OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS April 16, 2014

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1 OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS April 16, 2014 MEMBERS PRESENT: Commissioners Eckelberg, Scott, Hauck, Kleemann and Dukart OTHERS PRESENT: Tracey Dolezal, Ross Sundeen, Mike Zimmerman, Deanna Varner, Sandra Rhode The meeting was called to order by Chairman Eckelberg at 9:00 a.m. Fil Askerlund, Epic Engineering appeared to report on South Heart Road. Phase I will start the week of April 21, Darin Schaeffer from Bartlett West appeared to report on the Wannamacher Road Project. Motion by Commissioner Hauck, to authorize Schaeffer to proceed with original appraisal, 2 nd by Commissioner Dukart. All voting aye. Motion carried. The Commissioners agreed to pay two years of temporary easement at $75 per acre to the Wannamacher Road Project landowners. Jeremy Wood, Northern Plains Engineering appeared to report on projects his firm is working on. Wood informed the Commissioners that the bid for the New Hradec and Brew Road Seal Coat project was awarded to Asphalt Surface Technologies Corporation at $197, Motion by Commission Dukart, 2 nd by Commissioner Scott, to accept NDDOT. All voting aye the motion carried. 106 th Ave-Structure replacement. 404 Corps application is completed. Motion made by Commissioner Kleemann, 2 nd by Commissioner Dukart to accept application. All voting aye the motion carried. Becky Buchman, County Extension Agent appeared to report on the activities of the Extension Office. The Commission agreed to set the Roads/Engineer report from 9:00am-10:30am for both monthly meetings. Auditor Dolezal, presented the Commissioners with the 2014 North Dakota Supreme Court Agreement. Motion made by Commissioner Kleemann, 2 nd by Commissioner Scott to accept the contract. All voting aye, the motion carried. Motion by Commissioner Dukart, 2 nd by Commissioner Scott, to approve the Verlyn Strommen gravel lease. All voting aye, the motion carried. Road Superintendent Zimmerman appeared to report on the activities of the Road Department. Discussed auction sale and set the date for Friday, May 9 th at 5:00 p.m. Broken Spoke Auction will do the auction for $500 flat fee. The Road Department will blade and gravel the roads in New Hradec and Manning. Del Olson discussed requirement for permits for oversized equipment. NDDOT waives the permits for County entities. Motion by Commissioner Kleemann, 2 nd by Commissioner Scott, to waive overweight permits for Dunn County equipment only. All voting aye, the motion carried. Per call for bids, the bids for the Weed Board Building the following bids were opened at 11:05am:

2 Single Prime Bids: Ainsworth-Benning: $1,152,654 Scull Construction Services: $1,170,000 There were no bids submitted for electrical, so individual bids for general, mechanical, plumbing and electrical could not be considered. Motion by Commissioner Hauck, 2 nd by Commissioner Dukart, to table discussion on the bid award until later in the meeting. All voting aye, the motion carried. Bill Kangas & Bill Flaget appeared to discuss 81 st Avenue SW between 2 nd and 3 rd St SW, (approximately 2-1/2 to 4 miles. Need gravel and/or scoria. Grading. Issue is getting gravel in that area. Commissioner Scott is meeting with landowners to obtain gravel. Sandy Rohde., Code Administrator appeared and presented the following Planning and Zoning applications that were approved at the April 8 th hearing: 1. Robert Ferebee of Halliday ND representing Robert Ferebee Water, LLC filed an amendment to his existing Conditional Use permit to include up to 10 Frac Tanks and Water Heater at existing approved Water Depot located in the NW4NW4SW4 of section The property is zoned Rural Preservation and owned by Robert & Amy Ferebee. 2. Neil Jones of Cary, NC representing Kimley-Horn & Associates (on behalf of Tower Associates and NextEra Entergy) filed a Conditional Use Permit for a 196 foot meteorological tower for the purpose of measuring and collecting wind information over a period of time. The property is located in the SW4 section zoned Rural Preservation and owned by Gary and Connie Dvorak. 3. John E. Leblanc of Dickinson, ND representing Tesoro Pipeline Company filed a Conditional Use Permit for a Petroleum Storage Facility Tank located in the SE4SE4 of section The property is zoned Rural Preservation and owned by Andrew Voigt. 4. Shawn Kluver of Killdeer, ND representing Renewable Resources filed a Conditional Use Permit for Industrial Activities with truck parking to include construction of 2 new buildings, storage tanks, silos and truck scale located in the N2NE4NW4 of section The property is zoned Rural Development and owned by SGJ Holdings. 5. Shawn Kluver of Killdeer, ND representing Renewable Resources filed a Conditional Use Permit for an Industrial Support Office located in the N2NE4NW4 of section The property is zoned Rural Development and owned by SGJ Holdings. 6. Ian B Sylvester of Killdeer, ND representing Maxxon Energy filed a Conditional Use Permit for an Industrial Support Office located on Lot 1 Block 1 Northridge Subdivision in section The property is zoned Rural Development and owned by McKra, LLC. 7. Bill Trotter of Grassy Butte, ND representing Trotter Construction, Inc filed a Conditional Use Permit for a acre Gravel Pit located in the SE4NW4 of section The property is zoned Rural Preservation and owned by Terrald Bang. This application was tabled at the February 11 th, 2014 hearing. 8. Maston Cunningham and Scot Watkins of Bakersfield CA representing Western Oilfields Supply Co. filed a Conditional Use Permit for Industrial Activities and Truck Park to include a Shop and office located on Lot 2 Blk 2 Five Diamond Industrial Subdivision in the SW4 section The property is zoned Rural Development and owned by Rain for Rent. This application was tabled at the March 11 th, 2014 hearing. Motion by Commissioner Dukart, 2 nd by Commissioner Hauck, to approve the applications with the modification to application one (Ferebee) to use magnesium chloride for dust control. All voting aye, motion carried. At 12:05p.m. the Commission recessed for lunch and reconvened at 1:00 p.m. with all members present. Cyril and Leroy Schwartz and Neil Hauck appeared to discuss water flow, drainage and cattle guard maintenance issue. Road Superintendent Zimmerman noted that he assessed the location in regards to the cattle guard and water drainage problem. States Attorney Sundeen stated that the issue may be best handled by the Water Resource Board. Neil Hauck stated that the cattle guard is his, but the county should maintain it. Sundeen noted that even if there is no county right of way, there may be a prescriptive right to travel the road. The question is whether the county ever accepted responsibility to maintain the road

3 and the cattle guard. Neil Hauck stated that in 1976 the county put in the cattle guard. Commissioner Hauck said he would check the County Commission minutes and check petitions filed for grazing areas. Zimmerman suggested Engineer Wood and himself conduct a brief survey to see where the natural water flow is. The Commission also discussed the two approaches on 82 nd Ave SW and the fence line which is three feet off the section line on Neil Hauck s land. Schwartz s would like to use the section line to access their fields. Neil Hauck maintained that the section line is closed and no one can drive it. Sundeen noted that the County will need to research in the Recorder/Court records to determine if the section line was actually closed. Zimmerman suggested that the County install a small pipe for water to run through and put dirt on each side of the cattle guard for safety concern. Neil Hauck stated he would work with the county for temporary easements to make improvements to the cattle guard. Sandy Rhode, Code Administrator appeared and presented the proposed first round of amendments to the Land Development Code. Rohde also expressed concern over jurisdiction for waste water disposal facilities. The NDIC maintains that they have exclusive control over these sites and the County does not have any zoning authority. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to approve the first reading of the Code amendments. All voting aye, the motion carried. Rohde noted that the second reading will be May 7 th followed by 30 days until it is in place. Motion by Commissioner Kleemann, 2 nd by Commissioner Scott, to approve the utility permits. All voting aye, the motion carried. Motion by Commissioner Dukart, 2 nd by Commissioner Scott, to approve the Consolidated lease agreement for Emergency Management on the Halliday Tower. All voting aye, the motion carried. States Attorney Sundeen informed the Commission that it appears that the section line claimed to be closed by Neil Hauck is not closed. Sundeen will send a letter to Hauck stating that the disputed section line is open. Melissa Pavlicek and Uma Hoffmann, representatives of the Department of Defense, appeared on behalf of Employer Support for the Guard and Reserve. Awards were given to Dunn County Sheriff personnel, Sergeant Chadbourn and Sergeant Hegstad for their commitment to military members within the county. Sheriff Coker was also presented with an award for supporting guardsman within the county. Dave Leftwich and Steve Mueller, NDDOT appeared to report on proposed plans for the Killdeer Bypass. Steve Mueller noted that he reports on weekly rig map updates. Denise Giffin, Human Resource Director appeared to discuss the proposed employee policy manual. The second reading is postponed until the May 7 th meeting. Giffin noted that the Commission will need to rescind past policy before accepting new policy. The Commission discussed holiday, vacation and sick leave policy for employees. From the discussion it was suggested to leave holiday pay as proposed by the committee and move sick pay to 10 hours. Also, the Commission expressed the need for a grievance policy to be incorporated in the manual. The Commission agreed to set a meeting April 23 rd at 1:00 p.m. with road department employees and representatives from county departments that are not members of the policy committee. There will be no more than two meetings, no longer than two hours each. Commissioners Dukart and Kleemann will attend the meeting. The following 2014 Election Inspectors were approved upon a motion by Commissioner Dukart and 2 nd by Commissioner Hauck: Election Inspectors for 2014 election:

4 Antelope: Collins/Halliday: Kyseth: Dodge/Loring: Manning: New Hradec: Killdeer Unorganized/Oakdale: Dunn Center/Decorah: North Fox: Killdeer36/39 Eveilyn Bachmeier Shelly Flaget Kent Dressler Charlotte Neurohr Richard Regeth Ben Hecker Sally Dvirnak Candice Benz Francis White Jodi Carlson Motion by Commissioner Kleemann, 2 nd by Commissioner Hauck, to remove from the table discussion on the weed board building. The motion carried. Weed Board Members, Cliff Ferbee and Craig Pelton were also present for the discussion. The Commission discussed possibilities to utilize the building during the off season. Motion by Commissioner Dukart, 2 nd by Commissioner Hauck, to accept the Ainsworth Benning Single Prime bid. For $1,152,654. Upon roll call vote: Commisioner Scott, nay, Commissioner Hauck, aye, Commissioner Kleemann, nay, Commissioner Dukart aye Commissioner Eckelberg, aye. The motion carried. The following vouchers were approved upon a motion by Commissioner Hauck and 2 nd by Commissioner Scott: GENERAL FUND Warr# TO: FOR: AMOUNT: American Bank Center Direct deposit charge $ AmeriPride Service Janitorial $ AVI Systems Office equipment $18, Chief Law Enforcement Sheriff equipment $ Clean Sweep Janitorial $ Country Media Publishing $2, Dell Marketing Tech support $ Dickinson Press Tech support $ Dickinson Tire Vehicle maintenance $1, Dukart, Daryl Travel, phone $ Duttenhefner, Sarah Mileage $ Ess & Election Systems Election equipment $ Fredericks, Casey Mileage $ Frei, Larry Mileage $ GIS Workshop Tech support $3, Hewlett-Packard Tech support $1, Information Tech Dept Tech support $1, International Association Dues $ Jobs HQ Publishing $ Kadrmas, Ray Mileage $ Kenmare One Stop Uniforms $1, Killdeer, City of Utilities $ Lazorenko, Florine Housing $ Ledgend Auto Body Vehicle maintenance $3, McLean County Recorder Membership $ MDU Utilities $ Menards Janitorial $ ND Association of Counties Drug testing $ Norby, Jeremy Mileage $ Pelton, Craig Mileage $ Pharm Chem Sheriff supplies $ Rohde, Sandy Office supplies $ Roughrider Electric Utilities $ Sample Auto Sales Vehicle maintenance $ Sanford Health Drug testing $ Schmidt, Andrew Mileage $ Service Printers Office supplies $ St. Josephs Hospital Blood alcohol tests $ Streifel, Leonard Housing $ Sunset Law Enforcement Sheriff supplies $ Varner, Deanna Supplies $64.64

5 Westwind Consulting Professional fees $ Redwood Toxicology Sheriff supplies $ Union Bank Miscellaneous $ Brew, Denise Tech support $ Farmers Union-Killdeer Vehicle maintenance $ Farmers Union-Halliday Vehicle maintenance $ Manning Waterworks Utilities $ ND State Radio LETS $ Prairie Auto Parts Parts $ Verizon Wireless Telephone expense $1, VISA Fuel, travel, supplies $2, ROAD & BRIDGE Advanced Technology Product Shop supplies $ American Welding Shop supplies $ Benz Oil Co Fuel, propane $39, Bosch Lumber Shop supplies $ Certified Power Parts, repairs $ Dickinson Supply Supplies, parts $1, Hav-It Services Safety supplies $1, Hedahls Shop supplies $ Hinrichs Super Valu Parts, repairs $ Killdeer, City of Utilities $ Kohler Communications Radio $ Lawson Products Shop supplies $4, MDU Utilities $ NDDOT Licenses $ OK Tire Store Parts, repairs $3, Polar Service Center Parts, repairs $ Prairie Implement Parts, repairs $ Pump Systems Parts, repairs $ Road Equipment Parts, repairs $ Roughrider Electric Line moving $24, Roughrider Electric Utilities $ Scoria Butte Grazing Road materials $109, Selle Implement Shop supplies $ Tony's Auto Repair Parts, repairs $ Wallwork Truck Center Parts, repairs $4, Sax Motor Co Equipment $32, Farmers Union-Killdeer Fuel, propane, supplies $8, Farmers Union-Halliday Fuel, propane, parts $18, Manning Waterworks Utilities $ Prairie Auto Parts Parts $1, Verizon Wireless Telephone expense $ ROAD PROGRAMS Department of Transportation Contract roadwork $10, COUNTY AGENT Hinrichs Super Valu Miscellaneous $27.47 WEED Ferebee, Cliff Mileage $ Jablonsky, Richard Mileage $ Pelton, Craig Mileage $ Stein, Russ Mileage $ Farmers Union-Halliday Parts, repairs $60.10 DEM Brew, Denise Miscellaneous $ ND Surplus Property Supplies $ Brew, Denise Fuel $ E Reservation Telephone E911 $ ND State Radio E911 $5, NDACO Wireless 911 E911 $1,126.79

6 REIMB SHERIFF GRANT Streicher's Supplies $3, Target Logistics Housing $2, VISA Supplies $ Auditor Dolezal informed the Commission that Mona Dressler will be starting as Tax Director on April 28 th. Tim Roshau is helping out by completing the field work for new assessments and is doing a great job. The meeting was adjourned at 4:15 p.m. upon a motion by Commissioner Hauck and 2 nd by Commissioner Kleemann. Glenn Eckelberg, Chairman ATTEST: Tracey Dolezal, Auditor May 7, 2014 Date