Most recently approved County Commission Minutes
Mercer County Commission
Minutes
April 17, 2013
The meeting was called to order at 9:00 AM CT by Chairman Bitterman, also present was Commissioner Entze, Commissioner Murray, Commissioner Tveit, Commissioner Scheurer, Auditor Brost, and State’s Attorney Binder.
Motion made by Commissioner Scheurer, second by Commissioner Entze to approve the agenda with additions. On roll call vote; Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, Murray, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Murray, second by Commissioner Tveit to approve the minutes of the April 2nd Safety meeting and the April 3rd commission meeting. On roll call vote; Murray, “Aye”, Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Tveit, second by Commissioner Scheurer to approve payment of bills as follows: Advanced Business Methods, $78.60; American Welding & Gas Inc., $468.52; Craig Askim, $145.04; Barbot-Seibel Funeral Homes, $450.00; BHG Inc., $14.43; Jamie Bradley, $40.00; Bronson’s Super Value, $63.56; Shana Brost, $50.40; Center Park Board, $86.00; Comfort Inn, $138.00; Custer Health District, $124.00; D & E Supply Company, Inc., $456.93; Dakota Central Social Services, $56,689.37; Direct Med, $828.38; Alco Stores, Inc., $35.98; Wayne Entze, $159.04; Farmers Union Oil Co., $196.00; Filter Care of Grafton Inc., $80.25; Ryan Flemmer, $9.20; Galls, $36.99; Hazen Drug, $21.44; IAAP Sakakawea Chapter, $140.00; Interstate All Battery Center, $227.60; Dena Kemmet, $128.24; Krause Super Value, $78.15; Fred Pryor Seminars, $207.00; Information Technology Department, $433.40; J & M Hardware, Inc., $199.42; Gontran Langowski, $114.20; Menards, $485.83; Mercer County Shop, $2,859.01; Midcontinent Communications, $94.25; Midwest Doors Inc., 477.35; Gary Murray, $56.00; NDACo Resources Group, $1,017.21; N.D. Attorney General, $525.00; N.D. County Treasurer’s Assoc., $50.00; N.D. Game & Fish Department, $61,419.00; N.D. State Radio Communications, $240.00; Penguin Management, Inc., $814.00; Reliance Telephone Systems, Inc., $400.00; Roughrider Electric Cooperative, Inc., $1,662.77; Sailer Septic Service, $85.00; Sakakawea Medical Center, $423.03; Rona Schutt, $21.19; Shopko, $7.27; St. Alexius Medical Center, $409.50; Subway #12480, $128.70; Team Electronics, $500.00; Leonard Tesky, $35.30; The Radar Shop Inc., $420.00; Trucks of Bismarck, Inc., $1,000.00; William Tveit, $306.88; Verizon Wireless, $93.58; Thomson Reuters, $244.75; West River Telecommunications, $1,939.62; Dakotaland Autoglass Inc., $180.00; Midcontinent Communications, $57.88; Sakakawea Medical Center, $75.00. Upon roll call vote; Murray, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried.
Jim Albers, Building Maintenance, touched base with the commissioners about the retaining wall on the west side of the social services building. Albers noted that three outlets aren’t working because either the line is broken or there is water in the conduit. He wondered if the commissioners wanted to put in new ones; there had been a verbal quote of $1,000 - $1,500 to replace them. Albers also showed pictures to the commissioners of the cracks in the retaining wall and where the wall had shifted in one spot. Commissioner Murray asked Albers to get estimates to fix the wall and outlets and bring them back to the next meeting. No further action was taken.
The commission reviewed the NDSU Extension Highlights. No further action was taken.
The Outstanding Road Accounts were reviewed by the commission. Commissioner Tveit mentioned that a motion was made at a previous meeting to remove two accounts from the list; he sees they haven’t been removed. Auditor Brost said she would contact Rachel Grimm, Highway Department Secretary, to have those clients removed. No further action was taken.
Motion made by Commissioner Murray, second by Commissioner Entze to approve the March Sheriff’s Fee of $19,505.75. On roll call vote; Murray, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Scheurer, second by Commissioner Tveit to approve the March Recorder’s Fees of $4,391.20. On roll call vote; Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Murray, “Aye”, Bitterman, “Aye”, motion carried.
The landfill report was reviewed. The landfill tonnage report read: Trees and Wood, 5.89 ton; Steel, 1.92 ton; Household, 421.79 ton; Inert, 105.61 ton; Tires, 10; Whiteware, 18; Large Animals, 3; Small Animals, 1.
Commissioner Entze brought forward the architect recommendation from the Courthouse Expansion Committee. Commissioner Entze said he would like to invite Scott Fettig, Klein McCarthy, to come in to do the concept study and find out exactly what Mercer County needs. Entze said the committee had come up with many ideas focusing on more space, but yet adding the extra security. The committee would like to see one entrance into the courthouse versus building on another wing. Motion made by Commissioner Scheurer, second by Commissioner Murray to accept Scott Fettig, Klein McCarthy, to do the concept study for the courthouse expansion. Upon roll call vote; Scheurer, “Aye”, Murray, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried. State’s Attorney Binder mentioned she will talk to Fettig about the contract, just to clarify a few questions and nail down a price.
The commission reviewed zoning matters with Land Use Administrator/Tax Director, Gary Emter. Motion made by Commissioner Scheurer, second by Commissioner Entze to approve Temporary Use Permit Number 431 for Perreault Construction Inc., to haul sand from the Scheid pit in NE ¼ Section 19 T144N R86W with work limited to daylight hours. The conditions attached include 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 and the permit holder shall control weeds, in an acceptable manner, during the time this permit is in effect. The permit expires on April 17, 2014. Upon roll call vote; Scheurer, “Aye”, Entze, “Aye”, Tveit, “Aye”, Murray, “Aye”, Bitterman, “Aye”, motion carried.
Commissioner Tveit thanked the highway department’s leadership and crew for clearing the roads on Monday and Tuesday. Elroy Opp reviewed road issues with the commissioners. He reported they had gotten 10 miles of crack sealing done before the snowfall, the mulchers will be in next week, and they have all the oil they should need. Commissioner Entze mentioned he has had a few complaints about an oil semi that is driving north on County 13. He asked Opp to look into the situation, and he would also notify Deputy Kent Roth.
Chairman Bitterman mentioned the Highway Superintendent, Roy Braun, is taking time off. Bitterman stated he didn’t think an employee could take comp time in place of vacation time. State’s Attorney Binder reminded him that our policy manual states an employee can accrue comp time in lieu of overtime for nonexempt employees. Motion made by Commissioner Tveit, second by Commissioner Murray to table the issue until the next meeting. Upon roll call vote; Tveit, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried.
Commissioner Tveit mentioned a dust control issue concerning Temporary Use Permit #422 issued to Dale Heinle. Commissioner Tveit was wondering if it was the county or the permit holder’s responsibility to control the dust. State’s Attorney Binder stated it was under the Highway Department’s discretion due to the lack of restrictions on the permit. No further action was taken.
The commissioners reviewed the information Auditor Brost received from the North Dakota Insurance Reserve Fund in regards to personal use of county equipment. Motion made by Commissioner Tveit, second by Commissioner Entze to reject policy 508b Use of Equipment and Vehicles for Personal Use and have the Policy Committee create a no use policy. Upon roll call vote; Tveit, “Aye”, Entze, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Bitterman, “Aye”, motion carried.
The commission recessed at 10:07 AM CT.
The commission reconvened at 10:32 AM CT with all members present.
Hilbert and Viola Bohrer addressed their concerns about the low water crossing on County 26 with the commissioners. Mr. Bohrer stated that the road that the commissioners put in many years ago has been sloppy and the neighbor closed off the creek; therefore water is backing up. The Bohrers went on to explain they have contacted the Water Resource Board, Corp of Engineers, and the State Water Commissioners and have had no luck in taking care of the situation. Commissioner Tveit asked Mr. Bohrer what year the creek was dammed off. Mr. Bohrer responded that he thought 1985, 1986, or 1987. Mrs. Bohrer asked the commissioners what they plan on doing with County 26. Commissioner Murray explain that a large box culvert will be put in and the road will be built up. Motion made by Commissioner Entze, second by Commissioner Tveit to inquire with the Water Resource Board about the SE ¼ Section 27 T145N R85W where the dammed creek is located and ask them to address the issue. Upon roll call vote; Entze, “Aye”, Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Bitterman, “Aye”, motion carried.
Greg Perreault, Perreault Construction, discussed the county policy on moving equipment. Perreault noted that the state lets him move equipment of a 10 foot width before requiring a permit, and wonders if the commission would adopt the state policy for in-state contractors. Currently the county’s policy requires a permit for any equipment over 8.5 feet. Perreault went on to say that the state allows contractors to use self-issuing permits, so they can fill out the permit at the time of loading the equipment. He states this is a privilege the state give contractors and misuse would lead to provocation of the permit. Perreault feels that the state policies are much more convenient than the county policies. Commissioner Murray would like to table the issue and contact the highway department to see what their thoughts on the issue are. It will be put on the agenda for the May 1st meeting.
Darwin Knutson met with the commission to follow up and move forward. Knutson had questioned the Custer Health District director demanding a raise for the county nurse. State’s Attorney Binder stated her raise came from Custer Health District, and not Mercer County; only Custer Health District was fiscally affected. Knutson went on to say he talked to a local engineer that can design and was the engineer for a Jewish center in California. He stated that Mr. Kerns would like to help the courthouse expansion committee. State’s Attorney Binder updated Knutson that a motion was made earlier in the meeting to hire Scott Fettig with Klein McCarthy. The next topic Knutson discussed with the commissioners was about the two FEMA trailers that the county gave approval to purchase. Commissioner Scheurer stated that the Sheriff has yet to make it down to Streeter to look at them, so they have not purchased anything at this time. Knutson asked what the use of these trailers would be. He noted that the liability insurance, the cost to move them, and the administrative costs associated with them all entails expense for the taxpayers. Chairman Bitterman stated that the county was very fortunate to purchase a nice home in Golden Valley, and felt the county was smart by purchasing the trailers as well. State’s Attorney Binder said the purpose of the trailers was to bring in new employees and have housing for them. She stated Sheriff Danzeisen has been watching the housing crunch out west, and that many counties and cities have done this. The emphasis is clear; the county needs to be proactive and they have been doing a good job of it.
Knutson’s next topic of discussion with the commissioners was the time the commission meetings are held. Knutson would like to see one of the commission meetings every month held in the evening to accommodate the working man. He went on to say that he is pursuing a communication platform and has created a blog at www.courthousemouse.com. He thought videotaping the commission meetings and putting them up on a blog would be beneficial to the citizens of Mercer County so they can stay informed. Knutson feels the blog would be a way to communicate the plans and visions of the commission. It would also be an open platform to engage the conversation of county citizens. Knutson stated an informed public is a satisfied public. Knutson went on to say that businessmen would like to see the commissioners place a bigger emphasis on economic development with the additional two commissioners on the board. Knutson would like to see the commissioners have an increased interest to get people to come and give their thoughts to them. Chairman Bitterman thanked Knutson for coming in.
Auditor Brost gave an update to the commissioners about NDPERS and Blue Cross Blue Shield of North Dakota (BCBSND). She stated she had contacted NDPERS and the commissioners were treated like full-time permanent employees. Therefore, the newly elected commissioners can elect to participate in the retirement plan within the first six months of office. As for BCBSND, the commissioners do not work at least 32 hours a month in order to participate in the group plan. Commissioner Scheurer stated that the commissioners are on an on-call status 24 hours a day, seven days a week. Auditor Brost said she would contact BCBSND to find out if that would make a difference. No further action was taken.
There being no further business, on motion duly made and second, the meeting was adjourned at 11:21 AM CDT. The next regular meeting of the commission will be May 1, 2013 at 9:00 AM CT in the courtroom of the Mercer County Courthouse, Stanton, North Dakota.
Frank Bitterman, Chairman
Shana L Brost, Auditor
Mercer County Commission
Special Meeting Minutes
April 25, 2013
The meeting was called to order at 2:00 PM CT by Chairman Bitterman, also present was Commissioner Entze, Commissioner Murray, Commissioner Tveit, Commissioner Scheurer, Auditor Brost, and State’s Attorney Binder.
Motion made by Commissioner Murray, second by Commissioner Scheurer to approve the agenda. On roll call vote; Murray, “Aye”, Scheurer, “Aye”, Tveit, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Tveit, second by Commissioner Murray to relieve Mr. Roy Braun of his duties as County Road Superintendent and terminate his employment with Mercer County, effective immediately and that the commissioners advertise for his replacement, entertaining applications from outside the current workforce as well as within. Chairman Bitterman asked, is there any discussion? Is there any discussion? Is there any discussion? On roll call vote; Tveit, “Aye”, Murray, “Aye”, Scheurer, “Aye”, Entze, “Nay”, Bitterman, “Aye”, motion carried.
Motion made by Commissioner Tveit, second by Commissioner Scheurer to instruct the auditor to pay out any legitimately earned and accumulated balance of Mr. Braun’s sick leave and vacation as per Section 308 and Section 303 of the Mercer County Employee Policy Manual. Chairman Bitterman asked, is there any discussion? Is there any discussion? Is there any discussion? On roll call vote; Tveit, “Aye”, Scheurer, “Aye”, Murray, “Aye”, Entze, “Aye”, Bitterman, “Aye”, motion carried.
There being no further business, on motion duly made and second, the meeting was adjourned at 2:02 PM CDT. The next regular meeting of the commission will be May 1, 2013 at 9:00 AM CT in the courtroom of the Mercer County Courthouse, Stanton, North Dakota.
Frank Bitterman, Chairman
Shana L. Brost, Auditor
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