Mercer County Commission
April 21, 2021
The meeting was called to order at 9:00 AM by Chairman Gene Wolf. Present were Commissioners Wayne Entze, Liza Taylor, Travis Frey, Marvin Schwehr, and Auditor Shana Brost. Others present during portions of the meeting were Carmen Reed, Ken Miller, Cyndi Zueger, Rachel Roorda, Shawn Morton, Ashley Miller, Ron Krivoruchka, Kasey Erickson, Steve Meier, Brenda Cook and Dan Arens of BHG News.
Schwehr moved to approve the agenda as amended. Frey seconded. All voted aye. Motion carried.
Entze moved to approve the April 7th minutes as amended. Frey seconded. All voted aye. Motion carried.
Frey moved to approve the bills. Taylor seconded. The following vouchers (#43827 & 43847-43907) were approved for payment: ADVANCED BUSINESS METHODS, $135.27; ACCURATE CONTROLS, INC., $3,505.04; ARMOR INTERACTIVE, $1,881.00; BHG, INC., $25.47; BI INC-BANK OF AMERICA LOCKBOX SRV., $312.70; BRONSON’S MARKETPLACE, $3,090.44; BUCHMANN, LUCKY, $350.00; BUTLER MACHINERY CO., $181.92; CHADWICK, DAVID, $240.00; CIOX HEALTH, $3.35; CITY OF STANTON, $30.00; COFELL’S PLUMBING & HEATING INC., $27.13; D & E SUPPLY CO. INC., $1,390.87; DAIRYLAND LABORATORIES, INC., $102.00; ELECTRONIC COMMUNICATIONS INC., $1,585.50; EMINETH PLUMBING, $92.00; ENTZE, WAYNE, $108.24; FARMERS UNION OIL CO., $36,984.00; FARMERS UNION OIL CO., $22.10; WEX BANK, $5,252.64; HAZEN DRUG, $54.25; INFORMATION TECHNOLOGY DEPARTMENT, $967.60; ISTATE TRUCK CENTER, $41.62; J.D. ROWE DVM, LLC., $250.00; J & M HARDWARE, INC., $39.56; KEVIN PRAUS TRUCKING, $600.00; KNIFE RIVER VETERINARY CINIC, $1,668.64; DONOVAN & KAFFAR PLLP, $3,769.62; LANGUAGE LINE SERVICES, $90.00; LIGNITE TIRE SERVICE, $94.45; M & A HEATING & AIR CONDITIONING, $3,301.35; MIDCONTINENT COMMUNICATIONS, $140.32; ND ASSOCIATION OF COUNTIES, $250.00; OFFICE OF ATTORNEY GENERAL, $1,665.00; ND DEPT. OF HUMAN SERVICES, $74.34; NORTH DAKOTA ONE CALL, $1.20; ND STATE RADIO COMMUNICATIONS, $1,260.00; NDSU EXTENSION SERVICE, $6,928.00; QUADIENT FINANCE USA, INC., $1,000.00; NEUBERGER OIL COMPANY, $3,173.34; NORTH DAKOTA STOCKMEN’S ASSOCIATION, $152.14; OK AUTOMOTIVE, $42.72; PHARMCHEM, INC., $513.90; RDO EQUIPMENT CO., $18.36; REDWOOD TOXICOLOGY LABORATORY INC., $64.80; THE RIVER RUN, $130.00; ROUGHRIDER ELECTRIC COOPERATIVE, INC., $2,104.76; SAILER SEPTIC SERVICE, $150.00; SEIFERT, BRADLEY, $290.00; SHERWIN-WILLIAMS, $155.39; SOUTHWEST BUSINESS MACHINES INC., $75.99; CHI ST. ALEXIUS HEALTH CARE COMPANY, $497.61; STAPLES CREDIT PLAN, $687.76; STOCKMAN’S LIVESTOCK, $630.00; THE HUB CONVENIENCE STORES, INC., $101.02; UNDERGROUND VAULTS & STORAGE INC., $9.00; UNIFORM CENTER, $179.97; VERIZON WIRELESS, $492.75; WDALA, $65.00; WEIGUM, BRENDA AND WEIGUM, TIFFANY, $1,708.14; WEST RIVER TELECOMMUNICATIONS, $440.00;VIVINT, INC., $59.99; JOB SERVICE, $57.67 (Total $89,315.93) All voted aye. Motion carried.
Schwehr moved to approve the March Recorder’s fees in the amount of $7427.60. Taylor seconded. All voted aye. Motion carried.
Taylor moved to approve the March Sheriff’s fees in the amount of $2499.38. Entze seconded. All voted aye. Motion carried.
Schwehr moved to table road taxes to cities until the May 5th meeting. Frey seconded. All voted aye. Motion carried.
The board recessed at 9:28 AM.
The board reconvened at 9:31 AM.
Cyndi Zueger, Tax Director/Land Use Administrator, presented two (2) zoning case to the board.
#21-04-01 was a conditional use permit issued to Matthew Roorda for a non-farm residence on a 10-acre parcel in the NE ¼ SE ¼ NE ¼ of Section 28 T145N R87W. Present and future owners are responsible for snow removal and maintenance of private roads and approaches. Septic system must meet Custer Health standards and provide school bus turnaround if needed. Approach approval from the Highway Superintendent. County makes no assurances as to the passability of the unimproved section line leading to the residence. Landowner will be responsible for future improvements of the section line, subject to prior approval of the county. Schwehr moved to approve zoning case #21-04-01. Taylor seconded. All voted aye. Motion carried.
#21-04-02 was a conditional use issued to Tillman Infrastructure, LLC for a 325’ guyed communications tower in the S ½ SW ¼ Section 17 T145N R88W. This permit is void until applicant provides the following to the Land Use Administrator: proof of FAA approval, final construction documents, and geotechnical soils reports for the foundation design based on normal soils. Applicant must contact the Mercer County Highway Superintendent to ensure compliance with Section 24-07-03.1 of the NDCC prior to any such maintenance or improvements, along with any required permits. Must meet State and Federal requirements. Area disturbed under this conditional use permit must be reclaimed by the applicant and must be approved and released by the County Road Superintendent.
Schwehr moved to approve zoning case #21-04-02. Frey seconded. All voted aye. Motion carried.
Schwehr moved to continue serving on the Mercer County Extension Advisory Council for two years. Taylor seconded. All voted aye. Motion carried.
Schwehr gave a treasurer’s report. Schwehr added without covid monies there would be a deficit of $108,788 at the end of March.
Schwehr informed the board of the budgeting class offered by NDACo on April 28th.
The board gave their portfolio updates.
Carmen Reed, 911 Coordinator/Emergency Manager, gave the board an update on the burn ban in place in Mercer County. No burning will be allowed until further notice.
Entze moved to close the bids for two (2) or more 2021 or newer motor graders. Taylor seconded. All voted aye. Motion carried.
Auditor Brost read the following bids aloud:
RDO—2021 John Deere 772 GP
Purchase price $334,797
Guaranteed Buyback $90,000
Butler 2022 Caterpillar 150 AWD
Purchase price $357,000
Guaranteed Buyback $90,000
Miller stated he would like to give motor grader #103 back after the lease is up and trade off machine #102. Schwehr stated there was an option to keep #102 and have no payment or trade it off and spend the money on a new one. Schwehr moved to table the purchase decision of new motor grader until the May 5th meeting. Taylor seconded. All voted aye. Motion carried.
Frey moved to approve Utility permit #1733 to WRT for fiber optics. Taylor seconded. All voted aye. Motion carried.
Schwehr moved to table the sale of used equipment until the May 19th meeting. Entze seconded. All voted aye. Motion carried.
Entze moved to accept the recommendation form Miller on the 2021 annual bids. Frey seconded. All voted aye. Motion carried.
The following bid recommendations were approved:
Diesel Fuel & Unleaded Gasoline
Rud Oil & Gas—Center
Farmers Union Oil--Beulah
Oil & Grease
Hanson’s Excavating, Inc—Des Lacs
Contech Engineered Solutions—Bismarck
Recommend accepting the bid from Forterra Concrete Products for RCP
Gravel & Scoria Crushing
Fisher Sand and Gravel—Dickinson
Sundre Sand & Gravel—Minot
S&M Lawn Service—Center
Lake View Services—Beulah
Hanson’s Excavating, Inc.—Des Lacs
Western Steel Builders—Hazen
The board recessed at 10:25 AM.
The board reconvened at 10:40 AM.
Chairman Wolf indicated that the next item on the agenda is “Executive Session-Pursuant to 44-04-19.2(1) NDCC-Personnel Modification: Auditor’s office.” This item must be discussed in executive session. The legal authority for closing this portion of the meeting is NDCC Section 44-04-19.2(1). The topic or purpose of this executive session is for “Executive Session pursuant to NDCC 44-04-19.2(1)—Personnel Modification: Auditor’s office.” At this time, a motion would be in order to discuss the next topic in executive session rather than in an open meeting. Is there such a motion? Motion made by Entze, seconded by Commissioner Taylor to enter into executive session. There was no discussion on the motion. On roll call vote all members voted “Aye”, motion carried. The executive session will be recorded and all members of the governing body are reminded to limit their discussion during the executive session to the announced topic. Any collective decision, collective commitment, or other final action by the governing body must occur after it reconvenes in an open meeting, unless final action is specifically required by law to be taken during executive session. The prohibition on taking final action during the executive session does not apply to providing guidance or instruction to our attorney. We will now ask the members of the public who are attending the meeting to leave the room. We will be adjourning the executive session and reconvening the open portion of the meeting as soon as possible. The minutes will show that the executive session began at 10:43 AM CT and was attended by Chairman Wolf, Commissioner Entze, Commissioner Taylor, Commissioner Frey, Commissioner Schwehr and Auditor Brost. The minutes will show that the executive session was adjourned at 10:57 AM CT. The public has been invited to return to the meeting room and we are now back in open session.
Schwehr moved to table hiring any additional staff to the auditor’s office until May 5th as it was not on the agenda. Due to a lack of a second, motion died.
Taylor moved to approve the Auditor to hire a temporary deputy auditor for two (2) days a week with no benefits for the next 12 months. Frey seconded. Taylor, Frey, Entze and Wolf voted aye. Schwehr nay. Motion carried.
The board interviewed Shannan Senger for the Temporary Appointed County Recorder position.
The board interviewed Erin Peck for the Temporary Appointed County Recorder position.
There being no further business the meeting was adjourned at 11:40 AM. The next special meeting is scheduled for April 23, 2021 at 1:00 PM CT at the Mercer County Government Center in Stanton, North Dakota. The next regular meeting is scheduled for May 5, 2021, at 9:00 AM at the Mercer County Boardroom at the Mercer County Government Center in Stanton, North Dakota. The meetings can be viewed online at www.mercercountynd.com
Approved: Gene Wolf, Chairman
Attest: Shana L. Brost, Auditor
Mercer County Commission
Special Meeting Minutes
April 23, 2021
The special meeting was called to order at 1:00 PM by Chairman Gene Wolf. Present were Commissioners Wayne Entze, Liza Taylor, Marvin Schwehr and Auditor Shana Brost. Travis Frey was absent. Others present were Brenda Cook and Tamara Brannan.
Taylor moved to approve the agenda. Schwehr seconded. All voted aye. Motion carried.
The board interviewed Tamara Brannan for the Temporary Appointed County Recorder position.
Schwehr moved to appoint Shannan Senger as the Temporary Appointed County Recorder until June 4, 2021, then after assuming full responsibility as Appointed County Recorder. Entze seconded. All voted aye. Motion carried.
Schwehr moved Shannan Senger begin her position as Temporary Appointed County Recorder as of April 26, 2021 and assume Appointed County Recorder position as of June 7, 2021. Taylor seconded. All voted aye. Motion carried.
Schwehr moved Shannan Senger receive $24.54 per hour from April 26, 2021 until June 4, 2021, and $26.04 per hour beginning June 5, 2021. Entze seconded. All voted aye. Motion carried.
There being no further business the meeting was adjourned at 1:41 PM. The next regular meeting is scheduled for May 5, 2021, at 9:00 AM in the board room of the Mercer County Government Center, Stanton, North Dakota.
Approved: Gene Wolf, Chairman
Attest: Shana L. Brost, Auditor