OFFICIAL PROCEEDINGS DUNN COUNTY BOARD O

OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS March 15, 2023 Members Present: Commissioners Lundberg, Dolezal, Buehner, Kleemann and Pelton Others Present: Sally Whittingham, David Lym, Carl Rohde, James Kadrmas, Dessie Calihou, Del Olson, Christina Kissinger, Gary Kuhn, Jeremy Wood, Adeline Ingold, Willard Tormachy Motion by Commissioner Buehner seconded by Commissioner Dolezal, to approve the March 1, 2023 minutes as presented. All voted aye, motion carried. Motion by Commissioner Kleemann, seconded by Commissioner Dolezal to accept the agenda with the following additions, Deb Harsche regarding Dunn County Property, Medicine Hole Golf Course Gaming Permit. All voted aye, motion carried. Carl Rohde appeared for Civil Science to give updates on the projects his firm is working on. 86th Ave SW, 92nd Ave SW. 2024 Projects, getting in contact with the landowners, starting the preliminary designs. Darin Schaeffer with Bartlett & West appeared via Teams and gave updates on the projects for their company. Manning Improvements, 2nd St. NW & 84th Ave NW. James Kadrmas with Interstate Engineering appeared to update the commission on their projects. 109th SW, 82nd Ave SW, 26th St NW agreements are all signed. 27th St. SW. Jeremy Wood with Northern Plains Engineering, gave updates on projects that the company is working on. 91st Ave (9th St. to 13th St.), 25th St & 88th Ave., Gap Road and 11th Ave NW, 108M Bridge, Charlie’s Pass, 97th Ave & 11th St. SW, 4th St. SW, Werner Area, 104th Ave, BIA 10. Motion to accept the Martin Construction bid as presented for the 108M Bridge Replacement for $696,427.76 by Commissioner Dolezal, seconded by Commissioner Buehner. Upon roll call vote, all voted aye, motion carried. Killdeer Shop Survey, a majority of the work has been completed to establish the boundaries of the Hoots Building, Salt Shed and County Shop. The work is expected to be completed by early next week. David Lym, Road Superintendent, introduced his new employee Britton Paulson. Superintendent Lym presented utility permits from, Continental Resources and Bridger Pipeline. Motion by Commissioner Pelton, seconded by Commissioner Buehener to approve the permits as presented. All voted aye, motion carried. Sarah Duttenhefner, Emergency Manager, appeared with Trent Landis and Kenny Koppinger with the South Heart Fire Department to ask permission to donate her 2014 Tahoe to the South Heart Fire Department. Currently some of the volunteers use their own vehicles. Motion to donate to the 2014 Tahoe to the South Heart Fire Department by Commissioner Dolezal, seconded by Commissioner Buehner. Upon Roll call vote all voted aye, motion carried. Dessie Calihou, Director of Human Resources appeared to discuss hosting an employee picnic at the Little Mo Campground. Asking for the Commissioners to provide the meat for the function and employees would bring other dishes. Tentative date would be in July. Suggestion to ask the Communications Specialist to send out emails and see how many employees would be able to participate. Motion to approve the event and for the commissioners to provide meat for the picnic by Commissioner Buehener, seconded by Commissioner Dolezal. All voted aye, motion carried. Dessie Calihou, Director of Human Resources appeared to ask permission to travel out of state for a conference by LEAP HR, it is a two-day conference for state and local governments. Variety of discussion on retaining and bringing in employees. July 18th and 19th, the funds are already budgeted, $1500.00 is the price of the conference. It will be held in Denver. Motion by Commissioner Buehner, Seconded by Commissioner Dolezal to approve out of state travel to the conference. Roll call vote, all aye, motion carried. Discussion about the Auditors position. In order to appoint an auditor, the auditor has to live in the county. Attorney Kissinger stated the position has to be the same as an elected individual. The code also gives the discretion to the Commissioners. It needs to be considered to make this position appointed permanently, as it will have more stability. It ultimately falls on the commission to appoint so it mitigates room for error. Motion to direct the states attorney to draft a preliminary resolution to move the auditors position appointed by Commissioner Dolezal, seconded by Commissioner Buehner. Roll call vote, Commissioners Buehner, Dolezal and Lundberg voted aye. Commissioners Kleemann and Pelton voted nay. Motion carried. Attorney Ross Sundeen appeared to discuss the Food Pantry. The county leases the space for the food pantry, discussing the liability of the county and what is the roll in the Dunn County Food Pantry. The county has always housed the pantry. Working through the lease agreement some of the verbiage needs to be cleared up. The food pantry is run by a volunteer group. We need to have some clarity on who runs the pantry. Attorney Sundeen and Commissioner Lundberg will meet with the volunteer group. Deb Harche appeared to present an offer from the Killdeer Free Lutheran Church for the Killdeer Shop. The amount being offered is $370,000.00. Motion by Commissioner Lundberg, seconded by Commissioner Dolezal to accept the offer as presented. Roll call vote, all voted aye, motion carried. Interim Auditor Whittingham presented a transfer of funds. Grant money that was received needs to be transferred to another account to offset the disbursements. Motion by Commissioner Pelton, seconded by Commissioner Buehner to approve the general fund transfer. Upon roll call vote, all voted aye, motion carried. Interim Auditor Whittingham is asking permission to pay $2419.40 to Minnesota Unclaimed Property for excess money from a Tax Deed Sale. Per NDCC 57-28-20, we must pay back any excess money collected after taxes have been paid to the original owner. Motion by Commissioner Buehner, seconded by Commissioner Dolezal to approve the transfer of excess proceeds to Minnesota Dept. of Commerce Unclaimed Property. Upon roll call vote, all aye, motion carried Interim Auditor Whittingham presented an annual Gaming Site Authorization from the Dunn County Fair Board for the Medicine Hole Golf Course. This would be for fiscal year July 1, 2023 to June 30, 2024. Motion to approve the authorization of gaming by Commissioner Dolezal, seconded by Commissioner Buehner. All aye voted aye, motion carried. Discussion on the HB 1040 to close the retirement plan and the competing bill SB2239 to keep the defined benefit open. SB2239 will give our employees a choice as to a defined benefit or a 401K plan. SB2239 will have impact on our recruitment and retention of employees. Motion to approve Dunn County passing a resolution in support of SB2239 and opposition to HB1040 by Commissioner Dolezal, seconded by Commissioner Buehner. Upon roll call, all voted aye, motion carried. Code Administrator Sandy Rohde appeared to present the CUP applications recommended at the March 14th Planning and Zoning meeting. Commissioner Pelton would like the weed inspection to be taken out if the dirt is not leaving the location. The weed inspection is a condition and not a rule. 1. Mark Scott of Manning ND, has filed a Conditional Use Permit for a Water Depot with a pond under 49-acre feet (362K), located in the NW4 of section 8-143-95. The property is zoned Rural Preservation and owned by Mark & Marissa Scott. (Permit #03-2023) 2. John & Tate Harris of Killdeer ND, has filed an Amendment to their Conditional Use Permit approved on 04-17-2019, the Amendment would be to reflect only 1 Reservoir ponds under 49 Acre Feet on site not 2. The property is located in the NE4 section 35-144-97 and SE4 section 26-144-97, zoned Rural Preservation and owned by Delmer Entzel. (Permit #01-2023) 3. John & Tate Harris of Killdeer ND, has filed a Conditional Use Permit for a Water Reservoir that holds 50,000 Barrels located in the E2NW4 section 23-147-97. The property is zoned Rural Preservation and owned by John Harris. (Permit #02-2023) Motion by Commissioner Pelton, seconded by Commissioner Kleemann to approve the CUP’s with exception of removing the weed inspection providing the dirt is not leaving the site. Roll call vote, all aye, motion carried. County agent report was presented by Rebecca Yarger and Kirsten Rall-Kukla. Rebecca has been at Hill Top Home of Comfort doing activities twice a month. She is also at the Food Pantry doing education classes. February statistics show both food pantries gave a combined 3000#’s of food for the month. Kirsten wrapped up the Pesticide Training. A total of 46 people came to the training. The Beef Workshop also had 25 attendees and 10 DSU students. Lisa Guenter, County Recorder, appeared to discuss County Road Easements. We are getting easements with no survey’s plats attached to them when they come to the Recorder’s Office. She is asking that the engineers attach the plats so the documents can be recorded properly. The documents also need to follow the NDCC rules as far as margins and font. Motion by Commissioner Pelton, seconded by Commissioner Buehner to attach survey plat to the county easements. Roll call vote, all aye, motion carried. Lisa Guenter brought to the Commission that SB2277 bill failed. This would have moved the Clerk of Courts Offices to the state rather than the county level. Discussion on it being time to work on this before it is brought back in the biennium. This would be a disservice to the citizens of Dunn County. Commissioner Buehner left the meeting at 10:56 a.m. Commissioner Dolezal has asked that a Strategic Planning Meeting Committee be formed so the county can move forward with the plan. Chairman Lundberg designated Commissioner Dolezal, Lisa Guenther and himself to get the plan started. The updated SW Multi County Correction Center agreement was presented. The agreement has not been updated since 1982. This revision includes updated ownership percentages and the inclusion of Golden Valley. It also removed the construction paragraphs. Each county has to approve the agreement. It has been agreed upon by the SWMCCC Board. Motion by Commissioner Dolezal, seconded by Commissioner Pelton to approve the agreement as presented. All voted aye, motion carried. Motion by Commissioner Kleemann, seconded by Commissioner Dolezal, to approve the following vouchers as presented: Verizon $3,072.83;JP Morgan Chase $7,896.89; Crane & Merriman, PC $2,229.17;Boss Office Supplies $1,468.48;Consolidated $1,991.88; Roughrider Electric $213.83;Western Choice Cooperative $19.98;Advanced Business Methods $1,143.83;Avalos, Jonathan $237.00; Balco Uniform Co. Inc $1,707.70 ;Benz Oil Company Inc $6,046.50;Brew, Casey $129.59; Brost, Cutler $77.00;Buehner, Cody $151.20; Consolidated $232.62;Counties Providing Technology $2,115.00;Dolezal, Tracey $159.06; Embroidery Arts $26.00;Fair Repair & Service LLC $504.00;Forum Communications Company $912.45;gWorks $500.00;Information Tech Dept $492.90;Iprint Technologies $644.00;Jeske, Chris$125.00;Just-In Glass $292.65;Kissinger, Christina $65.50;Kompleks Assessment Solutions LLC $7,600.00;Kutzler, Marilyn $225.17;Load O Meter Corporation $41.50;Lundberg, Larry $1,219.40;Marsh, JoAnn $125.00;NDACo $63.00;ND County Recorders Association $200.00;NW Tire $3,808.46;One Source The Background Check Co $142.00; Prairie Auto Parts $59.97;Quill $71.98;Red Rock Ford $2,601.53;Rohde, Sandra $142.79;Roll, Kirk $250.00;SAHRA $40.00;Secretary of State $36.00;Shred ND $172.00;Spokane County Sheriff’s Office $15.00;The Perfect Fit $25.00; Western Choice Cooperative $306.58;WEX Health Inc $178.50;Whittingham, Sally $162.03; McKenzie Electric $705.84;Thomson Reuters – West $124.92;ND Township Officers Assoc $6,000.00;Verizon $207.34;JP Morgan Chase $2,240.28;McKenzie Electric $2,900.62;Forum Communications Company $254.10;Amber Waves $79.50;American Welding & Gas $57.85; Aramark Uniform Services $1,166.82;Benz Oil Co Inc $13,906.53;Bosch Lumber Co $165.74; Boss Office Products $24.98;Butler Machinery Co $1,544.76;Colonial Research Chemical Corp. $599.86;Dakota Tool & Machine $220.00;Dukart, Philip $12,590.00;Elite Cabinets & Building Supply $32.98; Embroidery Arts $112.00;Halfhide-Buller, Sarah $893.33;Halfhide, Carrie $893.33;Halfhide, William $893.34;Halliday, City Of $62.56 ;IBS, Inc $228.19;J & J Operating, LLC $205.95;Killdeer, City Of $349.86;Kohler Communications $59.85; Kreidt, Timothy & Amy $8,460.00;Ladonna Kubik $5,360.00 ;Lawson Products Inc $2,071.09;Linde Gas & Equipment Inc. $386.81; MDU $1,841.70;Menards $279.99;Darwin H. Mueller Trust $2,900.00 ;Nelson International $5,450.92;Northern Plains Engineering $30,000.00;Oeser, Randy $2,680.00;Prairie Auto Parts $873.23;Prairie Implement $88.15;Pump Systems $86.47;Riemer, Doris $7,590.00; Roshau, Kelly & Courtney $2,900.00;Roughrider Electric Cooperative $1,064.97;Runnings Supply Inc $226.43;Sadowsky, Lavonne $5,240.00; Sadowsky, Brian & Susan $5,360.00;Sadowsky, Charlotte $5,360.00;Sadowsky, David $25,120.00;Schettler, Peggy Isaak $10,660.00; Sickler, Alfred $5,360.00;Sign Solutions USA $2,991.72;Swanston Equipment $524.88;Wallwork Truck Center $11,981.80;West Plains Inc $904.33;Western Choice Cooperative $10,458.12;Westlie Motor Company $4,874.67;Verizon $81.91;JP Morgan Chase $102.69;Consolidated $41.50;JP Morgan Chase $690.25;Hinrichs Super Valu $132.37; Forum Communications Company $153.00; Consolidated $170.59;US Postal Service $102.80;Yarger, Rebecca $1,013.29;Farmers Union Oil Company $116.88;Verizon $40.01;JP Morgan Chase $293.93;NDACo Resource Group $9,636.04;DOE Properties LLC $4,000.00;JE Dunn Construction $788,846.00;MDU $5,014.37;JP Morgan Chase $458.20;AVI Systems $5,060.79;MGM Rural Sanitation $437.90;Roughrider Electric $4,202.20;Menards $21.22;Killdeer, City of $70.29;Aramark $94.36;Sherwin Williams $370.39;A & A Sanitation Services $520.00;Western Choice Cooperative $33.76;Aramark $74.40;ECI Systems $111.00;MDU $761.33;Don’s Filters $326.58;MGM Rural Sanitation $93.83;NDACo Wireless $472.56;RTC Networks $80.00;Office of Attorney General $3,120.00;PharmChem Inc. $255.60;Minnesota Dept of Commerce $2,419.40;Verizon $46.90;JP Morgan Chase $610.12;JP Morgan Chase $201.29;Consolidated $67.46;McKenzie Electric $167.66;Southwest Multi-County Correction Center $14,625.05 Upon roll call vote, all voted aye, and the motion to approve the vouchers carried. Motion by Commissioner Kleemann, seconded by Commissioner Dolezal to adjourn. The meeting adjourned at 11:26 p.m. Dated: April 5, 2023 Cody Buehner, Chairman ATTEST: Sally Whittingham, Interim Auditor (April 12, 2023) 211961