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Mercer County Commission
Minutes
August 6, 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 July 16th meeting as presented. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve payment of bills in the total amount of $247,556.94. 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.
Donna Buchmann, Mercer County Fair Board, met with the commission to request a letter of assurance necessary to secure loan funds for expenses related to the 2008 County Fair. The loan is necessary due to a decrease of income proceeds from this year’s carnival. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the letter of assurance to assist the Mercer County Fair Board in securing loan funds. All members voted “Aye”, motion carried.
Mike Powell, Landfill Supervisor, reviewed the monthly landfill report which includes 18.17 tons/day average for 23 working days or 13.48 tons/day average for 31 calendar days. Waste received by the landfill is down from the same period in 2007.
Michelle Sailer presented zoning cases on behalf of the Public Administrator’s Office. Motion made by Commissioner Bitterman to approve Certificate of Approval of a Conditional Use #08-07-01 to Badlands Cellular of North Dakota for installation of a wireless communications tower and related facilities on 100’ x 100’ of land leased from Jolene M. Rust and located approximately 9 miles south of Beulah, conditioned on installation meeting FCC and FAA Regulations, the applicant is responsible for maintenance of approach and access road, and the tower and buildings are located a minimum of 200 feet from the county road centerline, as recommended for approval by the planning commission on July 17th. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Certificate of Approval of a Conditional Use #08-07-02 to Randy Maas for Non-Farm Residence located on a parcel approximately 5 acres in size described as the N1/2 of the NE1/4 of the NE1/4 of the NE1/4 of Section 26, T145N, R86W, subject to existing well and new septic system being approved by the County Sanitarian and present and future owners being responsible for snow removal and maintenance of site private access roads, as recommended for approval by the planning commission on July 17th. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Temporary Use Permit Number 404, expiring December 31, 2008 to The Coteau Properties company for Test Hole Drilling located Section 3, T144N, R88W; Sections 25, 26 & 36, T145N, R88W; Sections 21, 28 & 34, T146N, R87W; Sections 33, 34, 35 & 36, T146N, R86W; and Sections 1, 2, 3, 11 & 12, T145N, R86W, with work to be limited to daylight hours and all test holes to be filled and reclaimed in accordance with state mining regulations. All members voted “Aye”, motion carried.
Jim Johnson, State’s Attorney, addressed a letter he had received with regard to the City of Stanton naming an alternate representative for Mr. Boyko on the Planning/Zoning Commission. Johnson indicated this is acceptable, and the city may designate an alternate if they so choose. A letter will be prepared informing the city of the option to appoint an alternate to ensure proper representation at meetings of the Planning/Zoning Commission.
Sailer also informed the commission that she had received a request from Hazen Fire Chief, Tom Beery, to withdraw from the SW Regional Response Advisory Committee. Beery suggested Assistant Fire Chief, Dan Wettstein, as a qualified replacement. This matter will be addressed at the next meeting of the commission when Emergency Manager Sorenson is present.
Craig Askim, County Agent, and Cindy Entze, Administrative Assistant, met with the commission to discuss the 2009 budget, as well as the need for the part-time secretary position that was recently vacated. With regard to the budget Askim requests $.35/hour increase for the Administrative Assistant and Part-Time Position, if continued. The compensation of the County Agent and Home Economist has not been finalized but estimated information was provided. Askim also asked the commission to consider slight increases in travel/per diem and postage lines due to increased costs. Askim then presented information as to the duties and responsibilities of the part-time secretary and asked the commission to continue the 16 hour per week position so as not to compromise any services currently offered by the Extension Office. Motion made by Commissioner Entze, second by Commissioner Bitterman to advertise for the position of a part-time secretary to be hired by the County Agent with a proposed employment start date of October 1, 2008. Upon discussion it was agreed the position would be posted internally/publicly simultaneously. All members voted “Aye”, motion carried. Motion made by Commissioner Bitterman, second by Commissioner Entze to set starting wage of the part-time position at $8.50/hour, to be reviewed after three (3) months of employment for consideration of increase as part of the 2009 budget. All members voted “Aye”, motion carried. The commission reviewed a draft of the listing to be posted.
Dave Lundstrom, County Sanitarian, and Roy Braun, Highway Department Superintendent, met with the commission to discuss a request for assistance in clean up of tires between Zap and Golden Valley. Lundstrom informed the commission that tires of value will be salvaged by the property owner, but the proposal for the other tires is to move them into a trench silo on the property, while this is an improvement of the current situation it is not a permanent solution. Tires are considered inert material and a variance could be obtained to dispose of the tires properly. The commission asked Lundstrom and Braun to determine some costs to assist the property owner in cleaning up the tires on a shared basis.
Roy Braun, Highway Department Superintendent, and Steve Mamer, Interstate Engineering, appeared to review road issues with the commission. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Utility Occupancy Application and Permit #1129-08 of West River Telecommunications for Boring of Fiber Cable under County Road 25 SW of Beulah. All members voted “Aye”, motion carried. Braun received an offer of settlement of judgment for past due account from the estate of the principal owner of M&K Welding who passed away in August of 2007. The settlement is for 60% of the original judgment amount of $128.21. State’s Attorney Johnson reviewed the information and recommended acceptance of the offer as the company has since gone through bankruptcy and is no longer in business. Motion made by Commissioner Bitterman, second by Commissioner Entze to accept the settlement offer of 60% of the Estate of Lyle Myrheim, deceased, in satisfaction of judgment #29-05-S-67. All members voted “Aye”, motion carried.
Braun informed the commission that he will be receiving grant funds to address communication needs at the county shop. Chairman Latimer informed Braun that he had received a request for maintenance in an area of The Rolling Hills Subdivision and he would like Braun to prepare an estimate for maintenance work. Chairman Latimer also asked Braun to address downed trees as part of the fall work assignments.
Commissioner Bitterman suggested a policy be developed to promote uniformity in dealing with section line maintenance for agricultural purposes and setting some form of limits by which anything up to a certain point can be addressed without need of commission approval, but anything exceeding these limits would be addressed and approved by the commission at regular meeting. Commissioner Bitterman suggested a limit of six (6) loads of aggregate or something similar, and would like Braun to develop such a policy for the commission’s approval. Some recent work seemed quite extensive and not all of the commissioners were aware it was being done, and such a policy would prevent this in the future.
Braun also informed the commission that he is working on specs for bidding of a track type dozer for county purchase. The dozer will assist in preparing material for crushing as well as construction projects that excavation had to previously be bid outside of the highway department.
Mamer informed the commission that he is continuing to work with the US Army Corps of Engineers with regard to the bank stabilization near Renner Bay. Mamer is also continuing to work on the right-of-way plat for road work north of Hazen.
The commission recessed at 11:00 AM MT waiting for representatives of The Three Affiliated Tribes to arrive for the Mahto Bay update.
The commission reconvened at 11:26 AM MT with all members present. Representatives of the Three Affiliated Tribes had not arrived and no contact had been received as to why they were not available.
The commission reviewed the monthly risk management report. No further action taken.
The commission reviewed the annual report of the Mercer County Housing Authority. Motion made by Commissioner Bitterman, second by Commissioner Entze to accept the Mercer County Housing Authority Annual Report and Audit Report. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to accept the July Sheriff’s Fee Report of $12,127.50. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to accept the July Recorder’s Fee Report of $15,428.74. All members voted “Aye”, motion carried.
The commission recessed at 11:32 AM MT.
The commission reconvened at 12:32 PM MT with all members present for the purpose of conducting preliminary budget meetings with the various county departments and taxing districts.
Beth Bruestle, McLean-Mercer Regional Library, presented the 2009 budget as approved by the Board on June 30, 2008. Library revenues are estimated at $94,930 in Mercer County with total estimated revenue of $263,239.66. Expenditures for 2009 are estimated at $270,763.04 up from $250,800.16 budgeted for 2008. Increased expenditures are expected in salary, bookmobile expenses, library materials, and computer purchases, as well as others. Salaries approved by the McLean-Mercer Regional Library include a 5% increase for 2009.
Dawn Martin, Mercer County Soil Conservation District, presented the 2009 budget as approved and certified on June 25, 2008. Estimated revenues are $121,750 for 2009 with estimated expenditures of $142,660.00. Martin informed the commission that some of the fees charged by the District will be increased slightly this year to offset rising costs. Of the expenditures, minimal increases are necessary. Martin also informed the commission that the District will again lease the equipment used for tree planting.
Gerald Beck, Veteran Services Office, presented the 2009 budget, with a $.35/hour increase requested for wages. Overall the budget for veteran services office, if approved as requested, would increase by $100 for 2009.
Gary Emter, Tax Equalization Director, presented the 2009 budget, with a $1.00/hour increase requested for wages. Emter also asked the commission to consider placing the vehicle he has been allowed to use for the past 4 months into his inventory. If approved he would adjust the travel/per diem budget and include a budget for fuel and maintenance of the vehicle. Overall the budget for the tax equalization office, if approved as requested, would increase by $5082 for 2009.
The commission also inquired if Emter had received any contact from representatives of The Three Affiliated Tribes with regard to the earlier agenda item. Emter informed the commission that he had not received any contact, he was then requested to assist the auditor in preparing a letter to Tribal Chairman Wells to facilitate a meeting reference Mahto Bay access issues.
Mike Powell, Mercer County Regional Landfill, presented the 2009 budget, with a $.35/hour increase requested for wages. Based on lower levels of income, from reduced amounts of waste being received, the commission asked Powell to review his budget to find areas of expenditures that can be reduced prior to finalizing the landfill budget.
The commission recessed at 2:27 PM MT.
The commission reconvened at 2:33 PM MT with all members present.
Each commissioner reviewed their budget for 2009, with an increase in wages equivalent to $.35/hour. The commissioners all request an increase in travel/per diem and membership/license line items for 2009. If approved as reviewed the budgets would increase by $740 to $1120 for 2009.
Steve Reiser, Dakota Central Social Services, presented the 2009 budget, with a 4% increase calculated for wages. Reiser explained to the commission that with the implementation of the Dakota Central Social Services previous employees remained county employees and any new employees would become employees of Dakota Central Social Services and the cost of such employment distributed among the four (4) participating counties. In 2009 it is anticipated Mercer County will continue to have eight (8) employees and Dakota Central is anticipated to have ten (10) employees. Reiser estimates total 2009 revenue of $344,775.00 and a total expense budget of $756,775.00. Mercer County’s share of the budget is estimated at $427,475.00 for wages, benefits and travel, with another $165,000.00 estimated as Mercer County’s share of Dakota Central’s expenses for a Mercer County total of $592,475.00 in 2009 up $22,575.00 from the 2008 budget.
There being no further business before the commission, on motion duly made and seconded the meeting was adjourned at 3:34 PM MT.
The next regular meeting of the commission will be August 20, 2008, at the Mercer County Courthouse, Stanton, North Dakota.

Approved: ____________________________
Lyle L. Latimer, Chairman

Attest: ______________________________
Monte J. Erhardt, Auditor
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