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Mercer County Commission
Minutes
July 16, 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 July 2nd meeting as presented. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve payment of bills in the total amount of $69,751.24. 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.
Gary Emter, Tax Equalization Director, presented an application for abatement of taxes as filed by Melvin Schlafman for 2007 and 2008 calendar years, which has been reviewed and appears to be in order. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the application for abatement of property taxes as filed by Mr. Schlafman. All members voted “Aye”, motion carried. Emter then asked the commission to consider transferring the Chevy Tahoe to his department for his use. This will be considered by the commission at budget hearings.
Richard Sorenson, Public Administrator, presented zoning issues for the commission’s consideration. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Statement of Zoning Exemption #08-07-03 of Keith Gietzen for electrical service for livestock well within the SE1/4 of Section 21, T141N R88W. All members voted “Aye”, motion carried. Sorenson also informed the commission that the City of Stanton has recommended Ron Boyko to represent Stanton on the Planning/Zoning Board. Motion made by Commissioner Entze, second by Commissioner Bitterman to appoint Ron Boyko to the Planning/Zoning Board. All members voted “Aye”, motion carried. Sorenson also informed the commission that The Local Emergency Planning Committee will be meeting with representatives of the Coyote Plant in September to plan a training exercise to be held in October.
Mike Powell, Mercer County Regional Landfill, met with the commission with regard to the salary review for him and James Albers, Building Maintenance. Commissioner Bitterman indicated that he visited with Powell about this some time ago and indicated there should be a good review of the landfill operations. Chairman Latimer suggested looking at this further as part of the 2009 budget. Commissioner Bitterman also wanted it known that Albers has done an outstanding job and Powell has been on top of a lot of projects and he is looking forward to see how the bank stabilization project progresses. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the $.45/hour salary adjustments for Powell and Albers as suggested during the 2008 budget process. Upon discussion Chairman Latimer asked that this be reviewed again at year end. All members voted “Aye”, motion carried.
The commission addressed concerns relating to damage to the road accessing Beaver Bay. Chairman Latimer asked how the county can protect itself and get this road back to at least the same condition it is currently in. James Johnson, State’s Attorney, indicated there was not an easy answer to their concerns. The county could bring some sort of claim against them, but all roads deteriorate. Chairman Latimer asked if there could be some type of agreement with the developer to address repairs. Attorney Johnson indicated he did not think this could be done due to normal roadway deterioration. Commissioner Entze asked why county tax payers should be asked to pay to repair the road damages. Commissioner Bitterman asked Attorney Johnson to check into the matter further. Chairman Latimer also asked Attorney Johnson to write a letter to Mr. Dale Little Soldier requesting he meet with the commission to address these concerns.
The commission reviewed the quarterly narrative reports of the County Nurse and the Superintendent of Schools. No further action taken.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the June Sheriff’s Fee Report of $14,631.00. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the June Recorder’s Fee Report of $12,541.20. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve daily off/on sale beer and off/on sale liquor license application and license as requested by the Nite Owl Bar for the dates of July 25th and 26th. All members voted “Aye”, motion carried.
The commission reviewed the outstanding road accounts report. It was requested that State’s Attorney Johnson prepare letters to Wittmaier and Schutt requesting payment.
The commission reviewed the monthly financial statements. No further action taken.
The commission reviewed the monthly NDSU Extension Highlights report. No further action taken.
The commission asked that preliminary department budget meetings be scheduled at noon starting after the next regular meeting on August 6th, to continue on regular meeting dates until completed.
The commission reviewed road issues with Roy Braun, Highway Department superintendent, and Steve Mamer, Interstate Engineering. Commissioner Bitterman inquired as to the Beaver Bay Road. Mamer thought that there had been an agreement reached, some time ago, to repair/reconstruct the roadway if damaged. The auditor’s office will find the document referred to and get copies to commission and state’s attorney. Mamer also informed the commission that the control points, installed on the roadway in question, had been removed again. Other options if re-staked would be to set stakes in concrete or to cast a monument.
Chairman Latimer informed Braun that he is aware of someone interested in purchasing approximately 300 tons of recycled pavements from the county and would like to verify the price and availability. Braun indicated the current price is $7.49/ton, but he was not sure of the quantity available. Braun calculated it would take roughly 20 loads. Commissioner Entze reminded everyone that there is demand for this material. Motion made by Commissioner Bitterman, second by Commissioner Entze to inform the party requesting information of the price at $7.49/ton. All members voted “Aye”, motion carried. Chairman Latimer informed that an individual has been having problems with damage to a mailbox along a county road. Braun was instructed to review the matter and address it with the property owner. Commissioner Bitterman commended Braun and the highway department staff for the good work maintaining county road 20. Braun drove it today and said there were a few bad spots that will be addressed yet this week. Commissioner Bitterman also asked if arrangements had been finalized to take water from the Knife River or Spring Creek for road maintenance. Permits have been submitted but no response as yet. 45 mph speed limit signs have been received and they will begin putting this up on County Road 5 and County Road 7.
Mamer presented an agreement for engineering services between Mercer County and Interstate Engineering to design portions of unnumbered routes for the expansion of Dakota Westmoreland Mine areas south and west of Beulah. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the agreement as presented by Interstate Engineering. All members voted “Aye”, motion carried.
Mamer then informed the commission of the meeting with the Water Resource Board on July 10th in reference to the bank stabilization project near Renner Bay. This will be covered later at the time referred to in the agenda.
Mamer then informed the commission of a notice received from Dakota Gasification Company with regard to updating the layout of plant access. Initial plans for the access included a stop light, according to Mamer. A meeting will be scheduled with DGC representatives to address the concerns.
The meeting was recessed at 10:39 AM MT.
The meeting reconvened at 11:00 AM MT with all members present.
Mike Powell, Landfill, and Phil Brown, US Army Corps of Engineers, met with the commission with regard to Renner Bay and the bank stabilization needs as discussed at previous meetings. Greg Lange, Water Resource, was unable to attend the meeting. Powell indicated he has spoken to ND Game & Fish representatives and has been issued a special use permit for: “Establishment of a borrow area to be used for reshaping the road ditch after removing numerous junk cars from the WMA and adjacent COE lands below 1850 MSL. Land shall be reshaped to a gradual slope and reseeded to a native grass mixture provided by the NDGFD. All topsoil shall be stockpiled and replaced on the surface prior to seeding. On site meetings to be held prior to work beginning and after reclamation work has been completed. Total fill needed approximately 1500 cubic yards. Cultured clearance shall be provided by the COE prior to work beginning. Avoid native trees and shrubs during the dirt work.” Powell also indicated that he had spoken to representatives of The Coteau Properties Company about use of equipment to assist in the project. Brown indicated that the Corps of Engineers would need 30-60 days to take care of procedural matters and would need to review design specifications prior to action. Brown agreed that it would not be an issue for the county to remove the cars however Commissioner Bitterman voiced concerns as to what might be exposed upon the cars removal and to proceed cautiously. Dave Lundstrom, County Sanitarian, reminded those present that there are approximately 30 jars in the area in question and other debris as well. When discussion turned to water returning to previous levels in the area it was agreed that a culvert in the area would have to be extended. It was determined the information would be shared further with ND Game & Fish Department to try and get the project started soon.
Gary Emter, Tax Equalization Director, informed the commission that he had been contacted by representatives of the Three Affiliated Tribes indicating they would not be able to appear today at 1:00 PM as indicated on the agenda. Emter will contact the Three Affiliated Tribes and arrange another suitable time to meet.
There being no further business before the commission, on motion duly made and seconded the meeting was adjourned at 11:25 AM MT.
The next regular meeting of the commission will be August 6, 2008, at the Mercer County Courthouse, Stanton, North Dakota.

Approved: ____________________________
Lyle L. Latimer, Chairman

Attest: ______________________________
Monte J. Erhardt, Auditor
 

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