Most recently approved County Commission Minutes

 

 

Mercer County Commission
Minutes
May 4, 2016

 

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

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

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

Motion made by Commissioner Scheurer, second by Commissioner Entze to approve the bills as follows:  Advanced Business Methods, $265.73; Aecom, $21899.38; Americinn, $124.10; Ameripride, $17.20; BHG, $2637.51; Jessica Binder, $207.36; Bronson’s, $4006.33; Butler Machinery, $1264.36; Camp Grafton Housing, $105.00; Capital I, $8744.88; Cardmember Services, $2028.65; City of Beulah, $63.38; D & E Supply, $204.03; DSI, $379.00; Gary Emter, $25.00; FUO Beulah, $32.99; FUO Hazen, $43.92; Fastenal Company, $6.65; Filter Care, $16.14;  Fred Pryor Seminars, $777.00; Hazen Star, $33.00 ; Hiway Express, $47.50; J & M Hardware, $27.73; Kathy Johnson, $192.90; Free Karges, $252.00; Wanda Knutson, $560.02; Krause Super Valu, $54.98; Lexis-Nexis, $181.00; Matthew Bender $282.36; Medsupplier, $272.73; Menards, $10.75; MC Ambulance, $300.00; Mobile Binders, $1123.40; MDU, $101.97; Moody’s Investors Service, $11000.00; V. Morast, $5.00; Morton County Sheriff, $75.00; Nancy’s Designs, $40.50; Napa, $193.78; ND Attorney General, $1985.00; ND Recorder’s Assoc., $100.00; ND Sec. of State, $72.00; ND Surplus Property, $40.00; Neuberger Oil, $15192.57; Office Depot, $194.44; Elroy Opp, $421.74; Amanda Palmer, $8.99; Pam Pehl, $122.98; Perreault Construction, $1900.00; B. Peterson, $5.00; Pitney Bowes, $5000.00; Rath & Mehrer, $7000.00; Carmen Reed, $518.46; Retterath RE, $675.00; Sakakawea Medical Center, $100.00; Solem Law Office, $605.22; SBM, $347.46; Star Business Forms, $347.46; Southwest Thermal Tech., $1841.01 Stroup Ins., $100.00; Team Electronics, $1969.45; The Attic, $30.00; Trucks of Bis., $174.15; Uniform Center, $246.98; Venture Marketing, $29.95; Verizon, $1285.22; N. Villegas, $13.00; Cyndi Zueger, $29.27.  All members voted “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Entze to approve the March Sheriff’s Fees in the amount of $24,845.95.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Gunsch to approve the March Recorder’s Fees in the amount of $7,460.60.  All members voted “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Scheurer to approve the Funding Agreement for the Clerk of Courts.  All members voted “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Scheurer to appoint the list of inspectors, judges, and clerks for the 2016 Primary Election as presented by Auditor Brost.  All members voted “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Gunsch to approve Liquor Licenses 402 and 403 issued to Dakota Waters Resort.  On roll call vote; Scheurer, “Aye”, Gunsch, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

The board discussed AECOM’s release of information to the public.  Commissioner Gunsch stated he has no problem with it as long as the work site is secure and as long as SHPO and AECOM are okay it.  Chairman Tveit stated Melinda McCarthy, AECOM, stated it was her company’s policy not to release any information unless it is approved by the county.  Commissioner Scheurer stated he didn’t have a problem with it because the county has nothing to hide.  Commissioner Gunsch agreed and stated as long as it is controlled.

The board recessed at 9:16 AM.

The board reconvened at 9:20 AM.

Jim Theurer, Contegrity Group, stated AECOM found a couple of features in what was supposed to be the gravel pit.  The features are very shallow and contained animal bones.  Theurer stated SHPO is coming up today.  Theurer stated after SHPO reviews it today, they can get moving back in that area.  Theurer added the ground was extremely soft by the jail entrance, so they over dug four (4) feet, compacted it, put in a one (1) foot lift, have it tested, and will repeat.  The fill is coming from a Strata site near Wilton.  Theurer stated Straightway Construction will have a charge up due to the pipe found and wires that were not previously taken out and also West River Telephone found a secondary line.  Theurer noted the power will be down May 14th and the footings should be poured the third week in May for the judicial wing.  Theurer stated the public will not be allowed on site unless it is SHPO approved and the privacy of what is found is between SHPO and AECOM.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to allow public access of any information about the project through Jim Theurer subject to safety and security measures and the policies and procedures of SHPO and AECOM.  On roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

Colette Schilling, Land Use Administrator, presented five (5) zoning cases to the board.  Motion made by Commissioner Gunsch, second by Commissioner Entze to approve zoning case #16-04-01 issued to Marvin Jr and Lori Ballensky for a non-farm residence on a 10 acre tract in the SE ¼ SE ¼ SW ¼ Section 29 T145N 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 the owners must provide a school bus turnaround if needed.  On roll call vote; Gunsch, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Entze to approve zoning case #16-04-02 issued to Paul Martin and Melinda Kay Coy for a non-farm residence on a 7.03 acre tract described as the retracement of all of Lot L lying south of Hwy 200, located in the SE ¼ SE ¼ Section 12 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 the owners must provide a school bus turnaround if needed.  On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve zoning case #16-04-03 issued to Christopher Hoefner for a non-farm residence on a 3.09 acre parcel located in the W ½ NE ¼ within Section 16 T145N R87W.  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 the owners must provide a school bus turnaround if needed.  On roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve Temporary Use #474 issued to Badlands Aggregate for a gravel pit in the E ½ Section 28 T143N R89W.  The work is limited to daylight hours.  The area disturbed under this temporary use permit 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.  The permit holder shall control weeds in an acceptable manner during the time this permit is in effect.  On roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Gunsch to approve Temporary Use #475 issued to Badlands Aggregate for a gravel pit in the N ½ Section 13 T144N R89W.  The work is limited to daylight hours.  The area disturbed under this temporary use permit 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.  The permit holder shall control weeds in an acceptable manner during the time this permit is in effect.  On roll call vote; Entze, “Aye”, Gunsch, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, motion carried.

The board gave their portfolio updates.  Commissioner Scheurer stated the Ambulance board approved a Quick Response Unit with the Beulah Police Department to administer lifesaving aid until the ambulance gets to the scene.  Scheurer reported the equipment is all working well at the landfill and that Houston Engineering is working on the permitting process and capping of the cell.  Commissioner Scheurer stated he asked for an estimate from Houston Engineering but never received one.  Commissioner Gunsch reported there was a policy meeting on Monday to work on one issue and the water board meets next week.  Commissioner Entze stated there are two positions open at Dakota Central Social Services.  Chairman Tveit shared information of the new prices for Barbot Funeral Homes for county burials are effective immediately.  Chairman Tveit also shared the state’s budget cuts for DCSS in home healthcare is $30,000, and Mercer County’s share would be $12,000.

Next on the agenda was road issues with Ken Miller, Road Superintendent.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve the County 27 Agreement with Bechtold Paving, Inc.  On roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Scheurer, second by Commissioner Entze to approve Utility Occupancy Application and Permit #1648 to West River Telephone.  On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Scheurer to approve Utility Occupancy Application and Permit #1649 to Roughrider Electric.  On roll call vote; Entze, “Aye”, Scheurer, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.

Motion made by Commissioner Entze, second by Commissioner Scheurer to approve HB 1358 Funding Reimbursement Request for 90% of the total cost of County 26 overlay.  On roll call vote; Entze, “Aye”, Scheurer, “Aye”, Gunsch, “Aye”, Tveit, “Aye”, motion carried.  Steve Dorval, Heartland Engineering, stated the job should start on July 25th.

Miller discussed engineering contracts with the board.  Miller wondered if the county wanted to renew them yearly or on a biannual basis.  Chairman Tveit thought every two (2) years would be adequate and also request a two (2) budget at the time.  Miller referenced NDCC 54-44.7-02 and stated the NDDOT has a list of pre-qualified engineers on their website.  Miller stated the county needs to determine if they want to follow state guidelines or if they want to keep doing what they have done in the past.  State’s Attorney Binder stated NDCC 24-02 relates to the NDDOT and could be something the county looks into but she would need to look at the applicable NDCC for counties.  The topic was tabled until the next meeting.  No further action was taken.

Miller stated the county road crew is pulling shoulders north of Highway 1806, reported they have one mulcher down, and they purchased a new dump truck.  Miller stated he has been looking into a deicer for the back of the truck and could cost the county between $13,000 and 14,000.  Miller has yet to check into the price of the material.

Eric Urness, Interstate Engineering, stated County 37 overlay is to begin in September and County 25 paving was to begin today.

The board recessed at 10:22 AM.

The board reconvened at 10:30 AM.

The board discussed hiring Dakota Staffing Solutions to help fill the two (2) open custodial positions.  Commissioner Gunsch stated the county currently has no custodians and Maintenance Engineer, Jim Albers, has explored contracting services.  Commissioner Gunsch added Dakota Staffing Solutions will hire the staff, under Alber’s supervision, and after three (3) months the county could hire the person permanently.  Commissioner Gunsch noted it would be a good thing to try out and Dakota Staffing Solutions will pay all benefits.  Motion made by Commissioner Gunsch, second by Commissioner Scheurer to approve Dakota Staffing Solutions as a contractor for the full time and part time custodial positions.  On roll call vote; Gunsch, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, motion carried.

The board recessed at 10:42 AM.

The board reconvened at 11:00 AM.

Jacinta Klindworth, Coal County Community Health Center, and Bridgette Martens, Beulah Fit Club, discussed the new wellness center that will be built in Beulah.  Klindworth stated Mercer County as a whole is wonderful place to live with a lot of healthy people, but also a lot of unhealthy people.  The estimated cost of the project is projected to be $7 million, and the 1% tax increase in the City of Beulah will fund $5 million of the project; therefore, there is a need to raise an additional $2 million.  Klindworth added the facility will offer before and after school programs, a community room for health education classes, a golf simulator, and the second floor will have a walking track.  Martens stated it will be nice to have a gymnasium that is not allocated to the school district.  Martens added the current facility is not handicap accessible, and there will be a busing service from the Schoolhouse Apartments to the new facility.  Martens noted the sales tax increase is good until the building is paid for, and thus far they have collected $555,000.  Martens stated they will have the final drawings within the next few days and hope to bid the project in a couple a months, with construction starting this fall and being complete in the fall of 2017.  Martens added they have secured funding from the three (3) local banks.  Commissioner Gunsch stated the county uses taxpayer dollars for the county, and isn’t sure they should donate it to a city.  Klindworth stated they are a non-profit organization.  Auditor Brost stated she will keep the request in her file to revisit during budget season, as there is no monies available in the 2016 budget.  Chairman Tveit thanked Klindworth and Martens for coming in.  No further action was taken.

The board recessed at 11:24 AM.

The board reconvened at 11:30 AM.

Next on the agenda was the review of the Mercer County Policy Handbook.  The first and second readings will be on the next two (2) agendas to allow each employee time to review.  Auditor Brost stated she would electronically send the handbook to each department head to distribute to their employees.  No further action was taken.

The board recessed at 11:36 AM.

The board reconvened at 11:45 AM.

Jessica Unruh, Coteau Properties Company, presented the board with a petition for temporary closing of section line roads.  Coteau Properties is requesting the following section line roads be temporarily closed for the purpose of conducting surface coal mining and reclamation operations:  the section line between Section 9 and Section 16, Township 145 North, Range 88 West;  the section line between Section 10 and Section 15, Township 145 North, Range 88 West; the section line between Section 11 and Section 14, Township 145 North, Range 88 West; the section line between Section 14 and Section 15, Township 145 North, Range 88 West; the section line between Section 9 and Section 10, Township 145 North, Range 88 West along with the unnamed access road which runs along said section line; the section line between Section 15 and Section 16, Township 145 North, Range 88 West along with the unnamed access road which runs along said section line; the portion of unnamed access road in the NW ¼ of Section 10, Township 145 North, Range 88 West; the portion of unnamed access road in the S ½ of Section 16, Township 145 North, Range 88 West.  A hearing on the petition will be held by the Board of Mercer County Commissioners on June 1, 2016 at 10:00 AM CT.  No further action was taken.

There being no further business, on motion duly made and second, the meeting was adjourned at 11:54 AM CST. The next regular meeting of the commission will be May 18, 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