OFFICIAL PROCEEDINGS OF THE STARK COUNTY COMMISSION August 2, 2022 Chairman Arthaud called the regular meeting of the Stark County Board of Commissioners to order at 9:04 AM. Commissioners Present: Dean Franchuk, Carla Arthaud, Bernie Marsh, Neal Messer, and Ken Zander. Department Heads Present: Auditor Karen Richard, Sheriff Corey Lee, Road Superintendent Al Heiser, Planning & Zoning Steve Josephson, Park Director Lisa Heiser, and Human Resources Joetta Pearcy. RATIFY AGENDA Arthaud adds meeting times. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To ratify the agenda as amended. DISPOSITION: All voted aye. Motion Carried. MINUTES Chairman Arthaud called for approval of the minutes from July 5, 2022. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Franchuk To approve the minutes as presented. DISPOSITION: All voted aye. Motion Carried. ACCOUNTS PAYABLE MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To approve the Accounts Payable. DISPOSITION: Roll call: Commissioners: Messer - aye, Marsh - aye, Franchuk – aye, Zander – aye. Chairman Arthaud - Aye. Motion Carried. AUGUST 2022 FINANCIALS – MINUTES 24/7 Fund: ATTORNEY GENERAL, $13,818; PHARM CHEM, $4,091.95; PRECISION KLOSK TECH, $8100; VISA, $91.54 9-1-1 Equipment: CONSOLIDATED, $42.64; PENGUIN MGMT, $2874 Cops Grant: PAYROLL: $4,124.54 County Agent: PAYROLL: $6,238.32; CONSOLIDATED, $319.82; KURT FROELICH, $511.22; HOLLY TUHY, $310.25; NDSU EXTENSION, $18,342.32; PITNEY BOWES, $169.98; VISA, $328.63; XEROX, $127.20 WALMART, $32.05 County Jail: SWMCCC, $149,962.48 County Roads: CONSOLIDATED, $234.09; ARAMARK, $62.80; AT&T MOBILITY, $36.74; BLACK HILLS TRUCKING, $2,449.77; BUTLER MACHINERY, $196.20; CENTURY LINK, $156.86; CHS, $41,480.72; CITY OF BELFIELD, $28.11; CITY OF DICKINSON, $115.40; CITY OF RICHARDTON, $114.23; DECKER SUPPLY, $245; DICKINSON SUPPLY, $151.70; DUSTBUSTERS ENTERPRISES, $24,696; FRONTIER PRECISION, $918; GOOSENECK IMPLEMENT, $97.34; HUTZ’S WELDING, $87.01; J & J OPERATING, $209.13; LAWSON PRODUCTS, $438.16; LENNY’S REPAIR, $76.19; LINDE GAS, $180.92; MAC’S INC, $21.38; MATCO TOOLS, $353.75; MDU, $442.20; MENARDS, $396.15; MGM SANITATION, $290.01; NAPA, $205.99; NDDOT, $3,699.58; NEWBY’S, $28.94; OUTBACK LUMBER, $154.800; PUMP SYSTEMS, $118.34; QUALITY XTERMINATORS, $230; ROUGHRIDER ELECTRIC, $551; SIGN SOLUTIONS, $355.80; SW WATER, $1,245.82; STEFFAN SAW & BIKE, $29.99; TY NEWTON FENCING, $3,405; VAL’S SANITATION, $270; WEST DAKOTA OIL, $5,913.42; WESTLIES, $1,061.78; ZONAR SYSTEMS, $198.96; HLEBECHUK CONSTRUCTION, $95,714.64; MAYO CONSTRUCTION, $974,998.67; MIDWEST EROSION, $2,392.50; NORTHERN PLAINS ENGINEERING, $42,967.50; RUCKUS SERVICES, $17,474; WILSON CONSTRUCTION, $9,639.52 County Weed: PAYROLL, $40,058.84; CITY OF DICKINSON, $5; CARLA ARTHAUD, $9.36; MICHAEL HOERNER, $75.02; GREG MESSER, $45; RONALD OBRITSCH, $20; DWIGHT SCHANK, $12.10; LES SIMNIONIW, $20.63; SHELLY ZIMAN, $11.25; EAST END AUTO, $313.50; FORUM, $8.47; MENARDS, $1,079.54; NUTRIEN AG, $651; QUALITY XTERMINATORS, $160; RAY’S AUTO, $33.68 COVID 19: DAKOTA BUSINESS SOLUTIONS, $600; MOTOROLA, $21,284 E9-1-1: PAYROLL, $5,606.50; APCO, $459; CITY OF DICKINSON, $17,103.57 General: PAYROLL, $448,904.27; CONSOLIDATED, $48,498.74; THOMSON REUTERS, $1,141.62; WEX HEALTH, $115.50; ARAMARK, $78.97; ARMOR INTERACTIVE, $176; BCBSND, $708.70; BUCKSHOT SPRAYING, $11,094.12; BUILDERS FIRSTSOURCE, $719.04; CENTURY LINK, $227.58; CHANNING DECKER, $350; CHOU JIM YANG, $39.16; CITY AIR, $1,709.19; CITY OF DICKINSON, $20,812.68; BADILLES NIEL, $138; KEVIN ELDRIDGE, $120; ELDON MEHRER, $73.50; BYRON RICHARD, $25; NATALIE WANDLER, $342.25; DICKINSON READY MIX, $4,620; DICKINSON TIRE, $34; DOBITZ PHOTOGRAPHY, $361.33; DURACLEAN, $2,029.50; ESS, $4,712.32; ETSYSTEMS, $859; FIRESIDE OFFICE, $98.90; FLECK’S FURNITURE, $120; FORUM COMMUNICATIONS, $1,122.44; FRONTIER PRODUCTIONS, $35,000; GRAND FORKS PD, $350; H & H FENCING, $16,488.38; NDITD, $7,381.33; JAM PEST CONTROL, $215; JOE’S AUTO, $330.86; KOMPLEKS ASSESSMENT, $10,200; LEC MAINTENANCE, $18,414.93; LEGEND AUTO BODY, $3,226.16; MACKOFF KELLOGG LAW, $1,800; MAGNUM ELECTRIC, $225; MARTIN’S WELDING $6,839.37; MDU, $10,398.28; MELBYE LAW, $1,035; MEMORY PRESERVE, $508.33; MENARDS, $216.81; NAPA DICKINSON, $133.75; NDACO, $472; NDPOA, $40; NEWBYS, $75.82; NORTHWEST IRON, $164.48; NUCPS FINANCE, $58; POST BOARD, $45; QUADIENT POSTAGE, $3,000; QUALITY INN, $777.60; QUALITY QUICK PRINT, $1,452.87; QUALITY XTERMINATORS, $250; RADISSON HOTEL, $172.80; RAZOR EDGE, $5,450; RECORD KEEPERS, $27.50; ROUGHRIDER ELECTRIC, $233.74; SANFORD HEALTH, $674.75; SAX MOTOR, $380.18; SERVICE PRINTERS, $293.65; SW WATER, $52.01; STUTSMAN COUNTY, $237.50; SUPERIOR WATER, $36; T-REX CONOCO, $124.68; TRANSUNION RISK, $75; TRIO BARREL RACING, $10,000; TYLER TECH, $584.60; VISA, $3,567.73; WALMART, $14.61; WELLCARE, $10.60; WEST RIVER ELECTRONICS, $4,949.33; WEX BANK, $12,687.99; XEROX, $150.52 Highway Distribution: PAYROLL, $193,082.10 Siren Contingency: ROUGHRIDER ELECTRIC, $360.23 County Road & Bridge: DEPT OF TRANSPORTATION, $2,466.90 Veteran’s Service Office: PAYROLL, $13,413.54; CONSOLIDATED, $27.80; JESSICA CLIFTON, $118.75; NDACTVSO, $120 Victim Witness: PAYROLL, $12,940.76; CONSOLIDATED, $21.32; VISA, $40.44 JULIE OBRIGEWITSCH – SPIRIT OF EXCELLENCE AWARD Obrigewitsch presented the May Spirit of Excellence award recipient, Colleen Rodakowski. As the executive director of Elder Care, Rodakowski has been instrumental to the success of Elder Care’s mission of giving the elderly the option of remaining in their own homes and helping them maintain a sense of independence and a better quality of life by providing nutrition and transit service. Rodakowski spoke and expressed she is very honored to receive this recognition. She thanked her Eldercare management group and board for their support along with the staff and customers and states she is very grateful to be in this role and management. Obrigewitsch announced the next award deadline is August 15, 2022. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To approve the Accounts Payable Supplement as presented. DISPOSITION: Roll call: Commissioners: Messer - aye, Marsh - aye, Franchuk – aye, Zander – aye. Chairman Arthaud - Aye. Motion Carried. COREY LEE - SHERIFF REPORT Lee presented his July 2022 report to the Commission: • Total calls for service 1443 – down from 1472 last year • Traffic stops 219 – down from 279 last year • 67 stops in the city of Dickinson and 152 stops in the county & neighboring small towns • Public Relation visits 194 – down from 246 last year • Bar checks 20 – up from 12 last year • 7 theft-related calls – up from 4 last year • 38 calls for K-9 • Transports: 9 Prisoner, 18 Court, 2 Juvenile, 4 Medical, 8 MH, 1 Prisoner Assist • 38 calls for K-9 • Responded to 16 accidents: 0 pedestrians, 1 fatality, 1 hit & run, 4 injuries, and 10 property • There were 104 arrests made. Lt. Hoff graduated from a 10-week Staff and Command School. Lee also reported that stolen vehicles are becoming an issue and is asking people to secure their vehicles. He also would like a commissioner to attend a Richardton City Council meeting with him – the 3 Affiliated Tribes are leasing the Richardton Hospital for an alcohol and drug treatment facility. Messer volunteers to attend. AL HEISER – COUNTY ROAD Heiser reports the road department is currently hauling gravel to Schefield and Richardton and also working on culverts throughout the county. JAMES KADRMAS - INTERSTATE ENGINEERING • BRZ-0045(075) 38th ST SW BRIDGE REPLACEMENT • The draft CATEX has been sent to the Department for review. This pushes the bid date to January 2023. The 90% plans will be ready for Supt. Heiser’s review next week. MIKE NJOS – HIGHLANDS ENGINEERING PROJECT REPORT • BRP-0045(074) Bridge Replacement 45-152-24.1 on 80th Ave SW– 15 miles south & 8 miles east of Richardton (HES Project #210449) The project was bid in the June 10th NDDOT bid letting. Central Specialties Inc. was the apparent low bidder at $558,747,.06. The completion date is October 1, 2023. • Bridge Replacement 45-147-1.0 on 83rd Ave SW – 8 miles north of Richardton & 4 miles east of ND8 (HES Project #210271) This project is pending funding. The environmental document and USACE permit are being prepared. Pending funding approval, the bid letting is anticipated for November 2022 and construction will most likely be in 2024. • Bridge Replacements & Removals (HES Project #220855) No word on funding distribution from the NDDOT Bridge funds. ERIC URNESS – NORTHERN PLAINS ENGINEERING PROJECT REPORT • BRR-0045(069) 127th Ave and 131st Ave Bridge replacements near Belfield Construction is complete and the project has been accepted by the DOT. • BRO-0045(070) 83rd Ave and 86th Ave Bridge Replacements south of Richardton The DOT has approved federal funding for these two bridges for replacement. The project was bid on February 11th through the NDDOT process. The project was awarded to Martin Construction for $1,243,721.05. Construction is expected to begin in October. • BRZ-0045(072) 127th Ave Bridge Replacement south of Belfield The DOT has approved funding for this project. Additional archaeological work may be required. • BRP-0045(072) 131st Ave Bridge Replacements near Belfield The DOT has approved HB 1505 funding for this project. One of the bridges is located three miles south and one mile west of Belfield. The other bridge is located one mile north and one mile west of Belfield. We are working on the design and the DOT is reviewing the environmental document. The project is scheduled to be bid this fall with construction in 2023. • CP-45(21)01 38th St. Bridge Replacement southwest of Richardton This bridge replacement is not eligible for federal aid and will be paid for with local funds. The project was bid on February 1st with Wilson Construction the low bidder at $152,068.25. Construction began on June 20th and is complete except for erosion control. We have recommended Pay Estimate #2 for $34,149.67. • CP-45(22)02 2022 Stark County Paving The project includes paving 116th Ave north of 39th St., a portion of 36th St. east of Dickinson, and the Copperleaf subdivision east of Dickinson. The project was bid on May 5th with Mayo Construction the low bidder at $1,123,724.00. Construction began on July 19 and is expected to be complete by mid-August. • CP-45(22)01 32nd St and 107th Ave Grading northeast of Dickinson The general scope of work will consist of widening the roadway and graveling in preparation for paving at a later date. The project was bid on June 7th with Hlebechuk Construction the low bidder at $1,376,225.73. A pre-construction meeting has been scheduled for August 9. Construction is expected to begin in late August. STEVE JOSEPHSON - PLANNING & ZONING Josephson presented RZ 10-22 Hunter Allerdings rezoning from Agriculture to Rural Residential, if approved the applicant wishes to build a single-family structure. Both staff and the Planning & Zoning Board recommended approval. MOTION BY: Commissioner Franchuk SECONDED BY: Commissioner Messer To approve RZ 10-22 Hunter Allerdings, rezoning from Agriculture to Rural Residential on a 5.00-acre lot located in the NW ¼ of Lot 3, 4, 5, 6, 11, and 12 located in Section 3, Township 140N, Range 97W. DISPOSITION: All voted aye. Motion Carried. DICKINSON DIAMONDS SOFTBALL GAMING PERMIT Richard presents a raffle permit application for the Dickinson Diamonds Softball held at the motorsports park. Richard assigned 138 as the permit number. MOTION BY: Commissioner Zander SECONDED BY: Commissioner Messer To approve the Dickinson Diamonds Softball raffle permit. DISPOSITION: All voted aye. Motion Carried. ST. STEPHEN CHURCH GAMING PERMIT Richard presents an application from St. Stephen Church, with all of the gaming types listed and the dates of the events listed as July 5, 2022, to June 30, 2023, along with a $10.00 check. The standard is a per event fee of $10.00 and an application needs to be submitted for each event. Richard is looking for the commission’s guidance to accept this application for all events or to require them to submit separate applications and fees for each event. Marsh states that the City charges $10.00 per single event or $25.00 for a year with all dates included on the application. Richard states the forms have been updated and they state per event, but this application was submitted before the update. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Messer To charge $10.00 for a single event and $25.00 for a yearly rate, with all event dates listed and if another date comes up then another $10.00 single event permit would need to be applied for. DISPOSITION: Roll call: Commissioners: Marsh - aye, Messer - aye, Franchuk – nay, Zander – nay. Chairman Arthaud - Aye. Motion Carried. Zander feels this is an Attorney General form from the state and that any deviation we make needs to be approved by the Attorney General’s office. Richard advises that the NDCC shows a fee range listed and she states the attorney general is not concerned with the fee, they are looking at the gaming and that it is not in conflict with a charity or something that may be there or provide gaming. Marsh suggests Richard check with the attorney general office before calling the church. Richard states she will do so. MOTION BY: Commissioner Zander To establish a committee of Franchuk and Engelstad to review this permit procedure and make some recommendations to the commission on whether we need to have a formal policy in place for this purpose, so it is fair for everybody. DISPOSITION: Zander withdraws his motion. Arthaud further states that we want to make sure this is legit, and asks Messer as the State’s Attorney portfolio holder, to visit with Engelstad and make sure this is legit. KNIGHTS OF COLUMBUS COUNCIL RAFFLE PERMIT MOTION BY: Commissioner Franchuk SECONDED BY: Commissioner Marsh To approve the Lefor Knights of Columbus Council permit. DISPOSITION: All voted aye. Motion Carried. BREAK 9:50 AM to 10:05 AM FAIRGROUNDS HILL LEVELING FUNDS MATCH Arthaud states this was tabled at a previous meeting and asked Lisa Heiser to come up to the podium. Messer states there is no written documentation of the transfer once the contractors did all that work, that it was mostly verbal and he wanted to get some background on this. He visited with a couple of former commissioners and a couple of contractors who were involved, and it was in their opinion kind of ambiguous. He would like this building funding to come before the commission as one request, instead of being segmented. Heiser states the amount the contractors donated to level the hill is $1.3 million. She states the park board and commission said to level the hill and she went out and asked the contractors to do this as a community event and they did. The contractors had the understanding and what we pitched to them, is if you donate this then we can start the building much quicker because of these dollars. Heiser states prior Chairman Kuntz made the statement that we should take this money and move it over to the fair board – there was never a motion that was made it was just a statement. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Arthaud To transfer $1.3 million out of the general fund to the fairground’s special projects account. DISCUSSION: Franchuk states that until the university fairground is decided, this may be premature and we should wait to see what happens with that and then decide on the money. Messer states we don’t have enough information on this project yet, we have a ballpark figure of what this project will run – there are a lot of moving parts for us to transfer $1.3 million - let’s find out what the project is, and then we can transfer this in the future if needed. There is no immediate need to transfer this at this point. Arthaud thinks we need to transfer and that the contractors did this with the understanding that this would be transferred. DISPOSITION: Roll call: Commissioners: Marsh - aye, Messer - nay, Franchuk – nay, Zander – nay Chairman Arthaud - Aye. Motion Failed. KAREN RICHARD - CD’S RENEWED IN JULY Richard advised there are 3 CDs to be renewed in July and all are being renewed at Cornerstone Bank at 1.25% for 12 months. KAREN RICHARD – DICKINSON POLLING CENTER FOR GENERAL ELECTION Richard reports polling locations for the primary election were Richardton and Belfield City Halls, the BAC, and the mall. Richard advised as we have to pay to use the mall location, she spoke with them and we are not going to be using the mall for the general election as we can use our facility, the Dakota Room in the Social Service building, for no charge. Richard asked the commission, because of the low voter turnout, would the commission be open to having just one voting location in Dickinson at the BAC. We would double the staff there and have just one facility open in Dickinson. Richard reports the mall was around $1500 – $1700 for the primary. The BAC is currently not charging anything for their facility. The primary election cost for approximately 3,000 voters was $10.42 a vote. Messer thinks the mall is convenient and the rent is not a big part of the cost. Lee states that with marijuana on the ballot is the BAC big enough and with the BAC and the weather people may have to stand outside. Messer thinks we should take the path that allows the easiest way for people to vote. Arthaud states the mall is easy to access for people to vote. DISPOSITION: Richard will see if the mall is available for the general. SHERRY ADAMS – SW DISTRICT HEALTH Adams addressed the SW District Health 2023 budget and they are in a hold even mill levy request. The SW District Health 2023 budget hearing is scheduled August 23 meeting where 3 commissioners will be needed for a quorum. They can hold even one more year, as the staff has worked on COVID response so they were able to take that out of the grant instead of general dollars and the 28 health units are going to the legislators to try to get an increase in state aid to try to take some of the burdens off of the counties. RILEY KUNTZ – 2019 AUDIT FINDINGS QUESTIONS/CONCERNS Kuntz addressed the commission by commenting on the 2019 state audit findings, the budget along with the salary of the State’s Attorney, and he also addressed the commission on excessive property taxes. Messer responded that there are 3 public meetings regarding the budget coming up that he invites the public to attend: August 4, 2022, a preliminary budget meeting not yet set, and then October 6, 2022. He also states that the taxes the county has levied in dollars over the past years has gone down. For the 2022 budget, the mils were reduced by 5 which was approximately a million dollars that were not taxed. KAREN RICHARD – OUTSTANDING CHECKS Richard presented one outstanding check over a year old for $16.85 to be canceled and turned over to the unclaimed property. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Zander To cancel check number 91980 for $16.85. DISPOSITION: Roll call: Commissioners: Messer - aye, Zander - aye, Marsh – aye, Franchuk – aye Chairman Arthaud - Aye. Motion Carried. KAREN RICHARD – 2023 BUDGET PREPARATION DISCUSSION Kelly Braun, Dickinson Airport manager, addressed the commission requesting a local match for a project. There are 2 grants that the airport received state funding and he is asking for a local match for the terminal concept budget report and to purchase some additional SRE, the local match is for $44,583.00. The city is also matching this amount. Funds are needed approximately in the 2nd quarter of 2023. Richard advises this request will be added to all of the other requests we have received throughout the year and will be approved / unapproved when the budget is approved. Richard also asks the commission to guide what they would like to see for salaries, so she can provide numbers on the preliminary budget. Messer states we are in high inflationary times, and he thought for discussion that we throw out a percent and give a one-time cola payment out of ARPA. Arthaud states other counties pay full health insurance, and we could look at that. Messer would like to see a 5% plus $1500 bonus for discussion. Arthaud would like to see 4%, 5%, and 6% increases for review. CARLA ARTHAUD – MEETING TIMES Arthaud states she has been approached by the public and they would like to see the commission meeting times changed to be in the evening. Zander suggests that this wait until the new commission forms at the end of the year and then they can set the time. Cindy Schaff-Ewoniuk stated the public has been asking about changing the meeting time for 4 years as we as taxpayers would like to be present at the meetings. Marsh states there are going to be conflicts no matter what day or time we set. Messer advises we have tried to deal with accessibility by broadcasting on YouTube and the phone-in number. Richard states we are looking at moving over our systems to pay bills and would like the commission to do 2 meetings a month and maybe have one in the morning and one in the evening. Commissioner Zander made MOTION to adjourn at 11:12 AM, Commissioner Messer SECONDED, Adjourned. Karen Richard, Auditor Carla Arthaud, Chairman (Oct. 5, 2022) 107747