Most recently approved County Commission Minutes

 

 

Mercer County Commission
Special Meeting Minutes
May 1, 2015

 

The meeting was called to order at 10:00 AM CT by Chairman Murray, also present was Commissioner Scheurer, Commissioner Tveit, Commissioner Entze, Commissioner Gunsch, State’s Attorney Binder, Auditor Brost, Treasurer Berger, Wanda Knutson, Jim Albers, and Ron Boyko.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve the agenda.  All members voted “Aye”.

Ron Boyko, City of Stanton Mayor, discussed with the board the need for a screening system for the sewer when the new addition is built.  Boyko stated the city had sent a camera through the sewer and there are many dips the city is concerned about.  Boyko added there have been quite a few issues at the motel and spoke with the City Engineer stating it would be in the city’s best interest to require a screening system.  Mayor Boyko stated the city has agreed to pay 18% or up to $10,000 towards a screening system.  Boyko noted adding a screening system is nothing compared to the costs of fixing streets and splicing sewer lines.  Mayor Boyko expressed his concern over the jail backing up and how it may take the city up to 24 hours fix a sewer issue.  Boyko stated the city is having a meeting with ICI in the next few weeks to have them put a screening system in at the motel because of rags and towels being flushed at the motel and plugging up the sewer line hard.  Boyko added he is requesting this of the county to protect the city and its residents.  Mayor Boyko added the city is in the process of having their attorney draw up an ordinance that states all commercial businesses are going to be required to do this.  Commissioner Gunsch stated the City of Beulah found 2x4s in their sewer and that created a lot of damage.  Mayor Boyko stated that the county would not be required to put in the Muffin Monster Manhole, but could just upgrade to screens in the manholes.  Jim Albers, Maintenance Engineer, stated the county currently has a screen inside the building that traps anything other than paper products before it goes into the sewer.  Boyko stated the city does not care how the county screens, but just as long as they are screening before it gets into the city’s system.  Chairman Murray asked what would be the better option in the long run.  The board reviewed three options for pricing on the Muffin Monster Manhole.  Motion made by Commissioner Gunsch, second by Commissioner Entze to approve option #3 in the amount of $68,629 as an alternate bid and have Construction Manager, Pete Filippi, look at the screening system in the meantime.  On roll call vote; Gunsch, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Commissioner Gunsch asked Mayor Boyko where the city is at with the electrical upgrade.  Mayor Boyko stated the city engineer is working on it and he has visited with Roughrider Electric and it should be up to the courthouse by mid-June.  Boyko noted that the city was first on the list of projects to be done.  The board thanked Mayor Boyko for his time.

The board reviewed a video on how the Muffin Monster Manhole works.

Commissioner Gunsch questioned if ICI was going to be putting in a Muffin Monster Manhole if there would be a price break.  Albers stated he would check with Boyko.  No further action was taken.

There being no further business, on motion duly made and second, the meeting was adjourned at 10:32 AM CDT.  The next regular meeting of the commission will be May 6, 2015 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

 

 

Mercer County Commission
Minutes
May 6, 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, Auditor Brost, Treasurer Berger, Road Superintendent Ken Miller, Road Assistant Elroy Opp, and Rachel Grimm.

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

Motion made by Commissioner Gunsch, second by Commissioner Tveit to approve the minutes of the April 15th regular meeting.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Tveit to approve the payment of bills as follows:  Best Western Plus Hotel, $95.00; Bronson’s Marketplace, $45.56; Interstate Battery System, $83.90; Light and Siren, $217.81; Menards, $200.34; Bronson’s Marketplace, $6912.10; Southwest Business Machines Inc. $150.55; NDPERS, $12,865.31; Nationwide Retirement Solutions, $12,086.07; Annuity Program, $1278.51; Mercer County Treasurer, $4572.00; Mercer County Treasurer, $19,549.27; Cuna Mutual Life Insurance, $ 1106.33; Mercer County Treasurer, $3229.19; Mercer County Treasurer, $34,280.39; Mercer County Treasurer, $1988.15; AFLAC, $2183.03; Guardian Life Insurance, $226.39; Mercer County Treasurer, $7474.63; Payroll $222,998.17; United States Treasury, $200.00; NDPERS, 24,458.81; Nationwide Retirement Solutions, $1717.87; Montana CSED, $84.00; Mercer County Treasure Fica-Medicare, $3114.19; Mercer County Auditor BCBS, $62,953.94; Guardian Life Insurance, $57.16; Cuna Mutual Plan, $342.07; Collection Center Inc, $452.95; Annuity Program, $609.07; Beulah City Park District, $25,398.03; Beulah Fire Protection District, $2690.61; Beulah School District, $198,840.59; Center Stanton School District #1, $24,815.26; City of Beulah, $49,492.22; City of Golden Valley, $1672.36; City of Hazen, $44,432.28; City of Pick City, $3534.71; City of Stanton, $5241.66; City of Zap, $2860.82; Glen Ullin Rural Fire District, $115.49; Glen Ullin School District #48, $1745.68; Golden Valley Rural Fire District, $1772.02; Halliday Public School District, $81.20; Halliday Rural Fire Protection District, $1003.41; Hazen City Park District, $14,288.34; Hazen Rural Fire District, $7743.89; Hazen School District #3, $98,817.45; Hebron Public School District#13, $13,246.97; Hebron Fire Protection District, $1339.35; ND State Treasurer, $4861.01; Soil Conservation District, $6190.12; Southwest Water Authority, $7185.17; Stanton City Park District, $955.61; Stanton Rural Fire Protection, $4676.97; Underwood School District, $14,011.45; Zap City Park District, $1091.47; Zap Rural Fire Protection, $2917.06; Blue Cross Blue Shield of ND, $48,354.81; Braun Intertec Corporation, $4856.00; Contegrity Group Inc., $10,494.96; Custer Health District, $26,904.76; Thomas D. Kaspari, $200.00; Klein McCarthy Architects, $181,324.82; Mclean Mercer Library, $31,308.81; Mercer & Mclean Counties, $12,658.91; Mercer County Ambulance Service, $23,347.38; Mercer County Fair Association, $7520.15; Mercer County Historical Society,$2061.97; Mercer County Regional Airport, $22,465.18; Midcontinent Communications, $119.37; Montana Dakota Utilities, $75.43; Nationwide Retirement Solutions, $114.78; Verizon Wireless, $771.85; Water Resource District, $28,920.66; AED Everywhere, $444.10; Carol Aichele, $119.64; Beulah Lumber Co., $108.50; BHG, $6548.58; Jessica J. Binder, $153.12; Bluetarp Financial Inc., $39.99; Brock White Co. LLC, $1674.99; Bronson’s Marketplace, $413.55; Shana Brost, $58.00; Café Dumond, $74.20; Candlewood Suites Fargo @ NDSU, $224.10; City of Beulah, $65.48; Coal Country CHC, $153.00; Comfort Suites, $148.00; Custer Health District, $4837.25; D & E Supply Co Inc., $366.50; Cindy Entze, $119.64; Wayne Entze, $167.04; Filter Care of Grafton Inc.,  $105.93; Fireside Office Plus, $104.15; Galls/Quartermaster, $280.59; Weslie Gunsch, $333.89; Hazen Hardware Inc, $139.59; Hewlett-Packard Company, $2421.00; Hiway Express, $102.46; Kermit Schaefer Consulting, $9000.00; Krause Super Valu, $334.58; Mercer County Peace Officers Assn., $150.00; Postmaster, $48.00; RDO Equipment Company, $274.28; Carmen Reed, $762.06; Venture Marketing, $29.95; Verizon Wireless, $82.95; Wallwork Truck Center, $631.00; West River Telecommunications, $87.48; Beulah Job Development Authority, $606.34; The Bismarck Tribune, $291.20; Butler Machinery Co., $1972.16; Dakota Promotions, $146.20; Dell Marketing L.P., $477.60; Dent Master, $1574.69; Direct Med, $361.07; Downtown Gas and Auto, $60.00; Gary Emter, $25.00; Farmers Union Insurances, $115.00; Golden Valley Rural Fire District, $136.50; Graphics Lettering & Trim, $40.00; Great Plains Towers Inc., $257.00; Hav-It Industries, $336.25; Hazen Star, $60.50; Hewlett-Packard Company, $7033.04; Implementation Specialists, $843.75; Information Technology Department, $401.35; J & L Automotive LLC, $1234.94; Job Service of ND, $57.47; Wanda Knutson, $20.00; Krebs Auto Body LLC, $2125.91; Gontran Langowski, $35.00; Language Line Services, $90.00; Mercer County Shop, $78.00; Midcontinent Communications, $61.42; Kurt Milbradt, $89.18; ND Ass’n of Co. Superintendents, $50.00; NDACO Resources Group, $7101.16; ND Association of Counties, $3745.67; ND Association of Counties, $1431.70; ND County Treasurer’s Assoc., $250.00; ND State Radio Communications, $720.00; NDSU,$240.72; Neuberger Oil Company, $15,391.17; Northern Safety Co. Inc., $106.71; O.K. Tire Store-Bismarck, $422.84; Ronald Olson, $188.48; Perreault Construction Inc., $19,387.50; Pharmchem Inc., $1333.00; Pitney Bowes, $626.70; Pro Forms, $154.50; Public Agency Training Council, $950.00; Quality Appliance Repair, $375.57; Quill Office Products, $123.64; Redwood Toxicology Laboratory, $86.00; Reliance Telephone Systems Inc., $5400.00; Retterath Real Estate LLP, $675.00; Roughrider Electric Cooperative Inc., $1679.88; S & M Lawn Service, $260.00; Sailer Septic Service, $120.00; Sakakawea Medical Center, $829.84; Richard Scheid, $16.20; SEATOL, $350.00; Sirchie, $471.50; Sleep Inn & Suites-Minot, $229.90; Southwest Business Machines Inc., $87.43; Strata Corporation, $73.53; Verizon Wireless, $1208.38; Basin Electric Power Cooperative, $3501.00; Wright Express FSC, $2363.76; Aaron Matties, $200.00; Sharon Roy, $3675.00; Southwest Water Authority, $45.15; Staples Credit Plan, $464.20; Subway, $275.10; Leonard Tesky, $273.80; Uniform Center, $2201.11; Verizon Wireless, $45.94; Bruce and Melissa Vogele, $2495.00; NDAAO, $250.00.  All members voted “Aye”, motion carried.

Auditor Brost stated Tax Director Office Arrangements was listed on the agenda because Tax Director Gary Emter approached her about where they would put the incoming Tax Director come June.  Commissioner Gunsch stated the board could discuss the situation with Mr. Emter to see what would work for them in that office.  No further action was taken.

Auditor Brost discussed the issues of the W2’s.  Brost stated that at the last meeting they had discussed making it right with the employees, so she had been collecting the receipts from employees for their amended returns.  Brost noted she was waiting to get confirmation from the board they were going to pay for this and she would then send out a memo to each employee it affected.  Auditor Brost stated that in 2011 there were 61 contributing employees, in 2012 there were 72 contributing employees, in 2013 there were 73 contributing employees, and in 2014 there were 69 contributing employees.  Brost added the largest charge she had seen for an amended return was $100, therefore at best this could cost the county $27,500.00, along with the $1,675.00 paid to Eide Bailly for doing the returns for them.  In conversation with auditors last week, Auditor Brost stated the suggestion was made for years 2007 until 2010 to take the amount of employee contribution towards ND PERS and multiply it by 15% to come up with a cash payout amount.  The 15% was figured due to most people being in that particular tax bracket.  Brost stated the county would be looking at an additional $23,188.30 for the cash payouts.  Commissioner Gunsch stated he would like to see it rectified as soon as possible, and Commissioner Tveit agreed.  Tveit added he would also like to see it researched to its fullest.  Commissioner Scheurer stated he feels the county should pay for the amendments now.  Commissioner Gunsch agreed and added he would like to see years 2007 until 2010 tabled.  Motion made by Commissioner Tveit, second by Commissioner Scheurer to reimburse employees for their amended returns that are completed by December 31, 2015.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Murray, “Aye”, motion carried.

Auditor Brost asked the board how they would like her to proceed with years 2007 until 2010.  Commissioner Gunsch stated he feels the software company should be accountable for some of these costs.  Commissioner Scheurer stated he doesn’t understand how such a critical piece of the W2 form was overlooked.  Auditor Brost stated she will talk with State’s Attorney Binder to see if they can come up with a solution.  No further action was taken.

Auditor Brost presented the board with a representation letter from Rath and Meyer stating they have completed their audit on May 1, 2015 for years ending 2013 and 2014.  Motion made by Commissioner Gunsch, second by Commissioner Entze to acknowledge the representation letter from Rath and Meyer.  Upon roll call vote; Gunsch, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

Auditor Brost informed the board Ricky Scheid has resigned from the Planning & Zoning Board effective immediately and she would advertise that appointment with the rest that are up in June.  Commissioner Gunsch asked if Mercer County still needs a reorganization board.  Commissioner Entze stated there is no need for it at this time.  Motion made by Commissioner Gunsch, second by Commissioner Tveit to dissolve the Mercer County Reorganization Committee and create it again once the need arises.  Upon roll call vote; Gunsch, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Entze to approve Liquor Licenses #389 and 390 to Dakota Waters Resort for Semi-Annual On/Off Sale Beer and Liquor and Sunday Opening On/Off Sale Beer and Liquor.  Upon roll call vote; Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

Gary Emter, Tax Director/Land Use Administrator, presented the board with two zoning cases.  Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve zoning case #15-05-01 a Certificate of Approval of a Conditional Use issued to Dean Hartman for a non-farm residence that is a three acre parcel within the S ½ of Section 32 T147N R86W.  Approval is subject to the septic system meeting Custer Health District standards.  Present and future owners are responsible for snow removal and maintenance of private roads and approaches.  Set-back requirements must be followed and a school bus turnaround is to be provided 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 to approve zoning case #15-05-05 a statement of electrical service issued to Travis A. Sailer for electrical service for a camper hook-up on Lot 3 within the SW ¼ NW ¼ SW ¼ of Section 26 T147N R85W.  Commissioner Tveit asked if Mr. Sailer owns the piece of land for the service and Emter responded that he does.  Upon roll call vote; Gunsch, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

Commissioner Tveit discussed with the board a phone call he received last night about a derogatory note located in the Treasurer’s Department.  Tveit stated they as commissioners need to find harmony within the courthouse and they need to have their employees reacting in a professional manner and working together for the better of the county.  Commissioner Tveit added that the phone call he received was from an employee who is not housed within the courthouse, and if they can see this sign so can the general public.  Commissioner Scheurer asked how they would go about getting the harmony back.  Commissioner Tveit stated as a commission maybe they need to bring in individual employees for a one-on-one discussion or reach out to a professional to come in.  Commissioner Gunsch stated he had a meeting with all departments and there are issues that are not going away.  Gunsch stated something like this should have zero tolerance.  Chairman Murray stated the county has people that are supposed to be professional and posting this sign was completely unprofessional and creates room for dismissal.  Treasurer Berger asked the board what they were talking about.  Commissioner Tveit stated it is a sign that is placed in her inbox.  Berger stated they were jokes and she thought they were funny.  Commissioner Tveit stated as a supervisor, Berger should have removed it.  Berger replied the sign hanging next door is offensive to her because she is not crazy.  Commissioner Tveit stated he has not heard about a sign next door and hasn’t received any complaints on it.  Berger stated this was her complaint, and asked there be a sense of humor about the sign in her office.  Chairman Murray stated he does not find it humorous.  No further action was taken.

Emter stated Temporary Use Permit #434 issued to Dennis Hoff has expired after its 18 month term after which the manufactured home was to be removed.  Emter added that Hoff is working on it, but is looking for an extension from the board.  Commissioner Gunsch stated he would like to speak with Hoff to see what his future plans entail.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to table the extension until Hoff comes in to the next meeting to visit with the board.  Upon roll call vote; Gunsch, “Aye”, Scheurer “Aye”, Gunsch, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

The board recessed at 9:50 AM.

The board reconvened at 10:00 AM.

Denise Brown, North Dakota Local Technical Assistance Program Coordinator, thanked the board for having her.  Brown stated she works with Road Superintendent Miller quite a bit because Miller believes safety and training is important for his employees.  Brown stated NDLTAP is a university based program under the Upper Great Plains Transportation Institute and they have 58 centers throughout the United States, and receive their funding from Federal Highway, NDDOT, and ND Insurance Reserve Fund.  Brown stated she would like to go over with the board what NDLTAP is, their goals, and the Motor Grader training that is to be held in June.  Brown stated NDLTAP’s goal is to educate and provide outreach.  Brown stated Cory Uhrich is a Motor Grader Operator Training Specialist who has been working with heavy equipment since 1994, including 10 years of experience managing maintenance, operations, and operator training for heavy construction crews.  Brown stated the training fee is $150.00 per person and includes two days of valuable training, lunch and snacks provided by RDO and Butler, training materials, and invaluable networking.  The counties included in the training in June are Mercer, McLean, Sheridan, and Wells; along with the City of Beulah.  Commissioner Gunsch asked if it would provide training on blading in dry conditions, like Mercer County has to do.  Brown stated that Uhrich will tell counties to stay off the road when it is too dry because it creates washboards and causes the county to throw money away.  Chairman Murray thanked Brown for coming in and sharing the information with them.

The board discussed road issues.  Steve Mamer, Interstate Engineering, stated the bids checked out and Martin Construction was the lowest bidder.  Mamer noted he had spoken with Ray Sheldon, Basin Transload, and they have not secured funding for the County 17 structure since the project has increased from $400,000 to over $1 million.  Miller stated Sheldon is in the process of asking for additional monies because HB 1358 does not allow for bridges.  Commissioner Entze asked when the monies would be finalized because the bridge is the key component for this project.  Mamer stated Sheldon is pulling all the strings he can and noted the sufficiency rating is good on the bridge although the functionality is questionable.  Motion made by Commissioner Gunsch, second by Commissioner Tveit to award the County 17 Road Grading, Aggregate Surfacing, and Drainage Improvements to Martin Construction in the amount of $2,656,150.00.  Commissioner Scheurer asked if all the easements were signed for this project and Mamer responded they were.  Scheurer questioned what would happen if Sheldon could not secure the extra funding and Mamer stated the bridge would have to be change ordered out and just construct the road.  Upon roll call vote; Gunsch, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, motion carried.

In reviewing the culvert bids, Miller feels that going with both TrueNorth Steel and Contech Engineering Solutions would be most beneficial to the county.  Motion made by Commissioner Entze, second by Commissioner Tveit to award the culvert bid to both TrueNorth Steel and Contech Engineering Solutions. Upon roll call vote; Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Gunsch, “Aye”, Murray, “Aye”, motion carried.

The board reviewed the Outstanding Road Accounts.  No further action was taken.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve Utility Occupancy Application and Permits #1551-1553 and #1558-1561 to West River Telecommunications for the installation of fiber optic cables.  Upon roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Gunsch to approve Utility Occupancy Application and Permit #1554 to Mathew Schwarz for directional boring for secondary power to irrigation pivots.  Upon roll call vote; Entze, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve Utility Occupancy Application and Permits #1555-1557 to Bartlett and West for directional drilling for the Southwest Water line.  Upon roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, Murray, “Aye”, motion carried.

The board discussed the eight (8) acres of county owned property north of Stanton.  Mamer stated there is no doubt Mr. Roer’s driveway is on the section line, therefore, there is no need for an easement to cross the eight (8) acres.  Commissioner Tveit stated if that was the case, the county can sell the land minus the county’s right-of-way.  Motion made by Commissioner Gunsch, second by Commissioner Tveit to sell the eight (8) acres of county owned property on auction less the county right-of-way on June 17th, 2015.  Upon roll call vote; Gunsch, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, motion carried.

Jim Melchior, President of Coyote Creek Mining Company, discussed with the board the resolution as a result of the public hearing allowing coal mining operations within 100 feet of the outside right-of-way and across the right-of-way of the north and south right-of-ways of the east-west portion of County Road 12 between the SE ¼ SW ¼ of Section 18 and the NE ¼ NW ¼ of Section 19 T143N R88W.  Commissioner Entze stated he mentioned the cable at the public hearing because of location, traffic, and the snow needs to blow someplace.  Entze added if the county needs to put in solid guardrails, do not call him when the road is blocked.  Mamer stated there are several options for guardrails they can look at and they can discuss it later on.  Melchior went over the Road Agreement with the board.  Commissioner Gunsch asked when the haul road would be complete.  Melchior stated June 8th is when the contractors will begin on the haul road project.  Melchior added there initial contract is through year 2040, and the two 43 foot diameter corrugated steel plates would be removed during the reclamation process.  Motion made by Commissioner Tveit, second by Commissioner Gunsch to adopt the following resolution:

“WHEREAS, pursuant to the provisions of Chapter 38-14.1-07 of the North Dakota Century Code and Chapter 69-05.2-04 of the North Dakota Administrative Code, Coyote Creek Mining Company. L.L.C. (“Coyote Creek”) petitioned the Board of County Commissioners of Mercer County, North Dakota (“Commission”) for permission and approval to conduct surface coal mining operations within 100 feet of the outside right-of-way and across the right-of-way of the following public road with a mine haulage road:

 

a.         The north and south right-of-ways of the east-west portion of County Road 12 between the SE¼SW¼ of Section 18 and the NE¼NW¼ of Section 19, Township 143 North, Range 88 West.

 

            WHEREAS, a public hearing was held upon the Petition of Coyote Creek before the Commission on the 15th day of April, 2015, at 11:00 a.m., CDT, 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-ways 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 determine and order as follows:

 

  1. That Coyote Creek may conduct surface coal mining operations, except actual coal removal, within 100 feet of the outside of the north and south right-of-ways of the east-west portion of County Road 12 between the SE¼SW¼ of Section 18 and the NE¼NW¼ of Section 19, Township 143 North, Range 88 West.

 

  1. That Coyote Creek may cross the north and south right-of-ways of the east-west portion of County Road 12 between the SE¼SW¼ of Section 18 and the NE¼NW¼ of Section 19, Township 143 North, Range 88 West with a mine haulage road and related facilities subject to the attached Road Agreement, by and between Mercer County and Coyote Creek, dated as of the 6th day of May, 2015.

 

  1. 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 6th day of May, 2015.

MERCER COUNTY COMMISSION

/s/Gary Murray, Chairman

/s/Duane Scheurer

/s/Wayne Entze

/s/Bill Tveit

/s/Wes Gunsch

ATTEST:

Shana L. Brost, Auditor”

Motion made by Commissioner Gunsch, second by Commissioner Tveit to approve the County 12 Road Agreement.  Upon roll call vote; Gunsch, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, motion carried.

Mamer stated he met with the contractor on County 25 and they plan to plow open the soft spots, salvage the gravel, and fill back in.  Mamer reported he still has a landowner who has not signed the easement and they may have to look at design changes to shift the road.  Melchior stated it would be really difficult to shift the road to the north 42 feet and if they do it would encroach into their parking lot.  Commissioner Gunsch asked if price was an issue.  Mamer stated it was not and the landowner is unhappy with issues that the county has no control over.  Mamer added they are at the point in the project where they will need to stop or do something.  Melchior stated they are not fully aware of all the issues and have tried to solve what they know of.  Mamer asked if Melchior would be willing to sit down with him and the landowner and Melchior stated anytime.

Mamer also reported the contractor completed the work yesterday on the sloughs along County 27 north of Harmony Lake and they are draining.  Mamer stated he would look at the condition of the road and see if any additional rip rap is needed.

Miller reported to the board he will be attending the snow plow auction on May 19th.  He also reported that they are slowly getting a handle on the soft spots and in the meantime a one-mile stretch of County 14 is closed.  Miller stated frost laws were lifted yesterday except for County 13, and parts of County 14 and 16.  Miller reported they have hired one new Operator II and Truck Driver at the County Shop.  Lastly, Miller stated he had spoken with Randy Byrum about moving his approach back to come in compliance with his permit.  Miller stated hopefully it would be taken care of within a week.

Commissioner Gunsch stated he has heard complaints about roads, soft spots, and fingers are getting pointed; however, Gunsch wanted to point out times have changed and equipment is much bigger and infrastructure has not kept up with the progress.

Commissioner Scheurer reported the Mercer County Regional Landfill had an inspection on April 20, 2015 and no deficiencies were noted and also they have sold their old truck on sealed bids.

Commissioner Entze reported the Weed Board has interviewed and offered the position of the Weed Officer to someone, but wasn’t sure if they have accepted it.

Commissioner Tveit reported he has been turning all road complaints over to Miller and Opp, letting the constituents know they would have to be patient.  Tveit stated this is going well.  Commissioner Tveit also stated he had spoken with Dennis Rohlfs, Sakakawea Estates, and Rolhfs did not seem happy with the engineer’s estimate he was presented.

Commissioner Gunsch reported there will be an Economical Development meeting this afternoon at 4 PM to find out the recommendations of what Mercer County needs.

There being no further business, on motion duly made and second, the meeting was adjourned at 11:15 AM CST.  The next regular meeting of the commission will be May 20, 2015 at 9:00 AM CT in the courtroom of the Courthouse, Stanton, North Dakota.

 

Approved:  Gary Murray, Chairman

Attest:  Shana L. Brost, Auditor

 

Mercer County Commission
Special Meeting Minutes
May 13, 2015

 

The special meeting was called to order at 2:30 PM CT by Chairman Murray, also present was Commissioner Scheurer, Commissioner Tveit, Commissioner Entze, Commissioner Gunsch, State’s Attorney Binder, and Auditor Brost.

Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve the agenda.  All members voted “Aye”.

Motion made by Commissioner Gunsch, second by Commissioner Entze to approve the County 15 Construction Agreement.  On roll call vote; Gunsch, “Aye”, Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

Steve Mamer, Interstate Engineering, reported County 25 was complete up to the section corner that ties into the Casey Voigt and Coyote Creek properties.  Mamer stated Mr. Voigt will not sign the easement and is holding up the contractor.  Mamer added the county will be liable to pay for the damages and the contractor will move to another job because there is no time to redesign the project.  Mamer stated the county needs the right-of-way easement and the only other option would be eminent domain, which gives the county the right to purchase the land and deposit the monies with the Clerk of Courts.  After the 30 day appeal process, the county would take possession of the land.  The appeal process is for a dispute between the payment amount and the landowner’s wishes.  Commissioner Tveit asked Voigt if the price was holding him up on signing the easement.  Voigt responded that Coyote Creek is the problem and this wouldn’t be the first time they have condemned someone’s land.  Voigt listed a few issues he has had with Coyote Creek, such as:  the access road from the west was damaged and not fixed, his cattle guard was damaged and only partially repaired, the culvert crossing was dug out, his cattle were fenced away from shelter and water, and the plans of Coyote Creek to build a dyke and flood out his homestead.  Commissioner Tveit asked Mamer if a meeting was attempted to be set up with both parties and Voigt refused.  Mamer stated it was a mutual refusal.  Voigt stated if the county thinks there needs to be a meeting, he is willing to attend an agricultural mediation session if Coyote Creek could hire an honest employee.  Mamer stated he is not against the meeting, but the job of the County Commissioners is to make roads safe for the general public and are now backed into a corner without being able to finish the road.  Voigt stated with condemnation the county would have to prove need and necessity.  Mamer stated they need to make that road safe to travel and the necessity is Voigt is not using that property right now due to his mining lease that allowed Coyote Creek to build a parking lot.  Mamer added the county is not disturbing anything that hasn’t already been disturbed.  Chairman Murray asked what the wishes of the board were.  Mamer stated he is out of ideas and the issues Voigt has with Coyote Creek has nothing to do with the road they are trying to build.  Mamer added when the safety of the public is involved that is what eminent domain is for.  Voigt’s issues are not the county’s issues and Mamer didn’t feel there is any amount of mediation the county can go through that would settle the issues between Voigt and Coyote Creek.  Commissioner Gunsch stated as a county commission they are responsible for the health and safety of county residents; therefore, suggesting both parties attend mediation so they can start working together because it should never come to this.  Motion made by Commissioner Tveit, second by Commissioner Entze to table the County 25 discussion until after the bid letting to make any final decisions.  On roll call vote; Tveit, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

The board recessed at 2:55 PM.

The board reconvened at 3:00 PM.

Motion made by Commissioner Entze, second by Commissioner Scheurer to close the bids for the Courthouse and Jail Expansion.  On roll call vote; Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Gunsch, “Aye”, Murray, “Aye”, motion carried.

The following bids were received:

Category 1—Earthwork/Utilities

            Unlimited Excavation             $483,687.00

                        Alternate 11                $68,187.00

Category 2—Exterior Improvements

            No Bids

Category 3—Concrete

            No Bids

 

Category 4—Precast Concrete

            C&M Erectors, Inc.                $38,419.00

Category 5—Masonry

            Steyle Masonry, Inc.               $613,500.00

                        Alternate 2                  $26,500.00

            Rice Lake Construction          $948,750.00

                        Alternate 2                  $58,000.00

Category 6—Steel Supply Material Only

            Wolf Steel Construction, Inc. $128,298.00

                        Alternate 2                  $17,949.00

            Ben’s Structural Fabrication   $128,397.00

                        Alternate 2                  $8,906.00

            Central Minnesota Fabricating$147,100.00

                        Alternate 2                  $4,825.00

                        Alternate 3                  $725.00

            Mid America Steel                  $202,750.00

                        Alternate 2                  $9,920.00

                        Alternate 3                  $1,000.00

Category 7—Structural Steel Erection

            C&M Erectors, Inc.                $32,812.00

            Roden Iron                              $85,000.00

                        Alternate 2                  $3,600.00

Category 8—Carpentry

            No Bids

Category 9—Casework

            TMI Storage Systems Corp.   $259,635.00

                        Alternate 3                  $61,913.00

Category 10—Roofing

            Herzog Roofing, Inc.              $489,635.00

            Twin City Roofing, LLC        $517,950.00

            MJ Dalzin of ND, Inc.                        $564,067.00

Category 11—Joint Sealants

            No Bids

Category 12—Standard Doors/Frames/Hardware—Material Only

            Central Door & Hardware      $165,554.00

                        Alternate 9                  $9,658.00

Category 13—Aluminum Windows & Glazing

            Northland Glass & Glazing    $249,630.00

Category 14—Gypsum Board

            R&H Drywall, Inc.                 $489,600.00

                        Alternate 2                  $3,900.00

Category 15—Tile

            No Bids

Category 16—Acoustical Treatments

            No Bids

Category 17—Window Treatments

            No Bids

Category 18—Flooring

            MCI, Inc.                                $88,637.00

Category 19—Painting

            Steinbrecher Painting, Inc.      $195,000.00

                        Alternate 4                  $23,500.00

                        Alternate 5                  $20,000.00

Category 20—Food Service

            Hockenbergs Food Service     $109,911.00

                        Alternate 6                  $29,036.00

            Plexus Co DBA Culinex         $0.00

                        Alternate 6                  $165,821.62

            Strategic Equipment, Inc.       $174,500.00

                        Alternate 6                  $174,500.00

Category 21—Laundry Equipment

            No Bids

Category 22—Courtroom Pews

            Sauder Manufacturing                        $14,477.00

Category 23—Detention Equipment

            Sweeper Metal Fabricators     $159,508.00

            Cornerstone Detention Products$198,600.00

            Noah Detention Construction $199,900.00

            Stronghold Industries, Inc.     $211,900.00

            CCC Group, Inc.                    $239,000.00

Category 24—Fire Protection

            Nova Fire Protection               $120,400.00

Category 25—Mechanical/Plumbing

            No Individual Bids—See Combined

Category 26—HVAC

            No Individual Bids—See Combined

Category 27—Controls

            Energy Tech Systems, Inc.     $124,900.00

                        Alternate 11                $600.00

Category 28—Testing/Adjusting & Balancing

            Design Control, Inc.               $17,715.00

Category 29—Electrical

            Skeels Electric                         $1,864,800.00

                        Alternate 8                  $111,646.00

                        Alternate 9                  $43,812.00

            Edling Electric                        $1,920,000.00

                        Alternate 3                  $-450.00

                        Alternate 8                  $116,700.00

                        Alternate 9                  $38,800.00

                        Alternate 10                $1,700.00

Category—Combined Bids

            City Air Mechanical—Combined 25,26                                 $1,474,700.00

                        Alternate 6                  $22,000.00

                        Alternate 7                  $650.00

                        Alternate 10                $22,500.00

            Cofell’s Plumbing & Heating—Combined 25,26,27,28         $1,510,000.00

                        Alternate 6                  $5,000.00

                        Alternate 7                  $1,000.00      

                        Alternate 9                  $1,000.00

                        Alternate 10                $30,000.00

            HA Thompson & Sons—Combined 25,26,27                        $1,519,300.00

                        Alternate 6                  $17,900.00

                        Alternate 7                  $3,300.00

                        Alternate 10                $13,100.00

                        Alternate 11                $660.00

            City Air Mechanical—Combined 25,26,27,28                       $1,607,340.00

                        Alternate 6                  $22,000.00

                        Alternate 7                  $650.00

                        Alternate 10                $22,500.00

            Central Mechanical, Inc.—Combined 25,26,27                     $1,680,000.00

                        Alternate 10                $100,100.00

                        Alternate 11                $700.00

            Peterson Sheet Metal, Inc.—Combined 25,26                       $1,870,000.00

                        Alternate 6                  $4,000.00

                        Alternate 10                $13,000.00

Pete Filippi, Contegrity Group, will tally the bids and bring back to the next board meeting on May 20th.  No further action was taken.

Mamer stated in discussions with Voigt and Coyote Creek during the bid letting, Voigt mentioned there was a concrete crossing that was damaged.  Mamer added the county needs to fix that structure and Coyote Creek has agreed to assist with paying for it.  With this stipulation, Voigt has agreed to sign the easement.  Motion made by Commissioner Gunsch, second by Commissioner Tveit to commit the county to improving the low water crossing on 17th Street SW in exchange for the easement for County 25 and the easement for the low water crossing that will be cost shared with Coyote Creek.  On roll call vote; Gunsch, “Aye”, Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, motion carried.

There being no further business, on motion duly made and second, the meeting was adjourned at 4:05 PM CDT.  The next regular meeting of the commission will be May 20, 2015 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