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Mercer County Commission
Minutes
April 16, 2008


The meeting was called to order at 9:00 AM MT by Chairman Latimer with all members present, including Commissioner Bitterman and Commissioner Entze.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the agenda as presented. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the minutes of the April 2nd meeting as presented. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the payment of bills in the total amount of $68,807.46. All members voted “Aye”, motion carried. A detailed list of expenditures by check is available for review at the Auditor’s Office during regular business hours.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the March Sheriff’s Fee Report in the amount of $18,843.75. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the march Recorder’s Fee Report in the amount of $14,758.46. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the liquor license application of Mel Roth for Hazen Bay Express, semi-annual off-sale beer with Sunday opening. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the liquor license application of Kit Henegar, Captain Kit’s DBA Lago Vista Cantina, annual on-sale beer. All members voted “Aye”, motion carried.
The commission reviewed the monthly NDSU Extension Highlights. No further action taken.
The commission reviewed the outstanding road accounts report. One account is approaching six months with no payment activity. This may be addressed further at the next meeting.
The commission reviewed the monthly financial statements. No further action taken.
The commission reviewed the written quarterly reports of the County Health Nurse and Superintendent of Schools. No further action taken.
The commission reviewed proposed election board compensation amounts and comparisons from neighboring counties for the 2008 Primary Election. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve election board compensation at the rate of $7.25/hour for election clerks, $8.50/hour for election judges, and $9.00/hour for election inspectors. Compensation will be reduced for anyone who does not attend the training session as required. All members voted “Aye”, motion carried.
Richard Sorenson, Public Administrator, reviewed zoning matters with the commission. Paula Gores, Dakota Westmoreland Corporation, appeared before the commission to answer questions that may arise and display detailed maps regarding a temporary use permit application. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Temporary Use Permit Number 402 to Dakota Westmoreland Corporation for installation of ground monitoring wells, as required by the Public Service Commission, located in Sections 21 and Section 22, T143N, Range 88W. Three sites will include three wells at each with work limited to daylight hours, and when no longer in use all wells to be filled and reclaimed in accordance with state mining regulations. Permit expires when the wells are no longer required by the Public Service Commission. All members voted “Aye”, motion carried. Ms. Gores will be attending upcoming meetings to present setback waiver requests and other matters as they arise.
The commission received an appraisal report with regards to possible easement purchase. The report will be reviewed and if the matter is to be pursued further the next step would be to prepare deeds for presentation to affected property owners.
The commission was informed that the Conferment of Benefits from the ND Insurance Reserve Fund has been received in the amount of $22,584.00 based on premium, length of membership and claimed losses.
Motion made by Commissioner Bitterman, second by Commissioner Entze to amend the 2006 Sheriff’s Game & Fish Budget in the amount of $2,174 to maintain compliance with the ND Century Code. Expenditures exceeded appropriations as a result of increased contributions and costs to the program.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Resolution Authorizing Intergovernmental Agreement and Intergovernmental Agreement between McLean County, Mercer County, the City of Underwood, and Stutsman County at the request of Great River Energy for purpose of issuing bonds to refinance the costs of several projects. The agreement was approved by McLean County on April 15, 2008. All members voted “Aye”, motion carried. The resolution and agreement are filed in the office of the County Auditor and are available for review during regular business hours.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve two (2) Quit Claim Deeds conveying property taken by county tax deed to the City of Beulah at a cost of $1.00 per parcel. Property is described as Lot 4, Blk 7 Prairie Hills 3rd Addition to Beulah and Lot 5, Blk 5, Prairie Hills 3rd Addition to Beulah. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to open the public hearing requested by Basin Electric Power Cooperative as required by the Tax Equity and Fiscal Responsibility Act relating to bond issuance. All members voted “Aye”, motion carried. Mark Foss, Attorney for Basin Electric Power Cooperative, appeared to request the commission consider a Resolution Approving the Issuance of Bonds. No public comments were received. Mr. Foss indicated a definite time frame has not been established to issue the bonds due to volatile market conditions. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the Resolution Approving Issuance of Bonds as requested by Basin Electric Power Cooperative. All members voted “Aye”, motion carried. The resolution is filed in the office of the County Auditor and is available for public review anytime during normal business hours. Motion made by Commissioner Entze, second by Commissioner Bitterman to close the public hearing. All members voted “Aye”, motion carried.
The commission recessed at 10:08 AM MT.
The commission reconvened at 10:23 AM MT with all members present.
The commission reviewed road issues with Roy Braun, Highway Department Superintendent, Joe Retterath, Highway Department Project Manager, and Steve Mamer, Interstate Engineering. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Utility Occupancy Application and Permit #1122(08) of West River Telecommunications for bored installation of telecommunication facilities to a new house 71st Ave NW. All members voted “Aye”, motion carried. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Utility Occupancy Application and Permit #1123(08) of Roughrider Electric Cooperative for installation of underground line on through 8th Street SW approximately 4 miles west of Beulah. All members voted “Aye”, motion carried. Braun estimated approximately one more week for the crews to finish tarring the county highways and they would then address repairs to the Schields Bridge as the new plank has arrived. Braun also informed the commission of a letter received from the Coteau Properties Company regarding an upcoming application for bond release of areas of T145N, R86W, and the opinion and acceptance of matters required by the Public Service Commission. This matter will be reviewed in more detail in the future. Retterath informed the commission he has been watching the vehicle market for a truck/tractor-tanker for water purposes. The commission asked him to keep watching and that he specifically watches for anything with a 6000 gallon capacity or greater. Chairman Latimer asked Braun to review the cemetery property maintained by the county for maintenance prior to the upcoming Memorial Day holiday. Mamer addressed the commission with concerns relating to the recent fire which did damage to the building housing county radio equipment. He asked the commission to consider some type of scoria/gravel buffer zone around the building to try to avoid similar damage in the future. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the County Township Road Mileage Certification of 419 miles of “unorganized” township miles. All members voted “Aye”, motion carried.
Joe Friedlander, Jim Melchior, and Jerry Becker, The Coteau Properties Company, met with the commission to update them on the upcoming movement of the dragline from the north mine area to the west mine area. The planned move will cause County Road 15 to be closed to through traffic from approximately May 9th – 13th. The dragline then is proposed to cross County Road 26 from May 15th – 19th however a detour route will be established for this proposed road crossing. Coteau has been making contact with affected landowners and is publicly noticing all individuals of the proposed road crossings and its effects on travel. Coteau will work with the county to make sure necessary repairs to the roadways are completed as soon as possible after the dragline has crossed.
There being no further business before the commission, on motion duly made and seconded the meeting was adjourned at 11:28 AM MT.
The next regular meeting of the commission will be May 7, 2008, at the Mercer County Courthouse, Stanton, North Dakota.

Approved: ____________________________
Lyle L. Latimer, Chairman

Attest: ______________________________
Monte J. Erhardt, Auditor
 

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