Most recently approved County Commission Minutes

 

Mercer County Commission

Minutes

July 7, 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, State’s Attorney Odegaard and Auditor Shana Brost. Others present during portions of the meeting were Ken Miller, Darbie Berger, Charlie Hankins, Cyndi Zueger, Carmen Reed, James Kasper, Kevin Solie, Roy Rasch, Steve Cottingham, Clay Cameron, Tom Von Bische, Mark Pierce, Tera Haaland, Ray Sorge, Dominic Tognarelli, Ross Lenzen, Kent Vernon, Jerry Obenauer, Pete Christianson, April Oster, Guy Guidinger, Leon Sabot, Dave Block, Tammy Ibach, Rylan Sundsbak, Kyle Boger, Pamela Trhlik, Bill Suter, John Phillips, Art Ziemann, Chuck Stroup and Dan Arens of BHG News.

Frey moved to approve the agenda as amended. Schwehr seconded. All voted aye. Motion carried.

Schwehr moved to add expenditures exceeded revenues by $513,597.17 to June 16th minutes. Frey seconded. All voted aye. Motion carried.

Entze moved to approve the June 16th minutes as amended. Frey seconded. All voted aye. Motion carried.

Frey moved to approve the June 24th special minutes as presented. Taylor seconded. All voted aye. Motion carried.

Frey moved to approve the bills. Taylor seconded. The following vouchers (#44279-44340) were approved for payment: ADVANCED BUSINESS METHODS, $716.15; ASKIM, CRAIG, $619.76; AXON ENTERPRISE INC., $2,196.00; BECHTOLD PAVING INC. $416,111.91; BERGER, DARBIE, $326.20; THE BEACON, $140.26; BEULAH JOB DEVELOPMENT AUTHORITY, $806.33; BINDER, JESSICA J., $244.97; BROST, SHANA, $466.10; BUTLER MACHINERY CO, $152.36; CARDMEMBER SERVICE, $225.98; CITY OF BEULAH, $80.71; CITY OF STANTON, $8,923.77; CUSTER HEALTH DISTRICT, $2,247.63; D & E SUPPLY CO INC., $420.65; DAKOTA FIRE EXTINGUISHER INC., $891.74; DIRECT MED, $209.88; DOWNTOWN GAS AND AUTO, $25.00; EIDE FORD LINCOLN, $27.77; ELECTRONIC COMMUNICATIONS INC, $188.00; FARMERS UNION OIL CO – BEULAH, $11,210.00; FARMERS UNION OIL CO – HAZEN, $56.42; FARMERS UNION SERVICE ASSOCIATION, $10,264.00; FIRE EXTINGUISHING SYSTEMS INC., $239.90; FREY, TRAVIS, $92.56; HAZEN HARDWARE HANK, $59.98; HAZEN STAR, $300.00; HAZEN WELDING, $32.00; INTERSTATE ENGINEERING INC., $92,259.46; JAKE'S AUTO GLASS INC., $291.36; JOHNSEN TRAILER SALES, INC., $52.48; JOHNSON CONTROLS, $4,017.86; LIGNITE TIRE SERVICE, $109.90; QUADIENT LEASING USA INC., $582.87; MERCER COUNTY HIGHWAY DEPARTMENT, $142.21; MIDWEST DOORS INC., $782.45; MILBRADT, KURT, $170.00; MONTANA DAKOTA UTILITIES, $65.47; NDACS, $50.00; ND ASSOCIATION OF COUNTIES, $63.00; ND DEPARTMENT OF TRANSPORTATION, $1,911.68; ND DEPT OF ENVIRONMENTAL QUALITY, $30.00; NELSON INTERNATION OF BISMARCK, $163.04; NEUBERGER OIL COMPANY, $5,729.16; NORTHWEST TIRE AUTO SERVICE INC., $1,260.96; OFFICE DEPOT INC., $95.42; OK AUTOMOTIVE, $56.20; BOYER, AMANDA, $70.56; PHARMCHEM, INC., $1,211.00; RDO EQUIPMENT COMPANY, $1,011.78; S & M LAWN SERVICE, $595.00; SAILER SEPTIC SERVICE , $155.00; SEIFERT, BRADLEY Q., $36.96; SOUTHWEST BUSINESS MACHINES INC., $289.09; SOUTHWEST WATER AUTHORITY, $51.92; DANIEL OSWALD INC., $3,800.00; TAYLOR, LIZA, $34.72; THE GARDEN MILL LLP, $61.44; TOWER COMMUNICATIONS INC., $555.00; VERIZON WIRELESS, $1,361.01; VIVINT, INC., $59.99; WOLF, GENE, $114.56; JOB SERVICE OF NORTH DAKOTA, $11.61 (Total $574,529.19) All voted aye. Motion carried.

Schwehr moved to approve the Fireworks Ban Declaration until further notice. Frey seconded. Schwehr, Frey, Entze, Wolf voted aye. Taylor nay. Motion carried.

Cyndi Zueger, Tax Director/Land Use Administrator, presented five (5) zoning cases to the board.

#571: A temporary use permit issued to Mayo Construction for a temporary asphalt plant to be used for a NDDOT roundabout project on Hwy 200 & Hwy 49 along with paving from Hwy 200 to Halliday in the NW ¼ Section 14 T144N R88W. Planning & Zoning recommended approval on June 17, 2021. The area disturbed under this temporary use permit must by 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. Must contact the County Road Superintendent. Must maintain dust control in the pit area. Schwehr moved approve Temporary Use #571. Frey seconded. All voted aye. Motion carried.

#572: A temporary use permit issued to Coteau Properties Company for drilling test holes for coal exploration in Sections 4 & 5 T145N R86W with work limited to daylight hours. The area disturbed under this temporary use permit must by 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. Subject to finalization of authorization for access by landowners. Frey moved to approve Temporary Use #572. Schwehr seconded. All voted aye. Motion carried.

#21-06-01: A conditional use permit requested by James Kasper for a setback variance in Tract 2 in NW ¼ Section 4 T146N R87W. Planning & Zoning did not recommend approval at their June 17, 2021 meeting. Schwehr moved to deny zoning case #21-06-01 as presented for the 50 ft. setback. Frey seconded. All voted aye. Motion carried.

#21-06-02: A conditional use permit issued to Dakota Gasification Company for a carbon dioxide gas pipeline in Sections 1, 2, 11, 12, 13, 14, 23 & 24 T145N R88W to install pipe in accordance with the Public Service Commission regulations. Must follow all PSC and Industrial Commission regulations. Planning & Zoning recommended approval on June 17, 2021. Frey moved to approve zoning case #21-06-02. Taylor seconded. All voted aye. Motion carried.

The board recessed at 10:06 AM.

The board reconvened at 10:12 AM.

Next the board heard case #5075, a resolution to amend Mercer County Wind ordinance. The board heard comments from Anna Novak on the ordinance.

Entze moved to close the sealed bids for county assets. Schwehr seconded. All voted aye. Motion carried.

Auditor Brost read aloud the following bids:

Jason Anderson—One bag blow in insulation & 12 rolls faced $169.17

Dennis Olheiser—White Ford Pick Up Box $151.51

Dennis Olheiser—3/4 Ton Flat Bed Service Box for Pick Up $100.00

Kevin Hoesel—15’ Diamond Flexwing Mower $1,500.00

Schwehr moved to accept all bids as presented. Frey seconded. All voted aye. Motion carried.

The board again heard discussion on zoning case #5075. They heard from Anna Novak, Mark Pierce, Clay Cameron, and Tom Von Bische.

Schwehr moved to recess the regular meeting and open the public hearing for the Custer Health mill levy. Frey seconded. All voted aye. Motion carried.

Erin Ourada, Custer Health, presented her budget to the board. Ourada stated she is requesting an equalized mill levy of 3.35 or $174,506, which is slightly lower than last year’s request. The board thanked Ourada for coming in.

Schwehr moved to close the public hearing and reconvene the regular meeting. Frey seconded. All voted aye. Motion carried.

The board heard from Art Ziemann, April Oster, Chuck Stroup, and Roy Rasch in regards to zoning case #5075. Schwehr moved to accept case #5075 with the condition 3.x. be removed. 3.x reads, “Length of Permit. Permits shall be valid for five years unless otherwise determined by the Board of County Commissioners, and shall be renewable at the discretion of the Board of County Commissioners. Applicant must provide any information deemed relevant by the Board of County Commissioners, to include an updated decommissioning plan as described below.” Due to a lack of a second, the motion failed.

Entze moved to accept zoning case #5075 as presented. Due to a lack of a second, the motion failed.

Schwehr moved to deny #5075 until a consensus can be reached. Frey seconded. Schwehr withdrew his motion. Frey withdrew his second.

The board appointed Commissioner Taylor to sit on a committee with Faces of Coal Representative Mark Pierce, Next Era representative Clay Cameron, McLean County State’s Attorney Ladd Erickson, and Wind Policy Lawyer Levi Andrist to come up with an ordinance that works for both industries. Frey moved to table zoning case #5075 until the second meeting in September at 10:30 AM. Schwehr seconded. All voted aye. Motion carried.

In Road Issues, the board reviewed Estimate No. 1 in the amount of $416,111.91 for the Hazen Bay Road mill and overlay project.

Entze moved to accept the Final Certification on County 26. Frey seconded. All voted aye. Motion carried.

The board addressed a letter from Rodney Weigum requesting the road department refrain from cutting ditches until fall when the last mowing will be done for winter preparation. Road Superintendent, Ken Miller, stated he is looking to start cutting ditches July 19th and will not be backtracking. Miller added he needs to keep safety in mind.

Charlie Hankins, Interstate Engineering, discussed a bridge south of Beulah that is experiencing decay issues with the embankment. Hankins stated they are in the process of getting a cost estimate for repairs.

Miller explained the $3,800 bill for a vacuum truck presented earlier in the meeting. Miller stated it was for eight (8) cattle guards because they do not have the manpower to do it.

Schwehr discussed expense reporting for the road department.

Darbie Berger gave a Treasurer’s report. Berger reported receipts of $696,131.31 and payments of $1,153,466.84 for the month of June and yearly difference of ($970,932.70).

Entze moved to appoint Kate Karges and Diana Shull for the unexpired terms on the McLean Mercer Regional Library board with terms to begin immediately and expiring June 30, 2024. Frey seconded. All voted aye. Motion carried.

Schwehr moved to approve Raffle Permit #2021-01 issued to Beulah Lions Club for a 50/50 raffle at the Dakota Walleye Classic. Taylor seconded. All voted aye. Motion carried.

Schwehr moved to approve the May Recorders fees in the amount of $5601.60. Frey seconded. All voted aye. Motion carried.

Schwehr moved to approve Raffle Permit #2021-02 issued to Beulah Little People Preschool for a 50/50 raffle at the Dakota Walleye Classic. Taylor seconded. All voted aye. Motion carried.

Auditor Brost updated the board on the American Rescue Plan. Brost stated she has requested the monies from the US Treasury and should be receiving them within the next week. The county will receive half ($795,114.50) and will receive the other half in 12 months.

Frey moved to approve liquor license #451 issued to Sportsman’s Bottle Shop for off sale beer/liquor July 22-24 for the Dakota Walleye Classic. Taylor seconded. All voted aye. Motion carried.

The board gave their portfolio updates.

There being no further business the meeting was adjourned at 12:21 PM. The next special meeting is scheduled for July 27, 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