Most recently approved County Commission Minutes
Mercer County Commission
Minutes
May 15, 2013
The meeting was called to order at 9:20 AM CT by Chairman Bitterman, also present was Commissioner Entze, Commissioner Murray, Commissioner Tveit, Commissioner Scheurer, Auditor Brost, and State’s Attorney Binder.
Motion made by Commissioner Scheurer, second by Commissioner Murray to approve the agenda. On roll call vote; Scheurer, “Aye”, Murray, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve the minutes of the May 1st commission meeting. On roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Murray, second by Commissioner Entze to approve payment of bills as follows: Advanced Business Methods, $6,838.00; Acme Tools, $179.96; American Welding & Gas Inc., $148.60; Americinn, $69.30; Craig Askim, $37.52; Beulah Lumber Co., $99.41; BHG Inc., $2,574.76; Frank Bitterman, $96.32; Bloom’N House, $38.00; Bob Barker Co., $230.40; Jamie Bradley, $40.00; Bronson’s Super Valu, $8,208.07; Shana Brost, $280.88; Cenex- Beulah, $18.00; Cenex-Hazen, $5,310.00; City of Beulah, $53.78; City of Stanton, $2,877.63; CK Auto Inc., $80.00; Consumer Reports, $26.00; Brenda Cook, $77.28; Corner Express of Center LLC., $124.35; Custer Health Dist., $4,760.60; D&E Supply Co. Inc., $1,134.17; Dakota Central Social Services, $57,090.66; Enterprise Solutions Inc., $467.50; Wayne Entze, $151.20; Farmers Union Oil Co., $51.64; Farmers Union Oil Co., $25.45; Farmers Union Insurances, $912.00; Filter Care of Grafton Inc., $69.62; Finish Line, $139.99; Fireside Office Plus, $89.44; Diane Fondie, $50.00; G & D Enterprises, $280.00; Grand International, $90.00, Grandview Steakhouse, $1,233.79; Hazen Drug, $153.73; Hazen Hardware Inc., $3.59; Hiway Express, $67.87; Information Technology Dept., $433.40; Interstate All Battery Center, $83.40; Interstate Battery System, $382.85; Interstate Power Systems, Inc.,$3,541.05; J&L Automotive LLC, $1,248.89; J & M Hardware, Inc., $4.49; Jerome Distributing, Inc., $30.00; Free Karges, D/B/A Hazen Welding & Machine, $67.50; Dena Kemmet, $109.20; Kermit Schaefer Consulting, $5,000.00; Knife River Veterinary Clinic, $38.10; Wanda Knutson, $257.28; Krause Super Valu, $239.70; Language Line Services, $90.00; Logo Magic, Inc., $160.00; M & M Distribution LLC, $898.00; Matthew Bender & Co. Inc., $286.86; Menards, $11.97; Mercer County Shop, $4,911.33; Midcontinent Comm., $79.98; Kurt Milbradt, $187.50; Motorola Solutions Inc., $6,351.94; Napa, $57.77; ND Assoc. of Co Superintendents, $50.00; ND Assoc. of Counties, $235.00; ND Assoc. of Counties, $1,486.70; ND Attorney General, $735.00; ND Game & Fish Dept., $262.00; ND Surplus Property Div., $20.00; ND Youth Correctional Center, $2,601.90; NDSBA, $150.00; Neuberger Oil Co., $24,771.00; Northern Safety Co. Inc., $306.33; Northwest Tire Auto Service Inc., $406.02; The Bismarck Tribune, $248.85; Wright Express FSC, $3,405.63; Jonathan Publishing, $110.00; Mercer Co Ambulance, $1,098.40; Midcontinent Comm., $57.88; Office Depot Inc., $60.86; Postmaster, $44.00; Pretty Petals, $45.00; Redwood Biotech Inc., $86.00; Reliance Telephone Systems, Inc., $1,400.00; Roughrider Electric Coop. Inc., $1,627.43; Sakakawea Hazen Clinic, $288.00; Sakakawea Medical Center, $675.44; Duane Scheurer, $294.00; Scott’s Bait & Tackle, $10.00; Scuba One Inc., $465.00; Shopko, $2.99; Staples, $334.65; Stroup Insurance & Realty, $50.00; Leonard Tesky, $316.93; Bill Tveit, $163.52; Underground Vaults & Storage Inc.,$315.00; Venture Marketing, $29.95; Verizon Wireless, $1,061.53; Wallwork Truck Center, $1,661.01; West River Telecomm., $3,969.12; Workforce Safety & Insurance, $335.50. Upon roll call vote; Murray, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Bitterman, “Aye”, motion carried.
Jim Albers, Building Maintenance, touched base with the commissioners about the retaining wall on the west side of the social services building. Albers stated that he has not received any quotes for the retaining wall project. He has contacted Pride Contracting and Kohlman Construction. Kohlman Construction was not interested, and he has not heard back from Pride Contracting. Chairman Bitterman stated he has a meeting with Winkler Construction on another project, so he will mention it to them. Commissioner Tveit mentioned that Hagar Homes also does concrete work. Albers told the commissioners he did have one electrical quote. The issue was tabled and no further action was taken.
The commission reviewed the NDSU Extension Highlights. No further action was taken.
The Outstanding Road Accounts were reviewed by the commission. No further action was taken.
Motion made by Commissioner Scheurer, second by Commissioner Entze to approve the April Sheriff’s Fee of $16,055.00. On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Tveit, second by Commissioner Murray to approve the April Recorder’s Fees of $8,276.25. On roll call vote; Tveit, “Aye”, Murray, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Bitterman, “Aye”, motion carried.
Carmen Reed, Emergency Management/911 Coordinator, met with the commission to give her quarterly report and talk about the burn ban in effect. Reed told commissioners she had set a Stage II burn ban due to the weather conditions. Motions made by Commissioner Scheurer, second by Commissioner Tveit to ratify the Fire Declaration and Burn Ban that was set on Monday, May 13th, and amend the present Stage II to a Stage I, due to less wind and forecast for moisture over the next couple of days. Upon roll call vote; Scheurer, “Aye”, Tveit, “Aye”, Murray, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried. The Declaration and Proclamation state:
“WHEREAS, the County of Mercer, North Dakota is under abnormally dry conditions complied with significant fuel supplies resulting in extreme fire potential; and
WHEREAS, all available resources remain committed to protecting life and property; and
WHEREAS, the impact of the fires could threaten the health, well-being and public safety of citizens in Mercer County; and
WHEREAS, the cost of emergency response and the inordinate equipment wear may be far in excess of available County resources.
NOW, THEREFORE, BE IT RESOLVED that the Board of Mercer County Commissioners declare a Fire Emergency Declaration for all of Mercer County to include all incorporated cities; and
BE IT FURTHER RESOLVED that the Board of Mercer County Commissioners proclaims that a Stage I Burn Ban is in effect for all of Mercer County, North Dakota, to include all incorporated cities, until further notice.
ANY INDIVIDUAL WHO WILLFULLY VIOLATES THIS BURN BAN IS GUILTY OF A CLASS B MISDEMEANOR (NDCC 37-17.1-10.1) PUNISHABLE BY A FINE OF UP TO $1000.00 AND 30 DAYS IN JAIL. THE MERCER COUNTY SHERIFF’S DEPARTMENT IS AUTHORIZED TO ISSUE CITATIONS TO VIOLATORS.
DATED at Stanton, North Dakota, this 15th day of May, 2013.
MERCER COUNTY COMMISSION
/s/Frank H. Bitterman, Chairman
ATTEST
Shana L Brost, County Auditor”
Reed also informed the commission that Mercer County did not receive a grant for the Pick City Tower project, and she has found a cheaper solution until the tower can be afforded. This solution uses repeaters located in poor coverage areas away from the main repeater and also uses a telco line to send received information. This system will cost $14,000 rather than the $78,000 for the tower project. Also, repeaters for this lower cost solution can be used when a tower is obtained. Reed feels it is important to have communication up in Pick City due to the increase of people and the cabin sites.
Auditor Brost informed the commissioners that she had once again contacted Blue Cross Blue Shield of North Dakota in regards to health coverage for the commissioners. BCBS stated they have received this similar request from various counties and unless the commissioner is full time employed a minimum of 30 hours per week, he is not eligible. The on-call 24/7 status is not adequate. The commissioner who has been on since 1995 has been grandfathered, and when becoming eligible for Medicare-Supplemental he will have to come off the group coverage. Brost did state there are some counties in North Dakota that get their health coverage through NDPERS, but since Mercer County is self-funded it is different. She will try and get in contact to see what other self-funded counties do. Chairman Bitterman felt since Mercer County was an equal opportunity employer; they have to offer coverage to every employee. Auditor Brost stated she would keep digging into the issue and report back at the next meeting. No further action was taken.
The commission reviewed an appeal letter from FEMA. No further action was taken.
The commission reviewed the Monthly Financial Statement. No further action was taken.
Auditor Brost asked the commission for approval of a COPS grant. It is a three year grant for a School Resource Officer. The grant would pay for 75% of the salary and benefits for this position, while the county would be responsible for 25%. Commissioner Scheurer thought it was a very good idea, because schools need to keep their security updated. Motion made by Commissioner Murray, second by Commissioner Scheurer to approve the COPS grant. On roll call vote; Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, motion carried.
The commission reviewed various job descriptions for the Road Superintendent. The auditor had provided copies of different job descriptions from Mercer County, Morton County, McLean County, and Dunn County. Commissioner Scheurer thought a good starting point would be to bring a rough draft to the next meeting to smooth out. Motion made by Commissioner Entze, second by Commissioner Scheurer to keep the auditor position elected, and have elected benefits during appointed term. On roll call vote; Tveit, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried.
Chairman Bitterman asked Auditor Brost if she would like to have her position elected or appointed. She responded that she would like to keep it an elected position. Motions made by Commissioner Entze, second by Commissioner Scheurer to keep the auditor’s position elected, and have elected official benefits while finishing the appointed term. On roll call vote; Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, motion carried.
Next the commission reviewed road issues with Assistant Road Superintendent Elroy Opp. Motion made by Commissioner Murray, second by Commissioner Tveit to approve Utility Occupancy Application and Permit #1321(13) for Roughrider Electric Cooperative to replace overhead 7200 volt power to underground, bore under Mercer County 21 in Section 13 T144N R88W, and installation shall be completed on or before September 30, 2013. On roll call vote; Murray, “Aye”, Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Scheurer, second by Commissioner Entze to approve Utility Occupancy Application and Permit #1320(13) for Roughrider Electric Cooperative to conduct three phase underground power to Cenex Fertilizer Plant in Section 7 T144N R87W. On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, motion carried.
Gary Emter, Hazen Park Board, asked the commission if the Park Board could purchase gravel from the county for Hazen’s Riverside Park for the centennial celebration. Emter said they would need four to five loads and the assistance of hauling it to the park. The park board requests it be dumped in the parking lot and they can spread it themselves. Commissioner Tveit stated there is a stockpile of good gravel for the park at the landfill. Motion made by Commissioner Murray, second by Commissioner Tveit to approve the hauling of the gravel. On roll call vote; Murray, “Aye”, Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Bitterman, “Aye”, motion carried.
The commission recessed at 10:12 a.m.
The commission reconvened at 10:31 a.m.
Jessica Unruh, Coteau Properties, requested the commissioners temporarily close the following section lines for the purpose of conducting surface coal mining and reclamation operations: The section line road between the SW ¼ of Section 3 and the SE ¼ of Section 4, T144N, R88W located north of the railroad; The section line road between the NW ¼ of Section 4, T144N, R88W and the SE ¼ of Section 35, T145N, R88W; and the section line road between Section 27 and Section 34, T145N, R88W, which is not accessible by any vehicle. Unruh stated there will be no restricted access. Commissioner Murray asked if there are any farmers that need access. Unruh said that farmers will have a key for access. Chairman Bitterman questioned if Coteau has contacted the people that live in the vicinity. Unruh said that is the next step, and she will be back to the June 19th meeting for approval. Motion made by Commissioner Scheurer, second by Commissioner Tveit to accept the petition and set the public hearing on the 19th day of June, 2013, at 10:30 AM CST, for the purpose of receiving testimony and evidence bearing upon the above request by the Petitioner. On roll call vote; Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Murray, “Aye”, Bitterman, “Aye”, motion carried.
Mark Haugen, Coteau Properties, gave the commission a short update on the mine plan. The mine to the east is looking at a timeframe of operating until year 2040. Haugen stated that they are currently in their final stages of reclamation on Highway 1806. By working with the North Dakota Department of Transportation (NDDOT), the bypass on Highway 1806 should be removed by September 2012. Haugen stated the west mine is currently running one dragline at a time. 13.2 million ton of coal is being mined presently, next year projected to mine 13.9 million ton, and after that 14 to 14.5 million ton. By fall they hope to have two draglines running. Haugen projected mining at that site until year 2045 to supply the plants. Directly west of Coteau, they would like to open up a reserve and bring the dragline up. Haugen stated they would have to close a mile stretch of County Road 15 and direct the traffic to County Road 21 and back to Highway 1806. The three mile stretch would be gravel through the mine. Commissioner Entze questioned the three mile stretch being gravel. He stated he feels citizens might not be pleased to go from driving on pavement to driving on gravel with a $50,000 vehicle. Haugen stated by 2016, the traffic will be diverted to the gravel stretch because they don’t want to intertwine their equipment with public traffic.
Chairman Bitterman indicated the next item on the agenda is “Executive Session – Pursuant to 44-04-19.1(5) and 44-04-19.2 NDCC – Attorney Consultation re: Pending Department of Labor Claim.” This item must be discussed in executive session. The legal authority for closing this portion of the meeting is NDCC Section 44-04-19.1(5) and 44-04-19.2. The topic or purpose of this executive session is for attorney consultation re: Pending Department of Labor Claim. At this time, a motion would be in order to discuss the next topic in executive session rather than in an open meeting. Is there such a motion? Motion made by Commissioner Tveit, second by Commissioner Scheurer to enter into executive session. There was no discussion on the motion? On roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried. The executive session will be recorded and all members of the governing body are reminded to limit their discussion during the executive session to the announced topic. Any collective decision, collective commitment, or other final action by the governing body must occur after it reconvenes in an open meeting, unless final action is specifically required by law to be taken during executive session. The prohibition on taking final action during the executive session does not apply to providing guidance or instructions to our attorney. We will now ask the members of the public who are attending the meeting to leave the room. We anticipate adjourning the executive session and reconvening the open portion of the meeting as soon as possible. The minutes will show that the executive session began at 10:53 AM CDT and was attended by Commissioner Bitterman, Commissioner Entze, Commissioner Murray, Commissioner Tveit, Commissioner Scheurer, State’s Attorney Binder, and Auditor Brost.
The minutes will show that the executive session was adjourned at 11:05 AM CDT. The public has been invited to return to the meeting room and we are now back in open session.
Chairman Bitterman indicated the next item on the agenda is “Executive Session – Pursuant to 44-04-19.1(5) and 44-04-19.2 NDCC – Attorney Consultation re: Reasonably Predictable Civil Litigation.” This item must be discussed in executive session. The legal authority for closing this portion of the meeting is NDCC Section 44-04-19.1(5) and 44-04-19.2. The topic or purpose of this executive session is for attorney consultation re: Reasonably Predictable Civil Litigation. At this time, a motion would be in order to discuss the next topic in executive session rather than in an open meeting. Is there such a motion? Motion made by Commissioner Murray, second by Commissioner Scheurer to enter into executive session. There was no discussion on the motion? On roll call vote; Murray, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried. The executive session will be recorded and all members of the governing body are reminded to limit their discussion during the executive session to the announced topic. Any collective decision, collective commitment, or other final action by the governing body must occur after it reconvenes in an open meeting, unless final action is specifically required by law to be taken during executive session. The prohibition on taking final action during the executive session does not apply to providing guidance or instructions to our attorney. We will now ask the members of the public who are attending the meeting to leave the room. We anticipate adjourning the executive session and reconvening the open portion of the meeting as soon as possible. The minutes will show that the executive session began at 11:07 AM CDT and was attended by Commissioner Bitterman, Commissioner Entze, Commissioner Murray, Commissioner Tveit, Commissioner Scheurer, State’s Attorney Binder, and Auditor Brost.
The minutes will show that the executive session was adjourned at 11:12 AM CDT. The public has been invited to return to the meeting room and we are now back in open session.
Wanda Knutson, Clerk of Courts, spoke to the commissioners of the importance for them to attend ILG classes. She encouraged them to attend the annual conference in October. Knutson told the commissioners that the North Dakota Association of Counties (NDACO) has sessions specifically for the commissioners they can take to learn their roles. Chairman Bitterman asked Auditor Brost to remind him of the dates when NDACO has sessions.
Darbie Berger, Treasurer, briefly spoke with the commissioners about a few things she learned from the Legislative Wrap-Up. Berger stated that treasurer’s will now be required to add more things to their tax statements. With the new software and changes coming up, this will cost the county more money.
Commissioner Murray mentioned that since he missed the last commission meeting, he would like to comment about the policy of personal use that was sent back to the Policy Committee for redrafting. Commissioner Murray states that no matter what the county puts in the handbook for a policy, the insurance policy has the ultimate say. The county or the employee will be responsible, and ultimately it is the taxpayers’ dollars that will be spent on something that could have been prevented.
There being no further business, on motion duly made and second, the meeting was adjourned at 11:27 AM CDT. The next regular meeting of the commission will be June 5, 2013 at 9:00 AM CT in the courtroom of the Mercer County Courthouse, Stanton, North Dakota.
Frank Bitterman, Chairman
Shana L. Brost, Auditor
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