Mr. Kohlnhofer reported the subject of a private utility within county rights of ways is in the forefront of issues these days. Dodge Wind LLC, a subsidiary of NextEra, has a proposed wind farm in the west side of Dodge County. The majority of the project is governed by the Public Utilities Commission and not under local authority. The transmission line to a substation in Sargent is however within the local R/Ws and subject to local controls. As a road authority the county is required to accommodate public utilities if possible and with reasonable controls. This raises two points to address: 1. NextEra is a “private” utility and may not have cause to be within public R/Ws. In 2018 the county requested an opinion from the Minnesota Attorney General (AG) as to our requirement to accommodate a private utility, a copy of which was included in the Board packet. At that time the AG issued an opinion that we are to permit any company that provides power access to the R/W. We need to decide whether we agree with the AG’s opinion or do not. At this time MnDOT is denying the use of trunk highway use based on NextEra not being a public utility. 2. In the event we agree to treat Dodge Wind as a public utility and allow them into the R/W, are there any reasonable stipulations the county would put on them as per 222.37 (included in the Board packet)? This could be things such as limiting pole height or requiring burial of lines when they are near farm fields to allow crop dusting. The public comment for the project ends May 25th. As this is the end of “public” comment the County Engineer does not know how it applies for the county. Mr. Kohlnhofer reported the county can add a comment of a decision or stance we are considering. The County Engineer is looking for direction from the Board regarding how they would like to handle private utilities in public R/Ws. Commissioner Allen stated he doesn't think any good can come out of allowing Dodge Wind to put big poles in our ditches. Mr. Allen suggested that Dodge Wind go to the farmers and ask them if they will allow them to go on their land to put poles up. Commissioner Allen also suggested that Dodge Wind consider putting the lines underground, if they can go underground. Mr. Kohlnhofer stated the route itself is ok, the individual location of the poles is what is in question. The County Engineer reported if we treat them like a public utility, we have to accommodate them if we can. Mr. Kohlnhofer commented he is all for Dodge Wind going down Highway 56, the county can accommodate them if they choose that route. Ms. Cornelius was available remotely and informed the Board that they have a lot of historical houses along the proposed route and allowing Dodge Wind access to the right of way would make a current non-conforming structure even more non-conforming. Allowing this usage could also cause some of these structures to be non-conforming. It was the Environmental Minutes Board of Commissioners May 24, 2022 Dodge County Page 3 Updated 5/31/2022 3:41 PM Services Director’s opinion that if approved the R/W access would add additional stress and conditions onto the current property owners. Commissioner Toquam stated she would have some concerns with allowing utilities in the agricultural area where they utilize crop dusting, she wasn’t sure how this was going to work for individuals that choose to use crop dusting for pesticide application. The County Engineer reiterated he supported Dodge Wind going right down Highway 56, this would cause a lot less problems for people rather than zigging and zagging through the county. Ms. Cornelius noted there is a lot of high ground water sensitivity in this area. The Environmental Services Director shared her concerns regarding the ground water sensitivity issue. Commissioner Allen stated it isn't right to put a pole in front of a house that's already been there for years. Another concern he voiced was that if you put a pole in front of someone’s house you run the risk of putting that property owner in double jeopardy of being out of conformance. The Zoning Administrator commented this request is similar to the Byron Solar Project, at a minimum Dodge Wind should have to abide by the standards that we have in Dodge County. Commissioner Peterson informed the Board he went to both wind and solar panel meetings and made it clear at both that Dodge County has taken a lot of time to put together an ordinance to follow in relation to these types of requests. Mr. Peterson stated this is a private company that is collecting energy and selling it to a public entity. As for the crop dusting issue, Commissioner Peterson reported it is a huge thing for this county because we’re an agricultural county. Mr. Peterson commented he doesn't feel the county should allow Dodge Wind to use our right of way for their utility. Commissioner Peterson suggested Dodge Wind put the lines underground or put them in the state’s right of way. Commissioner Allen questioned whether or not the project was so big that the county wouldn’t have to say in it. Mr. Allen also questioned what they could do as a county to stop this request. Mr. Kohlnhofer reported as far the wind towers, because they generate so much power, it is out of our hands, it's in the Public Utility Commission’s hands. The County Engineer noted the location of the lines however is within our control. Commissioner Peterson suggested that they tell Dodge Wind they will need to purchase a right of way other than the county’s right of way. Commissioner Toquam noted if Dodge Wind has gone to individuals and they are allowing them a lease to their land, the county has no control over that. It was clarified that the Board is being asked to determine whether or not they agree with the Attorney General’s opinion that any company that provides power be allowed access to the county’s right of way. Minutes Board of Commissioners May 24, 2022 Dodge County Page 4 Updated 5/31/2022 3:41 PM Commissioner Peterson reported, if we accommodate them, we are considering them a public utility. The County Attorney stated we can allow access to the R/W as long as we can accommodate it, but we may not always be able to accommodate it. Commissioner Kenworthy questioned whether or not we are the only county with a transmission line through it. The County Engineer reported Goodhue County has a transmission line through it. Mr. Kenworthy commented he would be interested in seeing what other counties are doing and noted we can't be the only county out there dealing with this. Mr. Kohlnhofer reported he can send out a message to other County Engineers to see who has dealt with this issue in the past. The County Engineer reported one reason they do like utilities in the right of way is if the road has to be worked on and a pole needs to be moved, they pay for it. Motion by Allen seconded by Peterson to deny Dodge Wind access to the county’s public right of way because the Board doesn’t feel they are a public entity. Motion Adopted [Unanimous]
Mr. Sworski and Mr. Harbaugh met with the Board remotely to discuss the Highway Department fire sprinkler system. The local building authority has decided the Highway Shop will need to have a fire suppression system installed. CBS Squared requested proposals to design build the sprinkler and alarm system from three contractors, they received two proposals is return. The pricing came in extremely inflated in comparison to earlier verbal numbers. This scope of service was an unforeseen and will have a potential impact on the overall budget. With Fireline Sprinkler at $115,000 and Viking Sprinkler at $136,000. Initially the Facilities & Fleet Manager was recommending that the county contract with Viking Sprinkler because he was more familiar with their services. Mr. Harbaugh has had an opportunity to learn more about Fireline Sprinkler and is now comfortable with recommending that the County Board move forward with accepting their bid to install the fire sprinkler system at the Highway Department. Motion by Kenworthy seconded by Allen to approve and authorize contracting with Fireline Sprinkler for the installation of a fire sprinkler system at the Highway Department at a cost of $115,000 and authorize the Facilities & Fleet Manager to sign the proposed contract. Motion Adopted [Unanimous]
The Facilities & Fleet Manager informed the Board that over the last several months it has been brought to his attention by the staff within the Extension Office and Public Health the need for a customer barrier/service window. Both of these office spaces have the public come right up to the staff work areas with no barriers. Maintenance reached out to A.B. Systems for their professional services with a custom design build for each space with ADA accessibility. Mr. Harbaugh has presented the design to each department and is now presenting a request to complete the work. While working on ARPA budgets the County set aside $30,000 in funding for these two projects and now having received the pricing the Facilities & Fleet Manager would like to move forward with these two projects before pricing increases again. The total for the Public Health project is $23,670 and Extension project is $20,180 for a combined total of $43,850. Public Health has a grant that will pay for half of their project or $11,835 which will reduce the total cost of both projects to $32,015 to use A.B Systems as a professional service for the design and build out of the two public service areas. A.B. Systems was hired to perform the Driver's License area remodel as well and is very qualified to perform both of these upgrades. Mr. Harbaugh is asking that the Board accept the proposals and authorize him to sign them. Motion by Peterson seconded by Toquam to accept the proposals from A.B. Systems to install a public service counter in Extension Office at a cost of $20,180 and public service counter in the Public Health Department at a cost of $23,6750 with half of Public Health's portion being paid for using grant funds. Also included in the motion was authorization for the Facilities & Fleet Manager to sign the proposals. Motion Adopted [Unanimous]
Ms. Qualey met with the Board to discuss an EDA Revolving Loan request from Chaotic Good Brewing Company. Included in the Board packet was the loan application, business plan and financials from Scott Stroh of Kasson for his business Chaotic Good Brewing Company. Mr. Stroh has been brewing beer for the past 15 years in his home/garage, and the past 2 years, he has had a license from the City of Kasson to brew and sell out of his garage. In March 2022, Scott Stroh acquired the self-serve car wash on County 34 and has plans to convert two of the bays into the brewing area and the other two bays into a taproom, adding unisex bathrooms, an employee bathroom/shower and a patio. Mr. Stroh is seeking $25,000 to assist in the renovation of the property he recently acquired. Mr. Stroh recently received $50,000 from the Kasson EDA to help him purchase the building/property and is in the process of applying to SMIF for $123,250 loan which will go toward the building renovation and working capital. Scott Stroh and his wife put in $12,500 of their own cash into acquiring the building. The proposed $25,000 from the Dodge County EDA would also go towards the building renovation. The anticipated date of opening would be late August/September 2022. Ms. Qualey did tour the facility on May 4, 2022 and heard Mr. Stroh’s plans for the space and does see the value it will bring to the area. Ms. Qualey noted there are plans for a walking/biking trail within the next 3-5 years that will actually go right along the property that will also bring traffic directly to him, and the location along the creek she felt is a perfect fit for the business. Ms. Qualey reported currently there is just under $70,000 available for lending in the Dodge County EDA Revolving Loan Fund. The EDA Commissioners met on Tuesday, May 10th to discuss the application and felt this business would add value to the community of Kasson, the County and region and supported making a recommendation to the Board of County Commissioners to approve a loan for $25,000 to Scott Stroh in order to make improvements to the property for Chaotic Good Brewing Company in Kasson. Mr. Stroh was present and provided the Board with a brief history of his business. Motion by Allen seconded by Toquam to approve and authorize an EDA Revolving Loan in the amount of $25,000 to Chaotic Good Brewing Company in Kasson as requested. Motion Adopted [Unanimous]
Ms. Kramer reported the Commissioner’s budget details a list of agency appropriations that the Board funds to benefit the community. The Finance Director is requesting that the Dodge County Board authorize payment of the following agency appropriations: - SE MN Initiative Fund $ 1,600.00 - Southern MN Tourism - $ 350.00 - SE MN Area Agency on Aging - $ 300.00 - SEMCAC - $ 14,500.00 - Dodge County SWCD $ 93,500.00 - Historical Society $ 8,000.00 - Dodge Fair Board $ 17,000.00 - SEMMCHRA $ 51,744.00 Mr. Kramer noted these amounts come directly from the budget the Board approved so this is a second approval releasing the prior agreed on funds. It was noted Dodge County currently has sufficient fund balance and can do this to honor its commitments in a time when these agencies may need the funds. Motion by Kenworthy seconded by Peterson to approve and authorize the disbursement of 2022 agency appropriations as requested.
Ms. Kramer reviewed bills with the Board. Motion by Kenworthy seconded by Toquam to approve the bills as discussed in the following amounts from the appropriate funds as determined by Finance: 01 Revenue Fund $ 336,383.15 11 Human Services Fund $ 1,925,475.00 13 Road and Bridge Fund $ 332,842.95 16 Environmental Quality Fund $ 9,077.38 32 County Capital Projects $ 150,000.00 Total $ 2,753,778.48 Motion Adopted [Unanimous]
Mr. Elmquist presented the Personnel Agenda for the Board’s consideration. Motion by Peterson seconded by Kenworthy to approve the following personnel actions: A. Highway Department A.1 Alex Kruckeberg - Seasonal Highway Maintenance Authorization to hire at A11 $16.40 to fill approved vacancy. Effective Date: 5/9/22 - TBD (mid-August) B. Public Health B.1 Brenda Gullickson - Business Office Manager Step increase from C42 step 11 $27.17 to C42 step 10 $28.26. Effective Date: 5/9/22 C. Administration C.1 Josh Murphy - Account Technician Step increase from B23 step 5 $24.30 to B23 step 4 $24.80. Effective Date: 5/23/22 D. Sheriff D.1 Kamren Lodermeier - 911 Dispatcher Step increase from B23 step 4 $23.34 to B23 step 5 $24.30. Effective Date: 5/10/22 E. Land Records E.1 Ryan DeCook Step increase from D71 step 6 $51.92 to D71 step 5 $53.48. Effective: 5/1/22 Minutes Board of Commissioners May 24, 2022 Dodge County Page 8 Updated 5/31/2022 3:41 PM Motion Adopted [Unanimous]
Mr. Elmquist presented for the Board’s consideration an Emergency Time Donation Policy for vacation/PTO transfers. This policy is currently in place and is seldom used however, a recent request by a department had Administration review the current policy and determine that it may be necessary to bring this forward and ask for the recommended changes. The recent request by a department had an employee with an emergency home situation, had little PTO due to only being an employee in their first year and didn't qualify as the time away didn't meet the 10-day requirement. As this policy has been in place for 18 years, the intent of some of the language was questioned and it was thought that the best practice would be to bring this to Board for an update. Motion by Peterson seconded by Toquam to approve and authorize the updated Emergency Time Donation Policy as presented. Motion Adopted [Unanimous]
Commissioner Toquam presented a summary of the Public Works Committee report and action items. Request to Purchase Air Compressor, Pressure Washers and Welding Air Exhaust Fan for Highway Shop The Highway Department would like to purchase a new air compressor, pressure washers and a welding air exhaust fan. With the completion of the Highway Shop remodel they would like to add the following items to their new shop area: Atlas Copco G5 7.5-HP, 71 Gallon Air Compressor $ 8,291.25 Alkota 5181 AEUL Power Sprayer Pressure Washer (2) $21,306.90 Filtair Capture 12" Arm Exhaust System $13,069.26 Andrew Heser is requesting authorization to purchase and pay for these maintenance items for the Highway Shop. Motion by Toquam seconded by Allen to approve and authorize the Highway Department to purchase an Atlas Copco G5 7.5-HP 71 Gallon Air Compressor from Stevens Supply Company at a cost of $8,291.25, two Alkota 5181 AEUL Power Sprayer Pressure Washers from Express Pressure Washers at a cost of $21,306.90 and a Filtair Capture 12” Arm Exhaust System from Linde at a cost of $13,069.26 as requested. Motion Adopted [Unanimous]
Commissioner David Kenworthy, Commissioner Tjosaas presented a summary of the Administration Committee report and action items. Commissioners provided their agency reports. Commissioner Allen attended a Dodge County Historical Society meeting. Commissioner Kenworthy attended a ECB Steering Committee meeting, a SEEMS meeting, a special meeting, a DFO Task Force meeting, a Fair Board meeting and a Fairview Care Center meeting. Commissioner Peterson attended a Fairview Care Center meeting, a SEMMCHRA meeting, a special Board meeting, a Recovery Support on Mental Health Board meeting, a Housing Summit and a Community Health Board meeting. Commissioner Tjosaas attended a Dodge/Steele CHB meeting, a MnPrairie Finance meeting, a MnPrairie Joint Powers Board meeting, a Highway 57 Open House, a Drug Court Task Force meeting, a SCHRC meeting, a special Board meeting and a Fairview Care Center meeting. Commissioner Toquam attended a Board meeting, a Community Health Board meeting, a Workforce Development Meeting, a special County Board meeting, a SEMMCHRA Board meeting and a SCHRC Board meeting. Motion No Vote There were no Other Deferred Business items to discuss. Motion No Vote Adjourn Meeting Adjourned Motion by Peterson seconded by Toquam to adjourn the meeting at 6:23 p.m.
