County continues to explore options in ruling

 

The Freeborn County Board of Commissioners voted unanimously Tuesday against paying interest on the increase in salary approved by a judge earlier this month for Freeborn County Sheriff Kurt Freitag.

Waseca County District Court Judge Carol Hanks on Aug. 1 ordered Freitag’s 2019 salary be set at $113,952, up from the $97,020 salary approved by the commissioners in December. The judge concluded evidence showed the board did not sufficiently take into account the extent of the sheriff’s responsibilities, experience, qualifications and performance when it set his salary. The higher salary was effective Jan. 1, according to the order.

Freitag’s lawyer, Steven Hovey, submitted a request to the county’s lawyer prior to the Tuesday commissioner meeting and asked the board to consider paying 4% interest on the difference between what Freitag had received under the lower salary and what he has been ordered to receive under the higher salary.

Second District Commissioner Dan Belshan asked Freitag to speak on the issue at the meeting to provide more information about what dates the interest would apply to and how much the interest would total.

“The amount the judge ruled wasn’t enough?” Belshan said. “You want more.”

Freitag said he didn’t have the figures in front of him and noted he could have invested the money but it had been held up for eight months until his salary appeal was resolved.

In doing a quick estimation at the table, Freeborn County Administrator Tom Jensen estimated the total would equate to about $426.

Belshan said the money is not mandated by the county to pay, so he questioned why the board would approve it. He said the board is supposed to watch out for every dollar in the county.

Freitag questioned when the board voted to pave a two-mile stretch of Freeborn County Road 49 that had been turned into gravel and then later rescinded its vote. The cost to pave the road would have been about $800,000. He also questioned the county spending about $40,000 to fight the appeal.

“If you don’t like what the commissioners are doing, don’t vote for them,” Belshan said.

Belshan motioned to deny the sheriff’s request, and 3rd District Commissioner Jim Nelson seconded the motion.

“I don’t think it’s right, either,” Nelson said.

Fifth Ward Commissioner Mike Lee said he thinks many people were left with a bad taste in their mouth after the appeal ruling and for Freitag to come up after winning the appeal and ask for the interest on top of it felt like he was “rubbing salt in the wounds.”

Lee suggested Freitag take the request off the table, be happy and move forward.

“If I had been paid a fair salary from the beginning, none of this would have happened,” Freitag said.

The sheriff claimed he is the only county employee who is “grossly underpaid,” referring to adjustments made following the county’s recent wage study. His position was not included in the study.

“Why shouldn’t I get a fair salary just like every other employee?” he said.

Jensen said Tuesday afternoon the board continues to explore its options regarding the judge’s ruling.

In other action, the board:

• Unanimously approved a conditional use permit for USS All In Solar LLC to construct and operate a 1 megawatt solar array near the intersection of Freeborn County Road 20 and 315th Street on 9.5 acres of ag land.

Trevor Bordelon with the Environmental Services Department said the project was unanimously approved by the Planning Commission, and there was no public opposition.

• Unanimously approved a conditional use permit for Precision Pork Producers Inc. to construct and operate a hog confinement barn to house 1,200 hogs, ranging from 12 to 300 pounds, in Mansfield Township.

The project was part of an expansion on an existing site.

Bordelon said the Planning Commission voted unanimously in favor of the project, and there was one resident who voiced concerns about protection of nearby roadways.

• Unanimously approved a new structure on a grain storage site for M&M Farms, which is on Minnesota Highway 109 northwest of Alden.

• Ordered the abatement of property at 71706 Freeborn County Road 46.

According to Mark Goskeson with the Environmental Services Department, the owner of the property died in 2017, and the structure was damaged by fire in June.

Goskeson said several letters have been sent to try to contact the lien holder without any success.

The order states the property is to be cleaned up or cleared in a 60-day time period, and if no action is taken, the order is filed with district court for a summary enforcement of the order, according to background information provided to the commissioners. The property can then be cleaned or cleared and the cost assessed to the property.

The resolution states the house and garage on the property are in a serious state of dilapidation and constitute a hazard for public safety or health.

• Passed a resolution approving the 2019 Aquatic Invasive Species grant to the Shell Rock River Watershed District for the third phase of its carp study. The grant is for $45,000.

Jensen said the county receives the money every year to prevent the spread of zebra mussels and carp.

• Approved a letter of support for the Watershed District’s application for funding from the Lessard-Sams Outdoor Heritage Council for phase nine of its habitat restoration project.

• Voted to enter into an agreement with the city of Manchester for the prosecution of misdemeanors and petty misdemeanors within the city.

Jensen said Manchester asked for the service, and it was the same agreement as with the city of Hayward.

• Approved a 3.2 beer on- and off-sale license for Clarks Grove Golf Course.

• Accepted a Minnesota Department of Veterans Affairs operational improvement grant for $10,000.

Veterans Services Officer Brandon Servantez said the grant is based off of veteran population within the county and is used for various costs, including fuel of driving veterans back and forth from medical appointments and training and advertising, among others.

• Approved various ditch repairs.

• Accepted the resignation of Sheri Johnson, a senior office support specialist with the Sheriff’s Office. Johnson will retire Jan. 24, 2020, and has been in the position since January 1998.

The board voted to fill the position.

• Accepted the resignation of Naomi Clark, detention sergeant, effective Sept. 17.

The board voted to fill the position.

• Placed Rebecca Gullickson, a child protection social worker, on regular, full-time status.

• Placed Samantha Carlson, a Department of Human Services family-based services provider, on regular, full-time status.

• Placed Jennifer Redman, Department of Human Services support enforcement aid, on regular, full-time status.