September 21, 2011
A TRANSCRIPT OF THE PROCEEDINGS OF A REGULAR MEETING OF THE
HUBBARD COUNTY BOARD OF COMMISSIONERS HELD ON SEPTEMBER 21, 2011,
AT 9:00 0'CLOCK A.M.
A regular meeting of the Hubbard County Board of Commissioners was held on September
21, 2010, at 9:00 a.m. with Commissioners Grell, Devine, Robinson and Johannsen and
Coordinator, Debbie Thompson present. Commissioner Larson was absent.
The Pledge of Allegiance was said by all.
The meeting was called to order by Vice Chairman, Dick Devine.
On motion of Ms. Grell, seconded by Mr. Robinson and carried unanimously, the agenda
was approved, as submitted.
On motion of Mr. Robinson, seconded by Mr. Johannsen and carried unanimously, the
minutes of the regular meeting held on September 7, 2011, were approved, as submitted.
Public Input: A citizen inquiry regarding the preparation of a road easement in Schoolcraft
Township discussed at the September 7, 2011, board meeting was referred to the Public Works
scheduled time on the agenda.
Auditor/Treasurer: On motion of Mr. Robinson, seconded by Mr. Johannsen and carried
unanimously, the payment of the regular bills and the auditor’s warrants dated September 9, and
September 16, 2011, was approved as submitted.
Auditor/Treasurer, Pam Heeren distributed the following reports: Donations Report;
General Revenue Cash Balance Report and Overtime Report dated August 31, 2011.
Ms. Heeren reported the Abatement Policy had not been reviewed since 2006 and she and
the Assessor were suggesting revisions may be appropriate. Discussion followed. By consensus of
the Board, the Auditor/Treasurer and the Assessor were directed to review the Abatement Policy
and make a recommendation as to suggested revisions for review by the Board.
On motion of Mr. Johannsen, seconded by Mr. Robinson and carried unanimously, the
application for repurchase of forfeited lands of Kurt Lee Lathrop was approved, for Parcel
#17.15.01900, W200 of E559 of N225 in NW¼ of NW¼ in D128 P392 Also described as: Fr NE
cor of NW¼ of NW¼ W 359 PB S 225 W200 N225 E200 to PB. Section 15, Township 143,
Range 34 and the resolution was adopted:
RESOLUTION NO. 09211101
RESOLVED, by the Board of County Commissioners of Hubbard County, Minnesota that the
foregoing application is hereby approved for the reasons stated as follows:
Applicants homestead.
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Public Works: Land Commissioner, Mark Lohmeier presented two timber parcels
located in Rockwood and Lake Alice Townships to be included in the timber auction scheduled
for October 11, 2011. Discussion followed. On motion of Mr. Johannsen, seconded by Mr.
Robinson and carried unanimously, the timber parcels were added to the scheduled timber
auction, as recommended by the Land Commissioner, and the addition of others was encouraged,
if prepared in a timely manner.
Solid Waste Administrator, Vern Massie provided information regarding the review of
the Recycling contract. Discussion followed. By consensus of the Board, Mr. Massie was
directed to obtain quotes for electronics recycling, including the DAC, for review by the Board.
On motion of Mr. Robinson, seconded by Mr. Johannsen and carried unanimously, the
final budcapping payment to Star Forestry, Bemidji, MN in the amount of $8,165.12 was
approved, by auditor’s warrant, as recommended by the Land Commissioner, to be paid from
budgeted monies.
County residents, Dennis Hansen and Robbie Manthey questioned the status of the
preparation of the Road Easement located in Schoolcraft Township that was discussed on
September 7, 2011. Discussion followed. No additional action was required at this time.
Assessor: Assessor, Bob Hansen provided information regarding a resolution that was
adopted on January 2, 1973, approving countywide assessing. Discussion followed. On motion
of Mr. Robinson, seconded by Mr. Johannsen and carried unanimously, the following resolution
was adopted:
RESOLUTION NO. 09211102
WHEREAS, Minnesota Statutes §273.052 authorizes and empowers any county in the state
of Minnesota to provide for the assessment of all taxable property in the county by the county
assessor, and
WHEREAS, on January 2, 1973 the Hubbard County Board passed a resolution pursuant to
Minn. Stat. §273.055 (1971) electing to provide for the assessment of property by the county
assessor, and
WHEREAS, on January 2, 1973 it was the opinion of a majority of the Board that the
election to provide for assessment of all property in the County of Hubbard by the County
Assessor as provided in Sections §273.052 – 273.055 is necessary to provide for equalized
assessments throughout the County and is in the public interest, and
WHEREAS, pursuant to Section §273.055 the County Assessor be authorized and
empowered to assess all taxable property in the County effective on January 2, 1975, and
WHEREAS, it appears that Hubbard County did not implement the January 2, 1973
resolution, and
WHEREAS, the Township and City governmental agencies in the County of Hubbard,
State of Minnesota, have continued to contract with qualified licensed assessors, as independent
contractors, to provide their assessment services for the past thirty-six years, and
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WHEREAS, pursuant to §273.056 if after electing in accordance with section §273.055,
the board of county commissioners shall determine that the interests of the county may be better
served through valuation by local assessors, after four years it may revoke the election, and
WHEREAS, a cursory review of the archives of the Board minutes for the past thirty-six
years did not reveal formal Board action revoking the resolution of January 2, 1973, and
WHEREAS, it appears that the County Board may not have taken formal board action
revoking the January 2, 1973 resolution although in practice it was never implemented,
NOW, THEREFORE BE IT RESOLVED, that the Hubbard County Board revokes the January 2,
1973 resolution authorizing and empowering the county assessor to provide for the assessment of all tax
property in the Townships and Cities of the County, and
BE IT FURTHER RESOLVED, this revocation is effective immediately.
Mr. Hansen presented an estimation of the impact on the tax extension rate, had the
Homestead Market Value exclusion been applied to 2011 tax revenues. Discussion followed with
no action necessary at this time.
Social Services: Social Services Director, Daryl Bessler presented quotes received for
purchase of a portable scanner, as follows: Information Systems Corporation, Fargo ND $725, plus $200 installation fee and online Game Keg 529, with no installation or technical
support. Discussion followed. On motion of Ms. Grell, seconded by Mr. Robinson and carried
unanimously, the purchase in bold by underlined quote above was approved, based on the
technical support available, with 66% reimbursement, as recommended by the Technology
Coordinator, to be paid from social services budgeted monies.
On motion of Mr. Robinson, seconded by Mr. Johannsen and carried unanimously, the
completion of service provider contracts including rate reductions as required by legislative
action was approved, per the recommendation of the Social Services Director.
On motion of Mr. Robinson, seconded by Ms. Grell and carried unanimously, the
Memorandum of Understanding with the Land of the Dancing Sky for long term care
consultation, screening and assessment services was approved, as recommended by the Social
Services Director, and the signature of same was authorized.
Mr. Bessler presented an update on the following: space utilization and the Northwest
Minnesota Juvenile Center, with no action required.
The Income Maintenance Report was presented and reviewed reflecting an increase in
both case numbers and intakes for the month of August, 2011.
The social service overtime utilized from July 31, through September 10, 2011, was
reported in the amount of twenty-three hours and fifteen minutes.
On motion of Mr. Robinson, seconded by Mr. Johannsen and carried unanimously, the
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amendment of the Foster Care Policy was approved to require completion of Fire Marshal
inspections of all foster care facilities, as recommended by the Social Services Director.
On motion of Mr. Johannsen, seconded by Mr. Robinson and carried unanimously, the
payment of the Income Maintenance Agenda, Social Service Agenda and welfare bills was
approved, and the following resolution was adopted:
RESOLUTION 09211103
BE IT RESOLVED, that the foregoing record is a true and accurate recording of the official
actions and recommendations of the County Board of Commissioners and as such constitutes the
official minutes thereof. Payment of assistance, relief and claims as indicated in these minutes is
hereby ordered.
Sheriff: Sheriff, Cory Aukes presented the state bids received for purchase of radio
equipment as follows: MidStates Wireless, Fargo, ND - $4,329.67 and Motorola - $14,118.21.
Discussion followed. On motion of Mr. Johannsen, seconded by Ms. Grell and carried
unanimously, the purchase listed in bold by underlined state bids, above were approved to be
paid from undesignated, unallocated funds with reimbursement from the 2012 State of Minnesota
grant approved on August 17, 2011.
Sheriff Aukes presented the quotes for the purchase of a 16’ flat bottom boat with
surface drive motor and trailer as follows, including shipping: Go-Devil Mfg., Baton Rouge,
LA - $11,355.00 and Pro-Drive, Loreauville, LA - $13,111.25. Also presented were the quotes
for the purchase of two cold water rescue suits as follows, including shipping: Dive Rescue
Int., Ft. Collins, CO - $1,255.22 and Machovec, Monticello, MN - $1,260.20. Discussion
followed. On motion of Mr. Johannsen, seconded by Ms. Grell and carried unanimously, the
purchases in bold, by low underlined quotes above were approved respectively, to be paid with
2011 Federal Boating Safety Equipment Grant #30-1200.
County Attorney: On motion of Mr. Johannsen, seconded by Mr. Robinson and carried
unanimously, the following resolution was adopted:
RESOLUTION NO. 09211104
CHECK DIVERSION RESOLUTION
WHEREAS, Hubbard County Merchants have not been satisfied with the collection efforts
of Financial Services of Red Wing check diversion program causing many businesses to attempt
to collect the losses on their own; and
WHEREAS, Businesses in Hubbard County have suffered losses from accepting checks
for payment of goods and or services that were subsequently not honored because of insufficient
funds and or a closed account; and
WHEREAS, the County of Hubbard on behalf of its County Attorney and pursuant to
Minn. Statutes 401.065, 388.051 & 388.24 desires to enter into an Agreement with HAPA to
establish a Check Diversion program. The program will provide for an educational program as
well as a means for businesses in Hubbard County to recover the costs of insufficient and closed
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account checks.
NOW, THEREFORE BE IT RESOLVED, by the County Board of Hubbard, Minnesota as
follows:
1. That a Check Diversion Program be established by Agreement with HAPA and the
County of Hubbard on behalf of its County Attorney is hereby approved.
2. That the County Attorney, Donovan D. Dearstyne, or his successor is designated the
Authorized Representative for the County. The Authorized Representative is also
authorized to sign any agreement required by statute to implement the program.
To assist the Authorized representative with the administration of the agreement,
Catherine (Kay) Leeseberg or her successor is appointed as the Authorized
Representative’s designee.
3. That Tina Peterson, or her successor is designated as the Authorized Representative for
HAPA.
A review of the Board Policy procedures manual was reviewed. Discussion followed.
By consensus of the Board, the County Attorney was requested to further review the procedures
and make a recommendation for updates, as discussed.
Sheriff: On motion of Mr. Johannsen, seconded by Ms. Grell and carried unanimously, it
was clarified that the payment of $500, by auditor’s warrant to Go-Devil Mfg., in connection
with the purchase of the flat bottom boat approved earlier in the day was approved.
Environmental Services: On motion of Mr. Johannsen, seconded by Mr. Robinson and
carried unanimously, the conditional use permit #3-CU-11 by Shady Lawns RV Estates, LLC,
Parcel #21.30.00300, Nevis Township was approved amending condition #1 of CUP 10-CU-03 (as
amended by 3-CU-07) to increase from 40 to 49 total RV units, as recommended by the Planning
Commission and the Findings of Fact were adopted, as prepared by the Environmental Services
Office.
On motion of Mr. Robinson, seconded by Mr. Johannsen and carried unanimously, the
review of Shoreland and SSTS Ordinance violations by the County Attorney was approved for
litigation, if necessary.
On motion of Ms. Grell, seconded by Mr. Johannsen and carried unanimously, the purchase
of two desktop computers at an approximate cost of $900 each, including software was approved to
be paid from compliance fund monies, as recommended by the Technology Committee.
Environmental Services Officer, Eric Buitenwerf presented the proposed revisions to
Shoreland Ordinance #17, Sections 707.1 and 801.7, as recommended by the Planning
Commission. Discussion followed. On motion of Mr. Robinson, seconded by Ms. Grell and
carried unanimously, a public hearing was scheduled for October 19, 2011, at 11:15 a.m. to
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obtain public input regarding the proposed Amendment #14 of Shoreland Ordinance #17.
Mr. Buitenwerf questioned the possible remodel of his current office layout, given the
addition of the GIS Technician. Discussion followed. By consensus of the Board, the
remodeling of the ESO was postponed with further consideration to be provided as part of the
total renovation plan to be developed, as discussed.
Closed Session: On motion of Ms. Grell, seconded by Mr. Johannsen and carried
unanimously, the meeting was closed pursuant to M.S. §13D.05, Subd 2b for preliminary
consideration of allegations/charges against an employee at 1:22 p.m. The closed session was
recessed at 2:29 p.m.
On motion of Mr. Johannsen, seconded by Mr. Robinson and carried unanimously, the
meeting was closed pursuant to M.S. §13D.03 for union strategy at 2:36 p.m. The meeting was
re-opened at 3:50 p.m.
The closed session previously recessed pursuant to M.S. §13D.05, Subd 2b was
reconvened at 3:50 p.m. The meeting was re-opened at 4:02 p.m.
Coordinator: On motion of Ms. Grell, seconded by Mr. Devine and carried
unanimously, the partnership agreement with the Office of Enterprise Technology was approved
providing a telecommunications collaboration for wide area data and video network connectivity
and the signature of same was authorized.
By consensus of the Board, it was agreed that the review of the requested Extension
Office laptop purchase was referred to the Extension Committee for a recommendation to the
Board.
By consensus of the Board, the development of a laptop security policy was referred to
the Technology Committee for review by the Board.
The outcome of the request for proposal (RFP) for the county paid group life providers
was reviewed. Discussion followed. On motion of Ms. Grell, seconded by Mr. Johannsen and
carried unanimously, the change of the employee group and voluntary group life insurance
provider from USAble Life to UNUM was approved, as recommended by the Benefit
Committee, effective January 1, 2012.
On motion of Mr. Johannsen, seconded by Ms. Grell and carried unanimously, the
voluntary employee participation in the Minnesota State Retirement System (MSRS) Roth 457(b)
program, was approved, as presented.
On motion of Ms. Grell, seconded by Mr. Robinson and carried unanimously, the following
resolution was adopted:
RESOLUTION NO. 09211105
WHEREAS, an application has been received from Park Rapids Amateur Hockey
Association, License 01225 – P O Box 508, Park Rapids, MN, 56470 for a Minnesota Lawful
Gambling LG230 Permit to conduct a raffle on October 1, 2011, at North Point Lodge, 17765
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Minnesota 34, Henrietta Township, in the County of Hubbard, Park Rapids, Minnesota, and
WHEREAS, the Hubbard County Board of Commissioners has no objection to the granting
of said application, now, therefore,
BE IT RESOLVED, that the aforesaid application be, and the same hereby is, approved, and
BE IT FURTHER RESOLVED, that the waiting period prior to consideration of this
application, if any, be waived.
On motion of Mr. Robinson, seconded by Mr. Devine and carried unanimously, the Board
took the following actions, based on their review: the issuance of two letters to the
Auditor/Treasurer was approved; the Board Chairman, or in his absence the Vice Chairman, was
authorized to sign same and the suspension without pay of the Auditor/Treasurer was approved, for
a period of twenty days, effective September 26, 2011.
There being no further action before the Board, the Vice Chairman adjourned the meeting at
4:25 p.m.
/s/ Dick Devine
Vice Chairman
Hubbard County Board of Commissioners
ATTEST:
/s/ Debbie Thompson
Hubbard County Coordinator
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