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April 3, 2007 Regular Meeting MinutesThe regular meeting of the Ward County Commission was called to order by Chairman Watne at 9:00 am with Comms. Fjeldahl, Gruenberg, Erickson, and Lee present. Also present were Auditor/Treasurer Devra Smestad; County Engineer Roger Kluck; and State's Attorney John Van Grinsven.
With Kluck appearing for comment on the March 27 minutes, it was moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the minutes of March 27, 2007 meeting.
Smestad then presented the bills. Moved by Comm. Erickson, seconded by Comm. Lee to approve the Social Service bills totaling $11,612.32, excluding the bills for travel ($900.14) and March lot rent ($210.00), and the bills totaling $68,218.67. Roll call: all voted yes; motion carried.
Barry Myaer, partner in the Wildwood Golf Course, then appeared regarding a 2007 liquor license for the Wildwood Golf Course. Moved by Comm. Erickson, seconded by Comm. Gruenberg that the following motion from the March 27, 2007 meeting be removed from the table: “Moved by Comm. Erickson, seconded by Comm. Watne to table the 2007 liquor license application from Wildwood County Club, LLC until the April 3rd meeting in order to obtain township approval and to research if there are any available liquor licenses in Kirkelie Township. Roll call: all voted yes; motion carried.” Roll call to remove from the table: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the liquor license application for 2007 from Wildwood Country Club, LLC to sell beer, wine and liquor. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
Bill Kolb and Hardy Lieberg, representing the ND Medal of Honor memorial and Minot citizen Bob Miller then appeared before the board to request the Commissioners reconsider their previous action to deny a request for a donation to the ND Medal of Honor memorial. It was then moved by Comm. Erickson, seconded by Comm. Gruenberg to reconsider the Board’s previous action. Comm. Lee called a point of order that the motion had to be made by a member of the prevailing side of the action. It was then moved by Comm. Watne, seconded by Comm. Gruenberg to reconsider the following motion from the March 27, 2007 meeting: “Moved by Comm. Erickson, seconded by Comm. Gruenberg to enter into a Joint Powers Agreement and contribute $20,000 to the ND Medal of Honor memorial, with the funds to come from the Commissioners Contingency fund. Roll call: Comms. Erickson and Gruenberg voted yes, Comms. Fjeldahl, Lee and Watne voted no; motion failed.” Roll call on motion to reconsider: all voted yes; motion carried. It was then moved by Comm. Gruenberg, seconded by Comm. Erickson to enter into a Joint Powers Agreement and contribute $20,000 to the ND Medal of Honor memorial. After much discussion, Comm. Gruenberg called for the question. Roll call: Comms. Gruenberg, Erickson and Watne voted yes; Comms. Lee and Fjeldahl voted no; motion carried.
John Carver appeared before the Board regarding the tax foreclosed property in Kenmare. After brief discussion, Mr. Carver informed the Board that he was withdrawing his previous offer to purchase the building and property known as Lots 12-22, Block 21, Tolley’s Plat, Kenmare City. No action was taken.
Comm. Fjeldahl requested to continue the discussion on the previous action regarding the ND Medal of Honor memorial and questioned which fund the money was to come from. Comm. Gruenberg informed the Board that previous action and discussion stated that it would come from the Commissioner’s Contingency fund. It was then moved by Comm. Gruenberg, seconded by Comm. Erickson to take the funds for the ND Medal of Honor memorial contribution from the Commissioner’s Contingency fund. The full motion from the March 27, 2007 meeting was read which, in part, stated the funds would come from the Commissioner’s Contingency fund. Comm. Gruenberg withdrew his motion.
Emergency Manager Al Reynolds then appeared. Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve and allow the Chairman’s signature on the following proclamation:
WHEREAS, the entire community can effect positive change with any volunteer action no matter how big or small; and
WHEREAS, millions of volunteers working in their communities utilize their time and talent daily to make a difference in the lives of children, adults and the elderly; and
WHEREAS, hundreds of First Response volunteers protect our county as Firemen and Ambulance personnel; and
WHEREAS, during this week, all over the nation, service projects will be performed and volunteers will be recognized for their commitment to service; and
WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and
WHEREAS, experience teaches us that government by itself cannot solve all of our nation’s social problems; and
WHEREAS, our country’s volunteer force of over 64 million people is a great treasure; and
WHEREAS, volunteers are vital to our future as a caring and productive nation;
NOW, THEREFORE, We the Board of County Commissioners of Ward County do hereby proclaim April 15-21, 2007, as
NATIONAL VOLUNTEER WEEK
in Ward County, and urge our fellow citizens to volunteer in their communities. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion.
Roll call: all voted yes; motion carried.
Director of Tax Equalization Don Siebert then appeared regarding abatement hearings. Also appearing were Al Lenertz and Kevin Hawk, property owners; and Minot City Assessor Kevin Ternes. After much discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to grant the abatement request of Kevin Hawk, MI 22,115.030.0050, reducing the 2006 true and full value from $98,600 to $91,000. Roll call: Comms. Lee and Fjeldahl voted yes and Comms. Gruenberg, Erickson and Watne voted no; motion failed.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to grant a 15 percent abatement, not a 30 percent as requested by Al Lenertz on MI 35.836.000.3212, reducing the 2006 true and full value of $149,200; MI 35.445.000.0172, reducing the 2006 true and full value of $173,000; and MI 35.445.000.0181, reducing the 2006 true and full value of $63,000. Roll call: Comms. Lee and Fjeldahl voted yes and Comms. Gruenberg, Erickson and Watne voted no; motion failed.
After further discussion, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to deny the abatement request of Dennis Abel, MI 35.443.000.0090, reducing the 2006 true and full value from $574,800 to $507,200; to approve the application for correction of error of assessment for TD Enterprises, LLP, MI 25.940.000.0110, increasing the 2006 true and full value from $114,800 to $144,800 and to approve the application for Homestead Credit of Lawrence Stein, MI 23.343.020.0050 for 80% credit for 2005 and 100% credit for 2006. Roll call: Comms. Gruenberg, Erickson and Watne voted yes; Comms. Lee and Fjeldahl voted no; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Watne that the following plat applications be approved, as recommended by the Water Resource Board, the respective Township Boards and Siebert: Russell Gohl for Outlot 5 of NW Section 12-157-83 (Waterford Twp.); Miles & Esther Parizek for Outlot 3 of SE Section 13-157-81 (Margaret Twp.); and Carson Schepp for Outlots 6 & 7 being all of Outlot 4, a portion of Outlot 5 and Government Lot 3, Section 4-156-84 (Kirkelie Twp.) Roll call: all voted yes; motion carried.
Chairman Watne then made additions to the agenda.
At 10:20 a.m. the Board recessed.
At 10:29 a.m. the Board reconvened with all members present.
Building Supervisor Ron Overly and Kluck appeared regarding the empty lot north of the Courthouse. After discussion it was moved by Comm. Fjeldahl, seconded by Comm. Erickson to have the Highway Department lay a minimum coat of gravel on the lot so that it can be used for parking and to place barricades and erosion control where needed. Roll call: all voted yes; motion carried.
Juvenile Detention Director Allison Hughes then appeared. Hughes gave the Board a brief update on the copier she was authorized to purchase at the March 27, 2007 meeting.
With Hughes still present, it was moved by Comm. Erickson, seconded by Comm. Gruenberg to accept and approve the 2006 Juvenile Detention policies and procedures manual. Roll call: all voted yes; motion carried.
Jail Commander Penny Erickson then appeared. Moved by Comm. Erickson, seconded by Comm. Fjeldahl, to approve the 2006 Jail policies and procedures manual. Roll call: all voted yes; motion carried.
Smestad then presented items for action and information.
Reynolds briefly appeared, and was directed to conduct further research into a letter from the ND Dept. of Health regarding a 2007 pandemic influenza preparedness exercise. Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the following correspondence: Senator Dorgan: Trinity Telemedicine project; Garrison Diversion Conservancy District: equipment sales; ND Dept. of Health: one-time variance; Dept of Air Force: re-graveling requirements; Engineer Kluck: letter to Mayo Construction on haul roads; ND Dept. of Health re: 2007 Pandemic Influenza preparedness exercise; and Engineer Kluck: letter to Jim Maxson, Attorney for North Central Water Consortium re: construction work in Harrison Township. Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the following resolution:
WHEREAS, sales of the tax deed properties have been made in the office of the County Auditor with the approval of the Board of Ward County Commissioners and the purchase price thereof has been made in full and tax deeds thereto have been issued to the purchasers; and
WHEREAS, the purchase prices thereof were less than the delinquent taxes on the respective properties, with the result that the proceeds of the tax sale left an unpaid balance on the taxes on the descriptions listed as set forth in a certificate of the Deputy Auditor/Treasurer under date of March 27, 2007.
NOW, THEREFORE, BE IT RESOLVED, that under and pursuant to Section 57-28-21 of the North Dakota Century Code, the unpaid balances as set forth be cancelled and the County Auditor is hereby authorized to remove said balances from the records.
Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Erickson to approve the following application for a raffle permit: Dakota Elementary PTA, on May 4, 2007 at the Dakota Elementary School, with prizes totaling $2,500.00. Roll call: all voted yes; motion carried.
With Kluck appearing for comment, the Board discussed his letter to the NDACo regarding equipment rates the county charges to the townships for road maintenance. It was then moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the letter. Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve a memorandum of understanding between the Ward County Coroner, Ward County Sheriff’s Department, Minot Police Department, Ward County Commissioners; City of Minot/Rosehill Cemetery; Thomas Funeral Home; Thompson-Larson Funeral Home; Trinity Health and the Community Ambulance, which establishes procedures for dealing with certain coroner cases in Ward County; and establishes the Trinity morgue as the County morgue. Roll call: all voted yes; motion carried.
Sheriff Vern Erck appeared briefly for comment. Moved by Comm. Erickson, seconded by Comm. Gruenberg to authorize the Chairman’s signature on the traffic safety contract for FY 2007, with the ND Department of Transportation, which will reimburse the Sheriff's Department up to $2,500 for the overtime expenses incurred during the safety incentive enforcement program. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to advertise the following committee openings, per policy: Burlington City Zoning Commission; Ward County Library Board; and the Ward County Park Board. Roll call: all voted yes; motion carried.
Smestad then requested clarification from the Commissioners if board openings should be advertised as legal notices or press releases; she was directed to place them in the legal notices section of the newspaper.
Smestad then presented the Board with information from the NDCC 40-23-02 stating that members of the Special Assessment Commission could not hold another municipal office while serving on the Special Assessment Commission. Smestad further informed the Board that, to date, no applications had been received for the open position on the Special Assessment Commission, and that the position had been re-advertised with a deadline of April 11th. Board consensus was that if no applications were received by April 11th, a letter be sent to the Board of Realtors requesting them to nominate applicant(s). No further action was taken.
Discussion was then held on the meaning of “flood prone area” for the purposes of making appointments to the Water Resource Board; appearing for comment were Van Grinsven and Kluck. After much discussion it was moved by Comm. Gruenberg, seconded by Comm. Erickson to appoint Robert Wetzler to the unexpired term of David Germain on the Water Resource Board, effective immediately through December 31, 2007, provided Wetzler lives in the flood plain. Roll call: all voted yes; motion carried.
After further discussion it was moved by Comm. Gruenberg, seconded by Comm. Erickson to request the Water Resource Board study and research, through other counties, the State Water Commission and any other means, and make a recommendation to the Commissioners of how to bring the current Water Resource Board into compliance with state law in regards to having two members of a five member board be a landowner in the flood prone area. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
The Building Committee then presented their recommendation on a contract with Otis Elevator Company. Van Grinsven appeared for comment. It was moved by Comm. Gruenberg, seconded by Comm. Watne to approve the Building Committee’s recommendation to sign the 20 year contract with Otis Elevator for maintenance of the Courthouse and Jail elevators, payable annually. Roll call: Comms. Gruenberg, Watne and Erickson voted yes; the vote was interrupted by Comm. Lee to obtain clarification from the State's Attorney, and then he voted yes and Comm. Fjeldahl voted yes; motion carried.
Comm. Erickson then presented information regarding the Experience Works program, which uses a non-profit or governmental agency, as a host training site for people 55+ years of age. The program covers all the salaries up to 26 hours a week for no more than 27 months of training, along with payment of worker compensation and any other expenses.
Comm. Lee left the meeting at 11:24 a.m.
Chair Watne informed the Board that the HR/Personnel Committee recommended the County’s participation at Department Head discretion. Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the County’s participation in the Experience Works Program for training and potential full-time employment. Roll call: all present voted yes; motion carried.
At 11:25 a.m. Comm. Lee returned to the meeting.
Lengthy discussion was held on the Oppen Family Guidance Institute building; Kluck also appeared for comment. It was moved by Comm. Erickson, seconded by Comm. Lee to have the Oppen Family Guidance Institute checked for air contaminants and have an environmental study conducted. After more discussion, Comm. Watne called for the question. Roll call: all voted yes; motion carried.
Discussion was then held, with Kluck appearing, about a letter from the ND Dept. of Health regarding inert waste disposal. Chairman Watne directed Kluck to research and follow-up on the letter. No further action was taken.
Moved by Comm. Watne, seconded by Comm. Gruenberg to approve the following payroll amendment: Cleo Berven – Administrative Staff Officer II – Social Services – Level 11 (State reclassification.) Roll call: all voted yes; motion carried.
Brief discussion was then held on the Kenmare property. Kluck appeared to inform the Board that the perimeter fence needed to be re-secured as a set of keys was provided to the potential buyer. Comm. Fjeldahl questioned if it would be placed on the tax deed sale listing again, and was told it would. No further action was taken.
Kluck then presented items for action.
Moved by Comm. Watne, seconded by Comm. Fjeldahl to authorize the Highway Engineer a budget of up to $10,000 for the scanning of large format plans and drawings in the Highway Department. Roll call: all voted yes; motion carried.
Discussion was then held on Kluck’s letter to Jim Maxson, attorney for the North Central Water Consortium, regarding the consortium’s construction work in Harrison Township in 2005 and 2006. No action was taken.
Moved by Comm. Lee, seconded by Comm. Erickson to request the Department Heads to, within the next ten days, submit in writing their ideas for use of the former Slumberland building north of Minot. Roll call: all voted yes; motion carried. Smestad was requested to collect the ideas and put them in the April 17th meeting packet for the Commissioners to review.
The Board requested that the Department Heads meet with the Oppen Building Committee on Monday, April 7 at 5:00 p.m. in the Commission Chambers.
Kluck appeared to set a Highway Committee meeting for 6:00 p.m. on Monday, April 7th to discuss the input received at the Farm to Market hearing.
Chair Watne expressed her thanks to the department heads for the good annual reports.
Comm. Lee questioned if a meeting had been set between the County and the Rice Lake Service District about plat applications at Rice Lake and the requirement of hooking into the sewer system. Kluck appeared to inform the Board that he will again ask the Rice Lake Service District Board to contact Smestad to set up a time for such meeting.
Comm. Lee requested that Kluck invite Ronald Huettle, Chief, Missile Engineering for the Department of the Air Force 5th Support Group, to meet with the Highway Committee regarding graveling of roads used by the Air Force as official Missile Transportation-Erector routes.
Moved by Comm. Lee, seconded by Comm. Gruenberg to receive and file the minutes of the Building committee, the Oppen Building committee, and the HR/Personnel committee. Roll call: all voted yes; motion carried.
At 12:03 p.m. with no further business, it was moved by Comm. Gruenberg to adjourn.
ACCEPTED AND APPROVED THIS 17th DAY OF APRIL, 2007.
s/Darlene Watne, Chairman
Ward County Board of Commissioners ATTEST:
s/Devra Smestad
Ward County Auditor/Treasurer |
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