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Mercer County Commission
Minutes
May 21, 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 corrections. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the minutes of May 7, 2008 as presented. All members voted “Aye”, motion carried.
Sheriff Danzeisen met with the commission to discuss the fire restrictions currently in effect for Mercer County, requesting a change of the stage of restrictions to Stage I for the Zone 1 area north of Highway 1806. A Stage I fire restriction would allow for camp fires in approved camping areas with mowed grass and available water supplies, specifically Beulah Bay, Dakota Waters, Hazen Bay and the State Park. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Stage II fire restrictions for all areas south of Highway 1806, and Stage I fire restrictions for the area north of Highway 1806 and will allow for open fires in designated camping areas of Beulah Bay, Dakota Waters, Hazen Bay and the State Park. All members voted “Aye”, motion carried.
The commission then considered continuation of the agreement with Centre, Inc for community service supervision. Sheriff Danzeisen, Clerk of Court Knutson, and Auditor Erhardt met, as requested by the commission, to consider the agreement and recommend the county not renew the agreement and instead conduct supervision of community service using current county staff and resources. The necessary paperwork is being developed for use by sentenced offenders and will be available by the end of the month. Motion made by Commissioner Bitterman, second by Commissioner Entze to conduct supervision of offenders sentenced to complete community service with county resources effective July 1, 2008 and to notify Centre, Inc of the commission’s decision. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the jail agreement with Emmons County for housing of sentenced offenders in Mercer County. 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 $27,591.53. 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.
Linda Terfehr, West River Telecom, met with the commission and presented a capital credit check in the amount of $4,710.05. Terfehr also presented the annual report to the commission and asked if there were any questions she could address. Commissioner Bitterman asked if there are any plans to increase the number of Verizon towers in Mercer County. Terfehr indicated that another tower will be active in the area south of Hazen. Terfehr also informed the commission that changes are being made to improve long distance calling and that if anyone experiences problems they are to notify West River Telecom.
Richard Sorenson, Public Administrator, met with the commission to present zoning cases.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Certificate of Approval of a Conditional Use Zoning Case #08-05-01 to Mr. & Mrs. Jerry West for Non-Farm Residence approximately 2 ½ acres in size described as the SW1/4 of the SW1/4 of the SW1/4 of the SE1/4 of Section 10, T145N, R88W conditioned upon approval subject to well and septic system being approved by the County Sanitarian and to present and future owners being responsible for snow removal and maintenance of site private access roads, as recommended for approval by P/Z on May 15, 2008. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Certificate of Approval of a Conditional Use Zoning Case #08-05-04 to Mr. & Mrs. Mitch Weigum for Non-Farm Residence approximately 10 acres in size described as the NW1/4 of the NW1/4 of the SE1/4 of Section 32, T145N, R88W conditioned upon approval subject to well and septic system being approved by the County Sanitarian and to present and future owners being responsible for snow removal and maintenance of site private access roads, as recommended for approval by P/Z on May 15, 2008. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Statement of Approval of a Variance Zoning Case #08-05-05 to Pat Galvin to construct a new detached garage 16’ x 24’ in size upon Lot 21 Lake Sakakawea Estates within 5 feet of the east side yard lot line which is common to the west side lot line of Lot 19, applicant and owners of adjacent Lot 19 to work out private concerns regarding planting of hedge or installation of new fence, as recommended for approval by P/Z on May 15, 2008. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Statement of Zoning Exemption Case #08-05-06 to Wayne Boeshans for electrical service for livestock well within the SW1/4 of Section 21, T146N, R88W. All members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Statement of Zoning Exemption Case #08-05-07 to Bruce Jaeger for electrical service for two (2) livestock wells within the SE1/4 of Section 10, T141N, R90W and the NW1/4 of Section 32, T142N, R90W. All members voted “Aye”, motion carried.
Paula Gores, Dakota Westmoreland Corp, met with the commission in regards to a temporary use permit for explorative drilling as approved by the ND Industrial Commission. A map was reviewed which referred to twenty-seven (27) test hole locations. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve Temporary Use Permit #403 to Dakota Westmoreland Corp for test hole drilling to determine depth of coal reserves and overburden within sections 14, 15, 20 and 22, T143N, R88W; restricted to work during daylight hours and all test holes to be filled and reclaimed in accordance with state mining regulations. The permit expires December 31, 2009. All members voted “Aye”, motion carried.
Jesse Noel, Dakota Westmoreland Corp, met with the commission to again discuss road issues in the future mining areas southwest of Beulah. Maps of the proposed roads to be closed and temporary roads to be built were distributed and reviewed. Noel indicated he was in the process of obtaining easement to property for road construction. Commissioner Entze indicated the county could obtain the easements at Dakota Westmoreland’s expense and wanted it made clear that any road construction would have to meet county standards. Noel will keep in contact with the commission on the plans and designs as they proceed.
The commission discussed the request of Ricky Scheid for section line road upgrade. Chairman Latimer indicated that affected property has been appraised and the county will now proceed. Commissioner Bitterman asked if this right of way would be at the seventy-five (75) foot limit. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the proposed upgrade and to instruct the State’s Attorney to draft the necessary deeds to obtain right-of-way at 75’. All members voted “Aye”, motion carried.
In other zoning matters the commission considered an adjustment to the compensation of the Planning and Zoning Board members. Commissioner Bitterman suggested any adjustment be made as part of the 2009 budget, and State’s Attorney Johnson felt it may help to contact other counties to inquire as to such compensation. Auditor Erhardt is to gather information for consideration during budget preparations.
No response has been received from the City of Stanton as to the commissions request for nominee for the Planning and Zoning Board to replace Mr. Loghry, who submitted his resignation from the board at the May 15th Planning meeting. This matter will be placed on the agenda of the next meeting.
Carmen Reed, 911 Coordinator, presented her narrative report to the commission, indicating census data was completed on February 25, 2008 and when data was received back from the census bureau there were roughly 900 additions and 800 corrections to address data of Mercer County. More information relating to boundaries and road info will be received in October or November of 2008. Reed also expressed thank you to Kathy Tandberg for her articles relating to the 911 emergency response system and staff which were published in March. Reed also informed that several surveys have been received from the ND Ass’n of Counties with regard to PSAPs (Public Safety Answering Point) and possible regionalization of the services. Legislation is considering regionalization of emergency dispatch centers indicating they can be more cost effective, but there are questions as to a loss of quality of service to the public. Reed also suggested, as a response to road signage concerns, that the question possibly be put to the public at election, and if the public wants street and avenue signs it must be understood that taxes would likely be increased to accomplish this goal. A Code Red Reverse 911 System is being considered at a cost of $3750/year with all the contact information being set up through land line and cell phones. The plan has not yet been presented to Oliver County but Reed thinks it is a good idea and would like to pursue it further. Commissioner Entze asked Reed to check on issues relating to metal name placards on mail boxes, as if a vehicle hits the mailbox these items may become a projectile and what are the possible liabilities of such items.
The commission addressed road issues with Roy Braun, Highway Superintendent, and Steve Mamer, Interstate Engineering. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Utility Occupancy Application and Permit #1124(08) of Roughrider Electric Coop to cross County Road 1 for replacement of buried lines. All members voted “Aye”, motion carried. Braun informed the commission that County Road 20 south of Hazen is being used as a detour while Highway 200 is under construction and this is having adverse affects on the roadway. Braun has received complaints of the dust and would like to get the tanker out to water the roadway or, as an alternative, calcium chloride could be applied to the roadway to control dust but this is more costly and is not necessarily good for vehicles travelling the roadway. Chairman Latimer suggested Braun keep records of costs to maintain the roadway for possible recoupment from the D.O.T. If the tanker is used to apply water a permit could be acquired from the State Water Commission to take water from the river for road application. Mamer was asked to contact the State Water Commission to acquire the necessary permit. Commissioner Bitterman also suggested a permit for the Dallman crossing at the same time. Commissioner Bitterman wanted to clarify information received at the last meeting with regards to Art Klaudt building a road, indicating this was not the case the road was already constructed when Klaudt purchased the property. The roadway was upgraded by the county at different times so coal could be removed, but as far as we know now this road lies on private lands. Mamer will review the area and survey to determine proper section line markings.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve Utility Occupancy Application and Permit #1125(08) of Roughrider Electric Coop to directional bore underground cable through County Road 27, south of Hazen for service to the Verizon Wireless tower. All members voted “Aye”, motion carried.
Mamer informed the commission that the dragline has crossed the county roads as planned and is now operating in the permitted area southwest of the gas plant. Repairs have been made to the county roads and the information will be available at the next meeting for a request for reimbursement from Coteau Properties Company.
Malvin Miller and Paul Meier, Mercer County Historical Society, met with the commission to seek support for a fund raiser program that will preserve county history. The program will involve playing cards with Mercer County photos and information. Individual cards are sponsored at a cost of $200/card and the decks will then be sold through the historical society. Motion made by Commissioner Bitterman, second by Commissioner Entze to purchase the ace of clubs for $200 and to include a picture of the old courthouse. All members voted “Aye”, motion carried.
Mike Powell, Mercer County Landfill, met with the commission to discuss purchase of a scale for the facility. The county had expressed interest in purchasing a scale from the Department of Transportation back in 2004 and Powell had now been contacted by the ND Highway Patrol and informed that a scale is available if we are still interested a decision is necessary by the afternoon of May 21st. As we have little information on the scale and that it would have to be removed from its current site at Hague, ND. Commissioner Entze suggested we decline at this time and keep contact with D.O.T. for any other scales that may become available.
Sheriff Danzeisen and Jim Albers, Building Maintenance, met with the commission to review an updated proposal from Honeywell Building Solutions with regards to the previously approved camera and lock project of the law enforcement center. Current proposal is at a total cost of $105,528 for the required software, locks and additional cameras and can be financed over the next several years at slightly higher than 4% interest. With the current CD interest rates declining it was suggested that rather than financing to use funds set aside in the building fund to take care of the project and payment at this time, and to then budget a higher larger to the fund in 2009. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the building systems agreement with Honeywell Building Solution #986-0101 at a cost of $105,528 with the required additional funds to be taken from the building fund. All members voted “Aye”, motion carried. Albers also presented a service agreement for 60 hours of service per year by Honeywell Building Solutions for any of the installed equipment at a cost of $110/hr or $6660/yr. This is compared to the normal $140/hr for service calls currently charged. Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the Service Agreement of 60 hours/year at a cost of $6660/year for one year, which can be renewed. All members voted “Aye”, motion carried.
Craig Askim, County Agent, met with the commission with regard to the 4-H livestock judging team, who one the state competition and is now eligible to attend the national competition to be held in Louisville, Kentucky in November 2008. The team members are conducting fund raisers to cover expenses and Askim would like approval to use budgeted funds to cover the instructors travel expenses. Askim would also like approval to fly to Louisville the day before the competition and then assist in the return trip to drive straight through thus limiting the amount of time the students would be absent from school. Motion made by Commissioner Bitterman, second by Commissioner Entze to approve a budget adjustment for the national livestock judging in Louisville to allow for reimbursement of the instructors travel, lodging and meals as well as the purchase of a one-way flight for Askim to attend and assist in the return trip. All members voted “Aye”, motion carried.
Askim also informed the commission that the emergency board will be meeting to conduct preliminary assessments of crop disaster and that minutes of the meeting would be provided to the auditor. The commission may be asked to approve any declaration made at a later time.
The commission reviewed outstanding road accounts reports. Motion made by Commissioner Entze, second by Commissioner Bitterman to request a letter, drafted by the State’s Attorney, be sent to person’s responsible for invoices #3467, 3469 and 3472 dating back to November 2007 requesting payment or arrangements be made to settle the accounts. All members voted “Aye”, motion carried.
The commission reviewed the monthly financial statements. Commissioner Bitterman asked that all be aware of departments that are required to use gasoline/fuel to see how budgets are affected.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the April Recorder’s Fee Report of $8379.72. All members voted “Aye”, motion carried.
The commission reviewed the monthly NDSU Extension Highlights. No further action taken.
Motion made by Commissioner Entze, second by Commissioner Bitterman to approve the Joint Election Agreements of the City of Hazen, City of Golden Valley and the City of Zap. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze to approve the Gaming Site Authorization request of W.A.R.C. to conduct Bingo at 814 Hwy 49 N, Beulah (old Beulah Lumber Building). All members voted “Aye”, motion carried.
There being no further business before the commission, on motion duly made and seconded the meeting was adjourned at 12:25 PM MT.
The next regular meeting of the commission will be June 4, 2008, at the Mercer County Courthouse, Stanton, North Dakota.

Approved: ____________________________
Lyle L. Latimer, Chairman

Attest: ______________________________
Monte J. Erhardt, Auditor
 

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