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PROCEEDINGS OF THE COUNTY BOARD

November 18, 2014


The County Board of Jackson County met in regular session in the Courthouse in the City of
Jackson on November 18, 2014 at 9:00 am. The following members were present: Kim Hummel,
David Henkels, Gary Willink, William Tusa, and Rosemary Schultz, Commissioners; County
Coordinator, Janice Fransen and Trish Schulz, Human Resources Technician.
Motion was made by Commissioner Willink and seconded by Commissioner Tusa to approve
the Agenda. Motion carried unanimously.
Motion was made by Commissioner Henkels and seconded by Commissioner Willink to
approve the Consent Agenda. Motion carried unanimously.
Resolution 14-370 approving the November 4, 2014 Proceedings of the County Board.
Resolution 14-371 approving all Commissioners disbursements in accordance with Minnesota
Statutes 130.01, subd. 4(b), recorded on warrants numbered 72935 through 73111 in the amount of
$2,455,410.43 - for Revenue Fund, $56,020.44; Road and Bridge, $2,179,532.05; CIP Bonds,
$207,343.15; Ditch Fund, $10,385.55; Tax and Penalty, $1,592.74; and Library, $536.50. A detailed
list of claims paid is available at the Auditor/Treasurers Office upon request.
Resolution 14-372 re-appointing Michelle Ignaszewski to the Extension Local Advisory Committee
for a three year term effective January 6, 2015 through January 2, 2018.
Resolution 14-373 accepting the Petition for Improvement of Judicial Ditch Number 24 and
appointing Bolton and Menk as the Engineer for the Project.
RESOLUTION 14-373
WHEREAS, a petition for the Improvement of Judicial Ditch 24 in Jackson County has been
submitted to the Jackson County Auditor/Treasurer; and
WHEREAS, the Jackson County Attorney has reviewed the petition and refers the petition to the
Drainage Authority for statutory further action; and
WHEREAS, the petitioners request that the drainage authority proceed in accordance with this
petition authorized by law as provided in Minnesota Statutes Chapter 103E as amended; and
WHEREAS, it is recommended by the Jackson County Auditor/Treasurer to the Jackson County
Board of Commissioners acting as the Drainage Authority for Jackson County to hereby accept the
petition for the Improvement of Judicial Ditch #24; and
NOW, THEREFORE, the Drainage Authority for Jackson County hereby accepts the petition for
Judicial Ditch #24 and approves the appointment of Duane Hansel of Bolton & Menk, or in the
alternative, another engineer skilled in drainage matters to examine the proposed work.

Duly Passed and Adopted this 18th Day of November 2014


Jackson County Board of Commissioners
_________________________________
Kim Hummel, Chair
ATTEST: __________________________
Janice Fransen
Jackson County Coordinator
Resolution 14-374 approving a Mortgage Satisfaction for Todd M. Roberts and Michelle L. Roberts
for a mortgage recorded on November 8, 2006 as Document Number 168295 in the Office of
County Recorder in Lyon County pending County Attorney review.
Resolution 14-375 approving Lease Agreements with the following individuals for storage of
personal property at the Jackson County Fairgrounds.
Anderson Building
Dennis Kaderabek
212 Cush St
Jackson, MN 56143
4-H Building
Mike Baker
133 Circle Drive
Jackson, MN 56143

288.00

403.50

Joe Clymer
13265 253rd Ave
Spirit Lake, IA

228.00

John Gee
815 Brown St
Jackson, MN 56143

162.00

Ryan Hargan
80711 Hwy 71
Jackson, MN 56143

360.00

Jeff Heser
Jackson, MN 56143

94.00

Clair Jackson
Windom, MN 56101

240.00

Adam Laabs
611 Milwaukee St
Lakefield, MN 56150

250.00

Greg Place
16130 255th Ave.
Spirit Lake, IA

108.00

Dave Pronk
502 West St
Jackson, MN 56143

178.00

Kelly Rasche
145 1st Ave.
Jackson, MN 56143

94.00

Joe Vrchota
5135 760th St
Jackson, MN 56143

252.00

Building 2
Carl Edlin
72003 Petersburg Road
Jackson, MN 56143

252.00

David Eggiman
2479 Superior Lane
Rochester, MN

264.00

Jeff Fiala
Jackson, MN 56143

325.00

Dennis Jacobs
4502 66th St
Urbandale, IA 50322

264.00

Ron Jensen
75877 Petersburg Rd
Jackson, MN 56143

630.00

Ron Kline
122 South St.
Jackson, MN 56143

324.00

Alan Koster
129 1st Ave.
Jackson, MN 56143

370.00

Tim Ollerich
89335 440th Ave.
Heron Lake, MN 56137

336.00

Scott Olson
110 Bryan Road
Jackson, MN 56143

178.00

Joe Pell
152 1st Ave.
Jackson, MN 56143

384.00

William Penn
601 252nd Ave
Spirit Lake, IA

396.00

Chad Peterson
1528 Sayles
Jackson, MN 56143

50.00

Jim Schuett
1005 Eloise St
Okoboji IA

210.00

John Willey
57338 760th St
Jackson, MN 56143

294.00

Building 3
Shawn Erickson
111 3rd Ave
Jackson, MN 56143

240.00

Chuck Fredrick
88 Maple St
Jackson, MN 56143

222.00

Dave Hargan
142 Circle Drive
Jackson, MN 56143

175.00

Dennis Jaeger
906 8th St
Spirit Lake, IA

204.00

John Kuphal
99 Maple St
Jackson, MN 56143

178.00

Alvern Nelson
918 White St
Jackson, MN 56143

189.00

Resolution 14-376 approving the following utility permits:


Long Lines LTD - plow and bore fiber - CSAH 25, 4, 23 - Petersburg Township
Beemer Companies - bore sewer - CSAH 51 - Des Moines Township
Resolution 14-377 approving Retailer's License for Sale of Tobacco for:
Vet's Oil Company, Inc. D/B/A Vet's Whoa N' Go Fuel Stop
Effective January 1, 2015 through December 31, 2015.
AUDITOR/TREASURER
Motion was made by Commissioner Willink and seconded by Commissioner Tusa to adopt
Resolution 14-378 approving Retailers License for Sale of Tobacco for:
C & M of Jackson LLC D/B/A/ Super America
Effective January 1, 2015 through December 31, 2015. Motion carried unanimously.

Motion was made by Commissioner Schultz and seconded by Commissioner Willink to adopt
Resolution 14-379 approving Retailers License for Sale of Tobacco for:
Caseys General Store #1660
Effective January 1, 2015 through December 31, 2015. Motion carried unanimously.
Motion was made by Commissioner Henkels and seconded by Commissioner Willink to adopt
Resolution 14-380 setting a public hearing for Tuesday, December 16, 2014 at 2:00 pm in the
County Board Room of the Jackson County Courthouse to consider redetermination of benefits for
Judicial Ditch No.12. Motion carried unanimously.
LUTHERAN SOCIAL SERVICES
Sarah Henfling, Lutheran Social Services Assistant Director of Senior Nutrition Program in
Southern Minnesota presented information to the Board regarding Senior Dining/Meals on Wheels
in Jackson County.
LAND MANAGEMENT
Motion was made by Commissioner Tusa and seconded by Commissioner Willink to adopt
Resolution 14-381 to approve and adopt the Multi-County Southwest Regional Solid Waste
Commission Solid Waste Management Plan, contingent upon County Attorney review. Motion
carried unanimously.
RESOLUTION 14-381 TO APPROVE AND ADOPT THE MULTI-COUNTY SOUTHWEST
REGIONAL SOLID WASTE COMMISSION SOLID WASTE MANAGEMENT PLAN
WHEREAS, the legislature of the State of Minnesota requires that Minnesotas counties develop a
Solid Waste Management Plan in accordance with Minn. Stat. 115A.46; 115A.471; 115A.551,
subds. 6-7; 115A.552; 115A.557, subd. 2-3; 115A.63; 115A.84; 115A.914; 115.96, Subd.6-7;
115A.917; 115A.97; Minn. Rules 9215 and all other applicable statutes and rules; and
WHEREAS, Minnesota counties recognize the need to plan for and practice environmentally sound
methods of managing their solid waste stream;
WHEREAS, in 1989, the legislature of the State of Minnesota enacted legislation to require that
Solid Waste Management Plans be amended to include the requirements in Minn. Stat.
115A.551, 115A.914 and 115A.96, Subd. 6 (1991); and
WHEREAS, Jackson County recognizes the need to plan for and implement waste reduction,
recycling, education, yard waste, source separated organic materials composting, special and
problem material waste management strategies, and processing of MSW;
WHEREAS, Jackson County is a member of the twelve county Southwest Regional Solid Waste
Commission (SWSWC) Joint Powers Board, and will be responsible and accountable to implement,
measure and track effectiveness in reaching individual and regional goals and objectives.
NOW, THEREFORE, BE IT RESOLVED, that the Jackson County Board of Commissioners hereby
approves and adopts the multi-County Southwest Regional Solid Waste Commission Solid Waste
Management Plan and supporting documentation, dated November 18th, 2014.

BE IT THEREFORE FURTHER RESOLVED, that Jackson County agrees to maintain and


implement the Plan as required by Minn. Rules pt. 9215.0530, subp. 1 and 2.
BE IT THEREFORE FURTHER RESOLVED, that the Jackson County Board of Commissioners
submits this document to the Commissioner of the Minnesota Pollution Control Agency pursuant to
applicable Minnesota laws and rules.
Adopted this 18th day of November, 2014 by the Jackson County Board of Commissioners.
______________________________________________________________________,
Chairperson, Jackson County Board of Commissioners
Attest: ___________________________________________________________
Jackson County Coordinator
COUNTY ATTORNEY
Motion was made by Commissioner Tusa and seconded by Commissioner Willink to adopt
Resolution 14-382 approving Retirement of County Attorney Robert C. OConnor, and appointing
Sherry E. Haley as Acting County Attorney. Motion carried unanimously.
RESOLUTION 14-382 APPROVING RETIREMENT OF JACKSON COUNTY ATTORNEY
ROBERT C. OCONNOR
AND
APPOINTING SHERRY E. HALEY AS ACTING COUNTY ATTORNEY
BE IT RESOLVED by the County Board (the Board) of the County of Jackson, Minnesota (the
County), as follows:
1.

That the Jackson County Board accepts the retirement of the Jackson County Attorney,
Robert C. OConnor with an effective date of November 30, 2014.

2. That the Jackson County Board appoints Sherry E. Haley to serve as Acting Jackson County
Attorney commencing December 1, 2014 and for the remainder of the current term of office.
3. That the salary for Sherry E. Haley as Acting Jackson County Attorney shall be set at
$84,926.40 commencing December 1, 2014.
Adopted this 18th day of November, 2014.
____________________________________
Kim Hummel, Chair
ATTEST: _______________________________
Janice Fransen, County Coordinator

PUBLIC WORKS
Motion was made by Commissioner Henkels and seconded by Commissioner Schultz to adopt
Resolution 14-383 removing the conditional deferment placed on the purchase of a disc mower by
Resolution 14-169 and approving the purchase of a Massey Ferguson disc mower Model 1327 from
Midway Farm Equipment of Mountain Lake, Minnesota for $5,550.00. Motion carried
unanimously.
ODELL WIND FARM
Motion was made by Commissioner Henkels and seconded by Commissioner Schultz to adopt
Resolution 14-384 approving the Development Agreement between Odell Wind Farm, LLC and
Jackson County, together with the Counties of Cottonwood, Martin and Watonwan. Motion carried
unanimously.
BUILDING MAINTENANCE
Motion was made by Commissioner Tusa and seconded by Commissioner Willink to adopt
Resolution 14-385 accepting the quote of Mosley Inc. to furnish and install a new water softener in
the Government Center East Building at a cost of $4,680.00 to be funded from the Building
Improvement fund. Motion carried unanimously.
COUNTY COORDINATOR
Motion was made by Commissioner Henkels and seconded by Commissioner Schultz to adopt
Resolution 14-386 appointing Anne Wagner to the Extension Local Advisory Committee for a three
year term effective January 6, 2015 through January 2, 2018. Motion carried unanimously.
Motion was made by Commissioner Henkels and seconded by Commissioner Schultz to adopt
Resolution 14-387 approving a cost of living increase of 1.0% on the Compensation Plan matrix for
non-union employees effective January 1, 2015. Motion carried unanimously.
Motion was made by Commissioner Hummel and seconded by Commissioner Willink to adopt
Resolution 14-388 setting Court Appointed Attorney contract rates for 2015 and 2016 at $1,100 per
month. Motion carried unanimously.
Motion was made by Commissioner Henkels and seconded by Commissioner Tusa to adopt
Resolution 14-389 approving a Lease with James Schreiber effective November 7, 2014 through
April 30, 2015 for the house at 48796 715th Street, Jackson, MN. Motion carried unanimously.
Motion was made by Commissioner Schultz and seconded by Commissioner Henkels to adopt
Resolution 14- 390 adopting the Look-Back method for determining the employment status (fulltime or part-time) of employees of Jackson County for purposes of the Affordable Care Act and
establishing the following periods:
Ongoing
Standard Measurement Period 1 year beginning October 13, 2013 through October 12, 2014
and thereafter running annually from October to October, with the beginning and ending dates to
coincide with the start and end dates of the pay periods.

Administration Period beginning October 13, 2014 through December 31, 2014 and thereafter
running annually from the day after the Standard Measurement Period to the end of the year.
Standard Stability Period beginning January 1, 2015 through December 31, 2015 and
thereafter running annually from January 1 through December 31.
New Employees
Initial Measurement Period 1 year beginning the first day of the pay period that includes the
first day of the month after the employees start date.
Administration Period 1 month
Initial Stability Period 1 year beginning the first day of the pay period that includes the end
date of the Administration Period.
Motion carried unanimously.
CLOSED MEETING
Motion was made by Commissioner Tusa and seconded by Commissioner Willink to close the
meeting as permitted by Minnesota Statutes Section 13D.05 subdivision 3(c) to discuss real estate
negotiations. Motion carried unanimously.
Motion was made by Commissioner Henkels and seconded by Commissioner Schultz to reopen the meeting. Motion carried unanimously.
Chair Hummel appoints Commissioners Tusa and Willink to a Real Estate Negotiating Team.
COMITTEE AND BOARD REPORTS
Commissioner Schultz reported on AMC District Meeting, Des Moines Valley Health and Human
Services (DVHHS) Joint Powers Board Meeting, Canvassing Board, DVHHS Work Effects
Workshop, and Plum Creek Library Executive Board.
Commissioner Henkels reported on DVHHS Joint Powers Board, SW Mental Health Center
Governing Board, and Southwest Regional Development Commission.
Commissioner Willink reported on AMC District Meeting, Race Committee, and DVHHS Joint
Powers Board Meeting, and Hunger Team meeting.
Commissioner Tusa reported on Drug Court, Canvassing Board, Race Committee, DVHHS Joint
Powers Board Meeting, Hunger Team meeting, DVHHS Work Effects Workshop, Fair Board, and
Western Community Action.
Commissioner Hummel reported on Extension Committee, AMC District Meeting, DVHHS Joint
Powers Board Meeting, DVHHS Work Effects Workshop, Law Library, Work Effects, Extension
Candidate Review, and DVHHS Union Negotiations.
Motion was made by Commissioner Schultz and seconded by Commissioner Tusa to adjourn
the meeting. Motion carried unanimously.

____________________________________
Kim Hummel, Chair
ATTEST: _______________________________
Janice Fransen, County Coordinator

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