Most recently approved County Commission Minutes


Mercer County Commission


April 4, 2018


The meeting was called to order at 9:00 a.m. by Chairman Duane Scheurer with the meeting being videotaped. Present were Commissioners Wes Gunsch, Gary Murray, Wayne Entze, Dwight Berger, and Auditor Shana Brost. Others present during portions of the meeting were: Ashely Miller, Pam Pehl, Colette Schilling, Eric Urness, Lyndon Anderson, Steve Guenthner, Tyler Barth, John Wang, Jody Mann, Mathew Clarys, Ken Miller, Elroy Opp, and Daniel Arens of BHG News.

Entze moved to approve the agenda with the additions of office cleaning and glycol spill. Berger seconded. All voted aye. Motion carried.

Berger moved to approve the minutes from the March 21st meeting, asking to add the discrepancy with the Farmers Union Oil—Beulah bid for oil and grease. The bid was rejected. Gunsch seconded. All voted aye. Motion carried.

Gunsch moved to approve the bills, excluding the Treasurer’s bills. Murray seconded. The following vouchers were approved for payment: Beulah City Park, $5203.91; Beulah Fire Protection, $223.04; Beulah School District, $94406.30; Center Stanton School Dist., $10295.92; City of Beulah, $53717.21; City of Golden Valley, $2168.35; City of Hazen, $42023.38; City of Pick City, $1549.76; City of Stanton, $3735.13; City of Zap, $2310.41; Fort Clark Irrigation District, $2113.50; Glen Ullin Rural Fire District, $13.20; Glen Ullin School District #48, $361.87; Golden Valley Rural Fire, $302.72; Halliday Rural Fire Protection District, $278.64; Hazen City Park, $2527.48; Hazen Rural Fire, $1339.16; Hazen School District 3, $62636.45; Hebron Public School District, $1448.02; Hebron Fire Protection District, $35.70; ND State Treasurer, $765.98; Soil Conservation District, $778.62; SW Water, $778.64; Stanton City Park, $300.07; Stanton Rural Fire Protection, $135.27; Twin Buttes Public School District, $59.91; Underwood School District, $8470.85; Zap City Park District, $11.65; Zap Rural Fire, $71.78; Custer Health District, $2545.24; Kaspari, Thomas, $200.00; Mclean Mercer Library, $20704.44; Mercer & McLean Counties, $698.25; Mercer County Ambulance, $3832.50; Mercer County Historical Society, $106.51; Mercer County Regional Airport, $1955.64; Water Resource District, $1695.47; Warrants 56643-56673- & Direct Deposits $235935.40; Mercer County Treasurer, $15914.01; Guardian Life Insurance, $281.46; Aflac, $1365.94; Assurity Life, $1861.88; Mercer County Treasurer, $29023.11; Mercer County Treasurer, $12415.03; Mercer County Treasurer, $21139.40; CMFG Life Insurance, $1307.69; Mercer County Treasurer, $4943.92; Mercer County Treasurer, $3003.98; Annuity Premium Reserve, $1161.22; Nationwide Retirement, $12441.80; NDPERS, $29348.15; Advanced Business Methods, $1477.71; Ameripride, $21.88; Craig Askim, $44.55; Benco, $3785.00; Bergstrom Electric, $1156.10; Beulah Job Development, $606.34; BHG, $2010.39; Jessica Binder, $378.13; Gwyn Bosch, $66.00; Braun Intertec, $162.50; Shana Brost, $66.00; Buffalo Concrete, $4810.90; C & M Erectors, $1883.75; Cardmember Services, $3894.58; CBM, $3322.90; City of Beulah, $74.31; City of Golden Valley, $50.00; Quality Inn, $251.10; Concrete Structures, $741.00; Corner Express, $64.61; Ronald Crowley, $132.50; D & E Supply, $1155.48; Dakota Caulking, $6314.70; Dakota Flooring, $39019.00; Downtown Gas, $225.00; Drywall Design, $1790.40; Edsons Construction, $279.20; Expressway Suites, $83.70; Fargo Glass, $875.00; Wex Bank, $3724.17; Fred Pryor Seminars, $199.00; Galls, $214.40; Hazen Hardware Hank, $134.78; Hobbs Inc., $522.18; J & M Hardware, $280.20; J-S Sanitation, $246.00; Jeepers Sweepers, $428.91; Dena Kemmet, $141.80; Klein Mccarthy, $16282.18; Wanda Knutson, $66.00; Krause Super Valu, $80.36; Krebs Auto, $1960.40; Gontran Langowski, $438.63; LL&H Woodworks, $17928.20; Mann Signs, $ 3647.80; Mariner Construction, $15241.50; Matthew Bender, $179.85; Mees Masonry, $10064.00; Menards, $113.94; Mercer County Shop, $2280.17; Kurt Milbradt, $269.90; Vickie Brodkorb, $294.55; MDU, $245.00; Morpho Trak, $4820.00; Napa, $422.77; NDACO Resources Group, $31.27; NDACO 911, $924.45; NDSU, $200.00; Neuberger Oil, $4381.15; NW Tire, $73.76; Olson Electric, $88.00; Oxentenko, $3964.96; RDO Equipment, $1150.66; Carmen Reed, $157.85; Rud Propane, $20332.84; Sauder Manufacturing, $737.95; Smotherman Drywall, $2409.14; SBM, $758.30; SW Water, $47.54; Straightway Construction, $3311.63; Stroup Insurance, $50.00; Ted Lipp Drywall, $3360.38; Tower Communications, $555.00; Kaelberer Construction, $11253.41; Twin City Hardware, $2174.29; Uniform Center, $2546.56; Venture Marketing, $29.95; Verizon Wireless, $89.36. All voted aye. Motion carried.

Entze moved to approve the Treasurer’s bills. Gunsch seconded. The following vouchers were approved for payment: ND County Treasurer Association, $250.00; Cardmember Services, $91.37. Entze, Murray, Gunsch, and Scheurer voted aye. Motion carried.

Murray moved to approve Liquor Licenses 422 & 423 issued to Dakota Waters Resort for Semi-Annual on/off sale beer and liquor and Sunday openings. Gunsch seconded. All voted aye. Motion carried.

The board reviewed the Nurse’s quarterly report. No further action was taken.

The board reviewed the landfill tonnage report. No further action was taken.

The board reviewed the Veteran Service Officer’s quarterly report. No further action was taken.

Berger stated there has been an office that has not been cleaned for 6-8 months and wondered what was going on. Gunsch stated there is an investigation going on in that office and until it is complete the cleaning staff was asked to stay out. Berger asked how long an investigation takes and if any charges have been filed. Gunsch stated he didn’t have those answers. Berger stated it is borderline insubordination and if the cleaning staff cannot clean that office, they need to find someone who can. Berger added the Sheriff has been approached numerous times and hasn’t done anything. No further action was taken.

Berger inquired about the glycol spill. Auditor Brost explained there was a glycol leak. The insurance company cut Mercer County a check and Mercer County in turn paid all the contractors who worked to clean it up. No further action was taken.

Lyndon Anderson, Great River Energy Communications Support, met with the board to discuss demolition on the Stanton Station and the Coal Conversation payments. Anderson stated back in mid July 2016, GRE announced the closing of the Stanton Station and announced they would like to continue to make the voluntary tax payment over a period of five (5) years. Anderson presented a check to the board in the amount of $88,143.00, stating the following years would be 80%, 60%, 40%, and 20% of this amount. Anderson stated GRE has GSD Trading out of Houston, TX doing full mobilization right now and are physically demolishing the fly ash storage. Anderson added close to May the full crew will be onsite and demolition will continue through 2018. Anderson stated restoration work will conclude in 2020. Currently GRE has two (2) employees onsite every day to manage the project. Berger asked Anderson what the plans were for the site once cleaned up. Anderson stated no plans once restored but they would have to monitor environmental for many years. Berger asked if it would remain an industrial site. Anderson stated he would have to get back to him with that answer. Gunsch stated he would like to know the final outcome of the property sometime in the future. Gunsch thanked Anderson for coming in and for the tax payment. Gunsch added it is heartbreaking to see the plant go. The board thanked Anderson for coming in.

The board gave their portfolio updates.

Colette Schilling, Tax Director/Land Use Administrator, presented one (1) zoning case to the board.

Steve and Pam Guenthner: Zoning case 16-03-02 and extension request on a conditional use permit for a non-farm residence on an 8.82 acre parcel located within the W ½ W ½ NW ¼ Section 27 T147N R85W. Owner was requesting a one (1) year extension on the conditional use permit to build his house, starting on day of approval from commissioners. Gunsch moved to approve #16-03-02 for an additional 12 months. Murray seconded. All voted aye. Motion carried.

The board recessed at 9:36 AM.

The board reconvened at 10:00 AM.

Ken Miller, Road Superintendent, and Eric Urness, Interstate Engineering, discussed County 12 and the acceptance of the road. Miller discussed the closure of County 12 east of Coyote Creek so Dakota Westmoreland (DWC) can start mining. Miller added Berger and Scheurer drove this section of road, and although some things need to be addressed they are minor. Gunsch stated he looked at it and his big concerns were taken care of. Berger stated whatever Miller and Opp think we need to do, they should do. Berger suggested taking photos of old County 12 so it can be put back together the way it is. Urness stated the project is substantially complete contingent the punch list is complete by June 1. Urness added the erosion issues would be on the punch list, safety concerns were completed, and the road should be opened. Scheurer noted he noticed the erosion issues but didn’t look at the riprap on the culvert ends. Urness stated DWC is aware but they have to wait until it dries out. Gunsch addressed his concerns about

soft spots. Urness stated the county has a one (1) year warranty and the soft spots would be covered. Gunsch moved to approve the opening of County 12. Entze seconded. All voted aye. Motion carried.

Murray moved to approve the General Engineering Contract with Interstate Engineering. Gunsch seconded. All voted aye. Motion carried.

Berger moved to extend box culvert inspections from two (2) years to four (4) years. Entze seconded. All voted aye. Motion carried.

Mathew Clarys met with the board to request permission to move his crane from Beulah Bay Road back to Hazen. Clarys stated he is aware of the road restrictions and asked the board if they could come up with ton mileage or penalty fees so he could move his crane. Clarys added he is willing to pay a penalty. Gunsch stated he is more concerned about the county’s roads and not the fees, also of setting a precedence. Miller stated the county could maybe look at ton miles in the future and piggy back off of the state. As for right now, Mercer County has had a zero tolerance policy except in case of an emergency. Gunsch asked Clarys if he would be willing to strip it down and move in early morning while it is still cold. Clarys stated he could get it down to 45,669 pounds. Berger asked the board if the state is not going to require Clays to strip it down, will the county. Urness recommended doing a pre-road inspection. Miller stated instances like these should be handled on a case-by-case basis and the county needs to protect their roads. Gunsch moved to allow Clarys to move the crane providing the state allows travel on HWY 1806 and HWY 200, with the same restrictions as the state. Murray seconded. All voted aye. Motion carried.

There being no further business the meeting was adjourned at 10:41 AM. The next regular meeting is scheduled for April 18, 2018, at 9:00 AM in the board room of the Mercer County Government Center, Stanton, North Dakota.


Approved: Duane Scheurer, Chairman

Attest: Shana L. Brost, Auditor