Legal Notices

NOTICE OF INFORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS

STATE OF MINNESOTA

COUNTY OF HOUSTON

DISTRICT COURT

PROBATE DIVISION

THIRD JUDICIAL DISTRICT

Court File No. 28-PR-19-546

In re: Estate of

John E. Nerstad, Decedent.

Notice is given that an Application for Informal Probate of Decedent’s Will dated October 19, 2017 has been filed with the Probate Registrar. The Will references a separate writing, but none was found. The application has been granted.

Notice is also given that the Registrar has informally appointed Carol M. Nerstad, whose address is 21386 Rood Road, Spring Grove MN 55974, as Personal Representative of the estate of the Decedent. Any heir, devisee or other interested person may be entitled to appointment as Personal Representative or may object to the appointment of the Personal Representative. Unless objections are filed with the Court (pursuant to Minn. Stat. 524.3-607) and the Court otherwise orders, the Personal Representative has full power to administer the estate including, after thirty (30) days from the date of issuance of letters, the power to sell, encumber, lease or distribute real estate.

Any objections to the probate of the Will or appointment of the Personal Representative must be filed with this Court and will be heard by the Court after the filing of an appropriate petition and proper notice of hearing.

Notice is also given that (subject to Minn. Stat. 524.3-801) all creditors having claims against the estate are required to present the claims to the Personal Representative or to the Houston County Court Administrator within four months after the date of this notice or the claims will be barred.

Filed in District Court

State of Minnesota

Aug. 6, 2019

/s/ Darlene L. Larson

Probate Registrar

/s/ Andrea Becker

Deputy Court Administrator

Attorney for Personal Representative:

Michael D. Bernatz

Atty. Lic. No. 125763

BERNATZ & VAN BEEK

53 E. Third St., Suite 210

P.O. Box 7

Winona, MN 55987

507.457.9808

 
 
 
 
 
 
 
 
 
 

The Wilmington Township Board of Supervisors will hold its monthly meeting on Wednesday August 21st at 5:30pm at the Wilmington Town Hall.

 
 
 
 
 
 
 

There will be a meeting of the Fillmore-Houston Joint Board of Health on August 27, 2019 at the Mabel Community Center located at 201 Main Street South, Mabel, Minnesota.  The meeting will begin at 1:00 PM.

 
 
 
 
 

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, August 6, 2019 9:30 a.m.

Place: Room 219, Courthouse, Caledonia, MN 

Members Present: Teresa Walter, Eric Johnson, Bob Burns, Fred Arnold, Jack Miller

Others Present: Administrator Babinski 

Board Workgroup Session

The Board held an open discussion on ongoing projects within the county. The board established an appointment for the Administrator’s annual performance report at the next workgroup session on August 20, 2019 due to the time constraint on August 27th, due to the Joint Board of Health meeting scheduled. The board discussed the invitation from Judge Sturino for the full board to attend the Justice Center committee meeting and learn more about their efforts with juvenile care. The board discussed attendance at upcoming AMC and MCIT training and policy development sessions.  

 

The Board briefly discussed a request to amend the Tobacco ordinance requirement for the age of clerks, which is having a negative impact on staffing for a couple of small businesses. Administrator Babinski offered to research and provide further information to the board for consideration. 

This being a workgroup session, with no action taken, the meeting concluded at 10:55. The next advertised meeting being a regular board meeting, Tuesday, August 13, 2019.

BOARD OF COUNTY COMMISSIONERS

HOUSTON COUNTY, MINNESOTA

By: 

Attest: 

Jeffrey Babinski, County Administrator 

 
 
 
 
 

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, July 9 2019 9:30 a.m.

Place: Commissioners Room, Courthouse, Caledonia, MN 

Members Present: Teresa Walter (Chair), Eric Johnson (Vice Chair), Jack Miller, Bob Burns, Fred Arnold

Call to order. All said pledge of Allegiance.

Arnold moved, Burns seconded, unanimously carried to approve the amended agenda. 

Miller moved, Johnson seconded, unanimously carried to approve the minutes of the June 26, 2019 Regular Board Meeting and July 2, 2019 Workgroup Session and June 18, 2019 Board of Appeals. 

Public Comment: Brian Van Gorp Yucatan Township, spoke about taking positive action regarding his position on the Board of Adjustments and his confusion on the Judge’s decision to remand the Krukow mine case and direct his recusal from the decision.  . 

Kurt Wayne and Cindy Moorhan, MnDot District 6 Planning, presented their 4 year and 10 year project projections.

 

Shirley Johnson and Georgia Rosendahl from the Houston County Historical Society provided an annual update. The Society has established an Endowment fund, sold their downtown church building, and re-roofed the old school at the fairgrounds. Their future plans include roofing the lawn house and the church at the Fairgrounds. The Historical Society discontinued their annual book sale to save time and storage space. The Historical Society seeks Houston County WWII vets to participate in the parade display this year. The Society expressed appreciation to the Board for their continued support over the years. 

John Beckwith, Hiawatha Valley Resource Conservation and Development Council, Inc. gave a brief history on himself and his organization. He invited Houston County to join as a member and fill an opening on their Board of Directors. 

Burns moved, Arnold seconded, unanimously carried to approve payment of the Auditor’s disbursements and the following claims:

County Revenue Fund $87,426.82

Road & Bridge Fund $19,354.30

---------------

Total $106,781.12

=========

Burns moved, Arnold seconded, unanimously carried to affirm the following personnel actions:

a. Public Health and Human Services

i. Hire Tami Triplett as probationary Accounting Clerk B-23, Step 1, and effective August 5, 2019, conditioned upon successful background checks.

ii. Hire Christopher Frick as a probationary Patrol Sergeant C-42, Step 1, and effective July 10, 2019.

iii. Change the employment status of Kathy Serres, Case Aide, from probationary to regular, effective July 14th, 2019

Burns moved, Arnold seconded, unanimously carried to approve receipt of the 2018 TIF reports from the City of Caledonia.

Burns moved, Arnold seconded, unanimously carried to approve Resolution No. 19-25 authorizing the Minnesota Lawful Gambling Application for Exempt Permit for the Houston County Area Law Enforcement Association.

 RESOLUTION NO. 19-25

MINNESOTA LAWFUL GAMBLING PERMIT APPROVAL 

HOUSTON COUNTYAREA LAW ENFORCEMENT ASSOCIATION 

BE IT RESOLVED, Houston County Board of Commissioners does hereby approve the Minnesota Lawful Gambling Application for Exempt Permit on behalf of Houston County Area Law Enforcement Association for gambling activities to be conducted at Valley High Golf Course and Restaurant in Mounty Prairie Township, with no waiting period.

Burns moved, Miller seconded, unanimously carried to approve payment of the 2019 Budget Amendments.

Johnson moved, Burns seconded, unanimously carried to approve Resolution 19-24 approving the final contract expenses for SAP 028-599-088 Generation X Construction, LLC.

RESOLUTION NO. 19-24

FINAL ACCEPTANCE OF CONTRACT NO. 287

GENERATION X CONSTRUCTION LLC

WHEREAS, Contract No. 287 has in all things been completed, and the County Board being fully advised in the premises; and

THEREFORE, BE IT RESOLVED, the Houston County Board of Commissioners accepts said completed project for and on behalf of the Houston County DOT and authorize final payment as specified herein. 

Johnson moved, Arnold seconded, unanimously carried to approve the $6000 change order to seal coat the entrance road to Wildcat Park. Work will be done as an addition to previously scheduled seal coating in the Brownsville area.

Miller moved, Johnson seconded, unanimously carried to approve the Resolution 19-23 approving the Managed Care RFP response to the State Department of Human Services.

RESOLUTION NO. 19-23

MINNESOTA FAMILIES AND CHILDREN AND MINNESOTACARE

WHEREAS, the Minnesota Department of Human Services (DHS) has published a Request for Proposals (RFP) to provide health care services to recipients of Families and Children and MinnesotaCare in eighty (80) Minnesota counties including Houston County; and

WHERAS, DHS has requested County evaluations and recommendations regarding the RFP proposals from each respective county; and

WHERAS, UCare and Blue Plus submitted proposals to provide managed health care services in Houston County, and

WHERAS, representatives of Houston County Public Health and Human Services have reviewed and evaluated the proposals; and

WHERAS, UCare and Blue Plus have submitted proposals suitable to meet our needs.

THEREFORE, BE IT RESOLVED, the Houston County Board of Commissioners does support the recommendation of John Pugleasa, Director of Public Health and Human Services approving UCare and Blue Plus as Managed Care Organizations providing managed health care services in Houston County. 

Walter moved, Johnson seconded, to remove Brian Van Gorp from the Board of Adjustment and initiate a search for his replacement. The motion failed 3-2 in a role call vote with Commissioners Walter and Johnson voting ‘yea’ and Commissioners Miller, Burns and Arnold voting ‘nay’.  During discussion, Johnson expressed the public expect a fair and impartial review from the Board of Adjustment. Burns stated Mr. Van Gorp studies the issues and follows the ordinance. He expressed concern of Van Gorp’s history against Frac sand mining, but felt he had been fair in the Board’s decisions. Arnold expressed concern over the perception of the court ruling and Mr. Van Gorp’s past history with mining operators. Johnson emphasized the importance of perception and felt the board had an obligation to address Mr. Van Gorp’s participation. Arnold expressed concern with making change to the Board of Adjustment with the Krukow case still pending. Miller expressed most county residents would have some amount of bias, but Board of Adjustment members need to be able hear each case individually. 

There being no further business and the time being 11:20 a.m., Miller moved, Arnold seconded, and unanimously carried to adjourn the meeting, the next advertised meeting being a Regular Board Meeting on Tuesday, June 25, 2019.

BOARD OF COUNTY COMMISSIONERS

HOUSTON COUNTY, MINNESOTA

By: 

Teresa Walter, Chairperson

Attest: 

Jeffrey Babinski, County Administrator 

THE ABOVE PROCEEDINGS OF THE HOUSTON COUNTY BOARD OF COM-MISSIONERS IS ONLY A SUMMARY. THE FULL TEXT IS AVAILABLE FOR PUBLIC INSPECTION AT THE HOUS¬TON COUNTY ADMINISTRATOR’S OFFICE AS WELL AS ON THE HOUSTON COUNTY WEBSITE LOCATED AT THE FOLLOWING WEB ADDRESS: http://www.co.houston.mn.us/

 
 
 
 
 
 
 
 

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, July 23 2019 9:30 a.m.

Place: Commissioners Room, Courthouse, Caledonia, MN 

Members Present: Teresa Walter (Chair), Jack Miller, Bob Burns, Fred Arnold

Members Absent: Eric Johnson

Call to order. All said pledge of Allegiance.

Miller moved, Burns seconded, unanimously carried to approve the amended agenda. 

Arnold moved, Burns seconded, unanimously carried to approve the minutes of the July 9, 2019 Regular Board Meeting and July 16, 2019 Workgroup Session.

Jennifer Nelson, Southern Minnesota Initiative Foundation, provided a presentation and report to the board. She shared a brief history of the foundation and shared information on several of the projects directly affecting the county. SMIF Specializes in Community Development, Economic Development, and Early Childhood Development.

 

Current Projects include:

• City of La Crescent $10,000 grant for branding efforts 

• The Driftless $18,000 grant for an initiative for farmers

• Small Town Grant program has been reopened

• Economic Impact grants are also active

Engineer Pogodzinski spoke about flood damage from recent rain events. He anticipated three locations will qualify for disaster relief funds, with a couple more locations that may qualify. He estimated the initial total damage cost to county roadways to be between $250,000 and $350,000, with another $50,000 to $100,000 more in damage to city and township infrastructure. The worst damage site closed County 21, though Engineer Pogodzinski was trying to reopen it back up to 1 lane of traffic until it could be repaired. Commission Miller moved, Burns seconded, unanimously carried to approve Resolution 19-26.

RESOLUTION NO. 19-26

EMERGENCY DAMAGE REPAIR

WHEREAS, county roads in Houston County sustained significant damage from July 19, 2019 flooding, particularly in the northern half of the county; and

WHEREAS, damage repairs could exceed the amount for which sealed bids would normally be required per section 471.345; and

WHEREAS, immediate contracting of emergency repairs is necessary to protect public health, safety and welfare.

NOW THEREFORE, BE IT RESOLVED that, pursuant to Minnesota Statutes, sections 375.21 and 375.22, the Houston County Department of Transportation is authorized to immediately enter into necessary contracts for emergency repair of damaged and negatively impacted county roads and bridges without the requirement for solicitation of bids and advertising; said authorization to remain in place until modified or rescinded by this board.

 Olivia Denney, Emergency Management Director, talked about all other flood damage reported by the cities and townships. The City of Hokah estimated $32,000 - $47,000 in damages, including a collapsed sewer line that will need replacing. La Crescent Township and Mound Prairie also reported some minor flood damage. Denney estimated $280,000 - $400,000 will be applied for in total from the State Flood Relief for emergency purposes.

Miller moved, Arnold seconded, unanimously carried to approve payment of the Auditor’s disbursements and the following claims:

County Revenue Fund $162,851.57

Road & Bridge Fund $27,231.09

---------------

Total $190,082.66

=========

Miller moved, Arnold seconded, unanimously carried to approve the Wetlands application and the TEP findings Report for Gerald Steele, Eitzen.

Miller moved, Arnold seconded, unanimously carried to approve the Peddler’s Permit for Scott Gibson (Aerial Photography sales)

Burns moved, Miller seconded, unanimously carried to approve Stantec Consulting Services for work on Japanese Hops on the Root River after a brief discussion with Environmental Specialist Meiners on the aspects of the program. 

County Assessor Cindy Cresswell and County Auditor/Treasurer Trehus presented the 2019 Tax Abatements. Assessor Cresswell explained the varied reasons for the abatements, which included errors between the two tax systems as her staff continues to work towards use of a single system. Walter asked where the abatement money comes from and Finance Director Lapham explained how the funds are subtracted from the tax fund, so affecting all tax entities. 

Burns moved, Miller seconded, unanimously carried to approve the 2019 Tax Abatements.

 Human Services Director Pugleasa spoke briefly about the process of case management and how the departments have changed since the merger. HR Director Arrick-Kruger spoke on the position of a Nurse Case Manager being a MERIT position. 

Arnold moved, Walter seconded, unanimously carried to approve rescinding the Board’s 26 Mar 2019 to initiate a competitive search for a Nurse Case Manager (C-41). Arnold moved, Miller seconded, unanimously carried to approval to initiate a competitive search for an Agency Social Worker-Home Based Services (C-41)

Administrator Babinski gave a brief Administrator update. The July 30th workgroup session has been cancelled. 

There being no further business and the time being 11:05 a.m., Miller moved, Arnold seconded, and unanimously carried to adjourn the meeting, the next advertised meeting being a Workgroup Session on Tuesday, August 6, 2019.

BOARD OF COUNTY COMMISSIONERS

HOUSTON COUNTY, MINNESOTA

By: 

Teresa Walter, Chairperson

Attest: 

Jeffrey Babinski, County Administrator 

THE ABOVE PROCEEDINGS OF THE HOUSTON COUNTY BOARD OF COM-MISSIONERS IS ONLY A SUMMARY. THE FULL TEXT IS AVAILABLE FOR PUBLIC INSPECTION AT THE HOUS¬TON COUNTY ADMINISTRATOR’S OFFICE AS WELL AS ON THE HOUSTON COUNTY WEBSITE LOCATED AT THE FOLLOWING WEB ADDRESS: http://www.co.houston.mn.us/

 
 
 
 
 
 
 
 
 

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, July 16, 2019 9:30 a.m.

Place: Room 219, Courthouse, Caledonia, MN 

Members Present: Teresa Walter, Eric Johnson, Bob Burns, Fred Arnold, Jack Miller

Others Present: Administrator Babinski; Zoning Administrator Lacher, 

Board Workgroup Session

The Board discussed several concerns raised by property owners who have been required to obtain variances for ‘old’ problems when seeking permits for new projects. Most cases involved problems with setback distances caused by property splits or property boarders adjusted after buildings were already in place. Zoning Administrator Lacher explained options to amend the Zoning Ordinance requirements to change setback requirements and an option to direct a county (Zoning) review of property splits before property exchanges are recorded in order to prevent future variance requirements. Further discussion with the rest of the land records departments is required, but Mr. Lacher agreed to continue to pursue options. 

 

The Board briefly discussed priorities for the 2020 budget as the staff begins to develop their proposals. 

This being a workgroup session, with no action taken, the meeting concluded at 11:05. The next advertised meeting being a regular board meeting, Tuesday, July 23, 2019.

BOARD OF COUNTY COMMISSIONERS

HOUSTON COUNTY, MINNESOTA

By: 

Teresa Walter, Chairperson

Attest: 

Jeffrey Babinski, County Administrator 

 
 

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