Most recently approved County Commission Minutes

 

Mercer County Commission
Minutes
October 1, 2014

 

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

Motion made by Commissioner Entze, seconded by Commissioner Scheurer to approve the agenda with additions. On roll call vote; Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve the minutes of the September 17th  commission meeting and September 23rd and 30th special meetings.  On roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Bitterman, seconded by Commissioner Tveit to approve the payments of bills as follows:  Beulah City Park District, $510.42; Beulah Fire Protection District, $407.32; Beulah School District, $30,131.57; Center Stanton School District #1, $1,563.37; City of Beulah, $14,648.75; City of Golden Valley, $962.34; City of Hazen, $12,073.36; City of Pick City, $818.87; City of Stanton, $2,715.29; City of Zap, $1,119.90; Hazen City Park District, $392.80; Hazen Rural Fire District, $91.23; Hazen School District 3, $14,359.31; ND State Treasurer, $422.09; Soil Conservation District, $183.59; Southwest Water Authority, $212.22; Stanton City Park District, $187.19; Underwood School District, $1,172.71; Zap City Park District, $25.79; Card Member Services, $43.92; Custer Health District, $955.63; G&D Enterprises, $840.00; Thomas D. Kaspari, MD PC, $200.00; McLean Mercer Library, $848.37; Mercer & McLean Counties, $424.22; Mercer County Ambulance Service, $847.87; Mercer County Fair Association, $214.53; Mercer County Historical Society, $41.12; Mercer County Regional Airport, $738.50; Verizon Wireless, $722.41; Water Resource District, $810.28; Corner Express of Center L.L.C., $112.00; Southwest Business Machines Inc., $758.28; 24/7 Contracting Services LLC, $237,477.23; AED Everywhere, $98.90; Beulah Job Development Authority, $606.34; BHG, Inc., $104.78; Frank Bitterman, $255.36; Blue Cross Blue Shield of ND, $42,533.86; Butler Machinery Co., $14,039.27; CenturyLink, $272.16; Comfort Inn, $74.00; Congregational Church of Beulah, $1,462.00; Corner Express of Center L. L. C., $65.00; Ronald Crowley, $25.76; D & E Supply Co. Inc., $1,225.82; Donald E. Mutzenberger, $63.18; Election Systems & Software Inc., $2,367.72; Gary Emter, $25.00; Graphic Lettering & Trim, $50.00; Implementation Specialists, $135.00; Van Johnson, $5,252.50; Free Karges, $326.00; Andrew Keith, $187.50; Kermit Schaefer Consulting, $14,000.00; Klein McCarthy Architects, $24,937.83; Gontran Langowski, $291.06; Kurt Milbradt, $20.00; Montana Dakota Utilities, $43.50; Gary Murray, $144.48; NDACo Resources Group, $380.79; ND Secretary of State, $36.00; Northwest Tire Auto Service Inc., $459.34; Postmaster, $98.00; Puklich Chevrolet, Inc., $3,965.88; Roughrider Electric Cooperative, Inc., $525.00; Sailer Septic Services, $90.00; Sakakawea Medical Center, $144.00; Duane Scheurer, $271.04; Southwest Business Machines Inc., $224.55; Strata Corporation, $172.50; Subway #12480, $295.95; Terrance Ternes, $21.58; William Tveit, $84.00; Verizon Wireless, $1,149.54; Christopher Waller, $203.00; Cyndi Zueger, $127.26; Brownells, Inc., $32.50; Farmers Union Oil Co., $89.26; Galls/Quartermaster, $330.00; Jay Gangl, $19.80; NACVSO, $30.00; National Association of Counties, $450.00; ND Insurance Department, $8.31; Specialty Lock & Safe Service, $680.00; Verizon Wireless, $45.85; Verizon Wireless, $177.80; Acme Tools, $457.98; Bronson’s Supervalu, $13.21; Filter Care of Grafton Inc., $160.66; Hazen Motor Co./Farm Implement Shop, $305.10; Hedahl’s Inc., $453.45.  Commissioner Entze questioned the bill to Puklich Chevrolet in the amount of $3,965, wondering why the dealership in the county is not being utilized for vehicle repairs.  Commissioner Bitterman questioned the payment to Free Karges for repairing the PTO shaft and 35 Series U-joint.  Bitterman stated he would like referenced in the spreadsheet which piece of equipment is being repaired.  Commissioner Scheurer asked about the payment to the Beulah Congregational Church for hauled scoria.  Commissioner Entze stated the church owns a scoria pit that the county utilizes.  Upon roll call vote; Bitterman, “Aye”, Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Bitterman, second by Commissioner Entze to pay for a flu shot for any county employee without insurance.  Upon roll call vote; Bitterman, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.  The flu clinic will be held in Stanton on Monday, October 6th from 7:30 AM until noon.

Motion made by Commissioner Tveit, second by Commissioner Entze to appoint Gary Knell as the 2014 North Dakota State Fair delegate.  Upon roll call vote; Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to cancel taxes on parcel BB-144-88-01-05-18 Lot 18 Block 5 Original Townsite in Beulah, in the amount of $1,572.85.  Treasurer Berger stated the taxes should have been cancelled in January, but was not aware the property was sold to the City of Beulah.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Bitterman to allow $120 expenditure for three door prizes for the Annual NDACo conference.  Upon roll call vote; Scheurer, “Aye”, Bitterman, “Aye”, Entze, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Bitterman, second by Commissioner Entze to appoint Gary Emter for the NDACo delegate.  Upon roll call vote; Bitterman, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

The board held the first reading of Policy 606 Inclement Weather.  The policy reads as follows: “606(A) NO TRAVEL ADVISORY   It is dangerous to residents of the County to be out traveling on highways when the Mercer County Sheriff’s Department has advised a no travel advisory. It is dangerous for personnel of Mercer County to be called out to rescue people who get stranded when they are traveling in no travel advisory conditions. As such, it is the resolution of the Mercer County Commission that when the Mercer County Sheriff’s Department has issued a no travel advisory no member of the Mercer County Highway Department will clear any county roads or highways or go out to rescue stranded drivers until the advisory has lifted by the Mercer County Sheriff’s Department. This resolution shall not have any effect upon any emergencies and the Mercer County Highway Department will continue to respond to medical emergencies as they arise. Be it further resolved that if the Mercer County Highway Department does go out and rescue drivers who have been traveling during no travel advisories, that then and in that event, the Mercer County Highway Department shall charge all such drivers the regular County rate of charge for personnel and equipment whether they are rescued from public roads or from private roads. If an employee of Mercer County is stranded on a County or private road and needs the assistance of the Mercer County Highway Department, no charge or fee shall be applied to that employee.

 

606(B) EMPLOYEE INCLEMENT WEATHER PROCEDURES

Inclement weather stresses many of the day-to-day services that are taken for granted. During severe weather, power may fail, roads may become impassible or extremely hazardous, and normal emergency services may be tasked to deal with large-scale emergencies which divert them from their normal duties. County employees attempting to report to or from work may become involved in an accident and/or incident which not only could endanger their lives, but may also delay the prompt recovery of the County from the severe weather conditions.

This policy addresses procedures and policies to be used during adverse weather conditions, which may preclude the safe arrival and/or departure of county employees. Safety is the primary objective in the implementation of these procedures.

Authority: The authority to close and/or issue a reporting delay rests with the Mercer County Commissioner Chairman and the Sheriff, or their designee. The Mercer County Highway Department Superintendent may assist the Chairman and Sheriff in the determination of a closure/delay.

Procedures:

Prior to the workday beginning: The Chairman and Sheriff will determine the advisability of travel on county roads and/or highways. If travel is found to be hazardous, the Sheriff will contact the Mercer County Auditor’s Office, who shall contact Department Heads. Thereafter, Department Heads shall notify employees of the closure.

Delayed reporting: Delayed reporting will be used when, in the opinion of the Chairman and Sheriff, conditions will decrease in the severity and recovery operations will have progressed to the point that travel, while not ideal, would be safe if travelers use caution, defensive driving techniques (e.g. reduced speed, increasing the interval between cars, etc.). Delayed reporting times should allow for clearing conditions 1.5 hours prior to arrival at county offices; this will allow employees a 1.5 hour period to travel to work. For example, if conditions are predicted to improve by 10:30 a.m., the delayed reporting time will be approximately 12:00 p.m.

After the workday begins (early closure): If the Chairman and the Sheriff determine that the weather conditions may degrade to a point that travel will not be advisable for the duration of the workday, the Sheriff will notify the Mercer County Auditor’s Office of such determination. The Auditor’s Office will notify Department Heads, who shall notify employees.

Compensation. Employees shall be compensated in like manner to that of holiday pay as described in Section 304 of this Manual, and in no event shall an employee be assessed a penalty or reduction in regular wages for closures of County services in the case of severe weather.

Overtime. Overtime compensation will continue to be paid in accordance with County pay policies.

Personnel.

All personnel, with the exception of pre-designated “essential” personnel, are subject to closure/delay reporting/early closure notifications.

Essential personnel. Essential personnel include any personnel designated as such by a County Department Head. Normally, essential personnel include those employees of departments which characteristically require a county employee presence at all times to maintain essential systems, operations and/or duties (e.g. Sheriff’s Department), or personnel essential to recovery operations during the current severe weather conditions (e.g. Highway Department). County personnel not previously designated as “essential” may be designated as such at any time (including during severe weather) if essential services and/or duties performed by that employee directly affect the recovery or continuation of essential services of county infrastructure.

Responsibilities:

Department Heads. Department Heads are responsible for ensuring that employees under their supervision understand this policy. This document should be viewed as a safety procedure that minimizes county employee exposure to potential loss of life or injury. The safety of all county employees is important and designation as an essential employee does not intimate that the employee’s safety is any less important than those designated as non-essential. This policy, as with most emergency procedures, strives to minimize the exposure to risk to the maximum extent possible, however, some essential county services must be maintained, and therefore some personnel will be asked to report to their duty locations to provide these services. Exceptions to these policies will occur and are addressed within this policy.

Designating personnel: Department heads will designate essential personnel using the guidelines above. Department heads will ensure that all employees are aware of their designations as essential or non-essential.

Essential personnel unable to report. Department heads must be aware that even though an employee is designated as essential that prevailing conditions may not allow that employee to report to work on time. Supervisors may have to extend shifts, substitute more centrally located personnel, or in extreme cases, contact the Sheriff to retrieve personnel unable to report to work in their private conveyance. Upon receipt of a closing or delay, off-duty essential personnel will contact their immediate supervisor or department head to confirm their ability to report to work. Those who cannot make their scheduled shift/duty hours due to unsafe conditions will not be assessed any penalty and will not be assessed sick and/or vacation time. Employees who cannot make their scheduled shift/duty hours due to unsafe conditions in accordance with this policy shall be paid in like manner to that of holiday pay as described in Section 305 of this Manual.

Retrieving essential personnel. Supervisory personnel who determine that identified essential functions will not be met due to lack of manpower as a result of severe weather may need to consider contacting the Sheriff to retrieve personnel necessary for continued essential operations from their homes. The Sheriff may coordinate with any necessary services to assist in the retrieval of essential personnel.”

Motion made by Commissioner Tveit, second by Commissioner Scheurer to authorize Sheriff Danzeisen to enter into agreement with both the state and Gary Miller to rent office space effective immediately.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Bitterman to approve the 2015 Blue Cross Blue Shield contract.  Auditor Brost stated the contract increased for the next fiscal year by 9.9%, but employee’s rates would not be going up this year due to the amount of money in the health insurance fund.  Upon roll call vote; Scheurer, “Aye”, Bitterman, “Aye”, Tveit, “Aye”, Entze, “Aye”, Murray, “Aye”, motion carried.

Gary Emter, Tax Director/Land Use Administrator, presented the board with four zoning cases.  Zoning case #14-09-01 was a conditional use permit issued to Antelope Hills Wind Project, LLC for a wind energy facility in Sections 21-28 T146N R90W, Sections 2-3 T145N R90W, Sections 20, 27-39 T146N R89W, Sections 1-14 T145N R89W, and Sections 5-9, 14-17, 20 T145N R88W.  Approval is based on Public Service Commission approval, and the applicant is to obtain proper permits and notify the County Road Department before erecting towers.  Applicant is to follow the restoration of property procedure of the zoning ordinance.  Commissioner Entze asked Casey Willis, Infinity Wind Power, how they are planning to move the concrete and towers into the county.  Willis stated the layouts submitted are just the preliminary routes they would like to use and have not yet been finalized.  Willis added Infinity Wind Power will enter into a maintenance agreement to ensure the county roads are in the same condition, if not better, from when they started.  Willis stated Infinity Wind Power goes as far as videotaping the roads before they start hauling on them.  Commissioner Tveit asked even though the maintenance agreement would be with Infinity Wind Power, would everyone under them be obligated to follow the agreement?  Willis stated that is correct and Infinity will not break ground without the agreement in place first.  Motion made by Commissioner Scheurer, second by Commissioner Bitterman to approve conditional use permit #14-09-01 to Antelope Hills Wind Project, LLC for the wind energy facility.  Upon roll call vote; Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Zoning case #14-09-04 was a statement of approval of a variance issued to Antelope Hills Wind Project, LLC for the wind energy facility.  The applicant is requesting a minimum 72 feet of ground clearance from the blade tip of a wind turbine at its lowest point.  Emter stated there was no opposition from the planning commission, but no application was made at the time.  Emter added when the county ordinance was written in either 2008 or 2009, the blades were not as long as they are now.  Willis stated technology is evolving so rapidly, the wind turbines are becoming bigger and more efficient.  Chairman Murray stated while technology advances, the county should be advancing their ordinance.  Motion made by Commissioner Entze, second by Commissioner Scheurer to approve the statement of approval of a variance, zoning case #14-09-04, to Antelope Hills Wind Project, LLC.  Upon roll call vote; Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Zoning case #14-09-02 was an approval of a preliminary plat for Sandstone Point Subdivision in the NE ¼ Section 5 T145N R87W brought forward by Duane Hafner.  Motion made by Commissioner Bitterman, second by Commissioner Tveit to approve the preliminary plat for the Sandstone Point Subdivision, zoning case #14-09-02.  Upon roll call vote; Bitterman, “Aye”, Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Zoning case #14-09-03 was an approval of a preliminary plat of Meadowlark Addition in the SE ¼ Section 11 T144N R88W brought forward by Redland, LLC.  Emter stated the approval was denied by the planning commission.  Motion made by Commissioner Tveit, second by Commissioner Entze to deny the preliminary plat of Meadowlark Addition for Redland, LLC.  Commissioner Entze didn’t feel the board should approve anything until the site is cleaned up.  Commissioner Bitterman stated he is disappointed in the denial and feels sorry for the people that want to make it into something.  Bitterman asked who is responsible to clean up the site.  Commissioner Tveit stated the county has Planning and Zoning board for a reason and feels the commission should back their recommendations.  Commissioner Scheurer stated no one was at the Planning and Zoning meeting to represent Redland, LLC and answer questions.  Upon roll call vote; Tveit, “Aye”, Entze, “Aye”, Bitterman, “Nay”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Sarah Flath, Coyote Creek, presented the board with a petition for permitting surface coal mining operations within 100 feet of the section line of a public road.  The following road was petitioned:  the east side of the section line road between the SE ¼ of Section 23 and SW ¼ of Section 24, T143N, R89W; and the east side of the section line road between Section 25 and Section 26, T143N R89W.  Motion made by Commissioner Scheurer, second by Commissioner Tveit to acknowledge the petition and set the public hearing for October 15, 2014 at 10:30 AM CT.  Upon roll call vote; Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

The board recessed at 10:00 AM CT.

The board reconvened at 10:10 AM CT.

Motion made by Commissioner Tveit, second by Commissioner Entze to accept the 2014-2015 Federal Aid Program, in which Mercer County will be allocated $2,818,090 through House Bill 1358.  Upon roll call vote; Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Ken Miller, Road Superintendent, addressed the board about purchasing a drop-in sander from Swanston in Bismarck.  Miller stated the estimate for the sander was $20,275.  Commissioner Tveit asked Miller if it was in his budget and Miller stated it was.  No further action was taken.

Miller stated he had claim vouchers from Interstate Engineering, Inc. that Steve Mamer had dropped off at the Highway Department yesterday.  Commissioner Tveit suggested Miller brings them back to the October 15th meeting so they can be reviewed.  No further action was taken.

Miller stated he spoke with Dale Hegland, Upper Great Plains Transportation Institution, about an assessment on done on Mercer County’s roads and bridges.  Miller encouraged the commissioners to look through the assessment.  Miller addressed the Local Roads Safety Study with the board.  Their engineers suggested more chevron signs, rumble strips, and lighted intersections for Mercer County.  Miller added the county doesn’t have to do it, but if they did it would be paid 90% by the state and the county would be responsible for 10%.  Miller also discussed the Nuens Bridge with the board and stated Mamer was trying to get a hold of Industrial Builders to see if he could get the project under $100,000 to avoid the bid letting process.  Miller reported the box is done being built.  Commissioner Scheurer asked Miller if Baranko Brothers accepted the deal discussed at the last board meeting.  Miller stated Baranko wanted the county to purchase the pile of Class 13 gravel, 5,300 ton at $11.50/ton.  Miller added gravel at both the Bornemann and Riverdale pits are $7.45/ton and felt $11.50/ton was too high of a price.

Commissioner Tveit asked State’s Attorney Binder if she ever wrote Southwest Water Authority a letter in regards to the issue of weeds.  Binder stated she didn’t because she had to review the Utility Occupancy Permit and Application first, and determined the issue of weeds would go back to the landowners.  Miller suggested maybe he could update the permit to include weeds.  State’s Attorney Binder stated it would have to be specific because the way it is written now isn’t.  Binder added she didn’t know where to direct SWW in the letter.  Commissioner Bitterman stated the county needs to get the permit changed and asked the board how they plan on taking care of the weed problem.  Chairman Murray suggested writing a blanket letter to SWW and copying the Weed Board on it.  State’s Attorney Binder stated she could write something up to include weeds on the permits.  Miller stated the county should start charging for the utility permits and approach permits because of the time it takes to do them.  Commissioner Tveit asked State’s Attorney Binder about the fence north of Stanton, if a cease and desist letter had been written.  State’s Attorney Binder replied no because a survey needed to be done.  Binder added she would check with Mamer to see where he is on that.  No further action was taken.

Scott Fettig, Klein McCarthy Architects, and Pete Filippi, Contegrity Group, updated the board on the plans for the new courthouse addition and jail expansion.  Fettig stated some changes made to the plans since the board last saw them were due to security enhancements.  Fettig noted most departments would have a sliding glass window at a public service counter with the exception of the Clerk of Courts having permanent glass in place and the State’s Attorney having all glass with no gaps, just a tray to pass paper through.  Fettig stated throughout the engineering meetings there are things that have come up that weren’t in the schematic design, but needed.  Fettig added the department heads have been great to work with and haven’t asked for anything that wasn’t needed.  Fettig noted the full schematic design would be done by mid-November.  Filippi went over the additional estimated request items with the board, such as: roofing to the existing courthouse, cameras/intercoms/recording, HVAC unit in dispatch, generator walk-in enclosure, new courthouse addition humidification, water softener, existing LEC air intake modifications, existing courthouse upgrades, and a fire pump.  Fettig stated they were looking to advertise for bids the beginning of February with the bid letting in March.  Commissioner Tveit asked if there would be a classroom in the jail for things such as a bible study.  Fettig stated they could put a storage room in the indoor rec area for tables and chairs to pull out if they wished to have a study.  State’s Attorney Binder stated since Mercer County is a detention center and not a correctional facility, it was not mandatory to have any classrooms for the inmates.  Motion made by Commissioner Bitterman, second by Commissioner Entze to add the additional request items to the scope of work, and make the items that could be bid alternates.  Commissioner Scheurer stated the county needs to be frugal in how they do business, but some things need to be done ahead of time.  Upon roll call vote; Bitterman, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Filippi discussed the contract for soil boring with the board.  Filippi had estimates from Material Testing Services for $6,300.00, Midwest Testing for $8,325.00, and Braun Intertec for $9,685.00.  Filippi recommended going with the lowest estimate, Material Testing Services.  Motion made by Commissioner Tveit, second by Commissioner Scheurer to accept the estimate from Material Testing Services in the amount of $6,300.00 for the soil boring.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Tveit to close the regular meeting and open the public hearing on the 2015 County Budget.  Upon roll call vote; Entze, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Treasurer Berger stated she didn’t have any input but requested a copy of the budget and felt every department head should have a copy.  Commissioner Tveit asked Berger if she could just go to the Auditor’s office to review it to save on paper.  Commissioner Scheurer stated the treasurer should have a copy of the budget, but other departments should just receive a copy of their own budget so they know how much they were allocated to spend.  Auditor Brost stated each department head receives a copy of their budget every month from her office during the month-end process.  With no input from the public a motion was made by Commissioner Tveit, second by Commissioner Scheurer to close the public hearing and reopen the regular meeting.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Bitterman, second by Commissioner Scheurer to approve the 2015 County Budget.  Upon roll call vote; Bitterman, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to appoint Liz Braithwaite, Scott Schields, Donna Hanson, and Cassandra DuMond as inspectors and Joan Stromme, Cheri Stromme, Paulette Mattheis, Glenda Miller, John Gabriel, Zeely Rush, Trudy Piatz, and Mardi Pfliger as clerks for the General Election November 4, 2014.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

State’s Attorney stated, in regard to Coyote Creek’s petition, since it was a setback waiver, a petition is just a request.  Binder added Coyote Creek has already done the advertising for 21 days for the Public Hearing to be today, not for just the petition to be heard today.  Motion made by Commissioner Scheurer, second by Commissioner Tveit to rescind the previous motion that set the hearing date for October 15, 2014 at 10:30 AM CT.  Upon roll call vote; Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Tveit to accept the resolution for permitting surface coal mining operations within 100 feet of the section line of a public road and acknowledge public notice was given and there was no public in attendance and interests of the public and the landowners effected will be protected.  Upon roll call vote; Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, Murray, “Aye”, motion carried.  The resolution reads as follows:

“WHEREAS, pursuant to the provisions of Chapter 38-14.1-07(4) of the North Dakota Century Code and Chapter 69-05.2-04-01.1(3)(b) of the North Dakota Administrative Code, Coyote Creek Mining Company, LLC (“Coyote Creek”) petitioned the Board of County Commissioners of Mercer County, North Dakota (“Commission”) for permission to conduct surface coal mining operations within 100 feet of the section line of the following public road:

The east side of the section line road between the SE ¼ of Section 23 and SW ¼ of Section 24, T143N, R89W.

The east side of the section line road between Section 25 and Section 26, T143N R89W.

WHEREAS, a public hearing was held upon the Petition of Coyote Creek before the Commission on the 1st day of October, 2014, in the Courthouse in the City of Stanton, North Dakota, and the Commission having heard and considered all of the testimony and evidence presented;

WHEREAS, the Commission has jurisdiction over the subject matter of the Petition and the public road and right-of-way stated therein;

WHEREAS, the Notice of Hearing on said Petition was published as required by law; and

WHEREAS, the interests of the public and the interests of the affected landowners will be protected.

NOW, THEREFORE, BE IT RESOLVED that the Commission does hereby approve the conducting of surface coal mining operations, except actual coal removal, by Coyote Creek within 100 feet of the section line of the following public road:

The east side of the section line road between the SE ¼ of Section 23 and SW ¼ of Section 24, T143N, R89W.

The east side of the section line road between Section 25 and Section 26, T143N R89W.

BE IT FURTHER RESOLVED that this Resolution, the Petition involved herein, and the Affidavits of Publication of Notice of Hearing be filed with the Mercer County Auditor.

Dated this 1st day of October, 2014.

MERCER COUNTY COMMISSION

/s/Gary Murray, Chairman

/s/Duane Scheurer, Vice-Chairman

/s/Frank H. Bitterman

/s/Wayne Entze

/s/Bill Tveit

ATTEST

Shana L. Brost, Mercer County Auditor”

State’s Attorney Binder discussed a Quiet Title Action she received from Attorney Pat Donovan.  Binder stated it was in regard to a Tax Deed in 1998 and she needed the Chairman to sign the Admission of Service.  No further action was taken.

There being no further business, on motion duly made and second, the meeting was adjourned at 11:57 AM CDT. The next regular meeting of the commission will be October 15, 2014 at 9:00 AM CT in the courtroom of the Mercer County Courthouse, Stanton, North Dakota.

 

Approved:  Gary Murray, Chairman

Attest:  Shana L. Brost, Auditor