • Des Moines River Basin Total Maximum Daily Load Report (23 lake models). Project Approach METHODS We will use a spreadsheet version of the BATHTUB model, developed by W. W. Walker (http://www wwwalker. net/bathtub/help/baihtub\f\/eb Main.html). BATHTUB is a steady-state empirical eutrophication model used to estimate a lake's response to nutrient loading. The benefit of using the spreadsheet version of BATHTUB is that multiple lakes can be modeled in series and changes in upstream lakes is reflected in the downstream lakes. The goal of this modeling effort is to estimate the changes in phosphorus and oxygen demand in the downstream lakes (Fish, Twin, and Miltona Lakes) due to the proposed drawdown of Nelson Lake. The segmented, multiple reservoir scheme represented in Figure 1 is recommended. Nelson Fish Twin Figure 1. BATHTUB reservoir scheme. TASKS The following tasks are needed to conduct this investigation. Miltona Task 1: Collect necessary information to model lakes. Under this task, the needed existing data including lake morphology, observed water quality information, and loading information which is publicly available will be acquired from available sources. This information is needed to develop the lake models. Sources of this information will include the MPCA's EQulS system, Long Prairie River Watershed TMDL, GIS data, and the Long Prairie River HSPF model. Tas k 2: Develop BATHTUB lake models and implement drawdown scenario. BATHTUB lake models will be developed for Nelson, Fish , Twin, and Miltona Lakes. Models will be developed using a spreadsheet version of BATHTUB. The spreadsheet version of BATHTUB allows each model to be run in series , where one model's output can be applied to the downstream lake's inflow and the impacts of the drawdown can be simulated in the downstream lakes. In addition, the lake models will be created in the desktop version of BATHTUB to investigate the changes in oxygen demand in the downstream lakes. Once the lake models are calibrated for existing conditions, future scenarios will be implemented to see the effects on the lakes . The future scenarios will include various operation conditions of the proposed outlet ordinary high water level (OHW) of Nelson Lake and findings will be provided. Task 4: Assess overflow frequency. Conduct an inflow and outflow frequency analysis to determine how often the high-water outlet (at OHW) will be activated and contribute flows downstream. The flow frequency will be based on the water balance of the lake, th e in-flows from the HSPF model, precipitation frequency, and the water level response of the lake. The inflows form HSPF will be used to determine a precipitation/runoff relationship and a lake response model will be developed to determine the response of the lake to various runoff events/conditions. Findings from this task will provide the likelihood of outflow from the high-water outlet. Task 4: Draft technical report and 2-page summary of modeling results. A technical report on the modeling effort will be drafted to describe the modeling effort and summarize modeling results. A two-page executive summary of model results will also be drafted to summarize the findings of the modeling effort in a way that is understandable to the public. Task 5: Agency submittals, meetings, and response to comments. The report will be provided to the ONR for review and comment. This task includes coordination, response to comments , and two virtual meetings with stakeholders. Given the unknown nature of questions and the level of effort HEI PROPOSAL JULY 6, 2021 OTTER TAIL COUNTY NELSON LAKE OUTLET LAKE ODEL for responses, this task was estimate with an allowance of 40 hours of combined time. INDEPENDENT 3Ro PARTY REVIEW To improve trust in the project outcome we can have an independent 3rd party review the model and modeling results and provide'comments HEI will respond to comments and make justified adjustments. • • • CONCENTRATION The amount of phosphorus measured in a unit volume of water, typically reported as: µg/L micrograms per liter LOAD The total aniounc of phosphorus delivered to the lake in a given period of time. typically reported as: mt/yr metric tons per year • Lke Champlain Basin Progr.un Figure 2. Example graphic of concentration versus load for explaining the concept to local residents (from Lake Champlain Basin Program). FINAL DELIVERABLES A detailed report will be written that includes the phosphorus travel and biological oxygen demand in all four lakes under future scenarios. In addition, a two-page summary with graphics explaining the results will be provided for communicating to the public and local government officials. ESTIMATED COST Below is the estimated cost for this project. Task 1: Collect necessary information to model lakes. Task 2: Develop BATHTUB lakes models and implement drawdown scenario. Task 3: Flow frequency analysis Task 4: Draft technical report and 2-page summary of modeling results. Task 5: Agency submittals, meetings, and response to comments HEI PROPOSAL JULY 6, 2021 OTTER TAIL COUNTY NELSON LAKE OUTLET LAKE MODEL HEI Deliverables • Technical report • Two-page executive summary • One Board meeting Anticipated Delivery • August 23, 2024 $4,646.00 $9,114.00 $8,972.00 $7,304.00 $8,960.00 OTTERTAIL COUNTY -MINNESOTA MEMORANDUM TO: Board of Commissioners FROM: DATE: Krysten Foster, County Engineer July 9, 2024 SUBJECT: CSAH 77 Rail Crossing Agreement Recommended Action: HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537 • Approve the Crossing Surface Installation Agreement between Otter Tail County and BNSF Railway Company to replace the existing concrete crossing surface at County State Aid Highway (CSAH) 77 with a new concrete crossing surface. Background Information : When BNSF identifies a crossing that needs repair in Otter Tail County, the county and rail authority historically cost share in these improvements at 50% for each party. Crossings may be replaced based on public complaints or rail operations needs, at the discretion of the rail authority. The next proposed cooperative project with BNSF is the replacement of the CSAH 77 crossing at Bluffton. The Highway Department contributes traffic control devices and approach paving materials to keep project costs as economical as possible. 218-998-8470 @ LIVE YOUR best life HERE. @ ottertailcounty.gov .Ill I'll ,S' F', RA/I.WAY CROSSING SURFACE INSTALLATION AGREEMENT BNSF File No.: BF-20509802 Mile Post 170.36 Line Segment 25 U.S. DOT Number 086424V Staples Subdivision This Crossing Surface Installation Agreement (hereinafter called, this "Agreement") is entered into effective as of _____ , __ , by and between OTTER TAIL COUNTY (hereinafter called, "AGENCY") and BNSF Railway Company (hereinafter called, "BNSF"). WHEREAS, BNSF operates a freight transportation system by rail with operations throughout the United States and Canada; and WHEREAS, AGENCY desires to replace the existing concrete crossing surface at CSAH 77 with a new concrete crossing surface; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1) BNSF Work. The Company will install two new concrete crossing surfaces for a width of 40 feet from the edge of the pavement on the East side of the tracks to the edge of the pavement on the West side of the tracks for each track. The new crossing surface will adequately cover all vehicular driving lanes at CSAH 77. The Company will perform all necessary track upgrades to accommodate the new crossing surface. 2) AGENCY Work. AGENCY must construct the Project as shown on the attached Exhibit A and do all work ("AGENCY's Work") provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. AGENCY must furnish all labor, materials, tools and equipment for the performance of AGENCY's Work. The principal elements of AGENCY's Work are as follows: A. Design and Construction of CSAH 77; B. Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD"); C. Installation of advance warning signs in accordance with the MUTCD; RA/lWAY D. Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way; E. Provide suitable drainage, both temporary and permanent; F. Provide all barricades, lights, flagmen or traffic control devices as necessary, during the installation of the concrete pedestrian crossing surfaces; G. Construct concrete sidewalk surface on approaches to each track, if desired; and H. Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 3) Payment; Invoicing. Upon execution of this Agreement by both parties hereto, Company will send Agency an invoice detailing the total amount owed by Agency for the new crossing surface. Company shall send to Agency a final invoice upon completion and Agency shall pay the final invoice within 30 days of receipt. Agency agrees to pay Company One Thousand and No/100 Dollars ($1,000.00) per foot for the new crossing surface. Agency's ESTIMATED total cost for the new crossing surface is Eighty Thousand and No/100 Dollars ($80,000.00). 4) Maintenance of the Crossing Surface. After installation of the new crossing surface is completed, BNSF will maintain, at its own cost and expense, the crossing surface, against normal wear and tear, in a satisfactory manner for the expected life of the crossing surface. Notwithstanding the preceding sentence, BNSF shall be entitled to receive any contribution toward the cost of such maintenance made available by reason of any existing or future laws, ordinances, regulations, orders, grants, or other means or sources. 5) Vehicular Traffic during Installation. The AGENCY shall provide, at its own cost and expense, all necessary barricades, lights or traffic control devices for detouring vehicular/pedestrian traffic at the CSAH 77 crossing during installation of the new crossing surface. 6) Drainage. The AGENCY agrees to allow BNSF to drain water from the CSAH 77 crossing area into existing AGENCY storm sewers, if such storm sewers are available. Drain pipes and filter fabric necessary for such drainage will be furnished and installed by BNSF. 7) Roadway Surfacing Work. The AGENCY agrees to provide, at its sole cost and expense, enough asphalt to cover the distance between the existing roadway surface at CSAH 77 and the new crossing surface on both sides of the track as well as the area between the tracks. RA/l.WAY 8) Contractor Requirements: AGENCY must require its contractor to comply with the obligations set forth in this Agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor, the provisions set forth in Exhibit C and Exhibit C-I, attached hereto and by reference made a part hereof. No work shall be commenced within BNSF's right of way until the AGENCY's contractor shall have (i) executed and delivered to BNSF an agreement in the form of said Exhibit C-1 and (ii) delivered to and secured BNSF's approval of the required insurance. 9) Term. This Agreement begins on the effective date set forth above and remains in effect until completion of all work contemplated in this Agreement and AGENCY's payment of the amounts set forth in Section 3 above. .1!16' Ill .:;s; F'. RA/I.WAY IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first written above. BNSF Railway Company: By: ____________ _ Printed Name: ----------- Title: AGENCY: OTTER TAIL COUNTY By: Printed Name: Krysten Foster, P.E. Title: County Engineer 1:!11'111 .s; F'. RA/lWAY Exhibit A RA/LWAY .L!l.111' ~,IF', RAILWAY EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the reconstruction of the railroad crossing surface approaches and associated traffic control at CSAH 77 (DOT 086424V) in Bluffton, MN . • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: HA,LWAI" • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify Otter Tail County and Railway's Manager Public Projects, telephone number 763-782-3476 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file BF-20509802. • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.BNSFContractor.com . The Contractor RA/L.W.AY must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer Tyrel Antonich at (406) 672-9242 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15'-0" • 21 '-6" • 27'-0" ■ 28'-0" ■ 30'-0" ■ 34'-0" Horizontally from centerline of nearest track Vertically above top of rail Vertically above top of rail for electric wires carrying less than 750 volts Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 25' ■ 23' 6" Horizontally from centerline of nearest track Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to Otter Tail County and must not be undertaken until approved in writing by the Railway, and until Otter Tail County has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for RA/L W AY protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by Otter Tail County for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1 (800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.BNSFContractor.com , which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. • 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad's RA/LWAY property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.eRailsafe.com , in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster Albert Mattison (telephone 320-259-3235) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. RA/LWAY • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by Otter Tail County. The estimated cost for one (1) flagger is approximately between $1,200.00-$2,000.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average train traffic on this route is 46 freight trains per 24-hour period at a timetable speed 75 MPH and 2 passenger trains at a timetable speed of 79 MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker RA/LWAY Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1 (800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.BNSFContractor.com , however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE -Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) HA/i.WAY • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below -15 feet; 200 to 350 KV -20 feet; 350 to 500 KV -25 feet; 500 to 750 KV -35 feet; and 750 to 1000 KV -45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative Albert Mattison (320- 259-3235). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07 .02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. .Ell'.,., .:!!!ii' F'. RAILWAY • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1 (800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1 (817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. RA/LWAY RA/LWAY N□N-EMPL□YEE PERS□NAL INJURY DATA C □LLECTl□N (If injuries are in connection with rail equipment accident/incident. highway rail grade crossing accident or automobile accident. ensure that appropriate information is obtained. forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: D Passenger on train (C) D Nan-employee (N) (i.e., emp of another railroad or. non-BNSf emp involved in vehicle accident including company vehicles) D Contractor/safety sensitive (F) D Contractor/nan-safety sensitive (G) D Volunteer/safety sensitive (H) D Volunteer/other non-safety sensitive (I) D Non-trespasser (0) -to include highway users involved in highway rail grade crossing accidents who did not go around or through gates D Trespasser (E) -to include highway users involved in highway rail grade crossing accidents who went around or through gates D Non-trespasser (J) -Off railroad property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@l8NSF.com Officer Providing Information: (Name) (Employee No.) (Phone#) REP□RT PREPARE□ T□ C□MPLY WITH FEDERAL ACCIDENT REPORTING REOUIREMENTS AN□ PROTECTED FR□M DISCLOSURE PURSUANT T□ 48 U.S.C. 2□8□3 AND 83 U.S.C. 48□ .El Ill 4fii; I='. RA/I.WAY Contract Number: BF-20236426 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY ANO IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. I. Accident City/St: County: (if nan BNSF location) Mile Past/ Line Segment: 5. Driver's License Na (and state) or other 10: S. Name (last. first. mi): 7. Address: 8. Date of Birth: 2. Date: 3. Temperature: City: ----- and/or Age: ---(if available) 3hane Number: ___________ Employer: Time: 4. Weather: SSN (required): St: Zip: Gender: 9. Injury: ________________ 10. Bady Part: _____ _ (i.e .. Laceration, etc.) (i.e .. Hand, etc.) II. Description of Accident (Ta include location, action, result. etc.): 12. Treatment: □ First Aid Only D Required Medical Treatment ----- ----------------------------□ Other Medical Treatment 13. Or. Name: 14. Or. Address: Street: 15. Hospital Name: IS. Hospital Address: Street: 17. Oiaanasis: Date: City: -------- 17 of 27 City: -------- St: Zip: St: Zip: RA/I.WAY Contract Number: BF-20236426 EXHIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: ________________ _ Agency Project: ______________________ (hereinafter called "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated ________ , with OTTER TAIL COUNTY for the performance of certain work in connection with the following project: reconstruction of the railroad crossing surface approaches and associated traffic control at CSAH 77 (DOT 086424V) in Bluffton, MN. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for OTTER TAIL COUNTY (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, 18 of 27 .Ell' Ill .:t!!fii; I=' RA/lWAY Contract Number: BF-20236426 EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 19 of 27 E,.111 .:,s; I=' 3) RA/I.WAY Contract Number: BF-20236426 INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. 20 of 27 RAl'I.WAY Contract Number: BF-20236426 No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. + The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: • Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. + Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. 21 of 27 RA/I.WAY Contract Number: BF-20236426 A. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: • Endorsed to include the Pollution Exclusion Amendment • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement • Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. 22 of 27 R,,.'1/l.WAY Contract Number: BF-20236426 Contractor is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www .certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non- renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. 23 of 27 RA/I.WAY Contract Number: BF-20236426 If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes 24 of 27 .IEil IV J!!!ii; I='. 1) RA/lWAY Contract Number: BF-20236426 (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 25 of 27 2) RA/I.WAY Contract Number: BF-20236426 TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's representative Albert Mattison 320- 259-3235 (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. 26 of 27 RAU.WAY Contract Number: BF-20236426 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. Contractor Legal Name By:------------ Printed Name: ---------- Title: ____________ _ Contact Person: ---------- Address: ___________ _ City: _____________ _ State: ____ Zip: _______ _ Fax: _____________ _ Phone: ____________ _ E-mail: ____________ _ 27 of 27 BNSF Railway Company By: ___________ _ Name: ____________ _ Manager Public Projects Accepted and effective this ___ day of 20_. EMPLOYEE RELATIONS DATA PRIVACY SECTION 415 415.10 MINNESOTA GOVERNMENT DATA PRACTICES ACT Chapter 13, Minnesota Government Data Practices Act, regulates all government data collected, created, received, maintained, disseminated, or stored by a state agency, political subdivision (county) or statewide system regardless of its physical form, storage, media, or condition of use. County departments maintain this data which can be classified as public, private, confidential, nonpublic, and protected nonpublic. See the County’s Minnesota Government Data Practices Act Guidelines and Procedures policy for additional information. 415.20 PERSONNEL DATA Minnesota Statute Section 13.43 defines personnel data as government data on individuals maintained because the individual is or was a county employee or was an applicant for employment, volunteer, or independent contractor. Public data on employees is generally: Name Employee identification number Salary and benefits Job title and bargaining unit, job description, education and training background, and previous work experience Hire and termination dates Existence and status of complaints or charges, and final disposition of disciplinary action Work location and telephone number Work-related education, honors and awards Payroll timesheets Information not classified as public is generally considered private and can be viewed only by the employee, supervisor, and employees performing human resources or payroll functions. Other individuals may generally review this private material upon the employe’s written authorization. 415.30 LABOR UNIONS Under Minnesota Chapter 179A, the County is mandated to provide the following data about dues paying members and non-dues paying members every 120 days to union business agents: Name Job title Worksite location, including where inside the location Home address Work phone number Home phone number, on file OTTERTAIL COUNTY -MINNESOTA > > > > > > > > > > > > > > > 2 Personal cell phone, number on file Date of hire Work email address Personal email address, on file The county must provide this information within 20 calendar days from the start date of an employee in a bargaining unit. The county must also notify the union within 20 calendar days when an employee separates from employment or moves into another position not in their bargaining unit. Private personnel data about employees will also be provided to unions to investigate and process grievances. 415.40 Data Protection As set forth under Minn. Stat. §13.05, Otter Tail County is required to set forth procedures for ensuring data that are not public are only accessible or only to be accessed by an employee with a business need or work assignment. Protected data, including private and confidential, is available through various software and systems that employees utilize on a regular basis to perform their job responsibilities and tasks. Examples of these systems include the following: MNDRIVE – Minnesota License and Registration SSIS – Minnesota’s Social Services Information System MGA – Minnesota electronic court records and documents Medical Records Laserfiche – Employee personnel records This list is not exhaustive as multiple software systems and data are managed in county departments and offices. Accessing a data repository in any format for data that is not related to a work assignment or business need is subject to discipline. Additionally, civil penalties and criminal penalties can be pursued under Minn. Stat. §§13.08 and 13.09. The State of Minnesota regularly monitors its software systems containing protected data and provides a notification if there is belief that data was accessed improperly. Departments utilizing state systems will identify a supervisory position as the main contact for reporting possible violations. Additionally, if a violation is reported, the Human Resources Director is to be notified and consulted during an investigation into the report. If it is determined that an employee accessed data without a business need or work assignment, consequences may include an unpaid suspension or termination. Personnel Rules Approved by Board of Commissioners on February 6, 2001 Updated and Approved by the Board of Commissioners on December 12, 2023. > > > > > > > > > Drainage Authority Meeting Minutes June 25, 2024 Page 1 of 3 OTTER TAIL COUNTY – MINNESOTA DRAINAGE AUTHORITY MINUTES Government Services Center, Commissioners’ Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN June 25, 2024 | 12:10 p.m. CALL TO ORDER The Otter Tail County Drainage Authority convened at 12:10 p.m. Tuesday, June 25, 2024, at the Government Services Center in Fergus Falls, MN. Commissioners Kurt Mortenson, Chair; Lee Rogness, Vice Chair; Wayne Johnson, Dan Bucholz, and Bob Lahman were present. APPROVAL OF AGENDA & CONSENT AGENDA Chair Mortenson 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 June 25, 2024 as presented and the Consent Agenda of June 25, 2024 as follows: 1. June 11, 2024, Drainage Authority Meeting Minutes 2. Warrants/Bills for June 25, 2024 (Exhibit A) DITCH 46 – TILE Drainage Inspector Colby Palmersheim informed the Drainage Authority about a collapsed tile on County Ditch 46, along the intersection of County Highways 10 and 27, which is causing surface drainage and field flooding. A property owner requested repair, however, Palmersheim noted that the ditch is under original benefits with only four properties paying into the ditch fund and recommends not proceeding with repairs until the ditch has been redetermined. DITCH 47 – TILE Drainage Inspector Colby Palmersheim informed the Drainage Authority about a blocked or collapsed tile on County Ditch 47, south of County Highway 1, which is causing surface drainage and flooding. Palmersheim noted that the ditch is under original benefits with a near zero balance. The Drainage Authority was in consensus for Palmersheim to contact property owners and hold an informal meeting to discuss the tile and see if this issue can be resolved without redetermining the ditch. DITCH 42 – TILE Drainage Inspector Colby Palmersheim informed the Drainage Authority about a plugged or collapsed tile on County Ditch 42, north of County Highway 10, which is causing the Northeast corner of property owner Jared Norgren’s field to flood. Palmersheim noted that the ditch is under original benefits with a negative balance of $20,000. Palmersheim recommends not proceeding with repairs until a redetermination has been completed. Drainage Authority Meeting Minutes June 25, 2024 Page 2 of 3 ADJOURNMENT At 12:25 p.m., Chair Mortenson declared the Otter Tail County Drainage Authority meeting adjourned. The next Drainage Authority meeting will immediately follow the next regular Board meeting on Tuesday, July 9, 2024, at the Government Services Center in Fergus Falls and via livestream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: July 9, 2024 By: _______________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk OTTERTAIL COUNTY -MINNESOTA Drainage Authority Meeting Minutes June 25, 2024 (Exhibit A) Page 3 of 3 Vendor Name ELDI EN/TERRY HOUSTON ENGINEERING INC KUGLER/DOUGLAS LAKES AREA BLASTING LLC TRUENORTH STEEL INC Final Total: Amount 318.84 3,748.50 300.00 965.00 215.84 5,548.18 COMMISSIONER'S VOUCHERS ENTRIES7/3/2024 csteinbach Y N D 4 N Otter Tail County Auditor Audit List for Board Page 1 Print List in Order By: Save Report Options?: Type of Audit List: on Audit List?: Paid on Behalf Of Name Explode Dist. Formulas?: D - Detailed Audit List S - Condensed Audit List 1 - Fund (Page Break by Fund) 2 - Department (Totals by Dept) 3 - Vendor Number 4 - Vendor Name 10:50:53AM r.:1 INTtGRATCO 11:;:.1 FINANCIAL SYSTEMS COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 10:50:53AM7/3/2024 csteinbach County Ditch Fund Copyright 2010-2022 Integrated Financial Systems 22-622-000-0610-6369 1,592.00 CD 10 VIEWERS FEES JUN 2024 1929 Miscellaneous Charges 1 N 22-622-000-0611-6369 692.52 CD 11 VIEWERS FEES JUN 2024 1929 Miscellaneous Charges 2 N 22-622-000-0631-6369 12,043.48 CD 31 VIEWERS FEES JUN 2024 1929 Miscellaneous Charges 3 N 22-622-000-0638-6369 750.00 BEAVER TRAPPING DITCH 38 6/1/24 Miscellaneous Charges 5 N 22-622-000-0641-6369 1,050.00 BEAVER TRAPPING DITCH 41/65 6/1/24 Miscellaneous Charges 4 N 22-622-000-0000-6369 51.59 MILEAGE - DITCH VIEWER TRNG 3/21/24 Miscellaneous Charges 6 N 22-622-000-0632-6369 19.43 MILEAGE - INFO MEETING 4/1/24 Miscellaneous Charges 8 N 22-622-000-0656-6369 19.43 MILEAGE - INFO MEETING 4/1/24 Miscellaneous Charges 9 N 22-622-000-0664-6369 42.55 MILEAGE - PICK UP SUPPLIES 4/1/24 Miscellaneous Charges 7 N 22-622-000-0000-6369 235.17 MILEAGE - DITCH VIEWER TRNG 4/4/24 Miscellaneous Charges 10 N 22-622-000-0000-6369 10.00 REGISTRATION - VIEWER SEMINAR 4/4/24 Miscellaneous Charges 11 N 22-622-000-0625-6369 373.50 CD 25 REPAIR 372861 Miscellaneous Charges 15 Y 22-622-000-0610-6369 168.00 CD 10 REDETERMINATION 372886 Miscellaneous Charges 12 Y 22-622-000-0652-6369 403.50 APPEAL OF ATTORNEY'S FEES 372922 Miscellaneous Charges 16 Y 22-622-000-0631-6369 168.00 CD 31 REDETERMINATION 372942 Miscellaneous Charges 14 Y 22-622-000-0611-6369 124.50 CD 11 REDETERMINATION 373016 Miscellaneous Charges 13 Y 17387 H2OVER VIEWERS LLC 14,328.0017387 17277 LABS/BRIAR 1,800.0017277 126 OTTER TAIL CO TREASURER 378.17126 10842 RINKE NOONAN LAW FIRM 1,237.5010842 17,743.67 Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 3 Transactions 2 Transactions 6 Transactions 5 Transactions Final Total ............4 Vendors 16 Transactions H2OVER VIEWERS LLC LABS/BRIAR OTTER TAIL CO TREASURER RINKE NOONAN LAW FIRM Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES10:50:53AM7/3/2024 csteinbach County Ditch Fund Copyright 2010-2022 Integrated Financial Systems Page 3Audit List for Board Otter Tail County Auditor Amount 17,743.67 County Ditch Fund 22 17,743.67 NameFundRecap by Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .