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OFFICIAL PROCEEDINGS OF THE STARK COUNTY COMMISSION May 4, 2021 Chairman Franchuk called the regular meeting of the Stark County Board of Commissioners to order at 9 AM.

OFFICIAL PROCEEDINGS OF THE STARK COUNTY COMMISSION May 4, 2021
Chairman Franchuk called the regular meeting of the Stark County Board of Commissioners to order at 9 AM. Commissioners Present: Dean Franchuk, Carla Arthaud, Bernie Marsh, Neal Messer, and Ken Zander. Department Heads Present: Acting Auditor-Karen Richard, State's Attorney-Amanda Engelstad, HR Director Joetta Pearcy, County Park Director-Lisa Heiser, County Planner-Steve Josephson, Sheriff-Corey Lee, and Road Superintendent-Al Heiser.
RATIFY AGENDA Commissioner Arthaud added the new weed board member. Commissioner Messer, May 20, 2021 Special meeting reconsideration of the 2017 abatements. MOTION BY: Commissioner Arthaud SECONDED BY: Commissioner Marsh To approve the agenda with additions. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
MINUTES Chairman Franchuk called for approval of the minutes from April 6, 2021. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Arthaud To approve the minutes as presented. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
MINUTES Chairman Franchuk called for approval of the minutes from April 12, 2021 special meeting. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Messer DISPOSITION: Roll call vote. All voted aye. Motion Carried.
ACCOUNTS PAYABLE MOTION BY: Commissioner Arthaud SECONDED BY: Commissioner Messer To approve the resolution and supplement as presented. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
COREY LEE SHERIFF REPORT Sheriff Lee presented a report to the Commission from April 2021. April highlights included the following: 254 traffic stops, 81 stops in Dickinson, 242 PR stops, 5 bar checks, 99 school zone related activities, 7 theft related calls for service, responded to 11 accidents, 77 total arrests, and multiple fires.
AL HEISER-ROAD SUPERINTENDENT REPORT Al Heiser updated the board on current work being done by the county road workers. Mr. Heiser informed the board that Joel Ficek is asking if the road easement which is 1.39 acres can be deeded back to Mr. Ficek. Mr. Heiser also informed the board that the bridge replacement for Lehigh Drive 45-126-10.0 over Heart River has been denied by the DOT. Highlands Engineering will discuss other options. The City of Dickinson is talking about de-annexation of properties. Mr. Heiser stated that radar base road is in poor condition and would like to see that get addressed before hand.
COVID DISBURSEMENT Acting Auditor Richard provided the board a proposal of disbursements of Cares Act Covid Relief Fund to Stark County entities. These funds were to help offset costs to Stark County entities that were not able to apply for their own COVID Federal funding relief. The following disbursements for the Fire Departments include: Dickinson rural $40,000, (5) small cities $40,000 each, and Hebron $20,000. Ambulance Services for Richardton/Taylor, Dickinson, and Belfield/Billings County received $40,000 each. Stark County (5) small cities received $45,000 each. Sunrise Youth Bureau received $20,000. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Zander To approve the disbursement as presented. DISPOSITION: Roll call vote. All voted aye. Motion Carried
MIKE NJOS-HIGHLANDS ENGINEERING PROJECT REPORT Bridge Replacement 45-147-1.0 on 83rd Ave SW- Plan is ready for bids.
Lehigh Drive Bridge Replacement 45-126-10.0 over Heart River-DOT denied the bridge replacement due to no available funds. Bridge inspection was held in August 2020. Several of those issues have been resolved by the County Road department. The repairs will prolong the life of the bridge until replacement options are explored.
32nd St. SW Road Construction-project is completed with the exception of a fence which Mr. Heiser is working on with the landowner.
30th St. SW Road Construction- will be starting soon.
Eric Urness-NORTHERN PLAINS ENGINEERING PROJECT REPORT 107th Ave and 35th St. Paving East of Dickinson- Tentatively May 17, 2021 for start date
30th St Bridge Replacement North East of Dickinson- June start date
127th Ave and 131st Ave Bridge Replacements (near Belfield)- June start date
83rd Ave and 86th Ave Bridge Replacements (south of Richardton)- Set for 2022. Beaver Creek Archeology conducted surveys. Waiting for the environmental documents.
ANDREW KREBS-KLJ Structure 45-138-21 Replacement- Working with DOT on an agreement. Early July time frame for an estimated start date.
Wetland Mitigation Monitoring required for 47th St SW- Inspection will be held depending on the current draught.
RICHARDTON FIRE DEPARTMENT-JASON KOSTELECKY Jason Kostelecky provided an update on the damaged fire truck. Insurance replacement $60,000, Dunn County $82,930. Update replacement cost is $184,595. Requesting the remaining funds of $41,665.00 from Stark County. Commissioner Arthaud brought up that the $40,000 disbursed from the approved COVID worksheet is intended to cover $40,000 of the requested funds for the new fire truck.
MOTION BY: Commissioner Arthaud SECONDED BY: Commissioner Messer To approve the remaining balance of $1500 for the firetruck coming from the covid funds. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
KURT FROELICH-DAKOTA ROOM Provided and update on the Dakota Room uses for the public, what the room provides, and the rental/deposit fees of $50-$100 per day with the cleanup/damage deposit of $100-$200 per day. The deposit would be returned upon inspection of the room. Kurt Froelich asked if a certificate of insurance would be required? Acting Auditor Richard responded that the current insurance for the building does cover insurance requirements. MOTION BY: Commissioner Arthaud SECONDED BY: Commissioner Messer To approve the $50 rental fee with the refundable cleanup deposit of $100. DISPOSITION: Roll call vote. All voted aye. Motion Carried
SUNRISE YOUTH BUREAU-HOLLY PRAUS/AMBER HOFSTAD Request for 1 mill levy. Provided a summary of the programs available through Sunrise Youth Bureau. Chairman Franchuk informed Holly Praus of Sunrise Youth Bureau that they would be receiving an additional $20, 000 from the approved COVID funds worksheet.
PUBLIC HEARING FOR AUDITOR'S POSITION Chairman Franchuk opened up the public hearing on the Auditor's position. Dave Beaudoin, Andrew Kordonowy, Cindy Ewoniuk, Jeff Ficek, Deb Hutzenbuiler all spoke against the proposed Auditor's position being changed from elected to appointed. Jessica O-Brien spoke for the proposed change of the Auditor's position switching from elected to appointed.
BELFIELD AMBULANCE SERVICE Presented a proposed idea to merge with Billings County EMS. City of Belfield made a preliminary agreement to continue funding as is. Requesting $220, 000 from Stark County Annually. Chairman Franchuk informed Belfield/Billings County Ambulance that they will be receiving $40, 000 from the COVID funds disbursement.
BREAK 10 MINUTES 10:44am
STARK COUNTY SHERIFF'S JOINT POWER AGREEMENT WITH BELFIELD The Stark County Sheriff's Office has offered to provide law enforcement duties and services to enforce the local ordinances for the City of Belfield: and the City of Belfield under its police powers agrees to contract for said law and enforcement duties, and services. The agreement would commence on June 1, 2021 and shall continue in effect for three years until May 31, 2024, unless extended or terminated upon 60 days prior written notice. MOTION BY: Commissioner Zander SECONDED BY: Commissioner Messer To approve the joint powers agreement with Belfield. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
STARK COUNTY SPIRIT OF EXCELLENCE AWARD Julie Obergewitch announced the recipient for the month of April, 2021. Jayne Ketterling was awarded the spirt of excellence award. The next award recipient will be in selected in June.
Recessed for Park Board Meeting 11:09 AM and returned at 11:33 AM
SW AREA CAREER AND TECHNICAL EDUCATION TASK FORCE Sarah Trustem gave out comprehensive budget/business plans to commissioners. Vince Reep is requesting $500,000 funding approval for the new SW Area Career & Technical Education Academy project. The academy is receiving $15,000,000 in legislative funding from ND. The other $15,000,000 in funding needs to be funded from Dickinson Public Schools, SWND Political Subdivisions, and Business/Industry Support. Some of this funding has already been pledged to the academy from other entities.
MOTION BY: Commissioner Arthaud SECONDED BY: Commissioner Zander To approve the request of $500, 000 for SW CTE Academy. DISPOSITION: Roll call vote. All voted aye. Motion Carried
STARK COUNTY HANDBOOK/POLICY UPDATES-JOETTA PEARCY Provided an update to the Stark County Handbook regarding Social Services, vacation/sick leave payout, and the complaint process.
MOTION BY: Commissioner Zander SECONDED BY: Commissioner Messer To approve the changes to the handbook as outlined by HR Director Joetta Pearcy. DISPOSITION: Commissioner Zander withdrew his motion. Commissioner Messer withdrew his motion.
MOTION BY: Commissioner Zander SECONDED BY: Commissioner Messer To approve the portion of the policy to remove the language regarding Social Services and to table the rest for further review. DISPOSITION: Roll call vote. All voted aye. Motion Carried
MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To accept the Covid 19 leave policy as presented. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
CUP RENEWAL-FISHER SAND AND GRAVEL Vent Wallace of Fisher Sand and Gravel is requesting extensions of the following conditional use
permits:
A conditional use permit for a gravel pit operation on a 30-acre parcel located in the SE ¼ of Section 27, Township 140, Range 95
A conditional use permit for a gravel pit operation on a 10-acre site located in the NE ¼ of Section 27, Township 140, Range 95
MOTION BY: Commissioner Messer
SECONDED BY: Commissioner Zander
To approve the CUP Renewal NE ¼ of Section 27, Township 140, Range 95. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
MOTION BY: Commissioner Messer
SECONDED BY: Commissioner Zander
To approve the CUP Renewal SE ¼ of Section 27, Township 140, Range 95. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
PLANNING & ZONING MOTION BY: Commissioner Arthaud SECONDED BY: Commissioner Messer To approve the zoning change for Paula King from agriculture to residential.
DISPOSITION: Roll call vote. All voted aye. Motion Carried.
SPECIAL MEETING- May 20, 2021 MOTION BY: Commissioner Zander
SECONDED BY: Commissioner Messer
To rehear the 2017 abatements on May 20, 2021 at 9: 00 am. DISPOSITION: Roll call vote. All voted aye. Motion Carried
WEED BOARD Open weed board position. MOTION BY: Commissioner Arthaud SECONDED BY: Commissioner Marsh To accept Jessica O-Brien to be on the Stark County Weed Board DISPOSITION: Roll call vote. All voted aye. Motion Carried.
SURPLUS PROPERTY-PARK BOARD MOTION BY: Commissioner Arthaud
SECONDED BY: Commissioner Messer
To approve advertising for bids for the chutes from the fairgrounds. DISPOSITION: Roll call vote. All voted aye. Motion Carried.
SW VICTIM WITNESS Commissioner Arthaud questioned if there is an update on the grant/funding for the SW Victim Witness position. State's Attorney Engelstad reported that the grant can be applied for in June with the funds being disbursed in September for the next year if awarded. Chairman Franchuk stated that this budget line has a negative balance. State's Attorney Engelstad stated that this position has been grant funded in the past, but does not think it is in the employee's job description to apply for the grant. This is a county funded position that is replenished if the grant is given. Commissioner Arthaud suggested that the SW Victim Witness position be assigned a portfolio head. Commissioner Messer would like to see this position be restructured. Commissioner Arthaud stated that there was a timeline given for the employee to present reasoning for not applying for grant funds and this request was not fulfilled. Commissioner Arthaud is not willing to fund the position at the full amount. Commissioner Marsh questioned how we move forward with the restructure of this position. Chairman Franchuk feels this position should be under the State's Attorney's office. State's Attorney Engelstad suggested that if grant writing is going to be expected with this position then it needs to be in the employee's job description. Commissioner Arthaud and Commissioner Marsh don't feel like this should be funded by the County until the end of the year. State's Attorney Engelstad doesn't want it out in the public that SW Victim Witness employee isn't doing her job because she is. Commissioner Marsh requested the job description be brought forward to the next commissioner's meeting. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Arthaud To fund the position for 30 days. DISPOSITION: Roll call vote. Commissioner Messer Aye, Commissioner Arthaud Aye, Commissioner Marsh aye, Commissioner Zander nay, Chairman Franchuk aye, Motion Carried.
Commissioner Arthuad made the MOTION to adjourn at 12:56PM, Commissioner Messer SECONDED, Adjourned.
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Karen Richard, Acting Auditor
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Dean Franchuk, Chairman
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