minutes

Mercer County Commission
Minutes
September 17, 2008

The meeting was called to order at 9:02 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 amended. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the minutes of the September 3, 2008 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 $46,612.17. 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.
Jim Albers, Risk Manager, informed the commission that approximately 49 employees would be interested in receiving flu shots, if offered at county expense. The Custer Health would administer the vaccinations at the courthouse during the month of October. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve offering flu shots to county employees at county expense. All members voted “Aye”, motion carried. Albers also informed the commission that a fire drill was conducted at the courthouse on September 16th and the result was good with only a few minor areas to be addressed. Albers also presented evacuation plans to the commission for review.
Richard Sorenson, Land Use Administrator, presented zoning cases to the commission. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Temporary Use Permit Number 397, as requested by Patrick Jensen, Aggregate Manager, issued to Knife River North Central for gravel excavation, crushing, stockpiling and hauling of material within the S1/2 of the S1/2 of Section 26, T144N, R84 W, Mercer County, work limited to daylight hours with the following conditions: 1) Area disturbed under this temporary use permit must be reclaimed and released by County Highway Superintendent, 2) Haul road must be approved and released by County Highway Superintendent, 3) The permit holder shall control dust and weeds, in an acceptable manner, during the time this permit is in effect, 4) The permit holder, when this project is complete, shall seed the area disturbed under this permit. Permit to expire September 30, 2009. All members voted “Aye”, motion carried. Jensen then assured commission he would maintain contact with the adjacent property owners to keep them informed of work activities. The commission also requested Jensen contact them if any of the material is to be used on any property or projects in Mercer County.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Statement of Zoning Exemption #08-09-01 as requested by Gerald Bieber for electrical service for livestock well located within the SE1/4 of Section 5, T143N, R89W. All members voted “Aye”, motion carried.
Renee Lindemann and Lani Meyhoff, Mercer County Historical Society, met with the commission to request historical society buildings and insurable fixtures be included under the county Fire and Tornado Policy. Based on a re-evaluation of the property and its value the premium for insurance increased greatly and they were told they could include the property under the county policy at a savings. Motion made by Commissioner Entze, second by Commissioner Bitterman to include the historical society buildings and allowable property under the county’s State Fire and Tornado Fund insurance, with the historical society to reimburse the county the actual premium amount once determined. All members voted “Aye”, motion carried.
Gary Emter, representing the Hazen Parks and Recreation Board, met with the commission in reference to the Hazen Bay Project. Hazen Parks and Recreation will be interested in purchasing gravel and recycled asphalt for the project. Gravel will be readily available, though the haul may be a distance, asphalt is in less of a supply so Chairman Latimer suggested they determine the areas of most need and this can be addressed then before next year’s camping season. Emter then also addressed the commission with regard to contact from Ms. Bonnie Good Bird of the Three Affiliated Tribes had contacted him with regard to the Mahto Bay Access issue. She will be trying to schedule a meeting with the commission in the very near future either in Stanton as part of the regular meeting or as part of an upcoming Tribal Council meeting. Emter then informed the commission that he had been contacted by a representative of the Mahto Bay Cabin Owners Association requesting maintenance of the access road. Commissioner Entze agreed this should be done as any other area, two times per year or as requested. Commissioner Bitterman expressed concerns of crossing tribal lands that are not under some type of easement. State’s Attorney, James Johnson, agreed that if no easement exists the county should not conduct maintenance or in the alternative the commission could request approval from the Three Affiliated Tribes to conduct maintenance on the roadway. Motion made by Commissioner Bitterman, second by Commissioner Entze to send letter to Chairman Marcus Wells Jr of the Three Affiliated Tribes requesting written permission to do maintenance on tribal roadway, accessing Mahto Bay, not covered by easement. All members voted “Aye”, motion carried.
The commission addressed road issues with Roy Braun, Mercer County Highway Superintendent, and Steve Mamer, Interstate Engineering. Chairman Latimer informed Braun that there are areas of County Road 37 where the pavement appears to be breaking up. Braun and Mamer will review these areas and will attempt to address them this fall when the paving contractor is in the area. Braun informed the commission that the tracks recently uncovered crossing County Road 20 near the old Indianhead Mine site had to be re-covered as the plank in the crossing had rotted away causing damage to a vehicle tire. The railroad will have to address this crossing prior to its use. Braun informed the commission that he has not been contacted by oil contractors with regard to an upcoming bid letting and road issues in southwest Mercer County. Commissioner Bitterman asked Braun to keep an eye on these matters to make sure road maintenance issues are addressed in a timely manner. Braun informed the commission that limited gravel was crushed at the Welk pit due to high moisture problems. They will need to address this issue more in the spring and may consider construction of a dug-out on the property to alleviate the problem. Mamer informed the commission that he had reviewed the bridge structure on County Road 17, cut across from Highway 200 to County Road 20 near the former Indianhead Mine site and it may require a box structure to handle proposed traffic if the planned venture for an oil depot proceeds. The commission had concerns with cost of a box structure as the roadway handles the current traffic load without need for change, and they would like some form of agreement for cost share should a different structure be required to handle increased truck/tanker traffic. Mamer also informed the commission that he is continuing to work with Mr. Brown, US Army Corps of Engineers, to complete and file necessary permits with regard to the Renner Bay bank stabilization matter. Mamer also informed the commission that an agreement has been signed with Dakota Gasification Company with regard to plans to re-design the entrance and exit access for safety concerns. Dakota Gas will reimburse all costs related to the plans.
The commission recessed at 10:58 AM MT.
The commission reconvened at 11:11 AM MT with Chairman Latimer and Commissioner Entze present.
Motion made by Commissioner Entze, Chairman Latimer vacated the chair to second to approve August Sheriff’s Fee Report in the amount of $19,557.00. Commissioner Bitterman rejoined the meeting at 11:12 AM MT and was informed of the motion on the floor. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the August Recorder’s Fee Report in the amount of $9,829.54. 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. Auditor Erhardt will check the status of one account and if necessary State’s Attorney Johnson will prepare a letter requesting payment.
Motion made by Commissioner Bitterman, second by Commissioner Entze to set compensation rates for the Mercer County Weed Board at $45/member/meeting for 2009 as requested by Weed Board Chairman Schlender. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to publish preliminary budget and set public hearing with respect to budget on October 1, 2008 at 10:00 AM MT in the Mercer County Courthouse, Stanton. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze authorizing the Mercer County Treasurer to cancel un-cashed check #49176 issued March 10, 2006 to Austin West in the amount of $10 and send this amount to the unclaimed property division of the State Land Department. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to appoint Donna Hanson and Scott Schields as election inspectors for the 2008 Mercer County General Election and to set compensation rates for the election board as follows: Election Inspectors $9.00/hr, Election Judges $8.50/hr and Election Clerks $8.20/hr. All members voted “Aye”, motion carried.
The commission individually reviewed and signed letter drafted to the Mercer County Landfill with regard to inspection concerns.
There being no further business before the commission, on motion duly made and seconded the meeting was adjourned at 11:38 AM MT.
The next regular meeting of the commission will be October 1, 2008, at the Mercer County Courthouse, Stanton, North Dakota.

Approved: ____________________________
Lyle L. Latimer, Chairman

Attest: ______________________________
Monte J. Erhardt, Auditor