Most recently approved County Commission Minutes

 

Mercer County Commission

Minutes

June 20, 2018

 

The meeting was called to order at 9:00 a.m. by Chairman Duane Scheurer with the meeting being videotaped. Present were Commissioners Gary Murray, Wayne Entze, Wes Gunsch, Dwight Berger, and Auditor Shana Brost. Others present during portions of the meeting were: State’s Attorney Binder, Ashely Miller, Colette Schilling, Sarah Flath, Eric Urness, Luanna Fisketjon, John Vallely, Glenn Baranko, Mike Massey, Jim Albers, Ken Miller, Elroy Opp, and Daniel Arens of BHG News.

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

Gunsch moved to approve the minutes from the May 16th meeting. Murray seconded. All voted aye. Motion carried.

Entze moved to approve the bills, excluding the Treasurer’s bills and the Electronic Communications bill in the amount of $5,958.56 for jail portable radios; requesting the Sheriff come in and discuss the purchase with the board. Gunsch seconded. The following vouchers were approved for payment: American Welding, $134.77; Ameripride, $65.37; Bauer Built, $164.00; Dwight Berger, $165.50; BHG, $12.99; Jessica Binder, $324.00; Bismarck Cancer Center, $130.00; BCBS, $66034.28; Bobcat of Mandan, $100.92; Gwyn Bosch, $29.90; Shana Brost, $79.89; Butler Machinery, $3767.59; CBM Management, $3122.70; Center Machine, $262.50; Charm-Tex, $189.32; City of Beulah, $3500.00; City of Golden Valley, $79.43; City of Stanton, $8698.64; Corner Express, $71.92; D & E Supply, $287.36; Dent Master, $377.62; Diamond Truck Equipment, $59.92; Direct Med, $19.60; Downtown Gas, $100.00; Election Systems, $6419.39; Electronic Communications, $1601.00; Farm & Home Publishers, $300.00; FUO Beulah, $81977.24; Wex Bank, $2945.46; Hazen Hardware Hank, $110.30; Hazen Motor, $258.26; Auto Valu, $28.54; ITD, $911.60; Interstate All Battery, $13.86; Interstate Engineering, $13231.59; J & M Hardware, $100.57; Jeepers Sweepers, $1750.00; Johnson Controls, $3175.00; Dena Kemmet, $278.14; Language Line Services, $90.00; Laughing Bear Inc., $1500.00; Relx Inc., $192.02; Mainstay Suites, $253.80; Menards, $4.78; Mercer County Shop, $302.58; Midco, $259.54; Napa, $182.14; NDACO, $63.00; Office of Attorney General, $1133.00; NDDOT, $17127.66; Neofunds, $2000.00; Neuberger Oil, $1496.14; Newman Signs, $655.00; Northern Signs, $266.86; OK Automotive, $531.66; Pharmchem, $885.05; Platinum Motor Sports, $430.15; RDO Equipment, $1173.20; Roughrider Electric, $1096.48; Sailer Septic, $135.00; Duane Scheurer, $216.65; Bradley Seifert, $100.44; South Central Dakota Region Council, $6800.00; SBM, $273.47; Staples Credit Plan, $406.34; Candy Strand, $55.19; Robert Strand, $55.00; Subway, $39.23; The Hub, $88.99; Verizon Wireless, $891.87; Warne Chemical, $813.16; WRT, $3043.75. All voted aye. Motion carried.

Murray moved to approve the Treasurer’s bills. Entze seconded. The following voucher was approved for payment: WRT, $90.26. Entze, Murray, Gunsch and Scheurer voted aye. Motion carried.

Jim Albers, Maintenance Engineer, met with the board to discuss landscaping quotes, air balancing, and the sewer grinder contract. Albers stated he had two (2) landscaping quotes; one from High Plains Concepts in the amount of $2,112.75 plus $80/hour for labor until the job is complete and the other from The Garden Mill in the amount of $3,776.20. Gunsch moved to award The Garden Mill the landscaping in the amount of $3,776.20. Murray seconded. Gunsch, Murray, Entze, Scheurer voted aye. Berger No. Motion carried.

Albers discussed the air balancing with the board stating the spec books states all air balancing should be done but the drawings do not show it. Albers noted Area A was balanced but Area C is really bad. Albers presented a bid in the amount of $30,500 from Air Dynamics. The areas that were not on the drawings would cost $14,500 to balance and to redo the areas already done would be an additional $16,000. State’s Attorney Binder stated she would review the specs and contract to see what the county is bound to. Albers stated he will have Air Dynamics come back at no cost to the county to check Area C and adjust.

Albers discussed the sewer grinder contract with the board stating the annual fee is $1,900 for two (2) years but can lock in at that rate for three (3) years. Albers noted the warranty is up on the sewer grinder in August and that is when the service contract would take effect. Gunsch moved to pay $1,900 per year for three (3) years for the sewer grinder contract. Murray seconded. Berger asked if Albers will get a written report after each yearly inspection and asked if the service contract included the cost of parts. Albers stated yes they would get a report of the routine check but the parts if necessary would be extra. All voted aye. Motion carried.

Sarah Flath, Environmental Manager with Coteau Properties, presented two petitions to the board. The petitions read as follows:

BEFORE THE BOARD OF

MERCER COUNTY COMMISSIONERS

IN THE MATTER OF THE APPLICATION )

OF THE COTEAU PROPERTIES COMPANY )

FOR AN ORDER TEMPORARILY CLOSING A ) PETITION FOR CLOSING

CERTAIN PUBLIC ROAD THAT INTERFERES ) A PUBLIC ROAD

WITH SURFACE COAL MINING OPERATIONS )

Pursuant to the provisions of Chapters 38-01-07.1 and 38-01-07.2, North Dakota Century Code, The Coteau Properties Company (“Petitioner”) states as follows:

 

  1. Petitioner is a surface coal mining operator with the right to conduct surface coal mining and reclamation operations on or in the vicinity of the lands hereinafter described.

 

  1. Petitioner requests that the road hereinafter described be temporarily closed due to the fact that such road interferes with the Petitioner’s conduct of surface coal mining and reclamation operations.

 

  1. Petitioner asserts that the road hereinafter described is not required due to readily accessible alternate routes of travel and the closing of such road does not deprive adjacent landowners access to their property.

 

  1. The road that Petitioner is requesting to be closed by virtue of this Petition is described as follows:

 

The section line road between the SW1/4 Section of 3 and the NW1/4 Section of 10, and the west 660 feet of the section line road between the SE1/4 of Section 3 and the NE1/4 of Section 10, Township 145 North, Range 88 West;

 

  1. After the completion of surface coal mining and reclamation operations, the Petitioner will restore the closed road to as good a condition as existed prior to the closing of such road to the extent required by the Board of Mercer County Commissioners.

WHEREFORE, Petitioner requests that the Board of Mercer County Commissioners set this matter for hearing and that thereafter Petitioner be granted the relief requested.

Dated this 20th day of June, 2018.

/s/ Sarah Flath, Environmental Manager

 

 

BEFORE THE BOARD OF

MERCER COUNTY COMMISSIONERS

IN THE MATTER OF THE APPLICATION )

OF THE COTEAU PROPERTIES COMPANY )

FOR AN ORDER PERMITTING SURFACE ) PETITION

COAL MINING OPERATIONS WITHIN 100 )

FEET OF THE OUTSIDE RIGHT-OF-WAY )

LINE AND WITHIN THE RIGHT-OF-WAY )

LINE OF A CERTAIN PUBLIC ROAD )

Pursuant to the provisions of Chapter 38-14.1-07(4), North Dakota Century Code and Chapter 69-05.2-04-01.1(3)(b), North Dakota Administrative Code, The Coteau Properties Company ("Petitioner") states as follows:

 

  1. Petitioner is a surface coal mining operator with the right to conduct surface coal mining and reclamation operations on or in the vicinity of the lands hereinafter described.

 

  1. Petitioner requests that the Board of Mercer County Commissioners permit and approve the conducting of surface coal mining operations by the Petitioner within 100 feet of the outside right-of-way line and within the right-of-way of the following public road:

The west side of County Road 15 located within the S1/2 Section of 3, Township 145 North, Range 88 West.

 

  1. Petitioner asserts that the interests of the public and the interests of affected landowners will be protected from the proposed mining operations.

WHEREFORE, Petitioner requests that the Board of Mercer County Commissioners set this matter for hearing and that thereafter Petitioner be granted the relief requested.

Dated this 20th day of June, 2018.

/s/ Sarah Flath, Environmental Manager

Gunsch moved to set the hearings on both petitions for Wednesday, July 18, 2018 at 10:45 AM. Entze seconded. All voted aye. Motion carried.

The board reviewed the monthly financial statement. No further action was taken.

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

Murray moved to approve the May Sheriff’s fees in the amount of $4451.64. Entze seconded. All voted aye. Motion carried.

Entze moved to approve the May Recorder’s fees in the amount of $4968.60. Berger seconded. All voted aye. Motion carried.

Gunsch moved to appoint Marvin Schwehr to a four (4) term to the Planning and Zoning Board beginning July 1, 2018. Murray seconded. All voted aye. Motion carried.

The board reviewed the NDSU Extension Highlights. No further action was taken.

Berger moved to approve Raffle Permit #2018-01 issued to Beulah Little People Preschool for a 50/50 raffle during the Dakota Walleye Classic. Gunsch seconded. All voted aye. Motion carried.

Berger, Entze, and Scheurer gave their portfolio updates. Murray and Gunsch had nothing to report.

Ken Miller, Road Superintendent, requested permission from the board to advertise and bid county wide patching and striping. Eric Urness, Interstate Engineering, stated he came up with an estimate of $287,253, which is $17,000 over what budget allows. Urness stated County 5 going into Golden Valley would be milled and receive a 2” overlay. Patching would also be done on County 26, 15, 20, and Cabin Site #1. Striping would be done on County 7, 5, Beaver Bay, 26, 21, 20, 27, all Cabin Site #1, Sakakawea Estates, and Fort Clark. Gunsch moved to give permission to advertise county patching and striping and set the bid letting date for July 18, 2018 at 10 AM. Berger seconded. All voted aye. Motion carried.

The board reviewed the outstanding road accounts. No further action was taken.

Urness updated the board on County 12 stating the silt is cleaned up and more erosion control was added. Urness noted there are a few bald spots but the county will haul gravel and charge Dakota Westmoreland for the gravel and labor.

The board recessed at 10:06 AM.

The board reconvened at 10:20 AM.

Colette Schilling, Tax Director/Land Use Administrator, discussed the Vanguard contract. Schilling stated the contract that was signed October 2015 was for $40,200 but with additional parcels it would be $56,350. Auditor Brost stated there was $84,000 budgeted in the technology fund for the new software system that will not be installed until 2019; therefore, the board could allocate a portion of those funds towards the Vanguard contract. Gunsch moved to amend the October 21, 2015 motion to approve the Vanguard contract in an amount not to exceed $60,000 from the technology fund. Murray seconded. Gunsch, Murray, Entze, Scheurer voted aye. Berger No. Motion carried.

John Vallely, President of the Bayview Heights Association, discussed services in their lake subdivision. State’s Attorney Binder stated she had been in contact with their lawyer last week and the association was looking to chip seal the road throughout the subdivision but would like the county to provide the mowing and snow removal up to the mailboxes. Vallely stated that was not 100% correct. Vallely added in the past four (4) years they have gotten no resolution and the road is continuing to disintegrate so the association entered into a contract to chip seal but with no help from the board it will be done under protest. Vallely noted they didn’t come to be confrontational but is asking for a resolution. State’s Attorney Binder stated according to the letter from the Corp of Engineers, yes Mercer County is to maintain the road at their discretion, but as for the chip seal itself the County has no obligation to pay for it. Luanna Fisketjon stated it was not just up to the mailboxes but the entire two (2) miles of road in the subdivision. Mike Massey added Binder stated the maintenance of the road is up to the discretion of the county and he believes chip sealing would be considered maintenance. Binder stated the county is required to maintain to a smooth surface and gravel is a much cheaper option. Gunsch stated the county motor graders are too large for the road in the subdivision, adding there are 27 subdivisions in Mercer County and the county cannot do this for all of them. Fisketjon stated the county built the road going through their subdivision so it is an entirely different situation than the other subdivisions. Vallely stated the estimate for the chip seal is $40,000, which is just a fraction of the taxes collected over the last 15 years. Entze noted the county does not receive all the taxes they pay. Vallely stated he came to get closure and move on, asking for everything they can get. Gunsch moved to deny the request due to a lack of funds for a chip seal, grass cutting, and snow removal. Murray seconded. Berger asked the board where the county would be without these people’s taxes. Gunsch asked where the county is going to find the money for the other 680 miles of unorganized roads. Entze stated the county has 27 subdivisions and what you do for one you have to do for everyone which is why it makes it tough to sit on this side of the table and pick and choose who gets services. Gunsch, Murray and Scheurer voted aye. Berger and Entze no. Motion carried.

Entze asked if the motor grader can go down their road without hitting obstacles. Fisketjon replied it could and it has. Entze stated if the county can get in and get out without damage, it is something they should do. Vallely stated before they paved 15 years ago, the county came in, placed gravel, and bladed all the time and now they get nothing; adding, there needs to be give and take. Miller stated his concern is the fear of tearing up the road. Miller noted if the road was not built to county specs, the large equipment may tear the road up. Fisketjon stated this conversation started four (4) years ago due to lack of consistency and since their taxes have doubled they have a level of expectations. Gunsch moved to approve grass cutting twice a year for Apache Loop and Sioux Drive and snow removal as needed for Arikara Lane, Apache Loop, and Sioux Drive. Murray seconded. All voted aye. Motion carried.

There being no further business the meeting was adjourned at 11:19 AM. The next regular meeting is scheduled for July 9, 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