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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/08/2025Board of Commissioners' Meeting Minutes April 8, 2025 OTTER TAIL COUNTY -MINNESOTA BOARD OF COMM ISSI ON ERS' MIN UTES Government Services Center, Commissioners' Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN April 8, 2025 I 8:30 a.m. CALL TO ORDER The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, April 8, 2025, at the Government Services Center in Fergus Falls, MN. Commissioners Wayne Johnson, Chair; Bob Lahman, Vice Chair; Kurt Mortenson, Dan Bucholz, and Sean Sullivan were present. APPROVAL OF AGENDA Chair Johnson called for approval of the Board Agenda. Motion by Mortenson, second by Sullivan and unanimously carried to approve the Board of Commissioners' agenda of April 8, 2025, with the following additions: Water Patrol Federal Grant Bridge Replacement Resolution Statewide Work Group APPROVAL OF CONSENT AGENDA Motion by Lahman, second by Bucholz and unanimously carried to approve the consent agenda items as presented: Page 1 of 18 1. March 25, 2025, Board of Commissioners' Meeting Minutes 2. Warrants/Bills for April 8, 2025 (Exhibit A) 3. Human Services and Public Health Warrants/Bills for April 8, 2025 (Exhibit A) 4. Approval of a Temporary On-Sale Liquor License for Phelps Mill Country for an event July 12, 2025 held at the Phelps Mill Country Park. 5. Approval of an application for a nine-month Seasonal On-Sale Liquor and Sunday Liquor License for Zorbaz of Pelican Lake Inc. dba Zorbaz Ill for the period of May 1, 2025 through December 31, 2025. 6. Approval of a new Off Sale 3.2 Liquor License for Swan Lake Resort for the period of May 1, 2024 through June 30, 2026, partial year to June 30 2025, and July 1, 2025 through June 30, 2026. 7. Approval of a Temporary Liquor License for Jessica Green held at 42057 County Highway 14, April 19th & 20th 2025, {Tentative Lower-potency cannabis edible items event). Board of Commissioners' Meeting Minutes April 8, 2025 OUR RESCUE DONATION County Sheriff Barry Fitzgibbons informed the Board that the Otter Tail County Sheriff's Office has received a donation from the U.S. based nongovernmental organization Our Rescue for the purpose of combatting child exploitation and human trafficking through collaboration with Law Enforcement Agencies. This donation of $11,600.00 will go toward Cellebrite Premium software technology, with 35 unlocks (one-year), with the Otter Tail County Sheriff's Office covering the remaining budgeted balance. ARMER GRANT Motion by Mortenson, second by Sullivan and unanimously carried to authorize appropriate County Official's signatures to execute a Grant Contract Agreement between Otter Tail County and the Minnesota Department of Public Safety, Emergency Communication Networks Division, in the amount of $50,000 with matching requirement of $2,631.00, for the 2024-2026 Allied Radio Matrix for Emergency Response (ARMER) Equipment Program. WATER PATROL GRANTS Motion by Bucholz, seconds by Mortenson and unanimously carried to authorize appropriate County Officials' signatures to execute the 2025 State of Minnesota Annual County Boat and Water Safety Grant Contract Agreement between the Otter Tail County Sheriff's Office and the State of Minnesota, in and amount up to $69,738.00, for funding for county sheriff services for boat and water safety activities in Otter Tail County. Motion by Mortenson, second by Sullivan and unanimously carried to authorize appropriate County Officials' signatures to execute the 2025 State of Minnesota Federal Boating Safety Supplemental Patrol Grant Contract Agreement between the Otter Tail County Sheriff's Office and the State of Minnesota, in an amount up to $8,500.00, for funding for additional boating safety patrol of lakes and rivers in Otter Tail County. RECESS & RECONVENE At 8:38 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 8:45 a.m. SOCIAL WORKER EMBEDDED IN PROBATION Motion by Lahman, second by Mortenson and unanimously carried to approve converting a vacant 1.0 full- time equivalent (FTE) Transition Coordinator position within the Probation Department to a 1.0 FTE Behavioral/Mental Health Social Worker position that will be embedded in Probation. A dedicated position embedded in Probation will create efficiencies, develop expertise, and prioritize mental health prevention and public safety. PROFESSIONAL SERVICES AGREEMENT -HENNING FINAL COVER Motion by Bucholz, second by Sullivan and unanimously carried to authorize appropriate County Officials' signatures on a Professional Services Agreement between Otter Tail County and Foth Infrastructure & Environment, LLC, in the amount of $36,500.00, for Henning Final Cover engineering design and construction documentation on a one-acre section of the Henning Demolition Landfill in compliance with MPCA standards. DIRECTED ENGINEERING STUDY (DES) AGREEMENT Motion by Lahman and a second by Mortenson to approve appropriate County Officials' signatures to execute a Directed Engineering Study (DES) agreement between Otter Tail County and McKinstry to proceed with an Investment Grade Audit (IGA) for the Base Project & Stretch Project, in an amount not to exceed $155,849.00, Page 2 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 to explore opportunities to enhance efficiency and reduce operational costs across the County's facilities, and, after discussion thereof, and upon vote being taken thereon, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA Dan Bucholz Wayne Johnson Kurt Mortenson Bob Lahman Sean Sullivan X X X NAY ABSENT ABSTAIN X X NATIONAL PUBLIC HEAL TH WEEK PROCLAMATION 2025 OTTER TAIL COUNTY RESOLUTION NO. 2025-32 WHEREAS, the week of April 7, 2025, is National Public Health Week, and the theme is "It Starts Here" highlighting the importance of making a difference in our home, community and state; and WHEREAS, this year is the 30th anniversary of celebrating National Public Health Week, and in the past 30 years significant strides have been made in public health, including the following public health successes: a) smoking rates, which were as high as 25.5% among U.S. adults in 1994, have now fallen to 11.4 % due to comprehensive smoke-free policies, public awareness campaigns, and taxation of tobacco products; b) childhood mortality, which was at a rate of 13.8 deaths per 1,000 live births in 1994, has now fallen to 5.4 deaths per 1,000 live births due to vaccines, better healthcare access and nutrition; c) mental health awareness and treatment, with 40% of people with mental health conditions being untreated in 1994, has progressed with increased awareness, parity laws and integration into primary care, which have expanded access to mental health services and reduced treatment gaps. WHEREAS, a person's health status can differ drastically by ZIP code due to differences in the built environment, environmental quality, access to healthy food, access to education and access to health care; and WHEREAS, public health organizations use National Public Health Week to educate public policymakers, public health professionals and the public on issues that are important to improving the health of the people; and WHEREAS, public health professionals help communities prevent, prepare for, withstand and recover from the impact of a full range of health threats, ranging from infectious disease outbreaks to natural disaster preparedness; and WHEREAS, efforts to adequately support public health and the prevention of disease and injury can continue to transform a health system focused on treating illness into a health system focused on preventing disease and injury and promoting wellness. NOW, THEREFORE, BE IT RESOLVED THAT WE, the Otter Tail County Board of Commissioners, do hereby proclaim the week of April 7-13, 2025, as National Public Health Week in Otter Tail County and call upon the public to observe this week by helping our families, friends, neighbors, co-workers and leaders to recognize the contribution of public health in improving the health of all people as the theme states, "It Starts Here." Page 3 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 The motion for the adoption of the foregoing resolution was introduced by Commissioner Lahman, duly seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 8th day of April, 2025. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: April 22, 2025 Attest: vk • (;,17Lt_ L.JW)/L_ Nicole Hansen, Clerk PHELPS MILL BOARDWALK CHANGE ORDER #1 Motion by Sullivan, second by Bucholz and unanimously carried to authorize Change Order #1 for the Phelps Mill Boardwalk and Prairie Restoration Project in the amount of $26,925.00 due to unfavorable site condition issues located at the two Boardwalk locations as presented. These site conditions required the installation of deeper helical piling in order to properly support the Boardwalk structure through the wetland area. The change order covers the material cost to extend the helical piles deeper. ROAD & BRIDGE CAPITAL EXPENDITURE REIMBURSEMENT REQUEST Motion by Lahman, second by Bucholz and unanimously carried to authorize reimbursement to the Road and Bridge Fund from the Capital Improvement Fund for a purchase, in the amount of $16,604.00, for door.panels for the New York Mills Garage. This project is a previously approved 2024 carry over. RECESS & RECONVENE At 9:25 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:32 a.m. PUBLIC HEARING At 9:33 a.m., Chair Johnson opened the Public Hearing Related to Bongards Conduit Revenue Bonds. Chair Johnson asked for comments from the public and no comments were received. The Public Hearing was closed at 9:34 a.m., at which time, Community Development Director Amy Baldwin presented the following resolution for approval: RESOLUTION APPROVING ISSUANCE AND SALE OF CONDUIT REVENUE BONDS AND AUTHORIZING EXECUTION OF DOCUMENTS OTTER TAIL COUNTY RESOLUTION NO. 2025-33 WHEREAS, (a) Otter Tail County, Minnesota (the "County") is duly organized and existing under the Constitution and laws of the State of Minnesota; and (b) The purpose of Minnesota Statutes, Sections 469.152 to 469.1655 (the "Act"), as found and determined by the legislature, is to promote the welfare of the State of Minnesota by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; Page 4 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 (c) The Board of Commissioners (the "Board") of the County has received from the Bongards' Creameries, a Minnesota domestic cooperative organized under the laws of the State of Minnesota (the "Borrower"), a proposal that the County issue one or more series of tax-exempt or taxable revenue bonds, as further defined below, the "Bonds," pursuant to the Act; (d) The County desires to facilitate the development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population, and the financing of debt described below will assist the County in achieving those objectives and will enhance the image and reputation of the community; (e) Proceeds derived from the sale of the Bonds will be loaned to the Borrower, pursuant to the terms of a Loan Agreement between the County and the Borrower (the "Loan Agreement") to be used to: (i) finance the capital costs of the proposed development, acquisition, construction and equipping of solid waste and wastewater treatment facilities, including, but not limited to, rehabilitation or construction of ponds and the improvement, betterment and rehabilitation of dryers to be located at the Borrower's cheese plant and waste treatment ponds in Perham, Minnesota and unincorporated Otter Tail County, and (ii) finance any related transaction costs and fund necessary reserves (the "Project"); (f) The County has been advised by Ballard Spahr LLP, as bond counsel, that the City of Perham, Minnesota (the "City") has been requested to consent to the issuance of the Bonds by the County, since a portion of the Project is located within the boundaries of the City; (g) Based on representations of the Borrower, no public official of the County or the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; (h) The Bonds proposed to be issued by the County to finance the Project will constitute special, limited revenue obligations of the County secured solely by: (i) the revenues derived from the Loan Agreement; (ii) an irrevocable direct-pay letter of credit from a bank; and (iii) other security provided or arranged by the Borrower; (i) Under the terms of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Bonds may not be issued on a tax-exempt basis unless the Board approves the Bonds after a public hearing following publication of a notice published in accordance with the requirements of the Code and the applicable Treasury Regulations; (j) Pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations promulgated thereunder, a notice of public hearing in the required form was published in the Fergus Falls Daily Journal, the official newspaper of the County on March 22, 2025; (k) On this date, following the publication of a notice of a public hearing as required by the Act and the Code, the Board conducted a public hearing on the issuance of up to $35,000,000 of conduit revenue bonds at which a reasonable opportunity was provided for interested individuals to express their views on the proposal to finance the Project (the "Public Hearing"); and (I) The Bonds will be purchased by Wells Fargo Bank, National Association (the "Underwriter") pursuant to the Bond Purchase Agreement (the "Bond Purchase Agreement"), among the Underwriter, the County, and the Borrower. Page 5 of 18 NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. Board of Commissioners' Meeting Minutes April 8, 2025 1.1 Findings. The County hereby finds, determines and declares as follows: (a) The County is a body corporate and politic and a political subdivision of the State of Minnesota and is hereby authorized to approve the issuance, sale, and delivery of the Bonds of the County in an original aggregate principal amount not to exceed $12,500,000. If the Bonds are issued in more than one series, the separate series shall be separately designated in such manner as is deemed appropriate by the Chair of the County Board, and the County Administrator (collectively, the "County Officials"), in their discretion. The Bonds shall be issued under the terms of an Indenture of Trust, dated on or after May 1, 2025 (the "Indenture"), between the County and Computershare Trust Company, National Association or such other bond trustee named therein (the "Trustee"). The County will loan the proceeds of the Bonds (the "Loan") to the Borrower for purpose of financing the Project, funding any necessary reserves for the Bonds, and funding costs of issuance for the Bonds. (b) Pursuant to the Loan Agreement, the Borrower has agreed to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Bonds. In addition, the Loan Agreement contains provisions relating to the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the County and the Underwriter deem necessary or desirable. (c) The Borrower shall pay to the County any and all costs incurred by the County in connection with the Bonds, whether or not the issuance of the Bonds is carried to completion, and whether or not the Bonds or operative instruments are executed and delivered. (d) The Bonds will be special, limited revenue obligations of the County. The Bonds shall not be payable from or a charge upon any funds other than the revenues pledged to the payment thereof, nor shall the County be subject to any liability thereon. No holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the County to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the County. The Bonds shall not constitute a debt of the County within the meaning of any constitutional, charter or statutory limitation. (e) The Indenture, the Loan Agreement, the Amended and Restated Credit Agreement, dated as of October 4, 2023 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), between CoBank, ACB, as lender ("Credit Issuer''), and the Borrower, the irrevocable direct-pay letter of credit, dated on or about the date of issuance of the Series 2025 Bonds (the "Credit Facility"), from the Credit Issuer in favor of the Trustee, the Bond Purchase Agreement, and the other financing documents to which the Borrower is a party are referred to herein as the "Financing Documents." SECTION 2. THE BONDS. 2.1 Authorized Amount and Form of Bonds. The Bonds are hereby approved and shall be issued pursuant to this Resolution in substantially the form attached to the Indenture on file with the County Administrator of the County with such appropriate variations, omissions and insertions as are necessary and appropriate and are permitted or required by this Resolution, and in accordance with the further provisions Page 6 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 hereof; and the total aggregate principal amount of the Bonds that may be outstanding hereunder is expressly limited to $12,500,000, unless any duplicate Bonds are issued pursuant to the Indenture. The Bonds shall bear interest at the rates set forth therein and in the Bond Purchase Agreement. Except as otherwise provided in this Resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the County or the Board by the provisions of this Resolution or of the aforementioned documents shall be exercised or performed by the County or by such members of the Board, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, or agreement herein contained or contained in the Financing Documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the Board, or any officer, agent, or employee of the County in that person's individual capacity, and neither the Board nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant, or agreement contained in the Financing Documents, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the County or the breach thereof, shall constitute or give rise to any pecuniary liability of the County or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the County has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 2.3 The Bonds. The Bonds shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity and have such other terms, details, and provisions as are prescribed in the Indenture. The Bonds shall bear interest at a variable rate established by the terms of the Indenture and the final maturity date of the Bonds shall not be later than May 1, 2064. The County hereby authorizes the issuance of the Bonds in minimum denominations of $5,000. The County hereby authorizes the Bonds to be issued as "tax-exempt bonds" the interest on which is excluded from gross income for federal and State of Minnesota income tax purposes. Any separate series of Bonds may be issued as "taxable bonds" if deemed necessary and appropriate by the County Officials and bond counsel. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this Resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law 2.4 Execution. The Bonds shall be executed on behalf of the County by the signatures of its County Officials and shall be sealed with the seal of the County; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. In the event of the absence or disability of any of the County Official such officer(s) of the County as, in the opinion of the County Attorney, may act in their behalf, shall without further act or authorization of the Board execute and deliver the Bonds. Page 7 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 The County Officials and other officers, employees, and agents of the County are hereby authorized to execute and deliver, on behalf of the County, the Financing Documents to which it is a party and such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including various certificates of the County, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, a certificate as to arbitrage and rebate, and similar documents. The County hereby approves the execution and delivery by the Trustee of the Indenture and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Bonds that require execution by the Trustee. The Trustee is hereby appointed as bond registrar and paying agent with respect to the Bonds. The County hereby authorizes Ballard Spahr LLP, as bond counsel of the County, to prepare, execute, and deliver its approving legal opinion with respect to the Bonds. 2.5 Disposition of Proceeds of the Bonds. Upon delivery of the Bonds to the Underwriter, the Underwriter shall, on behalf of the County, advance the proceeds of the Bonds to the Borrower to finance the Project in accordance with the terms of the Loan Agreement. SECTION 3. MISCELLANEOUS. 3.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the County are directed to furnish to Ballard Spahr LLP, as Bond Counsel to the County, certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Bonds. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the County as to the correctness of all statements contained therein. 3.3 Authorization to Execute Agreements. The forms of the proposed Financing Documents to which the County is a party are hereby approved in substantially the form on file with the County, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents. The County Officials are authorized to execute the Financing Documents to which the County is a party and such other documents as Bond Counsel considers appropriate in connection with the issuance of the Bonds, in the name of and on behalf of the County. In the event of the absence or disability of any of the County Officials, such officer(s) of the County as, in the opinion of the County Attorney, may act on their behalf, shall without further act or authorization of the Board do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the County herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 3.4 Future Amendments. The authority to approve, execute and deliver future amendments to the Financing Documents entered into by the County in connection with the issuance of the Bonds and any Page 8 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 consents required under the Financing Documents is hereby delegated to the County Administrator, subject to the following conditions: (a) such amendments or consents do not require the consent of the holder of the Bonds or such consent has been obtained; (b) such amendments or consents do not materially adversely affect the interests of the County; (c) such amendments or consents do not contravene or violate any policy of the County, and (d) such amendments or consents are acceptable in form and substance to the counsel retained by the County to review such amendments. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this Resolution. The execution of any instrument by the County Administrator shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the County Administrator any instrument authorized by this paragraph to be executed and delivered may be executed by the officer of the County authorized to act in his/her place and stead. 3.5 Preliminary Official Statement and Official Statement. The County has not participated in the preparation of the Preliminary Official Statement or the Official Statement relating to the offer and sale of the Bonds (collectively, the "Official Statement"}, and has made no independent investigation with respect to the information contained therein (other than with respect to information provided under the captions 'THE ISSUER" and "ABSENCE OF LITIGATION -Issuer," as it relates to the County), including the appendices thereto, and the County assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the County hereby consents to the distribution and the use by the Underwriter of the Official Statement in connection with the offer and sale of the Bonds. The Official Statement is the sole material consented to by the County for use in connection with the offer and sale of the Bonds. 3.6 Costs Associated with the Bonds. The Borrower has agreed and it is hereby determined that any and all costs incurred by the County in connection with the financing of the Project will be paid by the Borrower. It is understood and agreed that the Borrower shall indemnify, defend and hold harmless the County against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the County) arising with respect to the Project or the Bonds, as provided for and agreed to by and between the Borrower and the County in the Loan Agreement. 3. 7 Other Required Actions. The officers of the County, bond counsel, other attorneys, engineers, and other agents or employees of the County are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and this resolution. In the event that for any reason any of the County Officials is unable to carry out the execution of any of the documents or other acts provided herein, such documents may be executed and such actions may be taken by any official or employee of the County delegated the duties of any such County Official with the same force and effect as if such documents were executed and delivered by such County Official. 3.9 Invalidity. In case any one or more of the prov1s1ons of this Resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, or of the aforementioned documents, or of the Bonds, but this Resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. SECTION 4. ADOPTION. Board of Commissioners' Meeting Minutes April 8, 2025 This resolution shall be in full force and effect from and after its passage. The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Lahman and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 8th day of April, 2025. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: April 22, 2025 Attest:_v0_· _· t_.iJ_lLt/_~---- Nicole Hansen, Clerk RESOLUTION SUPPORTING ARVIG'S BEAD FUNDING PROGRAM APPLICATION OTTER TAIL COUNTY RESOLUTION NO. 2025-34 WHEREAS, the Otter Tail County Board of Commissioners is aware of the Federal Broadband Equity, Access and Deployment (BEAD) program, which provides funding for broadband infrastructure for states to achieve "Internet for All" through for the expansion of service to areas of Minnesota that are unserved or underserved; and WHEREAS, the Otter Tail County Board of Commissioners agrees that broadband is an essential part of county infrastructure; and WHEREAS, the Otter Tail County Board of Commissioners believes broadband is an expectation of residents and business and is directly connected to opportunities for enhancing the economic prosperity in the County; and WHEREAS, the Otter Tail County Board of Commissioners recognizes that the financing of broadband infrastructure is challenging and recognizes that funding such as the BEAD program may encourage providers to invest in building infrastructure into unserved and underserved areas; and WHEREAS, areas of Otter Tail County have been designated "unserved" or "underserved" by the National Telecommunications and Information Administration {NTIA) for the purposes of this grant and therefore eligible for grant support; and NOW THEREFORE BE IT RESOLVED THAT, the Otter Tail County Board of Commissioners hereby encourages and supports Arvig in applying for the BEAD Funding Program for eligible areas north of Battle Lake and instructs staff to write a letter of support if/when requested by the service provider. BE IT FURTHER RESOLVED THAT, the Otter Tail County Board of Commissioners has developed a broadband grant match fund and will support a successful 2025 BEAD Program application by Arvig with a project match not to exceed $16,000 or 10% of the total estimated project costs, so long as the project is within Otter Tail County and construction includes fiber to the door. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Sullivan and, after discussion thereof and upon vote being taken thereon, passed unanimously. Page 10 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 Adopted at Fergus Falls, MN this 8th day of April, 2025. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: April 22, 2025 Attest: Jh • 6tJ0}Urvz.-, Nicole Hansen, Clerk HOUSING & REDEVELOPMENT AUTHORITY PROPERTY TRANSFER Motion by Lahman, second by Bucholz and unanimously carried to approve the conveyance of the tax forfeited property located at 55965 360th Street, New York Mills, MN to the Housing & Redevelopment Authority (HRA) for future affordable housing needs as presented by Community Development Director Amy Baldwin. BRIDGE REPLACEMENT RESOLUTION 2026-2030 BRIDGE LIST OTTER TAIL COUNTY RESOLUTION NO. 2025-35 WHEREAS, Otter Tail County has reviewed the pertinent data on bridges requiring replacement, rehabilitation, or removal, supplied by local citizenry and local units of government; and WHEREAS, Otter Tail County has identified those bridges that are high priority and that require replacement, rehabilitation, or removal within the next five years; and WHEREAS, sufficient local funds for the replacement or rehabilitation of these bridges are not and will not be available, so that funding assistance from State Transportation Bonds is necessary for the County, Townships to proceed, and NOW, THEREFORE BE IT RESOLVED that the following bridges are high priorities for replacement, major rehabilitation, or removal, and Otter Tail County intends to replace, rehabilitate, or remove these bridges as soon as possible when funds are available; and Old Road Crossing LPI Estimated Township Federal Local or Proposed Bridge Number/ Construction or State Funds State Aid Year Name Cost Bridge or Other Funds Funds 91554 CR 143 Leaf River 46 $804,000 $187,600 $455,600 $160,800 2026 91961 Moccasin Wing River 55 $450,000 $440,000 -$10,000 2026 Rd. L0927 CSAH 76 Bluff Creek 60 $540,000 $270,000 -$270,000 2026 91798 520th St Toad River 53 $675,000 $665,000 -$10,000 2026/27 93368 CSAH 51 Unnamed 53 $520,000 $520,000 --2027 Channel 56511 CSAH 42 Win Q River 58 $495,000 -$396,000 $99,000 2028 56519 CSAH 1 Dead River 57 $1,500,000 $750,000 -$750,000 2029 NA CSAH 11 Unnamed -$260,000 $130,000 -$130,000 2030 Creek NA CSAH 37 Pomme de -$250,000 $125,000 -$125,000 2030 Terre River Page 11 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 BE IT FURTHER RESOLVED that Otter Tail County does hereby request authorization to replace, rehabilitate, or remove such bridges; and BE IT FURTHER RESOLVED that Otter Tail County does hereby request financial assistance with eligible approach grading and engineering costs on township bridges, as provided by law; and BE IT FURTHER RESOLVED this Resolution hereby supersedes Resolution No. 2024-32 (2024-2028 Bridge List). The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, Minnesota this 8th day of April 2025. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: April 22, 2025 Attest: -------------Nico I e Hansen, Clerk STATEWIDE WORK GROUP Commissioner Mortenson informed the Board that he will be representing both Minnesota Inter-County Association (MICA) and Association of Minnesota Counties (AMC) in a statewide work group for the Minnesota African American Family Preservation and Child Welfare Disproportionality Act. Mortenson's first meeting is today from 1-3:00 p.m. RECESS & RECONVENE At 9:56 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 10:02 a.m. PUBLIC HEARING Community Development Director Amy Baldwin noted that the Public Hearing regarding a Property Tax Abatement Related to the Single-Family Tax Rebate Program is an update to an application from 2024. The homeowners shifted the construction plans to an adjacent parcel and requested an update of their previously approved application with a new parcel number, 41000330205008, resulting in re-notice with a Public Hearing. At 10:03 a.m., Chair Johnson opened the Public Hearing regarding a Property Tax Abatement Related to the Single-Family Tax Rebate Program. Chair Johnson asked for comments from the public and no comments were received. The Public Hearing closed at 10:04 a.m. ADJOURNMENT At 10:04 a.m., Chair Johnson declared the Otter Tail County Board of Commissioners meeting adjourned. The next regular Board meeting is scheduled at 8:30 a.m. on Tuesday, April 22, 2025, at the Government Services Center in Fergus Falls and via livestream. Page 12 of 18 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Page 13 of 18 Board of Commissioners' Meeting Minutes April 8, 2025 Dated: April 22, 2025 Attest: l,kJ '6(Jl{_tj Ctr-JLL= Nicole Hansen, Clerk Page 14 of 18 Vendor Name A-1 LOCK & KEY ADVANCED AUTO CARE ALBANY RECYCLING CENTER ALEX RUBBISH & RECYCLING INC ALVERO LLC AMAZON CAPITAL SERVICES INC AMP ELECTRIC INC ARROW LIFT ACCESSIBILITY ASSOC.IA TION OF MN COUNTIES AUTO VALUE FERGUS FALLS AUTO VALUE PERHAM AXON ENTERPRISE INC BAlDWIN/AMY BARR ENGINEERING CO BATTERIES PLUS BULBS BEARINGS & MORE OF WADENA LLP BEN HOLZER UNLIMITED WATER LLC BEYER BODY SHOP INC BILDEAUX SERVICES BRAUN VENDING INC BREDEN BERG/ALEXIS BREEZY POINT RESORT BRIAN'S REPAIR INC BROGARD PLUMBlNG HTG & EXC INC CENTEC CAST METAL PRODUCTS INC CLEAN SWEEP COMMERCIAL SERVICES CODE 4 SERVICES INC COLLEGE WAY AUTO COOPER'S OFACE SUPPLY INC CROW WING 00 SHERIFF'S OFFICE CUSTOM TRUCK ONE SOURCE LP CUTTING EDGE OF PERHAM !NC DACOTAH PAPER CO DAKOTA WHOLESALE TIRE INC DIAMOND MOWERS INC DITTBERNER/TREVOR DRUSCH/NICHOl:.AS DSC COMMUNICATIONS EGGE CONSTRUCTION INC EHLERS & ASSOCIATES INC EVERTS LUMBER CO EZ OPEN GARAGE DOOR Board of Commissioners' Meeting Minutes April 8, 2025 (Exhibit A) Amount 1,207.50 1,058.73 2,114.04 641.16 7,240.00 2,105.54 231.00 942.00 3,225.00 1,908.02 52.92 17,774.84 93.10 14,657.00 330.47 173.08 54.00 2,637.38 3,050.00 600.00 42.45 2,182.12 67.86 5,010.12 4,123.20 525.00 1,700.36 164.02 5,936.24 525.00 452.83 10,220.00 621.10 1,490.00 1,010.01 119.00 126.00 384.00 1,755.00 1,220.00 265.04 289.00 Page 15 of 18 Vendor Name F-M FORKLIFT SALES & SERVICE INC FELLBAUM/KEVIN FERGUS FALLS DAILY JOURNAL FERGUS FALLS/CITY OF FERGUS POWER PUMP INC FIDLAR TECHNOLOGIES INC FOTH INFRASTRUCTURE & ENVIRONMEtl FRANZ REPROGRAPHICS fNC FRONTIER PRECISION INC GALLAGHER BENEFIT SERVICES INC GALLSLLC GAPPA OIL COMPANY INC GLADEN CONSTRUCTION INC GMNP GRAINGER INC GREWE/TUCKER HAUKOS SAIES LLC HILLTOP LUMBER INC HOMETOWN REPAIR INC HOTSY MINNESOTA HUBER ELECTRIC MOTOR & PUMP REPA INNOVATIVE OFFICE SOLUTIONS LLC ITL PATCH COMPANY JAKE'S .!JOHNS LLC JENNEN!ADRION JK OUTDOORS UC JOHN BURNS APPRAISAL SERVICES JOHNSON CONTROLS FIRE PROTECTIO~ JOHNSON PERFORMANCE FIREARMS SA JONES LAW OFACE KIMBALL MIDWEST KOEPS SEPTIC LLC KRIS ENGINEERING INC LAKB...AND AUTO REPAIR LLC LAKES COMMUNITY COOPERATIVE LAKES COUNTRY SERVICE COOPERATN LARRY OTT INC LEAF RIVER AG SERVICE LEE/DANIEL LITTLE FALLS MACHINE INC LOCATORS & SUPPLIES INC M-R SIGN CO INC Board of Commissioners' Meeting Minutes April 8, 2025 (Exhibit A) Amount 584.45 15.40 466.23 24.00 8,070.00 7,722.80 23,179.13 31.55 33,052.00 400.00 1,355.41 91.83 500,461.90 2,500.00 3S8.51 42.79 48.65 27.08 68.57 1,268.37 1,043.00 198.03 608.00 340.00 1427 724.97 550.00 9,959.76 1,509.99 495_00 1,416.00 150.00 207_88 5{l00 301.13 84.00 9,200.00 2,328.70 9.64 99.92 1,609.21 2,559.56 Page 16 of 18 Vendor Name MANI WELDING MCCONN/CHRISTOPHER MCIT MHSRCRANGE MID-CENTRAL EQUIPMENT INC MINNESOTA MOTOR COMPANY MINNESOTA SHERIFFS' ASSOCIATION MINNKOTA ENVIRO SERVICES INC MN POLLUTION CONTROL AGENCY MN RESOURCE RECOVERY ASSOCIATIOI MN STATE COMMUNITY & TECHNICAL CC NAPA CENTRAL NELSON AUTO CENTER INC NELSON OYEN TORVIK PUP NEWARK/ALEXIS NORTH AMERICAN SAFETY INC NORTHWEST TIRE INC NUSS TRUCK & EQUIPMENT OLSEN CHAIN & CABLE CO INC OLSON FUNERAL HOME OLSON TlRE & OIL OTTER TAIL CO RECORDER OTTER TAIL CO TREASURER OTTER TAIL POWER COMPANY OTTER TAIL POWER COMPANY PARKERS PRAIRIE INDEPENDENT llCITI- PARKERS PRAIRIEICITY OF PEMBERTON LAW PUP PETE'S AUTOBODY LLC PHILLIPPI/DR JAY PLASTER/EUZABETH PLUNKETTS VARMENT GUARD PRECISE MRM LLC PREMIER ELECTRIC INC PRO AG FARMERS CO OP QUICK'S NAPA AUTO PARTS RDO TRUCK CENTERS LLC RED DOT PEST CONTROL REGENTS OF THE UNNERSITY OF MN RICK'S TIRE & TOWING ROTI-VCOURThlEY RUFFRIDGE-JOHNSON EQUIP CO INC Board of Commissioners' Meeting Minutes April 8, 2025 (Exhibit A) Amount 210.00 224.71 78.00 1,050.00 22.99 87.95 350.00 2.9.50 15.00 750.00 5,500.00 819.33 45,447.00 3,345.00 145.90 115.50 1,655.85 2,481.46 151.48 800.00 206.40 34.00 278.13 57.57 137.82 36.00 130.00 70.50 2,315.00 950.00 398.48 285.44 6,444.39 2,320.72 288.09 36.17 6,963.77 32.0.00 125,600.00 873.00 373.99 6,313.24 Page 17 of 18 Vendor Name STACHfTRENT STAPLES BUSINESS CREDIT STEINS INC STEVE SCHIERER APPRAISALS STEVE'S SANITATION INC STREICHERS SUMMIT FOOD SERVICE LLC SWANSTON EQUIPMENT CORP SWANZJPERRY TAGU? TARPS RUSS THIS WEEKS SHOPPING NEWS THOEN/DAVID TITAN MACHINERY INC TRAUT COMPANIES TRUEMAN WELTERS INC ULINE UNLIMITED AUTOGLASS INC \/ESTIS VICTOR LUNDEEN COMPANY VIKING GARAGE DOOR COMPANY INC VOSS LIGHTING WALVATNEIDOUGlAS WELLS CONSTRUCTION MN LLC WICKER/JASON WILKIN CO HIGHWAY DEPT WING/MICHAEL WM CORPORA1E SERVICES INC WSB & ASSOCIATES INC ZIEGLER INC FmalTotal: Board of Commissioners' Meeting Minutes April 8, 2025 (Exhibit A) Amount 40.60 38223 2,243.69 425.00 112.32 1,358.99 4,454.64 28,661.41 22.40 26.55 825.00 174.60 159.35 167.50 45,765.00 46,161.00 6,844.98 488.:50 269.03 1,597.99 279.66 959.40 3,075.00 220.00 76.49 31,029.93 584.99 18,233.60 6,610.56 4,838.43 1, 135,.383.02 Page 18 of 18 Vendor Name AMAZON CAPITAL SERVICES INC DAHLEN/JODY GENEREUXIJANESSA KLAWITTER/JENNIFER KLOEK/ASHLEY KNUDSON/FONDA L MINNESOTA MOTOR COMPANY MN DEPT OF HEAL TH MN DEPT OF HUMAN SERVICES MNCCC LOCKBOX OLSON/ALIXANDRA OTTER TAIL CO RECORDER OTTER TAIL CO SHERIFF PRODUCTIVE ALTERNATIVES INC QUALITY TOYOTA REWIND INC SELOCKIRY AN SPANGLERIUSA final Total: Vendor Name AMAZON CAPITAL SERVICES INC CLARK/LINDSEY CLAY CO HEAL TH DEPT FRUSTOUANNE HENDRICKXIKATHY INDEPENDENT CONTRACT SERVICES OF LYSNE CONSULTING & COUNSELING LLC MINNESOTA MOTOR COMPANY ODP BUSINESS SOLUTIONS LLC OTTERTAILCOTREASURER OTTER TAIL POWER COMPANY RNC CONSUL TING PA ST FRANCIS MEDICAL CENTER VAN SANTENlDANA VERIZON WIRELESS WESIBYfLINDA Final Total: Board of Commissioners' Meeting Minutes April 8, 2025 (Exhibit A) Amount 110.52 18.26 71.98 113.n 43.56 45.00 1,711.65 40.00 30,343.09 19,500.00 26.30 169.00 297.80 3,474.53 901.51 2,920.00 2,550.00 18.26 62,355.23 Amount 99.71 97.05 241.79 5.60 105.00 6,114.73 600.00 144.65 104.10 128.00 111.37 2,64-7.50 7,490.00 26.25 812.26 32.20 18,760.21 Drainage Authority Meeting Minutes April 8, 2025 OTTER TAIL COUNTY -MINNESOTA DRAI NAGE AUTHORITY MIN UTES Government Services Center, Commissioners' Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN April 8, 2025110:05 a.m. CALL TO ORDER The Otter Tail County Drainage Authority convened at 10:05 a.m. Tuesday, April 8, 2025, at the Government Services Center in Fergus Falls, MN. Commissioners Wayne Johnson, Chair; Bob Lahman, Vice Chair; Kurt Mortenson, Dan Bucholz, and Sean Sullivan were present. APPROVAL OF AGENDA & CONSENT AGENDA Chair Johnson called for joint approval of the Drainage Authority Agenda and Consent Agenda. Motion by Sullivan, second by Lahman and unanimously carried to approve the Drainage Authority Agenda of April 8, 2025 and the Consent Agenda of April 8, 2025 as follows: 1. March 25, 2025, Drainage Authority Meeting Minutes DITCH 5 -PRIVATE CROSSING Motion by Lahman, second by Mortenson and unanimously carried to approve property owner Brian Brogard to work in County Ditch 5 to install, at ditch grade, a 7' culvert for a private crossing at his expense and continued maintenance, as recommended by Drainage Inspector Colby Palmersheim. ADJOURNMENT At 10:10 a.m., Chair Johnson declared the Otter Tail County Drainage Authority meeting adjourned. The next Drainage Authority meeting will immediately follow the next regular Board meeting on Tuesday, April 22, 2025, at the Government Services Center in Fergus Falls and via livestream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: April 22, 2025 Attest: ~ '&LLI-/WJ/.1-- Nicole Hansen, Clerk Page 1 of 1