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HomeMy WebLinkAboutHousing & Redevelopment Authority - HRA-Packet-01-21-2025 Supporting Documents - 01/21/2025OTTER TAIL COUNTY – MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY AGENDA Government Services Center, Otter Tail Lake Room 515 West Fir Avenue, Fergus Falls, MN January 21, 2025 | 11:45am HRA Board Member, Leland Rogness, will be attending the meeting virtually from 9822 W Long Hills Dr., Sun City, AZ 85351 1. Call Meeting to Order and Roll Call – Chairperson 2. Approval of Agenda 3. Consent Agenda A. Regular Board Meeting Minutes, December 16, 2024 B. Housing Choice Voucher Rental Assistance Program Report December 2024 C. Community Housing Investment Programs Report December 2024 D. Public Housing and Senior Housing Reports December 2024 E. Check Report and December 2024 Financial Reports – No Report 4. Annual Meeting Action Items A. Board Officers for Fiscal Year 2025 B. Legal Publication for Fiscal Year 2025 C. Depositories for Fiscal Year 2025 – Resolution No. 305 D. Board Member Per Diem for Fiscal Year 2025 E. Day, Time, Location, and Meeting Schedule for Fiscal Year 2025 5. New Business A. Resolution No. 306 Adopting an Amendment to the Otter Tail County Housing and Redevelopment Authority Bylaws 6. Old Business None 7. Discussion A. 2025 Community Development and Housing Work Plan Annual Goals MN Housing Program and Application Timeline Review 8. Executive Director Report 9. General Discussion – Topics by Commissioners 10. Adjourn 1/22 2/22 The Otter Tail County HRA Board of Commissioners Met for a regular meeting on December 16, 2024 at 11:45am At the Otter Tail County Government Services Center 515 W Fir Ave, Fergus Falls, MN Board Members Present: Wayne Johnson, Chairperson Kurt Mortenson Leland Rogness, Vice Chairperson Absent: Jeff Ackerson, Betty Murphy Others Present: Amy Baldwin, OTC HRA Executive Director Tanya Westra, OTC HRA Housing Program Supervisor Julie Bakken, OTC HRA Accountant Paula Grunewald, OTC HRA Administrative Assistant 1. CALL TO ORDER Chairperson Johnson called the meeting to order at 11:47am. 2. APPROVAL OF AGENDA Motion made by Kurt Mortenson, second by Leland Rogness to approve the December 16, 2024 Agenda without changes. Motion passed unanimously. 3. APPROVAL OF CONSENT AGENDA ITEMS There were no additions to the Consent Agenda but it was noted that it now includes the Senior Housing Report. Motion made by Leland Rogness, second by Kurt Mortenson to approve the Consent Agenda. Motion passed unanimously. 4. NEW BUSINESS A. Resolution No. 301 Public Housing & Housing Choice Voucher Write Off Balances for 2024 Tanya Westra, OTC HRA Housing Program Supervisor, stated that writing off balances of Public Housing tenants and Housing Choice Vouchers is an annual regulator item. The write off amounts are $9,656.33 for Public Housing and $1,053 for Housing Choice Voucher. Motion made by Kurt Mortenson, seconded by Leland Rogness to approve. Motion passed unanimously. B. Resolution No. 302 Public Housing & Finding Home I LLC Insurance Tanya Westra, OTC HRA Housing Program Supervisor, stated that one bid was received from State Farm Insurance. The bid includes a deductible of $5,000 per occurrence with $5,273,800 in building coverage and $107,000 in supplemental coverage for the detached garages. The annual premium would be $30,964.60. Finding Home I LLC would be an add-on to the Public Housing plan. The estimated annual premium would be $6,083.32 with a $5,000 per occurrence deductible and $1,600,000 in building coverage. Finding Home I LLC would be listed as an “additional insured” for the buildings located in Dalton. The construction policy ends at the end of the month. Motion made by Leland Rogness, seconded by Kurt Mortenson to approve. Motion passed unanimously. 3/22 OTTERTAIL COUNTY -MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 218-998-8730 ® OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ otterta ilcounty.gov LIVE YOUR best life HERE. ~-...----------7 Pg. 2 C. Resolution No. 303 Pelican Rapids SCDP Administrative Contract Amy Baldwin, HRA Executive Director, stated that Pelican Rapids was awarded the Small Cities Development Program Grant from MN DEED in the amount of $948,750. The administration of this program supports the County’s Long-range Strategic Plan to maintain existing housing stock. The City of Pelican Rapids approved the administrative contract at their December 10, 2024 meeting. Motion made by Kurt Mortenson, seconded by Leland Rogness to approve. Motion passed unanimously. D. Resolution No. 304 Legal RFP Response Amy Baldwin, HRA Executive Director, stated that an RFP for Legal Services was posted on the County website and MN NAHRO website. Five responses were received and after proposals were reviewed, a reference check was conducted, and billable rates were compared. The recommendation is to accept Fryberger’s proposal. Motion made by Leland Rogness, seconded by Kurt Mortenson to approve. Motion passed unanimously. 5. DISCUSSION A. 2025 Work Plan Review  The Community Development and Housing Department Workplan for 2025 was shared.  Events planned include a full day housing summit and quarterly Housing Convenings.  Large Scale housing project – how do we go bigger - With who? What? Strategy? And partners?  Pelican Rapids – 5 lots listed for sale  Impact Fund Application: Partnership with cities  Bring it Home State Funded Rental Vouchers  Intent to Apply submitted for POHP Funding B. 2025 Board Meeting Dates Due to Commissioner’s schedules, polls were taken with CDA and HRA board members to determine a day of the week and time that would work. The first meeting of 2025 will be held on Tuesday, January 21, with start times of 11:45 HRA and 1:00 CDA. The rest of the meetings will be held the 1st Wednesday of the month with start times of 11:00 CDA and 12:45 HRA. The dates would be February 5, March 5, April 2, May 7, June 4, July 2, August 6, September 3, October 1, November 5, December 3 and January 7, 2026. These dates will be used as long as they work for the CDA Board Members. 6. Executive Director Report Anticipate a decrease in HUD funding in 2025. Staff will continue to monitor as well as watch for a potential shut down yet in December. 7. GENERAL DISCUSSION – TOPICS BY COMMISSIONERS Amy Baldwin, HRA Executive Director asked the commissioners to advocate for continued funding of the Local Affordable Housing Aid program. 8. ADJOURNMENT At 12:55 pm a motion was unanimously carried to adjourn the meeting. ________________________________________________________ ___________________ Secretary/Clerk Date 4/22 12/31/2024 1/1/2025 Difference 49,599.52$ 50,291.52$ $692.00 100 95 -5 *HAP Transactions 46,851.00$ 47,628.00$ *Utility Reimbursements 1,510.00$ 1,425.00$ *HAP Adjustment *Utility Adjustment *Portability Tranactions (Out) 1,200.00$ 1,200.00$ *Portablilty Admin Fee (Paid)38.52$ 38.52$ 12/31 1/1 New Admissions 0 End Participation 3 Shop Mode/ARS 0 Ports-Out Paid 1 1 Ports Out Pending 0 0 Ports In Pending 0 0 12/30/2024 Waiting List/To Date 106 Applications in Progress 0 Vouchers Issued 1 Vouchers "On the Strreet"2 ELI%83% Monthly Trend Report*Units Available Units Leased Leasing %Budget %Per Unit $ July 2024 144 110 75.2% 129.4% 542.89$ August 2024 144 110 75.0% 128.1% 509.86$ September 2024 144 109 75.7% 129.1% 509.78$ October 2024 144 105 75.7% 129.0% 530.48$ November 2024 144 103 75.4% 129.7% 535.10$ December 2024 144 100 74.8% 126.2% 516.17$ *Leasing % and Budget % based on cumulative activity during calendar year Per Unit $ is rolling three month average *Portability Utility Reimbursement *Hold Landlord Transaction OTC Section 8 Housing Choice Voucher Rental Assistance Program Summary of Actions December 31, 2024 Program Total Financial Transaction Paid This Month* UML (Unit Months Leased or # of Households) 5/22 &, OTTE:R 'TAIL ~, COUNTY-MINNESOTA 218-998-8730 ® HOUSINIG AND REDEVIELOPMENT AUTHO,RITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Go,v,etn mein,t Services Center 500 West Fir Avenue Fergus Falls, MN 56537 @ ottertailcounty.gov COMMUNITY HOUSING INVESTMENT PROGRAMS (CHIP) BOARD REPORT December 2024 Program Applications Approved Applications Denied Inspections Conducted Proceed to Work Issued Projects Complete Goal Program End Date Emergency Home Repair Program (EHRP) 3 5 3 3 3 On-Going Down Payment Assistance (DPA) On-Going SCDP: Reuse 1 1 1 1 On-Going Rent Rehab – RR On-Going Affordable Rental Unit Construction - ARUC On-Going BATTLE LAKE 09/30/2024 SCDP: Commercial 6 2 3 1 8 SCDP: Homeowner 12 7 10 7 6 20 Residential Owner-Occupied Leverage (ROHL) 4 4 3 UNDERWOOD 09/30/2024 SCDP: Homeowner 12 4 12 9 8 17 Residential Owner-Occupied Leverage (ROHL) 5 5 4 6/22 218-998-8730 @ HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 (!) EOU/\L HOUSING OPPORTUNITY @ ottertailcounty.gov PUBLIC HOUSING BOARD REPORT December 2024 Rents Payable $3,991 Rents Collected $3,991 Total Negative Rents $844 Negative Rents Paid $128.84 Late Fees Charged $164 Late Fees Collected $189 Number of Units Paying Flat/Ceiling Rent 1 Fiscal Year ELI 100% WAITING LIST as of 01/02/2025 Community 2 Bedroom 3 Bedroom 4 Bedroom Pelican Rapids 12 7 N/A Underwood 8 5 1 Henning 5 5 1 New York Mills 2 2 0 VACANCIES UNIT VACATED LEASE SIGNED 3 Bdrm – New York Mills 09/30/2024 *Working on 4 applicants. * *Denied 2 applicants. *Letters sent to all applicants on ohe section 8 2&3 BR list the 2&3 BR Section 8 waiting list. 7/22 OTTERTAIL COUNTY -MINNESOTA 218-998-8730 ® HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 (!) EOUl\l HOUSING OPPORTUNITY @ ottertailcounty.gov AFFORDABLE SENIOR HOUSING BOARD REPORT December 2024 Rents Payable $1,499 Rents Collected $1,499 Late Fees Charged Late Fees Collected $0 WAITING LIST as of 01/02/2025 COMMUNITY 1 Bedroom 2 Bedroom Dalton 0 0 VACANCIES UNIT VACATED LEASE SIGNED *3 units as of 1/1/2025 have been rented. *I am working on two other applicant. *I have reached out to multiple agencies. $0 8/22 OTTERTAIL COUNTY -MINNESOTA 218-998-8730 ® HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 (!) EOUl\l. HOUSING OPPORTUNITY @ ottertailcounty.gov MEMO TO: Board of Commissioners, Otter Tail County Housing and Redevelopment Authority FROM: Amy Baldwin, Executive Director DATE: January 14, 2025 SUBJECT: Annual Meeting Items #4A – 4E A. Board Officers for Fiscal Year 2025 The current officers are Chairperson Wayne Johnson, Vice Chairperson Leland Rogness and Secretary Kurt Mortenson. Nominations for each position should be taken and a motion to approve a nomination for each position should occur. B. Legal Publication for Fiscal Year 2025 The Fergus Falls Daily Journal is the current legal publication. A motion to approve the Fergus Falls Daily Journal as the legal publication for 2025 is recommended. C. Depositories for Fiscal Year 2025 FM Bank is the current depository for the HRA. HUD requires adoption of the “General Depository Agreement”. Attached is Resolution No. 305 to approve the General Depository Agreement between the Authority and FM Bank and to authorize the Chair and Secretary to execute the Agreement. D. Board Member Per Diem for Fiscal Year 2025 The current per diem is $75, the maximum permitted by State Statute. As a reminder, State Statute 469.011 provides that elected officials may receive the daily payment only if they do not receive payment for public service the same day. A motion to approve the per diem rate of $75 is recommended. E. Day and Time of Regular Meetings and Location and Schedule for Fiscal Year 2025 Article III, Section 2 of the Bylaws state that the day and time of the Regular Meetings be established at the Annual Meeting. It is recommended that the meetings generally begin at 12:45 p.m. on the first Wednesday of each month at the Government Services Center. Once approved, the schedule will be posted in the lobby of the Authority office and on its website. A public notice will only be required if the day, time, and/or location will be changed. A motion to approve the meeting schedule and location as listed below for Fiscal Year 2025 is recommended. February 5, 2025 Otter Tail Lake Room March 5, 2025 West Battle Lake Room April 2, 2025 Otter Tail Lake Room May 7, 2025 Otter Tail Lake Room June 4, 2025 Otter Tail Lake Room 9/22 218-998-8730 @ HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 @ ottertailcounty.gov July 2, 2025 Otter Tail Lake Room August 6, 2025 Otter Tail Lake Room September 3, 2025 Otter Tail Lake Room October 1, 2025 Otter Tail Lake Room November 5, 2025 Otter Tail Lake Room December 3, 2025 Otter Tail Lake Room 10/22 218-998-8730 @ HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 @ ottertailcounty.gov RESOLUTION NO. 305 RESOLUTION AUTHORIZING EXECUTION OF GENERAL DEPOSITORY AGREEMENT WHEREAS, the Otter Tail County Housing and Redevelopment Authority (the “Authority”) is authorized by Minnesota Statutes, Section 469 to carry out housing and redevelopment activities; and WHEREAS, the Authority operates the Public Housing Program and the Housing Choice Voucher program (the “Federal Programs”) as well as a variety of housing programs; and WHEREAS, a General Depository Agreement (the “Agreement”) is required by state and federal law; and WHEREAS, the Agreement is attached as Exhibit A to this resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. That the Chair and Secretary are hereby authorized to execute the General Depository Agreement. 2. That the Executive Director is empowered to undertake any other actions related to the Agreement. Upon the motion of _______________________, seconded by ________________________, and passed on a unanimous vote, the above resolution is hereby adopted by the Otter Tail County Housing and Redevelopment Authority Board of Commissioners. Adopted this 21st day of January, 2025. Dated: _______________________ OTTER TAIL COUNTY HRA BOARD OF COMMISSIONERS Attest:_______________________ By:______________________________ 11/22 General Depository Agreement HUD-51999 (GDA) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0075 (exp. 08/31/2023) Previous version obsolete Page 1 of 2 Form HUD 51999 (04/2018) Public reporting burden for this collection of information is estimated to average 1 hour per response. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. HUD will use this information to ensure PHAs use all Program Receipts received from HUD or otherwise associated with public housing funds for purposes of public housing, by requiring such financial assistance to be deposited into interest-bearing accounts at certain financial institutions. The information requested does not lend itself to confidentiality. This Agreement, entered into this _22nd_ day of ___January___ , 2025 by and between Otter Tail County Housing and Redevelopment Authority (herein called the “HA”), a duly organized and existing public body corporate and politic of the State of Minnesota and FM Bank (herein called the “Depository”), located at Fergus Falls, Minnesota. Witnesseth: Whereas, the Department of Housing and Urban Development (herein called “HUD”) has entered into one or more Annual Contributions Contracts (herein called the “ACC” with the HA for the purpose of providing financial assistance to develop and operate lower income housing projects, as authorized by the United States Housing Act of 1937, as amended (42 USC 1437, et seq.); and Whereas, under the terms of the ACC the HA is required to select as depositories of its funds, financial institutions whose deposits or accounts are insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUSIF) as long as this Agreement is in force and effect. Now Therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1.The deposits and accounts of the Depository shall continue to be insured by the FDIC Corporation or NCUSIF. 2.All monies deposited by the HA with the Depository shall be credited to the HA in a separate interest-bearing deposit or interest-bearing accounts, designated General Revolving or Low-Income Public Housing. Accounts” (herein the “Accounts”). Any portion of HA Funds not insured by a Federal insurance organization shall be fully (100%) and continuously collateralized with specific and identifiable U.S. Government or Agency securities prescribed by HUD in a notice. Collateralization is required on a daily basis at the end of the business day. Such securities shall be pledged and set aside in accordance with applicable law or Federal regulations. The HA shall have possession of the securities (or the HA will take possession of the securities) or an independent custodian (or an independent third party) holds the securities on behalf of the HA as a bailee (evidenced by safe keeping receipt and a written bailment for hire contract) and will be maintained for the full term of deposit. The Depository may substitute other securities as collateral to equal or increase the value. If the HA is an agency of an Indian tribe, the collateral shall be in United States bonds and otherwise as may be prescribed for public funds by the United States Secretary of the Treasury. 3.Except as stated in Paragraph 5, the Depository shall honor any (a) check or other order to pay from the Accounts, or (b) directive to purchase investment securities with monies from the Accounts or to sell securities, if such order or directive is in writing and signed on behalf of the HA by an officer or member designated by resolution of the Board of Directors of the HA to have such authority. To assist the Depository in its obligation, the HA shall furnish the Depository with a certified copy of the resolution. 4.Any securities received from the HA or purchased by the Depository with monies from the Accounts shall be considered to be a part of the Accounts and shall be held by the Depository in safe-keeping for the HA until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt 5.If the Depository receives written notice from HUD that no withdrawals by the HA from the Accounts are to be permitted, the Depository shall not honor any check or other order to pay from the Accounts or directive to purchase or sell securities, or permit any withdrawals by the HA from said Accounts until the Depository is authorized to do so by written notice from HUD. 6.The Depository is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the ACC, and shall be under no duty to investigate or determine whether any action taken by either the HA or HUD in respect of the Accounts are consistent with or are authorized by the ACC or whether either HA or HUD is in default under the provisions of the ACC. The Depository shall be fully justified in accepting and acting on, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Depository shall in good faith believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed 7.The rights and duties of the Depository under this Agreement shall not be transferred or assigned by the Depository without the prior written approval of the HA and HUD. This Agreement may be terminated by either party hereto upon thirty days’ written notice to the other party, and HUD. The rights and duties of the Depository hereunder shall not be transferred or assigned nor shall this Agreement be terminated during any period in which the Depository is required to refuse to permit withdrawals from the Accounts as provided in Paragraph 5. 8. HUD is intended to be a third-party beneficiary of this Agreement and may sue to enforce its provisions and to recover damages for failure to carry out its terms. Exhibit A12/22 Previous version obsolete Page 2 0f 2 Form HUD 51999 (02/28/2018) 9. The Depository shall provide the HA with remote, electronic access to the Accounts for the purpose of monitoring the crediting or depositing of any monies in the Accounts. 10. The provisions of this Agreement may not be modified by either Party without the prior written approval of HUD 11. Strike this paragraph if inapplicable: Previous General Depository or Savings Depository Agreements, if any, entered into between the Depository and the HA are hereby terminated and all monies and securities of the HA on deposit with or held by the Depositories pursuant to the terms of said Agreement shall continue to be held for account of the HA pursuant to and in accordance with the provisions of this Agreement. 12. Strike this paragraph if paragraph 2 applies: For use only in certain States that have statutes that prohibit HAs from implementing paragraph 2. At no time shall the HA Funds in the Accounts be permitted to exceed the amount insured by Federal deposit insurance (herein the “Insured Amount”). At any such time as the amount of funds in the Accounts reach the Insured Amount, whether by the accrual of interest or otherwise, the Depository shall promptly, as directed by the HA, and in an amount sufficient to limit the funds in the Accounts to the Insured Amount, either: (a) remit payment to the HA or, (b) on behalf of the HA, purchase securities approved for investment by the HA. Such securities shall not be considered to be a part of the Account pursuant to Paragraph 4 hereof but shall be held by the Depository as custodian or trustee for the HA in a separate account established for that purpose by the Depository (herein the “Securities Account”). The Securities Account shall be designated as___ _. Income or other proceeds from securities held in the Securities Account shall, as directed by the HA, upon receipt, be paid to or on behalf of the HA; provided, however, that such proceeds shall, to the extent consistent otherwise with the provisions of this Paragraph, be deposited in the Accounts. If the Depository receives written notice from HUD pursuant to Paragraph 5 hereof that no withdrawals by the HA from the Accounts are to be permitted, the Depository shall not honor any directive from the HA to sell securities, or permit any withdraws by the HA, from the Securities Account until the Depository is authorized to do so by written notice from HUD. During the pendency of such restrictions on the Accounts and the Securities Account, the Depository, except as directed in writing by HUD, shall not remit any payment to the HA for the purpose of limiting the amount of funds in the Account to the Insured Amount but shall instead purchase securities approved for investment by the HA and hold such securities in the Securities Account. 13. Notice required under the terms and conditions of this agreement shall be deemed to have been given when it made by: Board Chair , on behalf of Otter Tail County HRA MN177 Title Organization (HA) ____________ _____________, on behalf of ____________ _____________ Title Organization (Depository) ___________ _______________, on behalf of _____________ ___________ Title Organization (HUD) Notice shall be made in writing. Notice may be delivered in person, by United States Postal Service mail, by receipted commercial mail delivery, by facsimile machine or other electronic means that clearly identifies the sender as one of the persons so authorized in this paragraph. Notice under the terms of this agreement shall be implemented by the Depository within 24 hours of actual receipt. In Witness Whereof, the HA and the Depository have caused this Agreement to be executed in their respective names and their respective seal to be impressed hereon and attested as of the date and year first above written. ________________________________________________________ HA (SEAL) ATTEST: By______________________________________________________ Chairman ________________________________________________________ Secretary ________________________________________________________ Depository (SEAL) ATTEST By______________________________________________________ 13/22 OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY REQUEST FOR BOARD ACTION January 21, 2025 BOARD MEETING DATE AGENDA ITEM #5A Amy Baldwin 01/14/2025 REQUESTOR’S SIGNATURE/DATE BOARD ACTION REQUESTED Resolution No. 306 Adopting an Amendment of Bylaws of the Housing & Redevelopment Authority of Otter Tail County PROPOSED REQUEST/JUSTIFICATION In August 2022, the Bylaws of the HRA were amended to establish a board composition of 5 members. With this change it is necessary to update language with regard to the number of members present in a meeting in Article III, Section 6 and Article IV, Section 1. A language change in Article III, Section 1 would allow staff to publish changes for an annual, special, or regular meetings in accordance with State Statute and not exclusively in the “Official Newspaper”. With the Daily Journal going to once per week publication, this would allow greater flexibility as to how the public is notified of changes in meeting dates, locations, etc. Staff recommends the Board approve the resolution. PREVIOUS ACTION ON REQUEST/OTHER PARTIES ADVISED: N/A EXECUTIVE DIRECTOR DATE: Amy Baldwin 01/14/2025 ATTACHMENT LIST: Exhibit A: Draft of Amended Bylaws FINANCIAL IMPLICATIONS: None BUDGETED: YES NO FUNDING: COMMENTS 14/22 RESOLUTION NO. 306 RESOLUTION ADOPTING AN AMENDMENT TO THE OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY BYLAWS WHEREAS, the Otter Tail County Housing and Redevelopment Authority (the “Authority”) was created in August 1972; and WHEREAS, the Authority subsequently adopted a document entitled “Bylaws of the Housing and Redevelopment Authority of Otter Tail County, Minnesota” (the “Original Bylaws”); and WHEREAS, the Authority adopted Resolution No. 131 to amend the Original Bylaws on May 21, 2020 (the “Amended Bylaws”); and WHEREAS, the Authority adopted Resolution No. 148 to amend the “Amended Bylaws” on January 21, 2021 to modify Article III, Board Procedures; and WHEREAS, the Authority adopted Resolution No. 150 to amend the “Amended Bylaws” on February 18, 2021 regarding Article VI, Miscellaneous to clarify mileage reimbursements; and WHEREAS, the Authority adopted Resolution No. 203 to amend the “Amended Bylaws” on August 18, 2022 regarding Article I, to amend the composition of the Board from seven to five commissioners, as directed by the Otter Tail County Board of Commissioners through the repeal of Otter Tail County Resolution No. 2018-79; and WHEREAS, the Authority has determined that it is necessary to amend Article III, Section 6 and Article IV, Section 1 to align with the composition of the Board; and WHEREAS, the Authority has reviewed the proposed revisions to the Amended Bylaws in the materials submitted to the Board. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. That the Draft Revision as presented and with revisions noted by the Board to be included, is hereby adopted; and 2. That the Executive Director is directed to attach a clean version of the Bylaws to this Resolution to be titled “Exhibit A”. Upon the motion of ______________________, seconded by _________________________, and passed on a unanimous vote, the above resolution is hereby adopted by the Otter Tail County Housing and Redevelopment Authority Board of Commissioners. Adopted this 21st day of January 2025. 15/22 Dated: _______________________________ OTTER TAIL COUNTY HRA BOARD OF COMMISSIONERS Attest:________________________________ By:_______________________________ 16/22 EXHIBIT A 1 AMENDED BYLAWS of THE HOUSING AND REDEVELOPMENT AUTHROITY OF OTTER TAIL COUNTY MINNESOTA ARTICLE I The Authority Section 1. Name of the Authority. The name of the Authority shall be the “Housing and Redevelopment Authority of Otter Tail County Minnesota” (hereafter, the "Authority"), and its governing body shall be called the Board of Commissioners (hereafter, the "Board"). Section 2. Seal. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office. The offices of the Authority shall be determined at the Annual Meeting of the Authority, but the Authority may hold its meetings at such other place or places as it may designate by resolution. Section 4. Composition. The Board shall consist of five commissioners per Minnesota Statue 469.006 Subdivision 1. ARTICLE II Officers Section 1. Officers. The officers of the Authority shall be a Chairperson, a Vice- Chairperson, and a Secretary. The Chairperson, Vice Chairperson and Secretary shall be members of the Board, and no Commissioners shall serve as Chairperson and Vice Chairperson for the same term. Section 2. Chairperson. The Chairperson shall preside at all meetings of the Board. Except as otherwise authorized by resolution of the Board, the Chairperson shall sign all contract, deeds and other instruments made by the Board. At each meeting, the Chairman shall submit such recommendations and information as he/she may consider proper concerning the business, affairs, and policies of the Board. 17/22 EXHIBIT A 2 Section 3. Vice-Chairperson. The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson, and in case of the resignation or death of the Chairperson, the Vice Chairperson shall perform such duties as are imposed on the Chairperson until such time as the Authority shall select a new Chairperson. Section 4. Secretary. The Secretary shall perform the duties of a Secretary for the Authority and shall keep or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the Authority. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time assign. Section 5. Chairperson Pro Tem. In the event of the absence or inability of the Chairperson and the Vice Chairperson at any meeting, the Board may appoint any remaining Commissioner as Chairperson Pro Tem to preside at such meeting. Section 6. Executive Director. The Executive Director shall be appointed by and serve at the pleasure and direction of the Board. The Executive Director shall be the chief appointed executive officer of the Authority, shall be responsible for the administration of the Authority staff, shall carry out the policies established by the Board and shall have such authority as the Board may from time to time grant. As assistant to the Secretary, the Executive Director shall assist the Secretary of the Board and insure that proper procedures are in place to keep records of the meetings of the Board and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose and shall perform all duties incident to his/her office. The Executive Director shall keep in safe custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. The Executive Director shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Executive Director shall keep regular books of the accounts showing receipts and expenditures and shall render to the Authority at each regular meeting (or oftener when requested), an account of the transactions and also of the financial condition of the Authority. The Executive Director shall give such bond for the faithful performance of his/her duties as the Authority may determine. Section 7. Additional Duties. The officers of the Board shall perform such other duties and functions as may from time to time be required by the Board or the bylaws or rules and regulations of the Authority. Section 8. Election or Appointment. The Chairperson, Vice Chairperson, and Secretary shall be elected annually by the Board at its annual meeting and shall serve for one year or until a successor is elected and qualified. 18/22 EXHIBIT A 3 The Executive Director shall be appointed by the Board. Any person appointed to fill the office of Executive Director, or any vacancy therein, shall have such term as the Board determines, but no Commissioner of the Authority shall be eligible to this office. Section 9. Vacancies. Should the office of Chairperson, Vice-Chairperson or Secretary become vacant, the Board shall elect a successor at the next regular meeting and such successor shall serve the remainder of the unexpired term. Section 10. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by relevant laws of the State of Minnesota. The selection and compensation of such personnel (including the Executive Director) shall be determined by the Board subject to the laws of the State of Minnesota. ARTICLE III Board Procedures Section 1. Annual Meeting. The annual meeting of the Board shall be held at the customary time on the first regularly scheduled meeting of the calendar year at the offices of the Authority. In the event that such date falls on a legal holiday, the annual meeting shall be held on the next business day or as may be otherwise determined by the Board, with such date and time duly publicized in the Official Newspaper accordance with public meeting notice requirements outlined in State Statute. The business of the annual meeting shall include swearing in new Commissioners, if any, election of officers, identification of the official newspaper, identification of the Office of the Authority, and such other matters as the Board shall determine. Section 2. Regular Meetings. Monthly meetings shall be held on a day and time as determined by the Board at the annual meeting. A schedule of such regular meetings shall be kept on file at the principal office of the Authority and notice of any change in time or place of a regular meeting shall be given as if said meeting constitutes a special meeting. Section 3. Special Meetings. Special meetings of the Board may be called by (a) the Chairperson, (b) the Vice Chairperson in the event of the Chairperson's absence or inability, or (c) any two Commissioners. Not less than three days prior to such special meeting, notice of its date, time, place and purpose shall be posted in a public place at the principal office of the Authority, published in the official newspaper of the Authority and mailed or delivered to each of the Commissioners. At such special meeting, no business shall be considered other than as designated in the call, but if all 19/22 EXHIBIT A 4 members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting. Section 4. Emergency Meetings. Emergency meetings of the Board may be called by (a) the Chairperson, (b) the Vice Chairperson in the event of the absence or inability of the Chairperson, or (c) any two Commissioners. Good faith efforts shall be made to notify, by telephone or other means, each Commissioner and any media organization having previously filed a written request of notice of such meeting with the Authority of the time, place and purpose of such emergency meeting. For purposes of this section, an "emergency" is any circumstance that, in the judgment of the Commissioner or Commissioners calling the meeting, requires immediate consideration by the Board. Section 5. Recessed or Continued Meetings. If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during a duly called previous meeting and recorded in the minutes of such previous meeting, no further published or posted notice is necessary. Section 6. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Four Three Commissioners shall constitute a quorum of the Board. In the absence of a quorum, no official action may be taken on behalf of, or in the name of, the Authority; provided, however, that fewer than a quorum may continue or adjourn a duly called meeting until a quorum is obtained. Section 7. Agenda. At the regular meetings of the Authority, the agenda may contain the following, subject to approval of the Board at each meeting: 1. Roll Call. 2. Approval of the agenda. 3. Approval of the consent agenda which may include items listed below. 4. Approval of the minutes of the previous meeting. 5. Bills and communications. 6. Report of the Executive Director. 7. Reports of Committees. 8. Unfinished business. 9. New Business. 10. Adjournment. All resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Section 8. Manner of Voting. The voting on all questions coming before the Authority shall be a voice vote unless any member has requested a roll call vote; if so requested, the yeas and nays shall be entered upon the minutes of such meeting. 20/22 EXHIBIT A 5 Section 9. Agenda Materials. In any meeting of the Board which is open to the public at least one copy of printed materials relating to the agenda items of the meeting which are made available to the Commissioners shall be available in the meeting room for inspection by the public. Section 10. Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if approved by not less than a simple majority of all Commissioners present. Section 11. Rules of Order. The meetings of the Board shall be governed by the most recent edition of Robert's Rules of Order, except as modified or altered by these Bylaws or any other policy enactment by the Board of Commissioners. ARTICLE IV Amendments Section 1. Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least four three of the members of the Board at a regular or a special meeting, provided that any such proposed amendment shall first have been delivered to each Commissioner at least five days prior to the meeting at which such amendment is considered. ARTICLE V Financial Matters Section 1. Fiscal Year. The fiscal year of the Authority shall be the calendar year. Section 2. Checks. An Authority check shall be signed by the Executive Director and the Chairperson. In the absence of the Chairperson and the Vice Chairperson, any Commissioner may act on the Chairperson's behalf. The check must state the name of the payee and the purpose for which it is issued. Section 3. Financial Statements. The Board shall regularly receive and examine financial statements together with the reports which shall disclose all receipts and disbursements, their nature, money on hand and the purpose to which it was applied, the Authority’s credits and assets and its outstanding liabilities. If the Board finds the financial statements and reports to be correct, it shall approve them by motion of the Board. Section 4. Budgets. The Authority shall annually prepare a budget which shall include a written estimate of the amount of money needed by the Authority from the County in order for the Authority to conduct business during the upcoming fiscal year 21/22 EXHIBIT A 6 and shall submit the same to the County Board as a part of the County's budget process. ARTICLE VI Miscellaneous Section 1. Services. The Board may contract for the services of consultants, agents, accountants, attorneys and others as needed to perform its duties and to exercise its powers. Section 2. Execution of Contracts. All contracts, notes, and other written agreements or instruments to which the Authority is a party or signatory or by which the Authority may be bound shall be executed by the Chairperson or the Executive Director. Section 3. Official Newspaper. The official newspaper of the Authority for purposes of notices and other legal publications shall be determined by the Board at the Annual Meeting. Section 4. Expenses; Compensation. Minnesota Statute Section 469.011 subd. 4. permits each commissioner to receive compensation for attending each regular and special meeting of the Authority, as well as receiving compensation for necessary expenses, including traveling expenses, incurred during the performance of duties for the Authority. Each commissioner may be paid up to $75 for attending each regular and special meeting of the Authority. Mileage reimbursements for travel to and from meetings will be paid to each commissioner, unless specifically waived by the commissioner, as indicated in writing on the per diem form. Approved, Board of Commissioners, ___________________ 22/22