Dunn County Board of County Commissioners

OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS October 19th, 2016

MEMBERS PRESENT: Commissioners Pelton, Scott, Kleemann and Hauck. OTHERS PRESENT: Mike Zimmerman, Tracey Dolezal and Pat Merriman

The meeting was called to order by Chairman Hauck at 9:00 a.m.

Mike Zimmerman, Road Superintendent appeared to report on the Road Department. Discussed whether the county would consider reimbursement for a fence a landowner placed several years after the road project was completed. The consensus of the Commission is not to cover the cost of the fence, as the offer at the time of construction was that the county would remove and reset the existing fence. At the time of construction, the landowner had the old fence tore out, but did not want it reset.

South Heart Road has been paved and striping will be completed in the next week.

Cal Beckman and Christian Holcomb, XTO appeared to request approval for a section line encroachment for the Dakota Federal 42X-36HXE, D, H, C, B, F, A, and E multi-well pad. NDIC is concerned about an approximate two to three foot encroachment. Mr. Beckman noted that there will be no permanent construction within the right of way. Motion by Commissioner Pelton, seconded by Commissioner Kleemann, to approve the encroachment. Upon roll call vote, all members voted “aye” and the motion carried.

Motion by Commissioner Kleemann, seconded by Commissioner Pelton, to affirm Dunn County’s Support for the Guard and Reserve. All voted “aye”, and the motion carried.

Motion by Commissioner Pelton, seconded by Commissioner Kleemann, to approve the utility permits. The motion carried.

Portfolio Reports: Human Resources – Director Giffin is planning the appreciation dinner and training event which is scheduled for February 3rd. Will work on getting door prizes and ask elected officials to put together gift baskets for silent auction to benefit programs for Social Services.

Airport – Construction is underway on the hanger which will hold five airplanes.

Kris Fehr, Best Friends Mentoring Program, appeared to request help in beginning a Community-Based Mentoring Program in Dunn County. Also appearing, Mark Billings and Emily Murphy. Ms. Fehr noted that county employee, Del Olson, is involved with the program and mentors a young boy. Following discussion, motion by Commissioner Scott, seconded by Commissioner Kleemann, to contribute $5000 to the Best Friends Mentoring Program to start a program in Dunn County. It was noted that the contribution will be eligible for matching grant funds.

Sandy Rohde, Code Administrator, appeared and presented the Planning & Zoning applications that were heard at the October 11th hearing. Motion by Commissioner Kleemann, seconded by Commissioner Pelton, to approve the following applications: 1. Devin Merritt or David Ramsay of Dickinson ND, representing Rockwater Energy Solutions filed a Conditional Use Permit for a Water Depot located in the SW4 of section 30-141-96. The property is, zoned Rural Preservation and owned by Eugene Kinzel

2. John or Rita Truchan of Killdeer ND, representing John Truchan Construction s filed a Conditional Use Permit for Water Depot piped to well sites with the possibility of up to 10 Frac Tanks in the future. The property is located in the NE4NE4 of section 32-145-95, zoned Rural Development and owned by John & Rita Truchan.

3. Robert Tuhy of Dunn Center ND, filed a Conditional Use Permit for a Temporary Water Depot with up to 10 Frac Tanks or Posiden Tank piped to wells located on the SE4 of section 19-146-94. The property is zoned Rural Preservation and owned by Robert Tuhy.

4. Robert Tuhy of Dunn Center ND, filed a Conditional Use Permit for a Temporary Water Depot with up to 10 Frac Tanks or Posiden Tank piped to wells located on the NE4 of section 18-146-94. The property is zoned Rural Preservation and owned by Robert Tuhy.

5. Delry Schwalbe of Killdeer, ND filed a Conditional Use Permit for a Temporary Water Depot to pipe water from Delry Schwalbe’s Dam to well sites. The property is located in the SW4 of Section 23-147- 95, zoned Rural Preservation and owned by Delray and Laura Schwalbe.

6. Shirley Kleeman of Killdeer, ND filed a Conditional Use Permit for a Temporary Water Depot that will be piped to well sites. The Water Deport is located in the NE4NE4 of section 21-147-95. The property is zoned Rural Preservation and owned by Shirley Kleeman.

7. Shirley Kleeman of Killdeer, ND filed a Conditional Use Permit for a Temporary Water Depot that will be piped to well sites. The Water Depot is located in the SW4 of section 22-147-95. The property is zoned Rural Preservation and owned by Shirley Kleeman.

Upon roll call vote, all members voted “aye”, and the motion carried.

Clay Cameron, representing Atwell, LLC appeared to answer any questions regarding his CUP for a MET Tower located in the SE4 of section 30-146-92. The tower will be set collect wind data. Motion by Commissioner Pelton, seconded by Commissioner Kleemann to approve the Application. Upon roll call vote, all Commissioners voted “aye”, and the motion carried.

Shawn Kluver and Nanette Edmundson appeared on behalf of EDS Renewable Resources’s Conditional Use Permit to amend the site plan for Industrial Activity, Truck Parking, Industrial Support office and ten unit Temporary Single Employee Housing with the addition of a Conference/Safety Room. The property is located in the N2NE4NW4 of section 32-146-95 zoned Rural Development and owned by SGJ Holdings/EDS-Renewable Resources. Code Administrator noted that their application is for industrial activities and truck parking and is separate from the issue with the ND Department of Health. The security fence has been put up and the liner for the berm is in place. The application came from the Planning Commission without a recommendation.

David Glatt, Section Chief of the Environmental Health Section of the ND Department of Health, appeared to update the Commission on the cleanup of the industrial site. Mr. Glatt informed the Commission that waste is currently being removed and that all material must be removed and soil testing done to determine if there is any residual contamination. Ms. Edmundson provided a copy of EDS’s Surety Bond in the amount of $869,540. Attorney Zach Pellam, representing Renewable Resources addressed the Commission. Mr. Pellam stated that the CUP application before the Commission is a site plan update and is a separate issue from the cleanup of the waste treatment facility which is under the jurisdiction of the Health Department.

Motion by Commissioner Scott, seconded by Commissioner Kleemann, to approve the CUP and updated site plan with the following conditions when conditions of original CUP are met and they are in compliance with the ND Department of Health.

1) Follow all setbacks and all applicable regulations of the Dunn Counties Land Development Code 2) The permit may be revoked by the County Commission anytime the applicant is in non- compliance with any of the conditions set by the Planning and Zoning Board or the County Commission for the issuance of the permit. 3) Copy of Liability insurance submitted. 4) Site plan must be approved by Planning and Zoning Engineer and site must be inspected to make sure site plan is followed, provided that site for proposed building has been 3rd party checked & cleared before building is constructed.

Upon roll call vote, Commissioner Scott voted “aye”, and Commissioners Pelton, Kleemann and Hauck voted “nay”. The motion failed.

Administrator Rohde noted that their building permit is in her office and ready to go once approval is obtained for the site plan. Ms. Rohde indicated that Planning and Zoning Attorney Johnson had recommended that EDS update their site plan to provide a true account of where everything is at.

Motion by Commissioner Pelton, seconded by Commissioner Scott, to approve the CUP to amend the site plan with the following conditions:

1) Follow all setbacks and all applicable regulations of the Dunn Counties Land Development Code. 2) There will be no more treatment of waste on location 3) The permit may be revoked by the County Commission anytime the applicant is in non- compliance with any of the conditions set by the Planning and Zoning Board or the County Commission for the issuance of the permit. 4) Copy of Liability insurance submitted. 5) Site plan must be approved by Planning and Zoning Engineer and site must be inspected to make sure site plan is followed, provided that site for proposed building has been 3 rd party checked & cleared before building is constructed.

Upon roll call vote, Commissioner Kleemann voted “nay”, and Commissioners Scott, Pelton and Hauck voted “aye”. The motion carried.

Becky Buchmann, County Extension Agent, appeared to report on the Extension Office. Ms. Buchmann informed the Commission that she was asked to be the mentor agent for the new McKenzie County Ag Extension Agent and will also be assisting Stark and McKenzie County with the “Design your Succession Plan” workshop. The FNP position has not been filled and has been reposted by the

Motion by Commissioner Scott, seconded by Commissioner Pelton, to approve the following vouchers:

GENERAL FUND Warr # TO: FOR: AMOUNT: 174678 Advanced Business Methods Office equipment $431.90 174679 Calihou, Dessie Travel expense $270.34 174680 CDW Government LLC Parts $4,320.00 174681 Chadbourn, Joshua Travel expense $150.50 174682 Country Media Publishing $1,011.20 174683 Country Media Radio $37.70 174684 Dickinson Tire Tires $822.08 174685 Erickson, Ben Travel expense $84.00 174686 Expressway Suites Travel expense $284.85 174687 Ferebee, Cliff REAP travel $87.06 174688 Forsgren Associates P&Z $3,998.19 174689 Giffin, Denise Travel expense $378.96 174690 Halonen, Dan Travel expense $199.50 174691 Hampton Inn & Suites Travel expense $1,825.90 174692 Hegstad, Matt Travel expense $133.00 174693 Information Tech Dept Tech Support $2,350.82 174694 Just-In Glass Parts $40.00 174695 Kadrmas, Ray Travel expense $34.56 174696 Killdeer, City of Utilities $183.70 174697 Klatt, David Travel expense $98.00 174698 Kohler Communications Supplies $3.50 174699 MDU Utilities $583.62 174700 Murphy, Sean Travel expense $84.00 174701 NDACo Resources Group Tech Support $6,542.00 174702 Norby, Jeremy Travel expense $16.20 174703 Pelton, Craig Travel, phone $332.20 174704 Randall, Mark Travel expense $17.50 174705 Rhoades, Hunter Travel expense $91.00 174706 Rodke, Matt Travel expense $497.00 174707 Sanford Health Occupational Misc $270.00 174708 Schmidt, Andrew Travel expense $35.64 174709 Scott, Donna Travel expense $10.80 174710 Sigloh, Danielle Travel expense $94.50 174711 Streifel, Leonard Housing $107.40 174712 Sul, Tim Travel expense $136.49 174713 Thos Y Pickett Professional fees $11,500.00 174714 Tyler Technologies Tech Support $176.00 174715 Uniform Center Uniforms $52.00 174716 Whittingham, Fred Travel expense $280.00 174746 TMI Co building maintance $3,202.00 174750 AmeriPride Janitorial $345.39 174751 Consolidated Telephone expense $1,913.12 174752 VISA Supples, Travel, postage $3,074.98 174752 McKenzie Electric Utilities $45.77 174754 Roughrider Electric Utilities $1,268.73 174755 Verizon Wireless Telephone expense $1,683.56 174756 Western Choice Co building maintance $46.47

ROAD & BRIDGE 174643 All Pro Services Shop Maintenance $23,185.00 174644 American Welding & Gas Shop supplies $38.95 174645 Ameripride Service Office Supplies $573.20 174646 Bartlett & West Engineering $15,113.58 174647 Benz Oil Co Inc Gas/Fuel/Oil $12,577.60 174648 Bierschbach Equipment & Supply Shop Maintenance $200.00 174649 Bosch Lumber Co Shop Maintenance $83.97 174650 Consolidated Telephone Telephone expense $627.74 174651 Contech Engineered Solutions LLC Culverts $652.70 174652 Dickinson Supply Inc Shop supplies $1,684.86 174653 DTE, Inc Repairs $360.00 174654 Embroidery Arts Shop supplies $140.00 174655 Farmers Union Oil Co Gas/Fuel/Oil $1,912.92 174656 Hedahls Headquarter Parts $20.90 174657 JD Fencing Fencing $4,631.50 174658 Killdeer, City Of Water $227.38 174659 Lawson Products Inc Shop supplies $1,701.57 174660 LF Grading Llc Small Projects $52,460.00 174661 Lori Tabor Vehicle Registration $38.00 174662 MDU Electricity $996.93 174663 Michael Todd & Co Signs $819.60 174664 Myron's Heating & A/C Shop Maintenance $392.80 174665 ND Dept Of Transportation Road Projects $114,033.43 174666 North Dakota One Call One Call $2.00 174667 Polar Service Center Parts $222.99 174668 Prairie Auto Parts Parts $843.33 174669 Prairie Implement Parts $11.23 174670 Road Equipment Shop supplies $903.90 174671 Rockmount Research & Alloys Shop supplies $1,674.20 174672 Roughrider Electric Electricity $668.00 174673 Source One Supply Inc. Shop supplies $327.47 174674 Swanston Equipment Equipment $71,356.00 174675 Team Laboratory Chem Corp Shop supplies $120.50 174676 Verizon Telephone Telephone expense $226.18 174677 Western Choice Cooperative Gas/Fuel/Oil $6,820.56

CAPITAL PROJECTS 174735 JLG Architects New Addition $11,744.83

DEM 174752 VISA Fuel $35.81 174719 Denise Brew Supplies $318.84

WEED CONTROL 174722 Crop Production Services Chemical $37,051.40 174723 Dakota Soda & Sand Blasting Repairs $725.00 174730 Ferebee, Cliff Mileage $35.10 174734 Jablonsky, Richard Mileage $23.22 174745 Stein, Russ Mileage $22.68 174750 AmeriPride Janitor $62.40 174754 Roughrider Electric Utilities $121.00 174756 Western Choice Fuel, Supplies $89.46

COUNTY AGENT 174752 VISA Supplies $100.00 174678 Advanced Business Methods Office equipment $431.90 174748 Wanek, Janet Travel expense $15.00 174751 Consolidated Telephone expense $192.90

INSURANCE 174717 Advanced Collision Center Repairs $16,266.57 174726 Duane's Body Shop Repairs $1,000.00 174729 Farmers Union Insurance Insurance $224.00

E911 174740 ND State Radio E911 $6,652.80 174743 Reservation Telephone E911 $80.00

24-7 FEES 174742 Redwood Toxicology Supplies $25.00 174741 Pharm Chem, Inc Supplies $200.00

COUNTY PARK 174753 McKenzie Electric Utilities $67.23

SHERIFF GRANT 174718 Belfield Housing Authority Housing $500.00 174720 Clay Coker Housing $500.00 174725 Dohrmann, Art Housing $500.00 174727 Dunn County Auditor Housing $500.00 174728 Dvirnak, Tim Housing $500.00 174731 Heart River Properties Housing $500.00 174732 Heart River Properties Housing $500.00 174733 Hegstad, Matthew Housing $500.00 174736 David Klatt Housing $500.00 174737 Lincoln Meadows Housing $500.00 174738 Lincoln Meadows Housing $500.00 174739 Brenda Merriman Housing $500.00 174744 Rich Wardner Housing $500.00 174747 Villas at Sundance Cove 2 Housing $500.00 174749 Whittingham, Fred Housing $500.00

VISION WEST GRANT 174724 DLN Consulting, Inc Vision West $2,636.45

Upon roll call vote, the motion carried unanimously.

Motion by Commissioner Kleemann, seconded by Commissioner Pelton to adjourn. All voted “aye”, and the meeting was adjourned at 11:51 p.m.

______Reinhard Hauck, Chairman

ATTEST:

______November 2, 2016 Tracey Dolezal, Auditor Date