September 5, 2006 Regular meeting minutes

     The regular meeting of the Ward County Commission was called to order by Chairman Gruenberg at 9:00 am with Comms. Romine, Watne, Erickson, and Lee present.  Also present were Auditor/Treasurer Devra Smestad and County Engineer Roger Kluck.

      Moved by Comm. Watne, seconded by Comm. Erickson to accept and approve the minutes of the August 15, 2006 regular meeting. Roll call: all voted yes; motion carried.

      Smestad then presented additions to the agenda.

      Smestad then presented bills. Sheriff Vern Erck, Chief Deputy Dave Bosh, and Kluck appeared for comment. Moved by Comm. Erickson, seconded by Comm. Romine to approve the Social Service bills totaling $18,621.14 and the bills totaling $270,487.51. Roll call: all voted yes; motion carried.

      David Hogue then appeared regarding the refinancing of Trinity Health’s long term debt. After brief discussion it was moved by Comm. Romine, seconded by Comm. Watne to approve the request of Trinity Health to begin the bonding process and public hearings to issue revenue bonds to finance Trinity Health’s long term debt, with Ward County as the sponsoring agent at no cost to the County. Roll call: all voted yes; motion carried.

      Director of Tax Equalization Don Siebert then appeared. Moved by Comm. Watne, seconded by Comm. Erickson to approve the following plat applications as recommended by the Township Boards, the Water Resource Board, the County Planning Commission and Siebert: Steve Kukowski for Sublot A of Outlot 4 of SE, Section 24-155-84 (Burlington Township); Norman Sollid on behalf of Roger Haaland for Outlot 2 of NESE, Section 3-156-86 (Berthold Township); and Norman Sollid on behalf of Roger Halland for Outlot 1 of NESE, Section 26-157-86 (Carpio Township); to approve the following applications and/or corrections of errors of assessments: Corey Anderson, SR 00-000-500-0210, reduce the 2006 true and full value from $138,000 to $118,000; Leona Peterson, RL 00-000-900-0020, reduce the 2005 true and full value from $57,600 to $37,000; Trisha N. Johnson, MI 22-932-000-0120, reduce the 2006 true and full value from $124,600 to $155,800; Minot State University Development Foundation, MI 14-274-010-0120, reduce the 2006 true and full value from $16,800 to $9,400 and MI 14-274-010-0110, reduce the 2006 true and full value from $44,200 to $20,800; Lynn Voth, MI 23-097-010-0130, reduce the 2006 true and full value from $120,000 to $9,000 for blind exemption; to approve the following applications for two-year new home construction exemption: Jim B. Selk, SY 00-003-800-600, reduce 2006 true and full value from $109,200 to $78,000; Michael Zimmerman, MI 36-966-000-0141, reduce 2006 true and full value from $96,800 to $66,800; Carl S. Schorr, MI 11-A08-000-0040, reduce 2006 true and full value from $72,600 to $46,400; Chelsea A. Peterson, MI 11-A08-000-0060, reduce the 2006 true and full value from $72,600 to $46,400; Darlwin Langit, MI 11-A08-000-0050, reduce 2006 true and full value from $72,600 to $41,200; Allan Hildahl, MI 27-A16-000-0220, reduce 2006 true and full value from $19,800 to $12,600; Marguerite Lee, MI 27-A16-000-0206, reduce 2006 true and full value from $13,600 to $7,600; James Schmidt, MI 27-A16-000-0306, reduce the 2006 true and full value from $13,600 to $8,600; Katherine M. Hansen, MI 27-A16-000-0316, reduce 2006 true and full value from $14,400 to $9,200; Leonard Anderson, NE 51-040-51, remove 2006 true and full value, home is considered real property; Joanna Dahly, MI 15-009-010-0060, qualifies for 40% homestead credit for 2006. Roll call: all voted yes; motion carried.

      IT Coordinator Leonard Tennyson then appeared. With representatives of Premiere Pages and Cross Products, Inc. present, it was moved by Comm. Lee, seconded by Comm. Gruenberg to have Premiere Pages and Cross Products, Inc. present mock Ward County websites to the Commissioners at the next meeting. Roll call: all voted yes; motion carried.

      Emergency Manager Al Reynolds then appeared regarding National Incident Management System (NIMS) training. Reynolds explained that the training was necessary to receive Homeland Security funding and encouraged the Commissioners to attend all of the training. No further action was taken at this time.

      Smestad then presented items to the Board.

      Moved by Comm. Romine, seconded by Comm. Erickson to receive and file the following correspondence: Jerome Gruenberg letter to David Waind; Rocky Skarsgard letter to Commissioners; ND Department of Transportation letter regarding project SS-4-023(008)105 on State Highway 23. Roll call: all voted yes; motion carried.

      Moved by Comm. Watne, seconded by Comm. Erickson to recognize Magic City Youth Baseball as a public spirited organization. Roll call: all voted yes; motion carried.

      Moved by Comm. Erickson, seconded by Comm. Watne to approve the following applications for raffle and bingo permits: Magic City Youth Baseball for September 17, 2006 with prizes totaling approximately $1,300; Minot Y’s Men Indoor Rodeo for October 5-8, 2006 with prizes totaling approximately $500; North Plains PTA for October 13, 2006 with prizes totaling approximately $1,000. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Moved by Comm. Watne, seconded by Comm. Erickson to amend the drawing date of the Minot Trailriders, Inc. permit (number 060-512-1) to February 7, 2007. Roll call: all voted yes; motion carried.

      Moved by Comm. Watne, seconded by Comm. Erickson to authorize the Chairman’s signature on a ND Division of Emergency Services Notice of Grant Award for FY 06 State Homeland Security Grant – Regional Response Training. Roll call: all voted yes; motion carried.

      Moved by Comm. Watne, seconded by Comm. Romine that a budget amendment to increase the independent living position in the amount of $5,396, with the monies to be 100% reimbursed from the ND Department of Human Services, be approved. Roll call: all voted yes; motion carried.

      Moved by Comm. Erickson, seconded by Comm. Watne to approve a budget amendment request from the Sheriff's Department to increase auto expenses $2,121.60, with the insurance money paid for a patrol vehicle repair. Roll call: all voted yes; motion carried.

      Moved by Comm. Watne, seconded by Comm. Romine to adopt the following resolution:

 

WHEREAS, Ward County, North Dakota, a North Dakota political subdivision organized pursuant to and existing under the provisions of North Dakota Century Code Title 11 (the “County”) finds it is necessary and in the public interest to institute proceedings for the issuance of its General Obligation Bonds (the “Bonds”) pursuant to North Dakota Century Code Chapter 21-03 as follows:

1.      The maximum of Bonds proposed to be issued is $19,900,000.00.

2.      The public purpose for which the Bonds are proposed to be issued is to provide funds to Construct a County administration building, parking, access to and partial renovation of existing Courthouse and work incidental thereto and to pay costs incidental to such work and bond issuance.

3.   The assessed valuation of all taxable property in the County, being fifty percent of the true and full value of all taxable property in the County, is $127,463,000.00      .

 4.  The County has outstanding General Obligation bonded indebtedness in the amount of $68,000.00.

5.   The County has outstanding General Obligation bonded indebtedness issued for a similar purpose in the amount of $0.00.

BE IT THEREFORE RESOLVED, by the governing body of the County that the County issue its General Obligation Bonds in a maximum amount of $19,900,000.00 pursuant to and in accordance with the laws of the State of North Dakota.

Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Moved by Comm. Watne, seconded by Comm. Romine to adopt the following resolution:

WHEREAS, the Ward County Board of Commissioners (the “Governing Body”) adopted an Initial Resolution for the Issuance of General Obligation Bonds (the “Resolution”) on September 5, 2006, calling for the issuance of a maximum of $19,900,000.00 of Ward County, North Dakota, General Obligation Bonds for the purpose of providing funds to Construct a County administration building, parking, access to and partial renovation of existing Courthouse and work incidental thereto and to pay costs incidental to such work and bond issuance; and

WHEREAS, in the judgment of the Governing Body the question of whether such Resolution shall be approved shall be submitted to the qualified electros of Ward County, North Dakota at the general election to be held November 7, 2006.

BE IT HEREWITH RESOLVED, that at the general election the question of whether the Resolution for issuance of bonds adopted by the Governing Body on September 5, 2006, shall be submitted to the electors of Ward County Commissioners, North Dakota; and

BE IT FURTHER RESOLVED, that the polling hours, polling places and the respective election officials shall be the same as those designated for the general election on November 7, 2006; and          

BE IT FURTHER RESOLVED, that notice of election be given by the County Auditor/Treasurer by causing a notice of bond election to be published once a week for at least two weeks prior to November 7, 2006, in the official newspaper of the County with date of first publication at least 15 days before November 7, 2006, exclusive of the date of publication in substantially the form hereto attached as Attachment 1 which attachment is adopted in all its terms and provisions as though fully set out herein; and

BE IT FURTHER RESOLVED, that the County Auditor/Treasurer shall cause to be prepared and printed a separate ballot for use at the election on the issue as the “Official Ballot” in substantially the form hereto attached as Attachment 2 which attachment is adopted in all its terms and provisions as though fully set out herein; and

BE IT FURTHER RESOLVED, that the County Auditor/Treasurer deliver or cause to be delivered to the inspectors of election of the various polling places ballots in sufficient quantity for use as the “Official Ballot” either as individual ballots or in a form suitable for use on voting machines in presentation of the issue to the electors of Ward County, North Dakota.

Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

      Moved by Comm. Watne, seconded by Comm. Romine to adopt the following resolution:

NOTICE IS HEREBY GIVEN that an election has been called and will be held in and for Ward County, North Dakota, on the 7^th day of November, 2006, for the purpose of submitting to the qualified electors of Ward County, North Dakota, the question of whether the following Initial Resolution adopted by Ward County, North Dakota Board of County Commissioners shall be approved.

BE IT THEREFORE RESOLVED by the governing body of the County that the County issue its General Obligation Bonds in a maximum amount of $19,900,000.00 pursuant to and in accordance with the laws of the State of North Dakota.

The polling hours and polling places shall be the same as those polling hours and polling places established for the general election on November 7, 2006.

Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Moved by Comm. Watne, seconded by Comm. Romine to adopt the following:

OFFICIAL BALLOT

WARD COUNTY, NORTH DAKOTA

NOVEMBER 7, 2006

 

            Shall the Initial Resolution adopted by the governing body of Ward County, North Dakota, calling for issuance of bonds be approved and shall Ward County, North Dakota, issue its bonds in the amount of not to exceed $19,900,000.00 for the purpose of providing funds to Construct a County administration building, parking, access to and partial renovation of existing Courthouse and to pay costs incidental to such work and bond issuance?

      YES

      NO

Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

      Moved by Comm. Watne, seconded by Comm. Erickson to adopt the following resolution:

WHEREAS, passage and implementation of the “Shared Parenting Initiative” would mandate joint child custody arrangements following all divorces, unless a parent is proven “unfit” by the court, and

WHEREAS, the initiative would further require the court to arbitrate changes to the mandated “joint parenting plans”, and

WHEREAS, the initiative would further limit child support to the “actual costs of providing for the basic needs” of the child, and

WHEREAS, the provisions in general and the “fitness” and “parenting plan” requirements specifically, would encourage litigation and contention in families already in conflict, increasing county and State costs and further impacting the children involved, and

WHEREAS, the initiative would require changes to current child support provisions eroding the basic economic support for children, and families, causing a shift of fiscal responsibility from parents to the taxpayers of North Dakota, and

WHEREAS, the changes to child support would likely place North Dakota out of compliance with federal law, jeopardizing federal funding that supports children and families, also increasing county and State costs.

NOW THEREFORE, BE IT RESOLVED, that the Ward County Commission opposes the Shared Parenting Initiative measure and urges all citizens to study this issue and recognize its impacts on children, families, our county, and our State before going to the polls in November.

Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Moved by Comm. Watne, seconded by Comm. Lee to authorize Carlson Vending to install and operate the vending machines in the main and jail lobbies. Roll call: all voted yes; motion carried.

      Smestad then presented items from the Personnel Committee.

      Tax Appraiser Pam Axtman and Siebert appeared. After much discussion, it was moved by Comm. Watne, seconded by Comm. Romine to reject the appeal of Tax Appraiser Pamela Axtman for reclassification to Deputy Tax Director, and approve a 2% lateral move in Level 10 effective January 1, 2007. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Moved by Comm. Watne, seconded by Comm. Romine to approve the following payroll changes in the Sheriff's Department: reclassify Lisa Rustad and Shannon Larson from Level 5 to Level 6 with a 5% increase; a 2% lateral move in Level 9 for Deb Armstrong; and a 4% lateral move in Level 15 for Dave Bosh, all effective January 1, 2007. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Moved by Comm. Lee, seconded by Comm. Romine to approve the recommendation of the Personnel Committee to reject an additional full time position in Juvenile Detention. Roll call: all voted yes; motion carried.

      Moved by Comm. Romine, seconded by Comm. Lee to approve the recommendation of the Personnel Committee to reject Social Services Director Dan Richter’s request to hire a new employee above the advertised salary. Roll call: all voted yes; motion carried.

      Moved by Comm. Lee, seconded by Comm. Erickson to reject the reclassification of two positions in Social Services. Roll call: all voted yes; motion carried.

      Moved by Comm. Lee, seconded by Comm. Erickson to approve a 5% lateral move in Level 14 for Weed Control Officer Derrill Fick effective January 1, 2007. Roll call: all voted yes; motion carried.

      Moved by Comm. Lee, seconded by Comm. Romine to approve the following payroll amendments: Ingvald Hanson – Seasonal Highway Maintenance – Highway Department – Level 5 – 2% COLA increase; Edward Klein – Seasonal Highway Maintenance – Highway Department – Level 5 – 2% COLA increase. Roll call: all voted yes; motion carried.

      At 10:03 a.m. the Board took a brief recess.

      At 10:12 a.m. the Board reconvened with all members present.

      Smestad then presented the Board with a Preliminary Budget reflecting the changes made during the Department Head budget meetings. After discussion it was moved by Comm. Romine, seconded by Comm. Watne to approve the 2007 preliminary budget. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Horace Pipe then appeared to give an update on the Mandan, Hidatsa, Arikara Nation Clean Fuels Refinery scheduled to be built near Makoti on the Ft. Berthold Indian Reservation. Mr. Pipe informed the Board that a public comment period for a draft Environmental Impact Statement was currently open and invited the Commissioners to submit any concerns they had to the US Environmental Protection Agency.

      At 10:35 a.m. Comm. Romine left the meeting.

      At 10:37 a.m. Comm. Lee left the meeting.

      At 10:38 a.m. Comm. Lee returned to the meeting.

      After much discussion it was moved by Comm. Watne, seconded by Comm. Erickson to send a letter to the US Environmental Protection Agency expressing the support of the County Commissioners for the project, and the County’s concerns about the impact on the area roads and schools; and congratulate the Mandan Hidatsa and Arikara Nation, and Mr. Pipe, on their work on the refinery. Roll call: all present voted yes; motion carried.

      Kluck then presented items for Board action.

      Moved by Comm. Lee, seconded by Comm. Gruenberg to not pay the Kenmare City special assessment against the county owned shop in Kenmare, and have the State's Attorney give direction to the Board on this matter. Roll call: all present voted yes, except Comm. Erickson who voted no; motion carried.

      Moved by Comm. Erickson, seconded by Comm. Watne to hold the bids for demolition of the tax foreclosed Kenmare building for 30 days. Roll call: all present voted yes, except Comm. Lee who voted no; motion carried.

      Kluck requested that the Highway Committee schedule a meeting in Berthold to discuss placement of stop signs at County Roads 10 and 9 and County Roads 9 and 14. Board consensus was to have Kluck set up the meeting for a later date.

      Moved by Comm. Erickson, seconded by Comm. Watne to have the Engineer proceed with obtaining right-of-ways for the bridge replacement project on County Road 18. Roll call: all present voted yes; motion carried.

      Moved by Comm. Erickson, seconded by Comm. Watne to authorize the Chairman’s signature on a ND Department of Transportation contract for the upgrade of the railroad crossing signal on the County road in Surrey. Roll call: all present voted yes; motion carried.

      Moved by Comm. Erickson, seconded by Comm. Lee to authorize payment to Marvin Ness for $150.00 per acre for crop damage done during the grading project of County Road 15. Roll call: all present voted yes; motion carried.

      Moved by Comm. Lee, seconded by Comm. Erickson to authorize the Engineer to add a window in a storage room at the Highway Department. Roll call: all present voted yes; motion carried.

      Kluck requested that two letters, one from the City of Makoti regarding the railroad crossing on County Road 9, and one from residents of County Road 16 near Logan, be referred to the Highway Committee. Board consensus was to refer the two letters to the Highway Committee.

      Kluck then presented informational items to the Board.

      At 11:01 a.m. with no further business, it was moved by Comm. Watne to adjourn the meeting.

 

ACCEPTED AND APPROVED THIS 19^th DAY OF SEPTEMBER, 2006.

 

s/Jerome Gruenberg, Chairman
Ward County Board of Commissioners

 

ATTEST:

 

s/Devra Smestad