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PROCEEDINGS OF THE COUNTY BOARD OF JACKSON COUNTY, MINNESOTA

July 19, 2016
The County Board of Jackson County, Minnesota met in regular session, in the Jackson County
Courthouse Board Room, 405 Fourth Street, City of Jackson, Minnesota, on July 19, 2016. The
following County Board members were present: Rosemary Schultz, William Tusa, Kim Hummel,
David Henkels and Don Wachal, Commissioners. County Coordinator Steven Duncan and Trish
Schulz, Human Resources Technician, were also in attendance.
CALL TO ORDER
Chair Schultz called the meeting to order at approximately 9:00 a.m. and led the Pledge of
Allegiance.
Motion was made by Commissioner Hummel and seconded by Commissioner Wachal to adopt
the agenda. Motion carried unanimously.
CONSENT AGENDA
Motion was made by Commissioner Henkels and seconded by Commissioner Tusa to approve
the Consent Agenda. Motion carried unanimously.
Board Action 16 - 164: Approve the July 5, 2016 Board of Commissioner meeting minutes.
Board Action 16 - 165: Approve all Commissioners disbursements in accordance with Minnesota
Statutes 130.01, subd. 4(b), recorded on warrants numbered 78808 through 78952 in the amount of
$2,747,683.69 - for Revenue Fund, $116,829.45; Road and Bridge, $2,157,912.38; Ditch Funds,
$187,343.38; Bonds Fund 36, $25,868.75; Bonds Fund 38, $11,260.00; Agency, $2,662.50;
Revolving Loan Fund, $234.00; and Bonds Fund 37, $18,276.25. A detailed list of claims paid is
available at the Auditor/Treasurer’s Office upon request.
Board Action 16 - 166: Approve Addendum to the Public Works Joint Powers Agreement to
address Litigation and Cost Sharing with the City of Jackson.
Board Action 16 - 167: Approve the Sheriff’s Department request for a County credit card for Chief
Deputy Kelly Mitchell, and authorize the request of Sheriff Haken to increase the limit to $1,000 for
the Department Head credit card.
Board Action 16 - 168: Approve the recycling fee abatement for parcel 24.200.0310 for $144.00.
Board Action 16 - 169: Approve the following utility permit:
Qwest Centurylink –bore fiber – CSAH 29 – Petersburg Township
AUDITOR/TREASURER
Kurt Deter of Rinke, Noonan Attorneys at Law appeared by telephone to present information to the
Board of Commissioners regarding County Ditch 124. Motion was made by Commissioner Tusa

and seconded by Commissioner Wachal to approve Board Action 16 - 170: acting as Drainage
Authority; approve settlement orders. Motion carried unanimously.
LAND MANAGEMENT
Motion was made by Commissioner Hummel and seconded by Commissioner Henkels to
approve Resolution 16 - 174 Opting-out of the Requirements of Minnesota Statutes, Section
394.307. Motion carried unanimously.
County of Jackson
State of Minnesota

)
) SS.
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Resolution No. 174

RESOLUTION OPTING-OUT OF THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 394.307
WHEREAS, on May 12, 2016, the Governor of Minnesota signed into law Chapter 111 of
the 89th Legislature of the State of Minnesota establishing definitions and requirements for
Temporary Family Health Care Dwellings, which was introduced during the 2016 legislature
session as Senate File 2555 and House File 2497; and
WHEREAS, Chapter 111 amends Minnesota Statute § 394 which regulates county
permitting and zoning processes by establishing new rules for the placement of Temporary Family
Health Care Dwellings on residential property; and
WHEREAS, the Minnesota Association of County Planning and Zoning Administrators, the
professional association for county planning and zoning staff in Minnesota, supports the concept of
Temporary Family Health Care Dwellings; and
WHEREAS, Chapter 111 erodes local control of the permitting process; limiting a county’s
ability to foster and guide development, and placing undue burden on county staff to forego
standard permitting practices; and
WHEREAS, it is the intent of the Jackson County Board of Commissioners to protect the
public health, safety, and general welfare of County residents and the environment of the County;
and
WHEREAS, subdivision 9 of Minnesota Statute § 394.307 allows a county to “opt-out” of
the regulations through the passage of a county board resolution; now therefore,
BE IT RESOLVED, Jackson County elects to regulate Temporary Family Health Care
Dwellings through already existing permitting standards of the Jackson County Development Code;
and

BE IT RESOLVED, pursuant to authority granted by Minnesota Statutes, Section 394.307,
Subdivision 9, the County of Jackson opts-out of the requirements of Minnesota Statute 394.307,
which defines and regulates Temporary Family Health Care Dwellings.
Passed and adopted by the Board of Commissioners of the County of Jackson, Minnesota
this 19th day of July 2016.

_________________________________
Rosemary Schultz, Chair
Jackson County, Minnesota Board of Commissioners
ATTEST:

_______________________________(SEAL)
Steven J. Duncan
County Coordinator of Jackson County, Minnesota
PUBLIC WORKS
Motion was made by Commissioner Henkels and seconded by Commissioner Wachal to
approve Board Action 16 - 171 approving the Contract and Bond with Mathiowetz Construction Co.
for SAP 032-629-39, SAP 032-629-040 and SAP 032-629-041 (related to grading & box culvert
replacement on CSAH 29). Motion carried unanimously.
Motion was made by Commissioner Hummel and seconded by Commissioner Tusa to adopt
County Resolution 16 - 175 approving final payment for CP 032-100-021. Motion carried
unanimously.
RESOLTUION 16 – 175 JACKSON COUNTY HIGHWAY DEPARTMENT
CERTIFICATE OF FINAL ACCEPTANCE
COUNTY BOARD ACKNOWLEDGEMENT
Contract Number: 0021
Contractor: 00003 – JJD Companies
Date Certified: 6/14/2016
Payment Number: 4
WHEREAS; Contract No. 0021 has in all things been completed, and the County Board being fully
advised in the premises,
NOW THEN BE IT RESOLVED; that we do hereby accept said completed project for and in
behalf of the Jackson County Highway Department and authorize final payment as specified therein.
Jackson County Highway Department

Passed and adopted by the Board of Commissioners of the County of Jackson, Minnesota this 19th
day of July 2016.
_________________________________
Rosemary Schultz, Chair
Jackson County, Minnesota Board of Commissioners
ATTEST:

_______________________________(SEAL)
Steven J. Duncan
County Coordinator of Jackson County, Minnesota
Motion was made by Commissioner Tusa and seconded by Commissioner Henkels to approve
Board Action 16 - 172 approving the policy on Transverse Rumble Strips, and directing solicitation
of quotes for work at the Engineer’s discretion. Motion carried unanimously.
Motion was made by Commissioner Hummel and seconded by Commissioner Henkels to
approve Board Action 16 – 173 approving purchase from State Contract #70287, and from Ranger
Chevrolet of Hibbing, MN, for a 2016 GMC Sierra 1500 4WD Crew Cab for the Highway
Maintenance Department at a total cost of $34,190.82. Motion carried unanimously.
JACKSON COUNTY ATTORNEY
Motion was made by Commissioner Schultz and seconded by Commissioner Tusa to approve
Board Action 16 - 174 approving a contract for legal secretary services to prepare echarging
complaints for Handevidt and Anderson LLC. Motion carried unanimously.
Motion was made by Commissioner Hummel and seconded by Commissioner Wachal to adopt
County Resolution 16 - 176 approving State of Minnesota Joint Powers Agreements with the
County of Jackson on Behalf of its County Attorney. Motion carried unanimously.
RESOLUTION NO. 16 - 176
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS
WITH THE COUNTY OF JACKSON ON BEHALF OF ITS COUNTY ATTORNEY
WHEREAS, the County of Jackson on behalf of its County Attorney desires to enter into Joint
Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal
Apprehension to use systems and tools available over the State’s criminal justice data
communications network for which the County is eligible. The Joint Powers Agreements further
provide the County with the ability to add, modify and delete connectivity, systems and tools over
the five year life of the agreement and obligates the County to pay the costs for the network
connection.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Jackson, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of
Jackson on behalf of its County Attorney are hereby approved. Copies of the two Joint Powers
Agreements are attached to this Resolution and made a part of it.
2. That the County Attorney-, Sherry Haley, or his or her successor, is designated the Authorized
Representative for the County Attorney. The Authorized Representative is also authorized to sign
any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the County’s connection to the systems and tools offered by the State.
3. That Rosemary Schultz-, the Chair of the County of Jackson, and Steven Duncan, the County
Coordinator, Board Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the County Board on this 19th day of July, 2016.
COUNTY OF JACKSON
_________________________________
By: Rosemary Schultz
Its Board Chair
ATTEST:

____________________________________
By: Steven Duncan
Its County Coordinator
Motion was made by Commissioner Hummel and seconded by Commissioner Henkels to adopt
County Resolution 16 - 177 approving State of Minnesota Joint Powers Agreements with the
County of Jackson on Behalf of its County Sheriff. Motion carried unanimously.
RESOLUTION NO. 16 - 177
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS
WITH THE COUNTY OF JACKSON ON BEHALF OF ITS COUNTY SHERIFF
WHEREAS, the County of Jackson on behalf of its County Sheriff desires to enter into Joint Powers
Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal
Apprehension to use systems and tools available over the State’s criminal justice data
communications network for which the County is eligible. The Joint Powers Agreements further
provide the County with the ability to add, modify and delete connectivity, systems and tools over
the five year life of the agreement and obligates the County to pay the costs for the network
connection.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Jackson, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of
Jackson on behalf of its County Sheriff are hereby approved. Copies of the two Joint Powers
Agreements are attached to this Resolution and made a part of it.
2. That the County Sheriff-, Shawn Haken, or his or her successor, is designated the Authorized
Representative for the County Sheriff. The Authorized Representative is also authorized to sign any
subsequent amendment or agreement that may be required by the State of Minnesota to maintain the
County’s connection to the systems and tools offered by the State.
3. That Rosemary Schultz-, the Chair of the County of Jackson, and Steven Duncan, the County
Coordinator, Board Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the County Board on this 19th day of July, 2016.
COUNTY OF JACKSON
_________________________________
By: Rosemary Schultz
Its Board Chair
ATTEST:
____________________________________
By: Steven Duncan
Its County Coordinator
Motion was made by Commissioner Hummel and seconded by Commissioner Tusa to adopt
County Resolution 16 - 178 approving State of Minnesota Joint Powers Agreements with the
County of Jackson on Behalf of its County Court Services. Motion carried unanimously.
RESOLUTION NO. 16 - 178
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS
WITH THE COUNTY OF JACKSON ON BEHALF OF ITS COUNTY COURT SERVICES
WHEREAS, the County of Jackson on behalf of its County Court Services (Probation) desires to
enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety,
Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal
justice data communications network for which the County is eligible. The Joint Powers
Agreements further provide the County with the ability to add, modify and delete connectivity,
systems and tools over the five year life of the agreement and obligates the County to pay the costs
for the network connection.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Jackson, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of
Jackson on behalf of its County Court Services are hereby approved. Copies of the two Joint
Powers Agreements are attached to this Resolution and made a part of it.
2. That the County Court Services Director-, Robert Jirele, or his or her successor, is designated the
Authorized Representative for the County Court Services. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required by the State of
Minnesota to maintain the County’s connection to the systems and tools offered by the State.
3. That Rosemary Schultz-, the Chair of the County of Jackson, and Steven Duncan, the County
Coordinator, Board Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the County Board on this 19th day of July, 2016.
COUNTY OF JACKSON
_________________________________
By: Rosemary Schultz
Its Board Chair
ATTEST:
____________________________________
By: Steven Duncan
Its County Coordinator
COUNTY COORDINATOR
Discussion was held regarding the Government Center East/62 Building HVAC & Office
Development project. Mr. Duncan informed that the bids received to do the project exceeded
estimates and that there was not enough funding to complete the project, as designed, at this time.
A special meeting/work session was scheduled for Tuesday, July 26, 2016, at 9:00 a.m. in the
Commissioner’s Board Room, to further discuss the proposed project and how it fits with available
capital improvement funds utilized for such projects.
COMMITTEE AND BOARD REPORTS
Commissioner Wachal reported on meetings he attended including DNR and Public Works/Parks
regarding Kilen Woods State Park, GBERBA, AMC District 8 land use meeting, and Des Moines
Valley Health and Human Services (DVHHS).
Commissioner Tusa reported on meetings he attended including the County/City of Jackson Public
Works Facility, Jackson City Council meeting, Western Community Action Executive Meeting,
Western Transit, Fair Association Board, Land Management meeting regarding Loon Lake Sewer

Project, Hunger Team, Judicial Ditch meeting with Nobles County, DVHHS, and a meeting held
with County staff and Fair Association Board representatives.
Commissioner Hummel reported on meetings she attended including the County/City of Jackson
Public Works Facility, Jackson City Council meeting, Land Management meeting regarding Loon
Lake Sewer Project, Fort Belmont, DVHHS, and a meeting held with County staff and Fair
Association Board representatives.
Commissioner Schultz reported on meetings she attended including Extension Committee, Trails
Committee, Judicial Ditch meeting with Nobles County, Statewide Health Improvement Plan,
DVHHS, and Prairie Ecology Bus Center.
Commissioner Henkels reported on meetings he attended including DNR and Public Works/Parks
regarding Kilen Woods State Park, Judicial Ditch meeting with Nobles County, Southwest Mental
Health Governing Board, DVHHS, and the Southwest Regional Development Commission Annual
Meeting.
ADJOURN
Motion was made by Commissioner Hummel and seconded by Commissioner Henkels to
adjourn the meeting.
JACKSON COUNTY BOARD OF COMMISSIONERS
_____________________________________________
Rosemary Schultz, Chair

ATTEST: _______________________________
Steven Duncan, County Coordinator