Most recently approved County Commission Minutes

 

 

Mercer County Commission
Minutes
March 4, 2015

 

The meeting was called to order at 9:00 AM CT by Chairman Murray, also present was Commissioner Scheurer, Commissioner Entze, Commissioner Tveit, Commissioner Gunsch, State’s Attorney Binder and Auditor Brost.

Motion made by Commissioner Tveit, second by Commissioner Entze to approve the agenda with additions.  All members voted “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve the minutes of the February 18th regular meeting.  All members voted “Aye”, motion carried.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve the payment of bills as follows:  Annuity Premium Reserve Account, $627.09; Collection Center Inc., $385.71; Credit Bureau of Bismarck, Inc., $733.17; CMFG Life Insurance Company, $315.76; Guardian, $82.76; Mercer County Auditor, $64,991.14; Mercer County Treasurer, $3,249.01; Montana CSED, $84.00; Nationwide Retirement Solutions, $2,229.29; Recovery Resources, LLC, $24.77; United States Treasury, $200.00, Mercer County Payroll Net Pay, $232,290.03; Annuity Program #2 Deferred Comp, $1,336.50; Mercer County Treasurer Medicare Tax, $4,743.36; Mercer County Treasurer Fica, $20,281.92; Cuna Mutual Life Insurance, $1,265.30; Mercer County Treasurer State Tax, $3,045.16; Mercer County Treasurer Federal, $33,167.50; Mercer County Treasurer, $2,678.85; Aflac, $2,017.89; Guardian Life Insurance, $247.62; Mercer County Treasurer, $8,912.98; Nationwide Retirement Solutions #3, $13,236.71; NDPERS, $26,124.71;NDPERS #4 Deferred Comp, $13,741.64; Bay Mont Inn, $224.10; Belzona, $780.91; Pocket Press, Inc., $134.85; St. Baldrick’s Foundation, $200.00; Benco Equipment Company, $179.00; Beulah Convention & Visitors Bureau, $25.00; Beulah Job Development Authority, $606.34; Beulah Public School District #27, $12.00; Bill Barth Ford Inc., $24,926.50; Capital Trophy Inc., $76.00; Dakota Fire Extinguisher Inc., $175.60; Eggers Electric Motor Co., $43.20; Hobbs Inc., $1,049.90; J & R Vacuum $ Sewing Inc., $69.41; Klein McCarthy Architects, $79,268.52; Gontran Langowski, $199.14; Mel Roth Oil Company, $92.00; Mercer County Shop, $192.71; Napa, $18.35; NDSU, $206.00; Postmaster, $60.00; Verizon Wireless, $675.04; Redwood Toxicology Laboratory, $75.00; Seatol, $350.00; Southwest Business Machines Inc., $1,761.96; Verizon Wireless, $1,295.75; West River Telecommunications, $3,080.00; Warren Wiedrich, $321.10; AED Everywhere, $193.00; Beulah Beacon, $288.00; Beulah Lumber Co., $71.62; BHG, Inc., $3,454.02; Butler Machinery Co., $2,787.30; Card Member Service, $183.59; CenturyLink, $272.42; City of Beulah, $61.14; Corner Express of Center L.L.C., $359.48; Direct Med, $140.04; Farmers Union Oil Co., $6,309.39; Hazen Hardware Inc., $4.99; Hazen Motor Co., $113.30; J & M Hardware, Inc., $617.14; Mercer County Shop, $2,819.44; Kurt Milbradt, $26.99; Napa, $994.67; NDACo Resources Group, $395.54; ND Association of Counties, $791.50; ND EMS Association, $110.00; ND County Recorder’s Association, $100.00; ND Safety Council, $250.00; Neuberger Oil Company, $10,666.52; Northwest Tire Auto Service Inc., $13.12; Pretty Petals, $45.00; RDO Equipment Co., $1,454.81; Carmen Reed, $211.12; Southwest Business Machines Inc., $43.98; Vanguard Appraisals Inc., $1,237.50; Venture Marketing, $29.95; Verizon Wireless, $45.64; Beulah City Park District, $75,554.10; Beulah Fire Protection District, $6,924.45; Beulah School District, $551,850.10; Center Stanton School District #1, $44,584.41; City of Beulah, $256,273.38; City of Golden Valley, $3,046.62; City of Hazen, $156,191.16; City of Pick City, $7,337.32; City of Stanton, $19,600.97; City of Zap, $8,589.36; Fort Clark Irrigation District, $15,529.80; Glen Ullin Rural Fire District, $108.48; Glen Ullin School District #48, $2,721.79; Golden Valley Rural Fire District, $3,619.19; Halliday Rural Fire Protection District, $1,449.38; Hazen City Park District, $32,621.72; Hazen Rural Fire District, $11,041.56; Hazen School District 3, $197,007.90; Hebron Public School District 13, $40,340.29; Hebron Fire Protection District, $2,235.80; ND State Treasurer, $11,567.96; Soil Conservation District, $9,087.98; Southwest Water Authority, $11,497.99; Stanton City Park District, $3,491.27; Stanton Rural Fire Protection, $2,837.62; Underwood School District, $27,260.90; Zap City Park District, $3,237.53; Zap Rural Fire Protection, $4,313.28; Blue Cross Blue Shield of ND, $48,986.58; Custer Health District, $37,447.74; Gary Emter, $45.50; Wayne Entze, $206.54; Thomas D. Kaspari, MD PC, $200.00; McLean Mercer Library, $43,589.84; Mercer & McLean Counties, $44,356.53; Mercer County Ambulance Service, $32,493.19; Mercer County Fair Association, $10,469.79; Mercer County Historical Society, $2,871.43; Mercer County Regional Airport, $27,281.33; Montana Dakota Utilities, $102.63; ND Game & Fish Department, $1,072.00; Verizon Wireless, $179.19; Water Resource District, $40,264.45; Acme Tools, $199.96; AmeriPride Services Inc., $66.49; Butler Machinery Co., $1,017.12; City of Stanton, $4,305.33; Comfort Inn, $74.00; Corner Express of Center L.L.C., $52.09; D & E Supply Co Inc., $511.85; Farmers Union Oil Co., $75.18; Hazen Hardware Inc., $82.95; Hiway Express, $84.80; Northwest Tire Auto Service Inc., $549.56; Pitney Bowes, $5,039.38; RDO Equipment Co., $658.53.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Gunsch to approve Liquor License #376 and 377 to Hook Line and Sinker.  All members voted “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Tveit to approve Raffle Permit #2015-01 to AVS Chrome Domes.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Gunsch to approve Raffle Permit #2015-02 to Gone in 60 Seconds.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Entze to appoint Marvin Sutheimer to the Mercer County Housing Authority to fill an unexpired term ending June 2015.  All members voted “Aye”, motion carried.

Commissioner Gunsch discussed with the board having Southwest Water Authority and Infinity Wind Farms come in and give the board a briefing on what is going on.  Gunsch added communication is good.  Motion made by Commissioner Gunsch, second by Commissioner Tveit to invite Southwest Water and Infinity Wind Farms in to a board meeting.  All members voted “Aye”, motion carried.

The first reading of Policy 303 Vacation Benefits was heard.  The policy reads as follows:  “Employees are strongly encouraged to take earned vacation during the benefit year following its accrual.  Up to a maximum of 320 hours may be accrued, however, employees may accrue vacation hours each month throughout the calendar year, but no employee will start the calendar year with a vacation balance of more than 320 hours.  Employees with excess of 320 hours of accrued vacation will no longer be paid for the amount over 320 hours at the last pay period of the fiscal year.” 

Commissioner Gunsch stated he is concerned if employees can’t take vacations and use their time, the county may need to look at something else because people should be taking vacations.  Commissioner Entze stated the auditor has discussed the county’s liability getting high and the state auditors discussed the huge cash liability to the county.  Entze added 320 hours is a large financial liability to the county.  Employees have vacation to use and Entze feels the county should stick with 240 hours and employees should either use or lose it.  Commissioner Tveit stated vacation is made so employees can get time off and feels 240 hours is adequate and moderate and vacations can be preplanned.  Tveit added there is a financial liability out there and his biggest concern is employees need to take time away from the job.  Chairman Murray stated he agrees with both Commissioner Tveit and Commissioner Entze.  Commissioner Scheurer stated vacation time is there for a reason, to get away and clear your mind.  Scheurer added department heads should make sure vacation is being used and their departments are still able to function.  Commissioner Tveit stated McLean County cross-trains employees so departments can function without full staff.  He feels this could bring harmony as well as benefit the departments.  Gary Emter, Tax Director/Land Use Administrator, stated he would like to see the hours go to 320 because the board has him doing three jobs and in the last seven to eight years he has missed only three commission meetings and no Planning & Zoning meetings.  Emter added this was not done by mistake, that he plans his personal life around work.  Emter stated if he is going to start losing vacation he is not going to make sure he is at every meeting.  He noted that whatever happens doesn’t matter to him, but he will not lose vacation.  Clerk of Courts, Wanda Knutson, stated allowing employees to accrue 320 hours would give the employees who earn 20 hours per month somewhat of a buffer zone.  No further action was taken.

Dena Kemmet came to the board to give the NDSU Extension annual update.  Kemmet stated Craig Askim is the ag agent and she is the Family Consumer Science agent and the 4-H contact.  Kemmet highlighted on different programs the Extension Agency offers and added that they are partnering with the ND Insurance Department in training on Medicare Part D to help individuals choose a plan that is financially best for them. 

Emter presented the board with four zoning cases.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve zoning case #15-02-01, a conditional use permit for a non-farm residence issued to Jayden and Kayla Vettel for a tract of land located in the SW ¼ of Section 14 T145N R89W for a total of 9.5 acres.  Approval is subject to septic system meeting Custer Health District standards.  Present and future owners are responsible for snow removal and maintenance of private roads and approaches.  The owner must provide school bus turnaround if necessary.  .  Upon roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve zoning case #15-02-02, a conditional use permit for a non-farm residence issued to Joseph and Lynne Cuccia for a tract of land located in the SW ¼ SE ¼ SE ¼ of Section 29 T145N R85W for a total of 10 acres.  Approval is subject to septic system meeting Custer Health District standards.  Present and future owners are responsible for snow removal and maintenance of private roads and approaches.  The owner must provide school bus turnaround if necessary. Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Entze, the Board of Mercer County Commissioners adopted the following resolution:

“RESOLUTION TO AMEND THE MERCER COUNTY ZONING DISTRICT MAP

BE IT RESOLVED by the Board of Mercer County Commissioners to amend the Mercer County Zoning District Map so as to change from R-5 Regulations to R-2 Regulations for a single family dwelling:

A tract of land located in the Southwest Quarter of the Southeast Quarter of Section 4, Township 146 North, Range 87 West of the Fifth Principle Meridian, Mercer County, North Dakota, being more particularly described as follows:

Commencing at the southwest corner of Lot 11A as described in Document No. 203740, recorded in Mercer County Recorders Office, which is also the POINT OF BEGINNING; thence from said POINT OF BEGINNING, S 89°02’20”E a distance of 182.71 feet; thence S89°08’42”E a distance of 110.63 feet to the southeast corner of said Lot 11A; thence S00°55’17”W a distance of 89.91 feet; thence S53°50’14”W a distance of 349.24 feet; thence N01°53’13”W a distance of 300.86 feet to the said POINT OF BEGINNING.

Said tract contains 56581 S.F. or 1.299 acres.

Dated this 4th day of March, 2015 by the Board of Mercer County Commission.

/s/ Gary Murray, Chairman

ATTEST

/s/ Shana L. Brost, Auditor”

Upon roll call vote; Gunsch, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve Temporary Use Permit #457 to KS & GS LLC for a commercial motor vehicle parking lot in the S ½ SW ¼ Section 12 T144N R88W.  Access must be available for emergency services.  There is a maximum of 50 parking spaces and the spaces must be numbered or lettered.  No vehicle maintenance or garbage is allowed on the property.  If needed, sanitary facilities must be provided.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Tveit to send Colette to Tax Director training in Bismarck the week of May 18th.  Upon roll call vote; Entze, “Aye”, Tveit, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

The board recessed at 9:50 AM.

The board reconvened at 10:00 AM.

Motion made by Commissioner Entze, second by Commissioner Tveit to close the bids for the Annual Bid Letting.  Upon roll call vote; Entze, “Aye”, Tveit, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

The following bids were opened at this time:

Propane Fuel:

  • Farmers Union Oil Company Beulah

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      Farmers Union Oil Company Hazen

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        Rud Oil

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          Acknowledgements ability to supply received from:

          • Neuberger Oil, Beulah

          • Farmers Union Oil, Beulah

          • Mel Roth Oil Co.

          • Farmers Union Oil, Hazen

          • Rud Oil

        Oil & Grease:

        • Neuberger Oil, Beulah:

          • Total Bid $5515.00

        Common Excavation:            

        • Baranko Brothers, Dickinson

          • (detailed list provided)

        Equipment Rental:            None

         

        Tires & Accessories:

        • Northwest Tire, Mandan

        Gravel/Scoria Crushing:

        • Meyer Aggregate:

          • Scoria $3.50/ton-Gravel $4.95-5.20/ton-Stripping 2.6ft.to 3.0ft-$0.25/ton-Stripping 3.1 ft. to 3.5 ft.-$0.25/ton-Stripping 3.6ft. to 4.0 ft.- $0.25/ton

        • Gravel Products:

          • Scoria $3.84/ton-Gravel $4.22-4.45/ton-Stripping 2.6ft.to 3.0ft-$0.15/ton-Stripping 3.1 ft. to 3.5 ft.-$0.20/ton-Stripping 3.6ft. to 4.0 ft.- $0.25/ton

        • Fisher Sand & Gravel, Dickinson:

          • Scoria $5.00/ton-Gravel $5.25-5.50/ton- Stripping 2.6ft.to 3.0ft-$1.00/ton-Stripping 3.1 ft. to 3.5 ft.-$1.10/ton-Stripping 3.6ft. to 4.0 ft.- $1.20/ton

        Culverts:

        • Reinforced Concrete Pipe and Flared End Sections

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            (detailed list provided)

      • Corrugated Metal Pipe, Bands, & Ends Sections

        • Contech Solutions

          • (detailed list provided)

      Lawn Care:

      • S&M Lawn Service, Center

      • K&K Spraying, Hannover

      Motion made by Commissioner Gunsch, seconded by Scheurer to accept the bids as presented and the County Road Supervisor, Ken Miller will review the bids and return with recommendations at the March 18th meeting. Upon roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Murray, “Aye”, motion carried.

      Motion made by Commissioner Tveit, second by Commissioner Entze to implement road restrictions as soon as the state starts.  Upon roll call vote; Tveit, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

      Motion made by Commissioner Scheurer, second by Commissioner Gunsch to approve Utility Occupancy Application and Permit #1538 to Roughrider Electric Cooperative for an underground electrical line, boring under County 1 in Sections 7 & 8 T145N R90R.  Upon roll call vote; Scheurer, “Aye”, Gunsch, “Aye”, Entze, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

      Motion made by Commissioner Entze, second by Commissioner Tveit to approve the purchase of 25 tons of MC-800 Cutback Asphalt for $890.94/ton from CHS, Inc. for county maintenance.  Upon roll call vote; Entze, “Aye”, Tveit, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

      Road Superintendent, Ken Miller, stated mobile and modular homes are being brought in to the county without permits, and he would like to see a letter being sent out to the moving companies.  Commissioner Gunsch stated he will also address the issue at Planning & Zoning meetings.  No further action was taken.

      Miller stated the county was awarded with $2.696 million in surge funding, but has to be spent on a major corridor.  Miller added some projects he thought would benefit from the surge funding are an overlay on County 26 and a truck bypass on County 17 & 20.  Miller noted there is a meeting on March 19th at the Morton County Shop to discuss plans.  Commissioner Gunsch stated ND HWY 49 will not get wider shoulders this year. 

      Steve Mamer, Interstate Engineering, stated there will be a Plans Specifications and Engineering review next week to drive through and look at the County 17 structure.

      Motion made by Commissioner Tveit, second by Commissioner Gunsch to give Interstate Engineering permission to advertise for the County 17 grading and structure projects.  Upon roll call vote; Tveit, “Aye”, Gunsch, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

      Jim Melchior, Coyote Creek, addressed the board about the County 25 Agreement.  Melchior stated the load limits of 65,000 lbs cause problems for them and would like to work something out without creating enforcement issues throughout the county.  He added he would like to see restrictions of 105,000 lbs.  Melchior proposed to delete 105,000 lbs out of the agreement and enter into a letter agreement for the next couple of months so they can haul their equipment in and out of the mine.  Mamer stated permits are not available during the months of the frost laws but in the past a paper permit was issued for enforcement issues for anything over 65,000 lbs.  Road Superintendent Miller asked what he is supposed to base the permit fee off of—65,000 or 80,000 lbs.  Melchior stated Coyote Creek is still paying to finish the road, so they were hoping to have any fees waived.  Motion made by Commissioner Gunsch, second by Commissioner Entze to allow Coyote Creek to use County 25 with a special permit with fees being paid in excess of 65,000 lbs and any damages would be paid by Coyote Creek until the expiration of the frost law.  Upon roll call vote; Gunsch, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

      No bids were submitted for the Cropland Bid Letting to be held at 11:00 AM CT.  Commissioner Scheurer stated he talked to Mr. Fandrich and he made an offer of $5.00/acre for the cropland and$2.00/acre for the pasture land.  Scheurer added Fandrich stated this would be his last year he would be interested in leasing the land.  Motion made by Commissioner Entze, second by Commissioner Scheurer to accept the offer from Fandrich.  Commissioner Gunsch stated in the future the county should look at leasing the land with three to five year contracts instead of nine months.  Upon roll call vote; Entze, “Aye”, Scheurer, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

      Steve Knutson, West River Telecommunications, addressed the board about a letter he received from the county.  Knutson stated the county was going to charge $100 for an Utility Occupancy Application and Permit.  Knutson added Morton County charges one fee per township and would like to see Mercer County do something similar instead of per crossing due to WRT upgrading all of their telephone lines.  Knutson stated Sheridan and McLean Counties do not charge any fees.  Commissioner Tveit stated the fees were implemented due to the time each permit took to do.  No further action was taken.

      Ken Richau visited with the board.  He stated he lives Northwest of Zap on County 26 and he is proud of the good roads in Mercer County.  Richau added he feels over the last two years the roads have been going downhill, but knows the weather plays into it.  Richau stated the shoulders are getting bad and haven’t been brought in for quite some time, so he would like to see a strong effort to be made to work on the shoulders. The board thanked Richau for coming in.

      State’s Attorney Binder stated she will update the board at the end of the month about portfolio assignments, training, and evaluations.  No further action was taken.

      Commissioner Gunsch stated there will be a hearing on March 12th at 10:30 AM for the Roers Drainage Project and the Courthouse Bid Letting is set for April 15th.

      Commissioner Entze stated Weed Officer, Jamie Bradley, passed away over the weekend and would like to see the job description in both papers and the Dollar Saver with a close date of April 1st.  Entze also updated the board on the Legislative Bill to cover the administrative costs for Social Services.

      Chairman Murray stated he thought SB 2036 would pass and the county would be losing their Benefication Tax.

      There being no further business, on motion duly made and second, the meeting was adjourned at 11:57 AM CST. The next regular meeting of the commission will be March 18, 2015 at 9:00 AM CT in the courtroom of the Courthouse, Stanton, North Dakota.

 

Approved:  Gary Murray, Chairman

Attest:  Shana L. Brost, Auditor