Most recently approved County Commission Minutes

 

 

Mercer County Commission
Minutes
January 20, 2016

 

The meeting was called to order at 9:01 AM CT by Chairman Tveit, also present was Commissioner Scheurer, Commissioner Entze, Commissioner Murray, Commissioner Gunsch, State’s Attorney Binder and Auditor Brost.

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

Motion made by Commissioner Gunsch, seconded by Commissioner Murray approve the minutes of January 6th commission meeting and January 12th special meeting. All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Entze to approve the payment of bills as follows:  A To Z Repair, $100.00; Advanced Business Methods, $146.50; Al's Metal Work, $195.80;

American Welding, $100.95; Ameripride, $17.20; Askim, Craig, $176.90; Bauer Built Inc., $716.44; Beulah Drug, $52.15; BHG, $212.75; Bronson's Super Valu, $7027.60; Center Community Pool, $20.00; City Of Golden Valley, $22.00; City Of Hazen, $34500; City Of Stanton, $3815.52; Civicplus, $3795.00; Comfort Inn, $240.00; Contegrity Group, $31600.49; Corner Express, $82.49; Custer Health District, $6048.85; D & E Supply Co, $675.17; Dent Master, $387.67; Donald Mutzenberger, $35.00; Napa, $553.95; Entze, Wayne, $167.04; Farmers Union Oil Co, $807.56; Farmers Union Oil Co, $42.80; Fireside Office Plus, $99.48; Galls, $918.20; Gunsch, Wes, $155.44; Hazen Drug, $240.68; Hazen Hardware Hank & Rental, $426.95; Hiway Express, $34.52; Implementation Specialists, $5420.54; ITD, $894.85; Job Service Of North Dakota, $427.49; Kemmet, Dena, $184.60; Klein Mccarthy Architects, $16515.66; Krause Super Valu, $274.71; Krebs Auto Body, $7747.74; Lexis - Nexis, $181.00; Midco, $195.36; Milbradt, Kurt, $55.90; Murray, Gary, $102.20; Napa, $32.97; ND Secretary Of State, $36.00; Northwest Tire Auto, $498.57; Bismarck Tribune, $391.76; Wright Express, $1598.87; Ronald G Harnden, $178.00; Karges, Free, $1154.00; Language Line Services, $90.00; Napa, $183.73; NDACO Resources Group, $5886.66; NDACO, $45.00; NDACO, $1424.72; ND Attorney General, $2055; ND County Auditor's Association, $250.00; ND Post Board, $135.00; ND County Recorder's Association, $175.00; ND Secretary Of State, $36.00; ND State Radio Communications, $1230.00; ND Surplus Property Division, $60.00 ; NDCVSOA, $50.00; NDSU Extension Service, $100.00; NDSWRA, $90.00; Ok Automotive, $526.23; Pehl, Pam, $15.34; Pharmchem, $600.00; Pitney Bowes, $4705.46; Redwood Toxicology Laboratory, $90.50; Retterath Real Estate, $675.00; Roughrider Electric, $1508.83; Sakakawea Medical Center, $1776.55; Scheurer, Duane $277.36; Schlender, Melvin, $305.30; Scuba One Inc., $319.00; Seifert, Bradley , $431.14; SBM, $326.56; St Alexius Clinics, $38.00; St Alexius Medical Center, $482.63; Star Business Forms, $111.42; Starr, Hank, $30.00; Stroup Insurance Inc., $150.00; T & G Grocery & Grill, $139.54; Tower Communications Inc., $555.00; Trucks Of Bismarck., $310.40; Tveit, William, $120.64; Tyler Technologies, $2740.97; Uniform Center, $51.99; WRT, $2838.20; ND Secretary Of State, $36.00.  All members voted “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Murray to keep the present depositories; Union State Bank, Bank of North Dakota, The Union Bank, and Capital Credit Union—Hazen Branch.  On roll call vote; Gunsch, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Entze to approve the pledges of securities of the following institutions: Union State Bank, $6,334,058.64; The Union Bank, $600,000.00; and Capital Credit Union—Hazen Branch, $500,000.00.  On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Murray to amend the 2015 budget as follows:  General Fund in the amount of $1,267,401.95 for expenditures exceeding appropriations; Sheriff Game & Fish Grant in amount of $23,372.23 for expenditures exceeding appropriations; McLean Mercer Regional Library in the amount of $408.58 for revenue exceeding estimates; Mercer County Historical Society in the amount of $51.40 for revenue exceeding estimates; Social Security fund in the amount of $42,994.37 for expenditures exceeding appropriations; Mercer County Airport in the amount of $4,381.33 for revenue exceeding estimates.  On roll call vote; Gunsch, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

The board discussed County Government Month.  Auditor Brost stated Zap was the next city in the rotation.  After a brief discussion, the board decided to hold a luncheon at Zap on April 14th from 11 AM until 1 PM.  No further action was taken.

The board reviewed the monthly and yearly financial statements.  No further action was taken.

The board reviewed the monthly and yearly tonnage reports.  No further action was taken.

Motion made by Commissioner Scheurer, second by Commissioner Entze to adopt the Sheriff’s Policy and Procedure manual.  On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Next on the agenda was the sealed bids for the Mannhaven property taken by tax deed.  Chairman Tveit turned the meeting over to Vice-Chairman Scheurer to vacate his seat during the opening of the bids and discussion.  Auditor Brost opened three bids for the property.  The bids came in as follows:  Lauren Donovan, $1,500.00; Jeff Ellwein, $2,700.00; Bill Tveit, $750.00.  Motion made by Commissioner Gunsch, second by Commissioner Entze to accept the offer of $2,700.00 from Jeff Ellwein.  On roll call vote; Gunsch, “Aye”, Entze, “Aye”, Murray, “Aye”, Scheurer, “Aye”, motion carried.  Vice-Chairman Scheuer turned the meeting back over to Chairman Tveit.

Motion made by Commissioner Murray, second by Commissioner Scheurer to approve Liquor Licenses 396 and 397 to the Hazen Golf Course.  On roll call vote; Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Gunsch to accept the December Sheriff’s Fees in the amount of $10,679.06.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Murray to accept the December Recorder’s Fees in the amount of $8,480.15.  All members voted “Aye”, motion carried.

The board reviewed their portfolios.  Commissioner Entze stated the weed board met and Jayme Boeshans is willing to fill Ivan Keller’s place on the board.  Entze also added they had learned of other chemicals they could use for spurge.  Commissioner Scheurer stated the ambulance board would be meeting later this month, the landfill held an interview for the open position, and all equipment is running okay.  Scheurer also noted the annual fair board meeting.

Gary Emter, Tax Director/Land Use Administrator, discussed six (6) temporary use permits up for renewal.  Temporary Use Permit #465 issued to Badlands Aggregate for a scoria pit; 50 acres of the SE ¼ Section 28 and NE ¼ Section 33 T145N R87W with work limited to daylight hours.  Temporary Use Permit #466 issued to Badlands Aggregate for a gravel pit in the S ½ Section 36 T143N R88W with work limited to daylight hours.  Temporary Use Permit #467 issued to Badlands Aggregate for a gravel pit in the SE ¼ of Section 36 T147N R90W with work limited to daylight hours.  Temporary Use Permit #468 issued to Trotter Construction for a gravel pit; 69 acres in the NESE and 92.92 acres in the NE ¼ of Section 28 T144N R87W with work limited to daylight hours.  Temporary Use Permit #469 issued to Trotter Construction for a scoria pit in a fraction of the NW ¼ of Section 28 T146N R88W with work limited to daylight hours.  Temporary Use Permit #470 issued to Randy Byrum for a scoria pit in the NW ¼ of Section 33 T145N R87W with work limited to daylight hours.  All temporary use permits have three conditions attached.  The conditions are as follows: Area disturbed under these temporary use permits must be reclaimed by the applicant and must be approved and released by the County Road Superintendent; the haul road must be approved and released by the County Road Superintendent; and the permit holder shall control weeds in an acceptable manner during the time the permit is in effect.  Motion made by Commissioner Gunsch, second by Commissioner Murray to approve Temporary Use Permits #465 through #470.  On roll call vote; Gunsch, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

The board again discussed portfolios.  Commissioner Gunsch stated the policy committee meeting set for today was postponed.  Gunsch also shared information on the bi-monthly payroll and stated Auditor Brost has come up with a plan to do advanced payroll and recommended they try it for a year to see how it goes.  Commissioner Gunsch stated the policy committee is in the process of finalizing the updates on the policy manual.  Commissioner Gunsch reported on the last water board meeting stating the water board is willing to cost share 50/50 with the county on the purchasing the replacement acres for the US Fish and Wildlife.  Gunsch also added Coteau Properties did some engineering on the sloughs along County 27, and noted it may not be possible to drain to four feet due to a high spot.  Chairman Tveit reported on the road portfolio stating the truck that was ordered is in the process of getting the gravel box installed and should be ready for pick up in March.  Chairman Tveit also stated the road crew is dealing with icy roads and had to order an additional 300 ton of cinder to get through the winter.

The board recessed at 9:41 AM.

The board reconvened at 10:00 AM.

Next on the agenda was the Second Amendment to Agreement between Mercer County and Coyote Creek Mining Company for the paving of County 25.  Commissioner Gunsch stated he didn’t see anything in the contract about crack sealing.  Chris Friez, Coyote Creek Mining Company, stated the agreement was left vague to cover any scenario that may come up.  Commissioner Gunsch asked who would be responsible for the crack sealing.  Friez stated routine maintenance would fall under the county.  Commissioner Scheurer asked about emergency snow plowing, and wondered if the county couldn’t make it out there if Coyote Creek would open the road.  Friez stated if the county cannot get there, the mine would make sure the road was open.  Commissioner Gunsch motioned to table the approval of the Second Amendment to Agreement.  Commissioner Gunsch rescinded his motion to table.  Motion made by Commissioner Gunsch, second by Commissioner Murray to accept the Second Amendment to Agreement between Coyote Creek and Mercer County.  On roll call vote; Gunsch, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

The board reviewed the Outstanding Road accounts with Assistant Road Superintendent, Elroy Opp.  No further action was taken.

Commissioner Gunsch stated is there is a misunderstanding and people do not know what is required from the county for permitting and road restrictions.  Gunsch stated he would like to see an article in the paper.  Opp stated that was a good idea because not everyone understands when they need a permit. 

Mike Dorval, Heartland Engineering, discussed County 26 with the board.  Dorval stated the preliminary plans are 95% complete and needs a decision from the commission on the thickness of the overlay.  Dorval stated the original estimate of $2.8M, not including engineering fees, was for a 3” overlay.  Dorval stated Heartland Engineering estimates a 2” overlay at $1,410,968.69 or a 3” overlay at $2,002,039.94, both including engineering fees.  Commissioner Gunsch asked if it was possible to bid both just to see and Dorval stated they could.  Dorval added Heartland Engineering had taken a look at County 37, 11 mile overlay project, and with the lower costs it appears both roads could be done with the monies allocated in the budget for County 26 using HB1176, HB1358, and SB2103.  Dorval noted this was based on a cost per mile, and was solely an estimate.  Dorval added there will be major paving contractors in the area, and it would be advantageous for the county to do it in 2016.  Motion made by Commissioner Gunsch, second by Commissioner Murray to table the County 26 project until later in the meeting.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Murray to close the regular meeting and open the public hearing to temporarily close certain public roads that interfere with surface coal mining operations.  Sarah Flath, Coyote Creek, stated the roads petitioned to be temporarily closed are as follows:  The east-west section line road between the SW ¼ of Section 31 T143N R88W and NW ¼ of Section 6 T142N R88W; The north-south section line road between the SW ¼ Section 31 T143N R88W and the SE ¼ Section 36 T143N R89W; The east-west section line road between the SE ¼ Section 36 T143N R89W and the NE ¼ Section 1 T142N R89W; The north-south section line road between NW ¼ Section 6 T142N R88W and NE ¼ Section 1 T142N R89W; and the road passing through the SW ¼ Section 31 T143N R88W, and the S ½ Section 36 T143N R89W.  Commissioner Gunsch stated he feels strongly there needs to be some kind of cross-over road for the farmers and ranchers.  Gunsch asked if it would be possible to do a farm service road out there.  Flath stated it boils down to safety when figuring this out and the public crossing would have to be escorted.  Flath added there isn’t any extra land permitted for extra room to work with like the Coteau farmer access road.  Commissioner Gunsch stated he would really like to see an attempt and the county needs to protect the residents, farmers, and ranchers in that area because it is a long way to drive around.  Commissioner Entze stated it does add a huge amount of extra expense, and truckers are not cheap.  Entze added he would like to see a farmer access trail for the farmers/ranchers to check cows, because there are very few crossover trails in that area.  Casey Voigt stated he agrees with the commissioners and when he had to deal with Dakota Westmorland he had keys to get through the gates.  Voigt added Coyote Creek should provide extra training so the farmers/ranchers have access.  Gary Gierke stated he uses this road to seed because he cannot take his equipment down ND HWY 49.  Shawn Unruh stated he has seen the flooding over the years, and this access road is the Voigts only way out while it is flooding.  Unruh added this is a desolate area and emergency vehicles may need this road.  Jason Erickson stated he uses the road two to three times a week to check his cattle, and it would be a long way around with a lot of hills.  Erickson added it would be nice to have access.  Richard Scheid stated if the road is taken out, he would like to see it replaced.  Wes Klein asked if Coyote Creek was going to mine through the road.  Flath stated they were.  Klein noted if the Coyote Creek floods or there was an emergency on the Voigt ranch, emergency services would not have access from the west.  Commissioner Gunsch asked if Coyote Creek could split the mine plan.  Flath stated there is a pit split but it is a very high traffic area.  Motion made by Commissioner Gunsch, second by Commissioner Murray to table both petitions and give Coyote Creek a chance to take a look at this.  Commissioner Entze stated he has seen flood issues five times in one summer on the Voigt ranch and Voigts need to get out and emergency services need to get in.  Commissioner Entze added Coyote Creek needs to come up with a good written plan of how to accomplish this to pass on to the ambulance and fire districts.  On roll call vote; Gunsch, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Murray to close public hearing and open the regular meeting.  All members voted “Aye”, motion carried.

The board recessed at 11:05 AM.

The board reconvened at 11:13 AM.

Pete Filippi, Contegrity Group, stated there were 75 totals bids opened at the Courthouse Expansion/Remodel bid letting.  The board went through the alternates.  Commissioner Gunsch stated the county needs the vinyl wallcovering and the electrical generator.  Jim Albers, Maintenance Engineer, stated there were three bids in the electrical generator category and $116,100.00 will be as good of a deal as it gets.  Albers added the vinyl wallcovering keeps the walls neat and clean.  State’s Attorney Binder stated she felt the platform in the board room is a necessity for security issues, which was the reason for the entire project.  Binder added the platform creates a barrier and is not a luxury item but is for safety.  The board discussed the alternate of the arches at the main entrance and decided they were not a necessity.  Motion made by Commissioner Gunsch, second by Commissioner Murray to approve the courthouse bid excluding the arches at the main entrance and the water heaters.  On roll call vote; Gunsch, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

Filippi stated his gratitude to the board for waiting and rebidding the project, as it saved the taxpayers a lot of money.  Filippi reviewed the contractors that had the lowest bid for each category.

Carmen Reed, 911 Coordinator/Emergency Manager, presented the board with an Oil Impact Grant to cover the cost of the courthouse/LEC security system.  Reed stated the grant was requesting $472,500.00.  Motion made by Commissioner Scheurer, second by Commissioner Entze to approve the application for the Oil Impact Grant for 70% of the total costs of the courthouse/LEC security system.  On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Murray, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.  Reed stated she would be able to apply for the grant for the generator this spring.  The board thanked Reed for all her hard work.

The board again discussed County 26.  Commissioner Entze stated County 26 has proven itself because garbage trucks have been running on it for years.  Commissioner Scheurer stated the road has a good base underneath it and has five inches of asphalt on it already.  Scheurer added he feels a 2” overlay is sufficient.  Dorval stated a 2” overlay is a single lift and a 3” overlay is two lifts, which would require more mix, flagging, and traffic control.  Motion made by Commissioner Entze, second by Commissioner Scheurer to do a 2” overlay on County 26.  On roll call vote; Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Murray to give Heartland Engineering permission to advertise County 26 overlay and set the bid letting on February 17, 2016 at 10 AM CST.  On roll call vote; Entze, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

There being no further business, on motion duly made and second, the meeting was adjourned at 12:02 PM CST. The next regular meeting of the commission will be February 3, 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