Most recently approved County Commission Minutes

 

Mercer County Commission

Minutes

January 3, 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: State’s Attorney Binder, Ashely Miller, Pam Pehl, Captain Wenning, Colette Schilling, Wes Peck, David Kuzara, Chris Friez, David Straley, Brad Erickson, Eric Urness, Elroy Opp, Ken Miller and Daniel Arens of BHG News.

Scheurer turned the meeting over to Auditor Brost to reorganize the board for 2018. Auditor Brost called for nominations for the Chairman. Gunsch nominated Scheurer for Chairman. Brost asked if there were any other nominations. Berger nominated Entze for Chairman. Brost asked if there were any other nominations, if not nominations are closed. By a show of hands, Gunsch, Murray, and Entze voted in favor of Scheurer and Berger opposed. Commissioner Scheurer was declared Chairman for the Board of Mercer County Commissioners. Auditor Brost called for nominations for the Vice-Chairman. Murray nominated Gunsch for Vice-Chairman. Brost asked if there were any other nominations. Berger nominated Entze for Vice-Chairman. Brost asked if there were any other nominations, if not nominations are closed. By a show of hands, Scheurer, Gunsch, and Entze voted in favor of Gunsch and Berger opposed. Commissioner Gunsch was declared Vice-Chairman for the Board of Mercer County Commissioners. Auditor Brost turned the meeting back over to Chairman Scheurer.

  1. moved to approve the agenda. Entze seconded. All voted aye. Motion carried.

Murray moved to approve the minutes from the December 20th meeting. Entze seconded. Berger stated there was nothing in the minutes about his concerns about office sizes in the remodeled building. Entze stated the Recorder’s office gained 300 square feet. Gunsch added the Tax Director may need to add staff due to Legislative changes, which is why their office was designed bigger. Entze noted the hallway had to be wider to be in compliance with the ADA standards. Berger asked if there was anything in the code about another door in the administrative area for fire escape. Entze stated the windows pop out for fire escape. Scheurer stated the new law went into effect January 1st for City Assessors, so the county should find out later this year if the cities will need the county to assess for them. 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, $51779.36; Beulah Fire Protection, $1719.34; Beulah School District, $277763.78; Center Stanton School Dist., $32139.71; City of Beulah, $154929.08; City of Golden Valley, $8385.50; City of Hazen, $187184.94; City of Pick City, $13146.94; City of Stanton, $8897.39; City of Zap, $25435.72; Fort Clark Irrigation District, $1203.00; Glen Ullin Rural Fire District, $143.12; Glen Ullin School District #48, $3225.92; Golden Valley Rural Fire, $2567.49; Halliday Public School District, $579.21; Halliday Rural Fire Protection District, $699.33; Hazen City Park, $32180.30; Hazen Rural Fire, $15919.65; Hazen School District 3, $216690.12; Hebron Fire Protection District, $18668.06; Hebron Fire Protection District, $920.55; ND State Treasurer, $8615.07; Soil Conservation District, $8475.07; SW Water, $8474.98; Stanton City Park, $1696.33; Stanton Rural Fire Protection, $2413.79; Underwood School District, $66949.85; Zap City Park District, $942.90; Zap Rural Fire, $2278.92; Custer Health District, $29095.19; Kaspari, Thomas, $200.00; Mclean Mercer Library, $17066.13; Mercer & McLean Counties, $7828.36; Mercer County Ambulance, $42233.36; Mercer County Historical Society, $1191.77; Mercer County Regional Airport, $21657.37; Water Resource District, $18124.68; Warrants 56522-56556- & Direct Deposits $176252.08; Mercer County Treasurer, $14212.24; Guardian Life Insurance, $296.07; Aflac, $1443.75; Assurity Life, $1733.77; Mercer County Treasurer, $36419.97; Mercer County Treasurer, $12214.98; Mercer County Treasurer, $21254.87; CMFG Life Insurance, $1254.00; Mercer County Treasurer, $4970.93; Mercer County Treasurer, $3617.75; Annuity Premium Reserve, $1182.89; Nationwide Retirement, $11718.39; NDPERS, $30107.48; Advanced Business Methods, $140.64; Craig Askim, $93.96; Bauer Built,$735.80; Dwight Berger, $122.90; Bergstrom Electric, $39848.00; Beulah Chamber of Commerce, $55.00; Beulah Job Development Authority, $606.34; Butler Machinery, $199.86; Cardmember Services, $614.87; CBM Management Services, $5944.84; Cofell’s Plumbing, $16783.10; Contegrity Group, $24109.04; Corner Express, $41.86; D & E Supply, $687.90; Dakota Power Hydraulics, $889.21; Digital Ally Inc., $140.00; Direct Med, $171.25; Farm Service Agency, $777.00; Fastenal Company, $40.33; Grazzini Brothers, $6353.25; Hazen Hardware Hank, $138.32; Auto Value, $64.88; Houston Engineering, $953.20; J & M Hardware, $224.94; J-S Sanitation, $495.00; Dena Kemmet, $11.34; Krause Super Valu, $80.36; Lewis & Clark Regional Development, $8929.14; Mac’s Inc., $167.47; Matthew Bender & Co., $177.31; Mercer County Shop, $2016.08; Kurt Milbradt, $279.90; MDU, $224.29; NDACO Resources Group, $26129.16; NDACO, $10322.00; ND County Commissioners Association, $1650.00; ND State Radio Communications, $755.48; Neuberger Oil, $2167.70; Nova Fire Protection, $19663.85; Office Depot, $66.34; Carmen Reed, $129.60; Roughrider Electric, $175.00; Rud Propane, $6756.18; Sweeper Metal, $12720.70; Trans Trash, $675.00; Tyler Technologies, $3021.92; Ultramax ammunition, $446.00; Verizon, $1988.68; Wagon Wheel Lumber, $82.71; Cofell’s Plumbing, $2788.00. All voted aye. Motion carried.

Entze moved to approve the Treasurer’s bills. Murray seconded. The following vouchers were approved for payment: Hazen Star, $36.20; SBM, $34.12. Entze, Murray, Gunsch and Scheurer voted aye. Motion carried.

Wes Peck, EERC, gave the board an update on the ND CarbonSAFE project. Peck stated they are done with the drilling process north of Golden Valley that started December 2nd and ended on December 24th. Peck added the well is officially plugged and the ND Industrial Commission was on site during the plugging process. Peck noted they still have the reclamation process on Mr. Flemmer’s property when the weather makes it possible. Peck stated a total depth of 6,790 feet was drilled and 330 feet of core was collected. Early next week the drilling rig will be moved south of Center to begin drilling on or around January 12th. Berger asked Peck if they were bonded in case there would be groundwater contamination. Peck stated the state waived their bond so they would accept the responsibility, but added they did not pump anything into the ground so there should be no risk. Gunsch asked what was next. Peck stated they will look at the core that was collected and will find out the suitability of the rock. The board thanked Peck for coming in.

Murray moved to set the mileage rate at $0.55/mile for reimbursement in 2018. Gunsch seconded. All voted aye. Motion carried.

Auditor Brost discussed 2018 polling places with the board, stating she had received an email from Hazen City Auditor Monte Erhardt stating the city would like to retain their right to establish a polling place in the City of Hazen wondering how the county would like to proceed and what costs the city would be responsible for. The board directed Auditor Brost to get costs together and invite the City of Hazen into the next meeting.

Colette Schilling, Tax Director/Land Use Administrator, presented eight (8) zoning cases to the board.

Trotter Construction: Temporary Use #512 for a scoria pit in a fraction of NW ¼ Section 28 T146N R88W with work 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 the permit is in effect. The permit expires December 31, 2018. Gunsch moved to approve Temporary Use #512. Entze seconded. All voted aye. Motion carried.

Badlands Aggregate, Inc.: Temporary Use #513 for a gravel pit in the E ½ of Section 28 T143N R89W with work 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 the permit is in effect. The permit expires December 31, 2018. Murray moved to approve Temporary Use #513. Entze seconded. All voted aye. Motion carried.

Badlands Aggregate, Inc.: Temporary Use #514 for a gravel pit in the SE ¼ Section 36 T147N R90W with work 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 the permit is in effect. The permit expires December 31, 2018. Gunsch moved to approve Temporary Use #514. Murray seconded. All voted aye. Motion carried.

Badlands Aggregate, Inc.: Temporary Use #515 for a gravel pit on 50 acres of SE ¼ Section 28 and NE ¼ Section 33 T145N R87W with work 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 the permit is in effect. The permit expires December 31, 2018. Entze moved to approve Temporary Use #515. Murray seconded. All voted aye. Motion carried.

Randy Byrum: Temporary Use #516 for a scoria pit in the S ½ N ½ Section 33 T145N R87W with work 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 the permit is in effect. The permit expires December 31, 2018. Berger moved to approve Temporary Use #516. Gunsch seconded. All voted aye. Motion carried.

Randy Byrum: Temporary Use #517 for a sand pit and overburden pit on 20 acres within E ½ of SE ¼ Section 32 T145N R87W with work 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 the permit is in effect. The permit expires December 31, 2018. Gunsch moved to approve Temporary Use #517. Murray seconded. All voted aye. Motion carried.

Dakota Westmoreland Corporation: Zoning Case #17-12-01 Certificate of Approval of a Conditional Use to conduct coal excavation, mining, and related activities on 155.47 acres in the NE ¼ less 2.30 acres of the cemetery and 2.23 acres less road right-of-way of Section 29 and 158.40 acres in the NW ¼ less the road right-of-way of Section 29 all within T143N R88W. The planning and zoning board recommended approval as long as it passes through the Public Service Commission. Once passed through PSC, notification will be sent to the office of the Land Use Administrator. Berger stated he was not in favor of passing the permit until County 12 is straightened out. Murray moved to approve zoning case #17-12-01. Gunsch seconded. Murray, Gunsch, Entze, and Scheurer voted aye. Berger no. Motion carried.

Cody Wiedrich: Zoning Case #17-12-02 Certificate of Approval of a Conditional Use for a non-farm residence on 5.96 acre parcel described as a tract in the SW ¼ NW ¼ of Section 27 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. A school bus turnaround must be provided if needed. Berger moved to approve zoning case #17-12-02. Entze seconded. All voted aye. Motion carried.

Auditor Brost discussed the 2016 election costs with the board. Brost stated she saw it was reported in the paper that the county went over budget for election costs in 2016. Brost reported the 2016 election costs were budgeted for $55,000, and although the total costs were $61,571.29 of that $7,005.70 was budgeted under the postage budget line. Mercer County actually came in $434.41 under their election budget.

The board gave their portfolio updates.

The board recessed at 9:52 AM.

The board reconvened at 10:01 AM.

In road issues, Chris Friez, Coyote Creek Mining Company, discussed with the board the 3rd Amendment to Agreement. Friez stated State’s Attorney Binder reviewed the draft and is okay with the language. The Amendment proposes Coyote Creek reimburses the county for the first $150,000 of the chip seal on County 25, and any costs over $150,000 Coyote Creek will reimburse the county 75%. Friez noted the estimate is $128,000 to $144,000 so Coyote Creek could potentially pay 100% of the costs. Eric Urness, Interstate Engineering, stated the county plans to chip seal other roads next year so the county should get a good price. Friez told the board they have Coyote Creek’s commitment and they are here. State’s Attorney Binder suggested keeping the 3rd Amendment in draft form until after the bid letting for the chip seal on County 25. No further action was taken.

Ken Miller, Road Superintendent, presented the Board the Road Declaration Policy. It reads as follows:

WHEREAS, Mercer County has rural non-agricultural development including residential subdivisions; small acreage non-farm residential parcels; commercial development; industrial development; and

WHEREAS, the cost incurred by the county to provide road services to rural non-agricultural development including construction, maintenance, gravel, and snow removal; exceeds tax revenues generated from taxes allocated to roads; and

NOW, THEREFORE, BE IT RESOLVED THAT THE Board of Mercer County Commissioners adopt a rural non-agricultural road policy in Mercer County, North Dakota, as follows:

  1. Road maintenance including snow removal places top priority on major collector roads, which are roads that lead into a city; followed by minor collector roads, which are roads that lead into major collector roads; followed by rural collector roads; followed by other rural roads. A copy of a county map identifying these roads is attached as Addendum “A”.

  2. Emergency road maintenance will only be for medical emergencies, fire response, and other life threatening situations. School busing, mail service, fuel needs, and other services are declared to be outside of life threatening emergencies. Road maintenance and snow removal services that are not life threatening emergencies will be billed to the party making the request according to the county fee schedule.

  3. The cost of road construction needed for rural development including commercial, industrial, and residential used are to be the responsibility of the applicable company, individual, or developer.

  4. Residents of Mercer County may have their private drive bladed twice per year upon their request if the time is available by the county road department. This does not include snow removal.

  5. Mercer County has no obligation to open new roads or upgrade and maintain section lines for the public travel.

  6. The County Road Policy should be a standard for future decisions regarding zoning matters, road maintenance and snow removal.

Dated at Stanton, North Dakota, the 3rd day of January, 2018.

MERCER COUNTY BOARD OF COMMISSIONERS

/s/Duane Scheurer, Chairman

/s/Wes Gunsch, Commissioner

/s/Dwight Berger, Commissioner

/s/Wayne Entze, Commissioner

/s/Gary Murray, Commissioner

There being no further business the meeting was adjourned at 10:18 AM. The next regular meeting is scheduled for January 17, 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