Most recently approved County Commission Minutes

 

 

Mercer County Commission
Minutes
August 3, 2016

 

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

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

Motion made by Commissioner Gunsch, second by Commissioner Murray to approve the minutes of the July 20th regular meeting.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Entze to approve the bills as follows; including the bill to The Radar Shop that was missed on the spreadsheet: Advanced Business Methods, $1190.17; Acme Tools, $649.00; Ameripride Services, $121.98; Beulah Job Dev.. $606.34; BHG, $2195.30; Bismarck Tribune, $263.94; Braun Interfec, $30911.75; Bronson’s, $6134.62; Michelle Brouwer, $50.00; Butler Machinery, $356.61; Café Dumond, $19.50; Cardmember Services, $66.99; Contegrity, $32213.52; Corner Express, $63.25; D & E Supply, $189.68; Dakota Central Social Services, $49090.51; Dakota Staffing, $3342.98; Cindy Entze, $11.86; Filter Care, $98.62; Fireside Office, $86.57; Donald Flaherty, $252.72; Galls, LLC, $73.75; Garrison Vet., $128.85; Hazen Hardware Hank, $33.97; Hazen Motor/Farm, $260.00; Heartland Engineering, $3258.32; Hiway Express, $73.21; Houston Engineering, $37642.50; Interstate Engineering, $26824.48; J & M Hardware, $34.37; J-S Sanitation, $264.00;  Job Service ND, $32747; Krause Super Valu, $122.15; Lake Sakakawea State Park, $240.81; Maas Electric, $152.68; Midwest Doors, $265.15; MDU, $54.64; Gary Murray, $162.86; Nancy’s Designs, $60.95; Napa, $170.22; NDACO, $63.00; NDAOG. $1000.00; ND Newspaper Association, $191.40; North Dakota One Call, $21.00; ND Post Board, $45.00; ND Secretary of State, $36.00; NDSWRA, $115.00; Neuberger Oil Company, $5068.00; OK Automotive WD, $88.27; Pharmchem, $1216.00; Rachel Poitras, $34.59; Retterath Real Estate, $675.00; Roto Rooter, $875.00; S & M Lawn Service, $290.00; Kirkwood Scheels, $28.71; SBM, $170.23; Straightway Construction, $233255.39; Stroup Insurance, $50.00; Sweeper Metal Fabricators Corp. $45720.00; Ternes Tree Service & Contracting, $500.00; The Radar Shop, $463.00; The Tradesman Construction, $155650.50; Trucks of Bismarck, $83.22; Venture Marketing, $29.95; Verizon Wireless, $1916.55; 3-D Specialties, $1179.81.  All members voted “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Entze to nominate Carmen Reed to the insurance committee.  All members voted “Aye”, motion carried.

The board reviewed the NDSU Extension Highlights.  No further action was taken.

Motion made by Commissioner Entze, second by Commissioner Scheurer to sign the Right-of-Way Certification, Utility Certification, Design Certification, and the Railroad Certification for County 5.  All members voted “Aye”, motion carried.

The board signed the Landfill contract for the capping of the cells.  Commissioner Scheurer stated the permit is done and ready for the next ten years.  The permit details future volume the county can expect and the life expectancy of certain cells.  Commissioner Scheurer stated this will be valuable information for the commissioners.  No further action was taken.

The board reviewed a letter from Tanya Wieler, Dakota Dynamics, in regards to the compensation plan/market study.  In the letter Wieler stated there was a lack of quality data and feels her best approach is to use the data she has for like-sized counties with similar office structure and apply a percentage multiplier to that data to account for Mercer County’s location and coal-driven economy.  Wieler feels 20% might be the most accurate multiplier.  Commissioner Gunsch stated the county hired Wieler because they trusted her expertise in this area so he feels they could trust her recommendation.  Motion made by Commissioner Gunsch, second by Commissioner Murray to have Wieler use a 20% multiplier on the wage study.  All members voted “Aye”, motion carried.

The board gave their portfolio updates.  Commissioner Gunsch stated he attended the Courthouse Expansion meetings and everyone is working well together and it has been an enjoyable learning experience attending the construction meetings.  Commissioner Entze stated he is enjoying the building committee and is seeing good progress.  Entze discussed a letter from Treasurer Berger stating she needs to go through the vouchers for the Courthouse Expansion/Remodel to keep track of payments.  Treasurer Berger stated since she can’t get a list of the bills she is going to go through the claim vouchers in the Auditor’s vault, but to do so she would need to hire additional help.  Auditor Brost stated her office had given Deputy Treasurer Grannis a list of all bills paid for the last two years out of that account several weeks ago and paying extra help would not be necessary.  Brost stated Berger could also get totals from that account on the Monthly Financial Statement.  Berger stated she needs to keep track of the bills because the Auditor is spending money out the General fund for the courthouse.  Auditor Brost stated all bills being paid for the Courthouse Expansion/Remodel are coming out of the Courthouse Expansion fund, not the General fund.  Berger stated if she needs to copy all the vouchers, she will need to pay additional help because she does not have time to do it herself.  Brost reiterated she had given a copy of the bills to Grannis.  Chairman Tveit cautioned against bringing in additional help when the information requested was already given to them.  No further action was taken.

Chairman Tveit stated he will be attending the Lewis & Clark Regional Development fall meeting and they will go out and review the projects that were built with the funding.  Tveit also discussed the county burials with the board.  No further action was taken.

Colette Schilling, Land Use Administrator, presented five (5) zoning cases to the board.  Motion made by Commissioner Murray, second by Commissioner Scheurer to approve zoning case #16-07-01 a Certificate of Approval of a Conditional Use issued to Neuly Hoff for a non-farm residence on a 14.50 acre parcel described as Tract D, located in the N ½ SW ¼ within Section 15 T144N R86W.  Present and future owners are responsible for snow removal and maintenance of private roads and approaches.  The septic system must meet Custer Health District Standards and owners must provide a school bus turnaround if needed.  On roll call vote; Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Zoning case #16-07-02 from Hafner Place LLC for the Final Plat of 1st Addition to Sandstone Point Subdivision was presented to the board was presented to the board without the final Mylar plat.  Motion made by Commissioner Scheurer, second by Commissioner Gunsch to table the zoning case #16-07-02 until the next meeting because it is a requirement in the zoning ordinances to have the final Mylar available at the time of approval.  On roll call vote; Scheurer, “Aye”, Gunsch, “Aye”, Entze, “Aye”, Murray, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Entze to approve zoning case #16-07-03 a Certificate of Approval of a Conditional Use issued to Glenn Pederson for a non-farm residence on a 2.00 acre parcel described as Tract C, located in the N ½ NW ¼ within Section 19 T144N R90W.  Present and future owners are responsible for snow removal and maintenance of private roads and approaches.  The septic system must meet Custer Health District Standards and owners must provide a school bus turnaround if needed.  On roll call vote; Gunsch, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Murray to approve zoning case #16-07-04 a Certificate of Approval of a Conditional Use issued to Kristopher Waller for a non-farm residence—shop building on a 7.76 acre parcel described as Tract X, located in the SW ¼ within Section 8 T144N R85W.  Present and future owners are responsible for snow removal and maintenance of private roads and approaches.  The septic system must meet Custer Health District Standards and owners must provide a school bus turnaround if needed.  On roll call vote; Entze, “Aye”, Murray, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, motion carried.

Schilling presented the board Temporary Use #480 for Strata Corporation to use an old pit area for stockpile of rock material in the SE ¼ SW ¼ Section 26 T144N R84W.  Commissioner Entze stated there is a resident real near and dust control should probably be added to the permit.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve the permit adding the condition of keeping reclamation up to date, dust control in the pit area, and have a contract with the County Road Superintendent.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to amend the motion to add reclaim and seed exposed areas when the permit is inactive. On roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Tveit, “Aye”, motion carried.

Schilling stated there are two (2) borrow pits on ND HWY 49 without permits between 19th and 20th streets.  Schilling feels there should be a temporary use on all borrow pits.  Commissioner Gunsch suggested Schilling be in contact with Martin Construction and take care of it.  No further action was taken.

Ken Miller, County Road Superintendent, discussed the County 26 overlay settlement with the board.  Miller stated the maintenance bond with Mayo Construction will not go beyond three (3) years.  Chairman Tveit suggested Steve Dorval, Heartland Engineering, be in contact with the NDDOT since the county used federal funding for the project.  Motion made by Commissioner Entze, second by Commissioner Scheurer to table the County 26 discussion until the  next meeting.  All members voted “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Murray to approve Utility Occupancy Application and Permit #1665 issued to Bartlett and West for the installation of a 2” PVC potable waterline.  All members voted “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Scheurer to approve Utility Occupancy Application and Permit #1666 issued to Bartlett and West for the installation of a 2” PVC potable waterline.  All members voted “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Entze to approve Utility Occupancy Application and Permit #1667 issued to Bartlett and West for the installation of a 2” PVC potable waterline.  All members voted “Aye”, motion carried.

Motion made by Commissioner Murray, second by Commissioner Scheurer to approve Utility Occupancy Application and Permit #1668 issued to West River Telecommunications to bore under county roads for the installation of new fiber optic lines.  All members voted “Aye”, motion carried.

Miller discussed purchasing a 15’ Flexwing Rotary Mower from Butler Machinery.  Miller stated the Diamond Wing purchased last year is compromised along gravel and the other two 10’ mowers they have are beat up and seven (7) years old.  Miller added they would not have to do double cuts with the 15’ mower.  Commissioner Scheurer asked if this was in Miller’s budget.  Miller stated it was and wouldn’t have asked otherwise.  Commissioner Entze asked if they would be selling the old ones and Miller stated he didn’t think they would get much for them.  Chairman Tveit stated it would be best to put them on bids so they wouldn’t have to maintain them.  Miller stated it would be nice to keep one for a spare.  Motion made by Commissioner Gunsch, second by Commissioner Murray to approve Miller to purchase the mower in the amount of $24,038.  On roll call vote; Gunsch, “Aye”, Murray, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, motion carried.

Miller stated he would like to purchase shop doors for bays three (3) and four (4) from Midwest Doors.  Motion made by Commissioner Murray, second by Commissioner Scheurer to approve Miller to purchase two (2) overhead shop doors in the amount of $8,915.  On roll call vote; Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

The board reviewed the County 5 Notice of Award and signed it.  No further action was taken.

Eric Urness, Interstate Engineering, stated Bechtold Paving would be starting on County 27 mid-August and County 37 should start in September.  Urness reported County 25 is pretty well completed and they are going through final quantities and installing signs. 

Miller discussed with the board providing partial payment to Meyer Aggregate for gravel crushing at the Pfliger pit.  Motion made by Commissioner Entze, second by Commissioner Gunsch to pay $75,000 to Meyer Aggregate for crushing and pay the remaining amount when all the numbers come in.  On roll call vote; Entze, “Aye”, Gunsch, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, motion carried.

The board recessed at 10:25 AM.

The board reconvened at 10:30 AM.

Next on the agenda was the public hearing petitioned by Will and Kayla Allmendinger to temporarily close an untraveled section line to allow building a non-farm residence and establishing a yard within 33 feet of a section line.  K. Allmendinger stated they would like to close one-quarter mile of section line between sections 29 & 32 T144N R89W.  Commissioner Gunsch stated he does not believe the section line would be used for a road because it is very remote and County 11 is an adjacent road.  Chairman Tveit agreed with Gunsch stating the section line is not travelable and has no issues with it as long as no building was built on the section line.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to temporarily close the said section line providing no building be set in the 66 foot right-of-way.  On roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Tveit, “Aye”, motion carried.

Jim Theurer, Contegrity Group, discussed change orders for the Courthouse Expansion/Remodel with the board.  Theurer stated PR#5 was for doors, cabinets, and additional hardware in the amount of $12,462.  Work site order #4 was for Straightways additional removals in the amount of $1,080.  An additional storm drain was added by the sally port for the amount of $3,973.  Eight feet of concrete was added for manhole #5 in the amount of $1,615.  Work site order #5 was for all the garbage pulled out while digging the footings and the additional engineer fill in the amount of $3,352.84.  Work site order #6 was for the additional time with the archeology work in the amount of $48,877.01.  Motion made by Commissioner Entze, second by Commissioner Gunsch to approve the change orders in the amount of $71,359.85.  On roll call vote; Entze, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Tveit, “Aye”, motion carried.

Theurer stated they will be digging the main waterline in and will need to shut off all water to the courthouse and law enforcement center on August 8.  The sewer will be switched over the week of August 15th.  Next week they will be digging in the generator pad and AECOM will be here to monitor.  Theurer discussed the importance of keeping the job site safe for them and the county.  Noting there have been people trespassing onto county property, such as campers, trailers, campaigning county commissioners, and UTVs.

Motion made by Commissioner Gunsch, second by Commissioner Murray to close the Mercer County Courthouse and Law Enforcement Center with pay on August 8.  All members voted “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Scheurer to purchase a gate valve for 6” fire suppression line.  All members voted “Aye”, motion carried.

 

There being no further business, on motion duly made and second, the meeting was adjourned at 11:30 AM CST. The next regular meeting of the commission will be August 17, 2016 at 9:00 AM CT in the courtroom of the Mercer County Courthouse, Stanton, North Dakota.

Approved: William L. Tveit, Chairman

Attest: Shana L. Brost, Auditor