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OFFICIAL PROCEEDINGS OF THE STARK COUNTY

OFFICIAL PROCEEDINGS OF THE STARK COUNTY COMMISSION December 6, 2022 Vice Chairman Marsh called the regular meeting of the Stark County Board of Commissioners to order at 9:00 AM. Commissioners Present: Dean Franchuk, Paul Clarys, Bernie Marsh, Neal Messer, and Cory White. Department Heads Present: Auditor Karen Richard, Sheriff Corey Lee, Road Superintendent Al Heiser, Planning & Zoning Steve Josephson, States Attorney Amanda Engelstad, Human Resources Joetta Pearcy, Tax Director Natalie Wandler, and Veterans Service Officer Jessica Clifton. OATH OF OFFICE FOR NEW COMMISSIONERS Judge William Herauf issued the Oath of Office to the new commissioners: Paul Clarys and Cory White. SELECTION OF COUNTY CHAIRMAN Marsh called for nominations for the County Chairman. Messer nominated Dean Franchuk for the position of County Chairman. Marsh calls any more nominations 3 more times. Marsh declares nominations for County Chairman cease. Marsh asks for a vote to declare Dean Franchuk as County Chairman. DISPOSITION: All voted aye. Motion Carried. Franchuk called for nominations for the Vice-Chair. Clarys nominates Neal Messer for the position of Vice-Chair. Franchuk calls for any more nominations 3 more times. Franchuk declares nominations for Vice-Chair cease. Franchuk asks for a vote to declare Neal Messer as Vice-Chair. DISPOSITION: All voted aye. Motion Carried. RATIFY AGENDA Engelstad states the ARPA County Agent should be tabled until January. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To ratify the agenda as amended. DISPOSITION: All voted aye. Motion Carried. MINUTES Chairman Franchuk called for approval of the minutes from November 1, 2022. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Messer To approve the minutes as presented. DISPOSITION: All voted aye. Motion Carried. MINUTES Chairman Franchuk called for approval of the minutes from November 7, 2022. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To approve the minutes as presented. DISPOSITION: All voted aye. Motion Carried. MINUTES Chairman Franchuk called for approval of the Canvassing Board minutes from November 21, 2022. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner White To approve the minutes as presented. DISPOSITION: All voted aye. Motion Carried. ACCOUNTS PAYABLE MOTION BY: Commissioner Messer SECONDED BY: Commissioner White To approve the resolution and supplement as presented. DISPOSITION: Roll call: Commissioners: Messer - aye, White - aye, Marsh - aye, Clarys - aye, Chairman Franchuk – aye. Motion Carried. JULIE OBRIGEWITSCH – STARK COUNTY SPIRIT OF EXCELLENCE AWARD Obrigewitsch introduced Brian Benesh as the August 2022 recipient of the Stark County Spirit of Excellence Award. Benesh, a Vietnam Veteran, has placed an individual flag on every Veteran’s gravestone for Memorial Day for the past 27 years. He has also led the Veterans Day program for over 18 years, as he felt it was his duty to pay tribute to all who have served. He also spearheaded a program called “Adopt a Vet”, encouraging community members to take an extra flower to the cemetery for Memorial Day, locate a Veteran’s grave that does not have flowers, and place it there, to assure no Veteran is ever forgotten. He lives a life of giving to others who have given their lives for our country’s freedoms. Benesch spoke and said he does what he does to honor and remember what these people have done and he believes a flag and a flower once a year is the very least they deserve. The next deadline for Spirit of Excellence applications is February 15th. ELDON MEHRER – SHERIFF REPORT Mehrer presented the November 2022 report to the Commission: • Total calls for service 1067 – down from 1292 last year • Traffic stops 110 – down from 243 last year • 4 theft-related calls – down from 6 last year • 162 PR stops – down from 171 last year • 5 Bar checks – down from 12 last year • 30 calls for K-9 • Transports: 13 Prisoner, 12 Court, 2 Juvenile, 8 Medical, 4 MH, 1 Another Agency • Responded to 18 accidents: 0 pedestrians, 0 fatalities, 2 hit & run, 5 injuries, and 11 property • 69 Total Arrests. AL HEISER – COUNTY ROAD Heiser reports there is a bridge east of Richardton, that due to erosion, has a cavity developing under it. He has a quote to use foam to repair it at approximately $37,000.00 and they will be fixing the bridge within the next month. Heiser addressed the bulk fuel tank he brought up previously. He states we could save .15 to .20 a gallon on bulk purchases and they burn over 40,000 gallons a year in the road department, so the tank would eventually pay for itself. The tank is approximately $37,000.00 for a complete setup which includes the pump. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Clarys To approve the purchase of the fuel tank. DISPOSITION: Roll call: Commissioners: Marsh - aye, Clarys - aye, White - aye, Messer - aye, Chairman Franchuk – aye. Motion Carried. COUNTY RIGHT OF WAY PERMIT FOR BELFIELD EXCHANGE Ross Kuntz, Outside Plant Operations Manager for Consolidated Telecom addressed the commission requesting approval of a blanket permit allowing them to place cable as necessary inside the county road setback. They were awarded a federal grant to build out fiber optics for all Belfield rural subscribers. The blanket permit is crucial to starting this project in the spring of 2023. Consolidated would like permission to place cable inside the county setback on all twenty-three miles of undisturbed land and allow them to place cable inside the county setback on disturbed lands where the landowner asks them to. There are 110 route miles in Stark County, 87 are planned on disturbed soil and 23 miles are planned on undisturbed soil. Consolidated acknowledges that anytime a cable placed inside the county’s right of way needs to be relocated for road maintenance, the cable will be relocated at no expense to the county. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To authorize Consolidated the documentation and easement they need to complete their project with the understanding they provide a final as-built document at the completion of the project. DISPOSITION: Roll call: Commissioners: Messer - aye, Marsh - aye, White - aye, Clarys - aye, Chairman Franchuk – aye. Motion Carried. JAMES KADRMAS – INTERSTATE ENGINEERING • BRZ-0045(075) 38th ST SW BRIDGE REPLACEMENT The SHPO review was received with the determination of “No Historic Properties Affected”. There is still no response from DOT on the draft environmental document. This delay pushes construction to 2024. JEREMY WOOD – NORTHERN PLAINS ENGINEERING PROJECT REPORT • BRO-0045(070) 83rd Ave and 86th Ave Bridge Replacements south of Richardton Construction is complete and the project has been accepted by the DOT. • 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. The project is scheduled to be bid on January 13th with construction in 2023. • CP-45(22)01 32nd St and 107th Ave Grading northeast of Dickinson Construction began on August 22nd. We have recommended pay estimate #4 in the amount of $235,710.45. The project has been suspended for the winter. 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) This project is on hold for construction in 2023. Central Specialties Inc. was awarded the project. 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 a bridge replacement with a precast box culvert. The final environmental document (DCE) will be submitted after receiving SHPO concurrence on 11/29/22. The USACE permit is pending approval. The bi8d letting is anticipated for spring of 2023. Construction will most likely be in 2024. • BRJ-0045(077) PCN 23737 3 Each Bridge Removals & Replace with Low-Water Crossings (HES Project #220900) The cultural resource and wetland surveys are complete and are anticipated to be received by the end of 2022. Then, both the USACE JD letter and the SHPO concurrence request letters can be sent. The solicitation of view letters responses has been received and the draft environmental document can be submitted to the NDDOT. We are targeting a spring 2023 bid and possible construction by end of 2023. ANDREW KREBS – KLJ • CBP-0045(17)02 Site 1 Wetland Mitigation Monitoring 47th St SW The wetland mitigation monitoring report for 2022 was completed and submitted to the USACE on September 14, 2022. The mitigation site is currently at .30 acres which is .08 acres short of the required .38 acres. Waiting on a response from the USACE. Monitoring is currently scheduled to continue in 2023. • Hwy 10 & 116th Ave SW Intersection Improvements Working with Heiser to put together an application for Highway Safety Improvement Program (HSIP) funding to install a roundabout at this location. Applications are due December 31, 2022. • 2024 Chip Seal East of Dickinson Future chip seal project on some of the paved roads east of Dickinson. Working with Heiser to determine the scope of the project for 2024 construction. • Stark County Pit Jaeger Pit: KLJ completed 2 separate stockpile measurements. STEVE JOSEPHSON – PLANNING & ZONING Josephson presented MSP 01-22-Bruce Krank requesting a Minor Subdivision Plat of the Indigo Acres Subdivision located in the W760 feet of the NW 1⁄4 of Section 34, Township 138 North, Range 96 West containing approximately 35 acres. Both Staff and Zoning Board recommended approval. MOTION BY: Commissioner Messer SECONDED BY: Commissioner White To approve MSP 01-22-Bruce Krank Minor Subdivision Plat of the Indigo Acres Subdivision located in the W760 feet of the NW 1⁄4 of Section 24, Township 138 North, Range 96 West containing approximately 35 acres. DISPOSITION: Roll call: Commissioners: Messer - aye, White - aye, Marsh - aye, Clarys - aye, Chairman Franchuk – aye. Motion Carried. Josephson presented MSP 02-22-David and Desirae Reuer and Larry Goldsmith requesting a Minor Subdivision Plat of the Rolloville Subdivision, a Replat of Lot 1, Block 2 of Antelope Subdivision in the NW 1⁄4 of Section 17, Township 139 North, Range 91 West containing approximately 10 acres. Both Staff and Zoning Board recommended approval. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To approve MSP 02-22-David and Desirae Reuer and Larry Goldsmith Minor Subdivision Plat of the Rolloville Subdivision, a Replat of Lot 1, Block 2 of Antelope Subdivision in the NW 1⁄4 of Section 17, Township 139 North, Range 91 West containing approximately 10 acres. DISPOSITION: Roll call: Commissioners: Messer - aye, Clarys - aye, Marsh - aye, White - aye, Chairman Franchuk – aye. Motion Carried. KAREN RICHARD - STARK COUNTY OFFICIAL NEWSPAPER Richard reports the newspaper was not on the ballot for the general election but states the Dickinson Press is the only option for an official newspaper and would like the commission to accept them as our official newspaper for the next 4 years. Richard will have an application submitted by The Dickinson Press if the commission approves them as the official newspaper. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner White To approve The Dickinson Press as the official newspaper for Stark County for the next 4 years. DISPOSITION: All voted aye. Motion Carried. AMANDA ENGELSTAD – MACKOFF KELLOGG CONTRACT Engelstad reports Mackoff Kellogg has been doing the mental health hearings for 8 or so years and they sent a new Memorandum of Understanding asking for an additional $200 per month. Engelstad feels that is appropriate as they are seeing a lot more hearings. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To authorize the signing of the Memorandum of Understanding with Mackoff Kellogg regarding the mental health contract representation. DISPOSITION: Roll call: Commissioners: Messer - aye, Clarys - aye, Marsh - aye, White - aye, Chairman Franchuk – aye. Motion Carried. PARK BOARD MEETING: 10:00 - 10:29 AM BREAK 10:29 AM to 10:42 AM MIDA BONDS – DICKINSON CATHOLIC SCHOOLS Marya Skaare, president of Trinity Catholic Schools addressed the commission stating they are constructing an early childhood center with elementary growth potential on the north Trinity building campus. They are seeking a MIDA bond, which uses bond dollars to keep the rate low. The project has 2 phases – Phase 1 is early childhood with the future elementary space will be completed by February 1 and occupied by students Fall of 2023. To have elementary students housed on the 2nd floor there will need to be a gymnasium and cafeteria which is the 2nd phase that will break ground next year and be completed by end of 2023 to house elementary grades by Fall of 2024. Phase 1 cost is 7.4 million and phase two is 5.2 million. They are also working on a grant which they hope will be approximately 3.95 million. They have been working with Choice Bank on long-term financing and used a bridge loan of 4 million through the Diocese of Bismarck along with self-funded cash of 1.5 million to start the project. Marsh asks for confirmation that there is no financial commitment from the county. Skaare responds that no, this is just a conduit for the funding, with No liability to the county. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To authorize the County Auditor to sign the certificate as presented and authorize the Chair to sign the resolution as presented with the change of the public hearing will be at our first meeting in 2023. DISPOSITION: Roll call: Commissioners: Messer - aye, Clarys - aye, Marsh - aye, White - aye, Chairman Franchuk – aye. Motion Carried. KAREN RICHARD - DELINQUENT PROPERTY PRICING OFFER TO CITIES Richard provided a list of properties that are currently held by Stark County, for the current and previous years. These properties can be offered to the cities for reduced rates, often $1 to $50. Richard would like to know which properties should be offered to the cities and for what price. Messer states each property is unique and ran through an overview of each property for the commission. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To authorize the offer of Parcel 44-0003-04186-100 to the city of Gladstone for $25.00 and Parcels 46- 001-06131-000 and 46-001-06353-000 to the city of Belfield for $25.00 each. DISPOSITION: Roll call: Commissioners: Messer - aye, Clarys - aye, Marsh - aye, White - aye, Chairman Franchuk – aye. Motion Carried. NATALIE WANDLER – VANGUARD CONTRACT Wandler states that when we were provided our quote for budgeting they forgot about the website contract. Typically, we get a one-year renewal, but this year we have the option to get a 1, 3, or 5-year contract. We had budgeted $12,500 for this year. Wandler suggests we go with the 5-year contract for $13,650.00. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To accept the 5-year renewal of the Vanguard website contract. DISPOSITION: Roll call: Commissioners: Messer - aye, Marsh - aye, White - aye, Clarys - aye, Chairman Franchuk – aye. Motion Carried. COUNTY COMMISSIONER PORTFOLIOS & BOARDS Franchuk presented a handout with his recommendations for the portfolios & boards for 2023: Franchuk – Dickinson Zoning Board, County Park, Community Action, Roosevelt Custer, County Zoning, Sheriff Department, Personnel and Human Resources, Finance, Auditor’s Office, and County Voting Delegate; Messer – County Park, Finance, Stark Development, Job Development Authority Board, Sheriff Department, State’s Attorney, Buildings and Grounds, Veterans Services, Tax Director, Western Dakota Energy Center, and Auditor’s Office; Marsh – LEC Building Committee, County Park, Housing Authority, Job Development Authority, Road Department, Stark County Fair Association, ND State Fair Delegate, Information Technology, Asset Forfeiture Committee, and Finance; Clarys – Emergency Management, County Park, County Zoning Board, Roughrider North Zone Social Service Board, Information Technology, Weed Board, Extension Service, Finance, and SW Multi Correction Center; White – SW Health Unit, County Park, Finance, Housing Authority, Dickinson Airport Board, Recorder’s Office, Sunrise Youth Bureau Board, and Vision West. Marsh asks for Emergency Management / 911 to be moved under his portfolio as he has an interest in that area. Messer thinks that could be shared by both commissioners as it has grown to be large. Marsh and Clarys agree to share. MOTION BY: Commissioner Messer SECONDED BY: Commissioner White To approve the portfolios as presented with the addition of Commissioner Marsh to Emergency Management / 911. DISPOSITION: All voted aye. Motion Carried. Franchuk advises there are 2 openings on the Stark County Zoning Board: Sandra Kuntz and Sue Larsen. He states Brock White from South Heart has shown interest in being on the board. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To appoint Brock White and re-appoint Sue Larsen to the Stark County Zoning Board for a 4-year term. DISPOSITION: All voted aye. Motion Carried. Richard suggests to the commission that going forward, as we have board spots that are expiring, we publish the board openings and let people apply for the open positions. It would give people the opportunity to get on the boards if they are interested. They would post in the newspaper and website. No other boards need to be appointed as of today. 2023 MEETING DATES Richard presents option 1 – moving the meeting dates to Wednesdays and option 2 which would keep the meetings on the first Tuesday of each month. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Marsh To adopt option 2, stay at 9 AM and move the January, July, and September meetings to the Thursday following the first Tuesday. DISPOSITION: All voted aye. Motion Carried. LANA JAHNER – CHRISTMAS EVE HOLIDAY Jahner presented information to the commission regarding the Christmas Eve holiday. In a typical year, the staff is granted 4 hours of Holiday pay for Christmas Eve, as Christmas Eve is a Saturday this year she asked the commission to consider granting the staff 4 hours of leave on Friday the 23rd and closing the courthouse offices for that morning. MOTION BY: Commissioner Franchuk SECONDED BY: Commissioner White To close on the 23rd of December 22, with holiday pay. DISPOSITION: Roll call: Commissioners: White - aye, Marsh- nay, Clarys - aye, Messer - aye, Chairman Franchuk – aye. Motion Carried. AMANDA ENGELSTAD – SOCIAL SERVICE EMPLOYEES ARPA BONUS UPDATE Engelstad advises that Billings County State’s Attorney Pat Weir wrote a legal opinion that we would not be able to grant these bonuses based on the budgeting is done with the Department of Human Services and the county is not involved. She is asking the commission to suspend the payment, as Pat Weir has reached out to the ND Department of Human Services legal team for an opinion. The commission had previously made a motion to give $15,000 towards these bonuses out of ARPA funds. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To rescind the motion to give Social Service employees $15,000.00 out of ARPA funds, but earmark those funds until we have a resolution. DISPOSITION: Roll call: Commissioners: Messer - aye, Clarys - aye, Marsh - aye, White - aye, Chairman Franchuk – aye. Motion Carried. KAREN RICHARD – APPROVE ELECTION WORKER PAYROLL Richard presented the payroll for the General Election 2023 workers. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Messer To approve the payroll as presented. DISPOSITION: Roll call: Commissioners: Messer - aye, Marsh - aye, Clarys - aye, White - aye, Chairman Franchuk – aye. Motion Carried. KAREN RICHARD – COUNTY CD’S RENEWED Richard provided an update on CDs renewed in November 2022. $500,000 was renewed with Bravera for 12 months @ 3.31% and $500,000 was renewed with Cornerstone Bank for 12 months @ 3.52%. BEER & LIQUOR FEE SCHEDULE Engelstad presented a Resolution and a Beer and Liquor fee schedule as to how the statute breaks it down. The problem prior was there was no set fee – there was no consistency. Richard states the current applications have sent in money for the amount they have previously paid. She recommends we accept those received for this year and set the resolution and in November of each year forward set the rate. Marsh suggests applications be turned in by Oct 31. Franchuk would like to see the clubs and nonprofits be a little less than those that are open year-round. Messer suggests Marsh and White meet and put together recommendations on the fee schedule and bring those back to the commission for approval. DISPOSITION: Marsh and White will bring recommendations back to the commission for approval in early 2023. Richard presented the beer and liquor applications that have been received for 2023. MOTION BY: Commissioner Clarys SECONDED BY: Commissioner White To approve the liquor license for Green 19 Grill & Lounge. DISPOSITION: All voted aye. Motion Carried. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To approve the beer license for Green 19 Grill & Lounge. DISPOSITION: All voted aye. Motion Carried. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Clarys To approve the beer & liquor license for Wix Barn and Lodge, LLC. DISPOSITION: All voted aye. Motion Carried. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To approve the beer & liquor license for County Line Truck Stop. DISPOSITION: All voted aye. Motion Carried. MOTION BY: Commissioner Clarys SECONDED BY: Commissioner White To approve the liquor license for Assumption Abbey. DISPOSITION: All voted aye. Motion Carried. MOTION BY: Commissioner Marsh SECONDED BY: Commissioner Messer To approve the beer & liquor license for August House. DISPOSITION: All voted aye. Motion Carried. MOTION BY: Commissioner White SECONDED BY: Commissioner Marsh To approve the beer & liquor license for Fluffy Fields Vineyard & Winery. DISPOSITION: All voted aye. Motion Carried. MOTION BY: Commissioner Messer SECONDED BY: Commissioner Clarys To approve the beer & liquor license for Lefor Columbus Club. DISPOSITION: All voted aye. Motion Carried. Commissioner Messer made MOTION to adjourn at 11:48 AM, Commissioner White SECONDED, Adjourned. KAREN RICHARD AUDITOR Karen Richard, Auditor Dean Franchuk, Chairman DEPUTY AUDITOR Lana Jahner BOARD OF COMMISSIONERS DEAN FRANCHUK, Chairman NEAL MESSER, Vice-Chair BERNIE MARSH PAUL CLARYS CORY WHITE (Jan. 28, 2023) 158744