July 26th Commissioners Meeting

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July 26th Commissioners meeting.

Laura Qualey, Community & Business Development Specialist & Jim Elmquist, County Administrator Mortgage Subordination Agreement (French Loan) Ms. Qualey informed the Board that Rod French of French's Manufacturing, is continuing to expand a little faster than originally anticipated. MBT Bank is planning to do another Real Estate Mortgage to do some more work to his facility. Mr. French will be finishing out the cold storage building he put up earlier this spring/summer of 2022 for an additional cost of $170k, which will allow him to manufacture out of that shop year-round, especially on larger jobs and will also be creating an additional 2-3 employees for this expansion. This will bring the new total mortgage to $350k resulting in an EDA loan to collateral position of about 75% which is based on the last appraisal that MBT has from November of 2021 and based on the approximate remaining balance the County EDA has available. After consulting County Attorney Paul Kiltinen, the County EDA is merely bridging a gap in the funding and now the gap is a bit bigger than before. The county currently sits in the second position on the current loan and has a subordination agreement in place and with the additional funding from MBT, the county will still be a second with the new subordination agreement. The EDA Coordinator is recommending that the County Board of Commissioners approve and enter into the subsequent lien Subordination Agreement with MBT Bank in the second position for French's Manufacturing. Motion by Toquam seconded by Kenworthy to approve and authorize the Chair and County Attorney to sign the proposed Subordination Agreement with MBT Bank as recommended. Motion Adopted [Unanimous] Lisa Kramer, Finance Director Bills Reviewed The Board reviewed bills. Motion by Kenworthy seconded by Allen to approve the bills as discussed in the following amounts from the appropriate funds as determined by Finance: 01 Revenue Fund $ 146,926.94 13 Road and Bridge Fund $ 179,453.57 16 Environmental Quality Fund $ 48,146.48 32 County Capital Projects $ 228,833.25 37 Environmental Quality Fund $ 40,615.77 80 Agency Fund $ 3,980.13 Total $ 707,956.14 Motion Adopted [Unanimous]

Guy Kohlnhofer, County Engineer CSAH 3 Property Acquisition Mr. Kohlnhofer reported CSAH 3 between Highway 14 and Dodge County 34 is planned to be reconstructed in 2023. The county has been working with Stonebrooke Engineering on the design and property appraisal/acquisitions for the project. The north 0.7 miles is planned for reconstruction and will require additional right of way. Included in the Board packet is a resolution authorizing the Highway Department and/or its agents to proceed with negotiations and/or eminent domain if necessary. The County Engineering is recommending that the Board adopt the proposed resolution for property acquisition. Commissioner Allen offered the following resolution (#2022-40), seconded by Commissioner Toquam: WHEREAS, the County of Dodge (“County”) is proposing improvements to County Rd 3 (130th Ave) between CSAH 34 (Old TH 14) and TH 30, (Project). We recognize the growth potential of the Claremont area following the new TH 14 realignment. In response and preparation for this growth, Dodge County has secured federal funding to assist in the resurfacing of all of County Rd 3. As part of this resurfacing, we will be reconstructing the section east of Claremont and north of new TH 14 to better accommodate future traffic. The Project will increase traffic safety and efficiency and provide better multi-modal connectivity; and WHEREAS, the County Board deems the Project necessary and expedient for the public health, safety, and welfare; and WHEREAS, should the Board wish to proceed with the Project, the next step in the public improvement process is to order the Project; and WHEREAS, it is necessary to acquire certain real property interests for the Project, including the partial acquisitions from certain properties. While the engineers are in the process of completing legal descriptions for the partial acquisitions needed for the Project, the County Board wishes to authorize negotiations to begin for the partial acquisitions. County Board finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the county acquires in fee title the properties described in Exhibit A attached hereto (“Properties”). By later resolution, County Board will determine what further acquisitions are reasonably necessary for the Project; and WHEREAS, the County has authority to acquire private property for the Project by eminent domain pursuant to the authority under Minn. Stat. Chapter 117, including the quick-take procedures pursuant to Minn. Stat. § 117.042; WHEREAS, County Board finds that title to and possession of the Properties is required before the Project construction can begin and before the filing of the final report of the condemnation commissioners to be appointed by the district court; AND WHEREAS, the County has engaged an independent real estate appraiser to provide the County with the appraiser’s opinion of damages caused by the County’s acquisitions of the Properties; and NOW, THEREFORE, BE IT RESOLVED, BY THE COUNTY BOARD OF DODGE COUNTY, MINNESOTA: 1. That the County hereby orders the Project; 2. That the acquisition of the Properties is necessary and for a public purpose in furtherance of the Project; 3. That the proper county officers and agents are authorized and directed to acquire the Properties needed for the Project by voluntary negotiation and, if necessary, through the exercise of the power of eminent domain; 4. That the proper county officers and agents are authorized and directed to make offers of compensation for the Properties consistent with the independent appraisals, and to attempt to negotiate the voluntary acquisition of the Properties; 5. That the County Attorney is hereby authorized to represent the County of Dodge in commencing eminent domain in the manner provided by Minn. Stat. Chapter 117 to acquire the properties identified in the attached Exhibit A (the "Properties") for the expansion and improvements to CSAH 3. 6. That the County Attorney is specifically authorized to notify the Owners of intent to take possession of the Property prior to filing of an award by the Court appointed commissioners pursuant to Minn. Stat. § 117.042 (quick take) and to take all actions necessary and desirable to carry out the purposes of this resolution. 7. That the County Attorney is authorized to file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the County or Court. 8. The County Administrator shall reimburse the Owner up to the statutory maximum of $1,500.00 to obtain an independent appraisal of the property within 30 days of the Owner's submission of a copy of the appraisal and the receipt to Board for the County of Dodge. 9. That the County Attorney and/or County’s agent is further authorized to continue to negotiate with the Owners for the purchase of the Property subject to ratification by the County Board. Adopted by the County Board this 26th day of July, 2022. Exhibit A Properties Resolution Adopted [Unanimous] Paul Kiltinen, County Attorney Legal Update Mr. Kiltinen provided the Board with a legal update. Motion No Vote Sara Marquardt, Accounting Services Director Appointment of County Canvassing Board Members and Set Canvassing Board Date Ms. Marquardt informed the Board that each election year the County Canvassing Board is required to meet to canvas the results of the Primary and General Elections. State Statute 204C.31 provides that the following individuals be on the County Canvassing Board: · County Auditor · County Court Administrator · Mayor of the County’s Largest City or Township Chair · Two Members of the County Board not up for election Canvassing Board meetings can meet on the dates listed below: County Primary & Congressional District 1 General Canvassing Board Wednesday, August 10, 2022 3:00 p.m. Conference Room A County General Canvassing Board Monday, November 14, 2022 - Monday, November 21, 2022 9:00 a.m. Conference Room A Motion by Peterson seconded by Toquam to appoint Commissioners Tjosaas and Peterson to the Primary and Congressional District 1 Election Canvassing Board and set Wednesday, August 10, 2022 at 3:00 p.m. as the Canvassing Board meeting date. Motion Adopted [Unanimous] General Canvassing Board Members Appointed Motion by Toquam seconded by Allen to appoint Commissioners Allen and Kenworthy to the Minutes Board of Commissioners July 26, 2022 Dodge County Page 6 Updated 7/29/2022 2:17 PM General Election Canvassing Board and set Monday, November 14, 2022 at 9:00 a.m. as the meeting date for the canvassing meeting. Motion Adopted [Unanimous] Jim Elmquist, County Administrator Personnel Agenda Mr. Elmquist presented the Personnel Agenda for the Board’s consideration. Motion by Peterson seconded by Toquam to approve the following personnel actions: A. Administration A.1 Brenda Vieths - Custodian Authorization to hire at A13 step 1 $20.71 to fill approved vacancy. Effective Date: 8/09/22 B. Highway B.1 Ashley Larson - Administrative Assistant Reduce FTE from 1.0 FTE to .80 FTE. Effective Date: 8/01/22 C. Public Health C.1 Part-time Public Health staff review of FTE status. The following changes need to be made according to average hours worked. The next audit will be 1/2023. Deb Harlow - Public Health Lead Decrease FTE from .95 to .85. D. Sheriff’s Office D.1 Part-time Sheriff’s Office staff review of FTE status. The following changes need to be made according to average hours worked. The next audit will be 1/2023. Rebekah Stoudt - 911 Dispatcher Decrease FTE from .55 to .50. Colton Drake - Deputy Sheriff Increase FTE from On-Call to .75. Joseph Master - Deputy Sheriff Increase FTE from On-Call to .55. Motion Adopted [Unanimous] After-the-Fact Consideration for Take Home Vehicle The County Administrator informed the Board that Sheriff Rose was unable attend the meeting but submitted a memorandum regarding an after-the-fact take home vehicle request. The memo was included in the Board packet for review. Mr. Elmquist reported this item is related to resolution #2019-03 which was approved by the Board on January 8, 2019. The resolution states the practice of allowing Deputies who live outside of Dodge County to take squads home was no longer being allowed unless permitted by the Dodge County Board of Commissioners. This new rule became effective January 8, 2019. The Sheriff’s memo to the Board indicates that there are two new female Deputies that live outside the county that have been allowed to drive squads home. One Deputy plans to move to Dodge County once her probation is completed and the other lives just outside Dodge County. Sheriff Rose feels both new Deputies have been great additions to his office and noted both are assigned to Hayfield. The Sheriff’s memo also notes there are a total of seven Deputies that live outside Dodge County that take squads home and pay mileage for the miles driven outside the county, this number includes the two new Deputies. Sheriff Rose’s memo indicated that the Sheriff’s Office had a Deputy that lived in Stewartville who moved to Dodge County 3 years ago after his kids finished school. Also pointed out was that the Sheriff’s Office is currently logging less out-of-the county miles with their current staff than they were 3 years ago. The memo to the Board indicated that most Deputies living outside the county have kids in school and don’t want to move their kids out of the school districts their currently in, the Sheriff’s Office has always respected those wishes. The Sheriff’s memo states his office appreciates the Board’s continued support to allow them to provide take-home-squads to their staff. Sheriff Rose feels there are many benefits to allowing take-home-squad including the extra patrol, visibility and being able to respond immediately to emergency calls and call-out. Mr. Rose reported there are nearly 100 Minnesota agencies with openings for good quality Deputies, especially female Deputies, as is the case with Deputy Miner and Deputy Erdelac. Many agencies offering higher wages and better benefits. Sheriff Rose’s feels blessed to have quality staff and rarely has turnover in full-time Deputies. It was reported that Dodge County has one of the lowest turnover rates for Deputies in the region. Mr. Rose feels take-home-squads helps the Sheriff’s Office keep quality staff. Commissioner Tjosaas had an opportunity to meet with Sheriff Rose to discuss recent take[1]home-squad concerns. Mr. Rose hadn’t remembered the 2019 resolution that was passed or the concerns that were voiced at the time, however the two agreed to bring the two most recent out of county vehicle concerns to the Board as an after the fact item for approval. Commissioner Allen stated his argument with this topic is that Deputy Miner is on probation. He questions whether or not she deserves to have a pickup to drive while she’s on probation. It was Commissioner Allen’s opinion that Deputies on probation shouldn't get a squad to drive until they've earned the right to drive it, which includes finishing their probation. Mr. Allen feels this process is being handled backwards by the Sheriff’s Office. Commissioner Allen stated the resolution regarding take home squads isn’t new, it was approved a couple of years ago. Mr. Allen commented this is significant amount of extra mileage that is being placed on the pickup Deputy Minor drives every day because it is being driven outside the county. Commissioner Allen reported he would have been happier if Sheriff Rose had sent a letter indicating that he understands this is an extra expense for the county. Mr. Allen informed the Board he would like to see the Deputies that live outside the county and have take-home-squads pay additional money towards the maintenance of these vehicles since they are putting extra miles on them and there's a lot of added expense here. Mr. Allen reported if Sheriff Rose had said he understands they broke the rules here but they are willing to reimburse the county for the added expense he’d be ok with allowing the Deputies who live outside the county to take a squad home. Commissioner Allen commented it bothers him that the Board made a rule related to take-home-squads for Deputies who live outside the county and Mr. Rose feels he doesn't have to follow the rules. Commissioner Peterson stated the Board made this rule and to him probation means there is some type of oversight. Mr. Peterson stated if these two Deputies are always in Hayfield, why is there a probationary period? They report right to work and have no need to stop in Mantorville. Mr. Peterson wondered where the oversight was when they never see the Deputies because they report directly to Hayfield. Commissioner Peterson stated the county is being reimbursed but he would like to see what the actual cost is to the county is for take home squads being driven outside the county. Mr. Peterson commented he is disappointed the Sheriff allowed the squads to be taken outside the county without Board approval. Commissioner Kenworthy stated he agrees with the other comments. To him probationary means they have less perks with the job initially. Mr. Kenworthy reported he knows Deputy Minor is a good officer, but he feels she was given a squad prematurely. Commissioner Toquam indicated she too agrees with the other comments that have been made. Commissioner Allen stated this isn't a slap against the officer, the Board made a rule and he feels the Sheriff needs to follow it. Commissioner Kenworthy suggested that they allow the take home squads for Deputy Minor but give it a timeline. If Deputy Miner’s inclination is to move into the county, he would like to see them follow up on that to make sure that happens. Commissioner Tjosaas stated they could give them a year's time to see if there is some type of movement on their end. Commissioner Toquam questioned whether or not they should even get a take-home-vehicle the first 6 months of their probationary period. Ms. Toquam stated it is a pretty nice perk to get a squad right away. The County Attorney referred back to resolution that was approved in 2019 and noted that what is being proposed by the Board is different than what the resolution says. The County Administrator talked to Mr. Kiltinen and they suggested that the Board may want to redraft the resolution. Commissioner Kenworthy stated they need to clean up the resolution so there is no confusion about the Board's intent. Mr. Kenworthy suggested they bring an updated resolution to next Board meeting. Commissioner Allen reported he would like to have Sheriff Rose come in to further discuss this topic with the Board. Mr. Allen indicated he would also like to know what the employees would be willing to pay the county back for the driving our vehicles out of the county. Commissioner Tjosaas stated doesn't support Deputy Minor being asked to pay additional money, she's already paying mileage for driving the squad outside the county. Mr. Tjosaas commented he isn't willing to go back on her now and say we want more money. The County Attorney informed the Board that he doesn't know what the remedy is to this situation, he hasn't been able to establish how much control the Board has over the use of those vehicles. Mr. Kiltinen reported Commissioners purchase vehicle and can set parameters, however the problem is when someone uses the vehicle in a way that the Board didn't approve and determining what their options are for responding to that type of situation. Motion by Allen to remind the Sheriff’s Office that Deputies who live outside the county aren’t allowed to take squads home without County Board approval per resolution #2019-03, which they plan to enforced. The motion died due to the lack of a second. Motion by Kenworthy seconded by Toquam to allow the two new Deputies that live outside the county to take home squads home. Discussion took place regarding the resolution, the language in the resolution, the need for further clarification in the resolution language and the need for further discussion with the Sheriff on this topic. The Board discussed tabling this item to allow for further discussion and clarification. Motion by Kenworthy seconded by Toquam to rescind their previous motion to allow the take home squad usage for the two new Deputies and table further discussion until the item can be brought back for additional discussion and action at a future meeting. Motion Adopted [Unanimous] Mr. Elmquist provided the Board with a County Administrator update. The County Attorney left the meeting at 5:52 p.m. Motion No Vote

Administration Committee Report - Commissioner Tim Tjosaas Commissioner Tjosaas presented a summary of the Administration Committee report and action items. Commissioners provided their agency reports. Commissioner Allen attended a Zumbro Watershed meeting. Commissioner Kenworthy attended a Legal Training Session for Land Use Issues and a Fairview Care Center meeting. Commissioner Peterson attended a MnPrairie Personnel Committee meeting, a MnPrairie Joint Board on Finance meeting, a Fairview Care Minutes Board of Commissioners July 26, 2022 Dodge County Page 10 Updated 7/29/2022 2:17 PM Center Board meeting, a SEMMCHRA Board meeting, a MnPrairie Board meeting and the Dodge County Fair. Commissioner Tjosaas attended a MnPrairie Finance Committee meeting, a MnPrairie Joint Powers Board meeting, a SCHRC meeting, a MnPrairie Work session, a Fairview Care Center meeting and a Semcac Executive Board conference call. Commissioner Toquam attended a SCHRC meeting and a Fairview Care Center meeting.