August 7, 2007 Regular meeting minutes

The 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.

 

Chairman Watne informed the Board of additions to the agenda.  Moved by Comm. Lee, seconded by Comm. Erickson to approve the agenda as amended. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the minutes of the July 17, 2007 regular and July 19 and August 1, 2007 special meeting minutes. Roll call: all voted yes; motion carried.

 

Smestad then presented bills. Sheriff Vern Erck; Juvenile Detention Director Allison Hughes and Kluck appeared for comment. Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the Social Service bills totaling $18,020.36 and the regular bills totaling $259,896.43. Roll call: all voted yes; motion carried.

 

Gerald Lumley, Executive Director of the Souris Valley United Way and Deb Kunkel, Executive Director of the YWCA appeared regarding using the Emerson Apartment Building for permanent low income housing. It was moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the letter from Lumley, Kunkel and Louis “Mac” McLeod, Executive Director of the Minot Homeless Coalition. Roll call: all voted yes; motion carried.

 

With Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to grant the request of the United Way, the YWCA and the Minot Homeless Coalition to grant a stay of closure until June 30, 2008, thus extending the rental of the Emerson apartments for six months to allow for more research on the county building. Roll call: Comms. Lee, Fjeldahl and Gruenberg voted yes, Comms. Erickson and Watne voted no; motion carried.

 

Ward County Public Administrator Mark Westereng appeared regarding the continuation of the public administrator position. Van Grinsven also appeared for comment. After discussion it was moved by Comm. Lee, seconded by Comm. Watne for Ward County to not renew the Public Administrator contract effective December 15, 2007 since the position was established for county court, which is no longer in existence. Roll call: all voted yes; motion carried.

 

Director of Tax Equalization Don Siebert appeared. Moved by Comm. Lee, seconded by Comm. Gruenberg to approve the following plat applications as recommended by the respective Township Boards and the Water Resource Board: Marjorie Ahmann for Outlot 1 of SE Section 5-157-84 (St. Mary’s Township); Arley Olson for Outlot 2 of NWSW Section 9-155-85 (Des Lacs Township); Kathleen Kusper for Outlot 3 of E2NENE Section 26-155-84 (Burlington Township); Brenda Larson for Outlot 16 of NW Section 5-153-81 (Sawyer Township); and Darwyn Kleven for Outlot 4 of SWNW Section 10-156-84 (Kirkelie Township). Roll call: all voted yes; motion carried.

 

With Siebert still present it was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following applications for abatement and/or corrections of errors: John Larson, KM 00.000.509.0070 reduce the 2007 true and full value from $35,200 to $29,600; Leslie Gregg, SY 00.001.200.020, reduce the 2007 true and full value from $148,400 to $101,600; Christopher Nelson, NE 00.002.400.0010, reduce the 2007 true and full value from $155,800 to $147,800; Scott Keller, HA 00.002.500.0670, reduce the 2007 true and full value from Christopher Nelson, NE 00.002.400.0010, reduce the 2007 true and full value from $155,800 to $147,800; Scott Keller, HA 00.002.500.0670, reduce the 2007 true and full value from $230,000 to $200,800; Thomas Philion, HA 00.009.800.0080, reduce the 2007 true and full value from $415,600 to $367,000; Daniel Hanson, AF 00.002.201.0070, reduce the 2007 true and full value from $393,400 to $325,800; Timbers Construction LLC, NE 32.009.900.0350, reduce the 2007 true and full value from $191,000 to $150,400; Robert Grosz, NE 00.005.800.0270, reduce the 2007 true and full value from $29,800 to $26,800; Dale Vetter, SY 00.001.800.0020, reduce the 2007 true and full value from $173,600 to $148,400; William Fielhaber, AF 00.001.110.0120, reduce the 2007 true and full value from $424,400 to $371,600; Schmidgall Properties, MI 01.640.000.0020, reduce the 2007 true and full value from $4,400 to $1,800 and MI 01.640.000.0010 reduce the 2007 true and full value from $5,600 to $2,400; remove the following two year new construction exemptions: Dean Minette, MI 25.153.000.0070, increase the 2007 true and full value from $83,800 to $133,800; Joshua Wheeler, MI 35.961.000.0011, increase the 2007 true and full value from $74,000 to $111,600; Alice Kruckenberg, MI 27.A16.000.0310, increase the 2007 true and full value from $30,000 to $78,000; approve the following requests for two year new construction exemption: Daniel Keller, MI 11.A43.000.0050, reduce the 2007 true and full value from $53,600 to $28,800; Michael Davies, MI 35.961.000.0031, reduce the 2007 true and full value from $175,400 to $131,600; Peter Kizima, MI 35.A39.000.3401, reduce the 2007 true and full value from $161,800 to $111,800; Debbie Brossart, MI 11.A43.000.0080 reduce the 2007 true and full value from $53,600 to $28,800; Barry Myaer, MI 11.A43.000.0100, reduce the 2007 true and full value from $57,200 to $34,200; Jens J Sahl III, MI 11.A32.000.0130, reduce the 2007 true and full value from $73,000 to $41,400; the following applications for disabled veterans exemption: Clarence Eliason, MI 23.503.020.0031, reduce the 2007 true and full value from $191,200 to $71,200; Leo Schaeffer, MI 25.167.000.0180, reduce the 2007 true and full value from $101,000 to $30,400; the following application for wheelchair exemption: Kenneth Gorze, MI 26.851.000.0010, reduce the 2007 true and full value from $168,000 to $121,400; Minot Baptist Church, HA 00.008.700.0010, remove the 2007 true and full value for religious exemption; and the following mobile home exemption: Kerry Ellis, HA 51.033.20, remove 2007 true and full value of $3,049, home not hooked to utilities; and the following applications for Homestead Credit: Lavonda Brockey, NE 51.010.87 qualifies for 100% credit; and Martha Lang, MI 22.500.020.0210, qualifies for 80% credit. Roll call: all voted yes; motion carried.

 

Emergency Manager Al Reynolds then appeared regarding the Homeland Security Planner. It was moved by Comm. Lee, seconded by Comm. Gruenberg to continue with the Homeland Security Planner position as a private contractor funded by Homeland Security grant monies and not make the position a county employee. Roll call: all voted yes; motion carried.

 

At 9:55 a.m. the Board recessed.

 

At 10:04 a.m. the Board reconvened with all members present.

 

At 10:04 a.m., past the time for the public hearing on the Robinwood Estates Paving Project, Chairman Watne opened the hearing. With no one appearing either for or against the paving project, Chairman Watne closed the hearing at 10:04 a.m.

 

Jackie Wike with Cook Wegner and Wike PLLP appeared regarding final paperwork for the YMCA bond. Moved by Comm. Erickson, seconded by Comm. Gruenberg to authorize the Chairman’s signature on the final bond paperwork including: bond issuance resolution; bond purchase agreement; and the loan agreement and assignment to bondholder. Roll call: all voted yes; motion carried.

 

Juvenile Detention Director Allison Hughes then appeared regarding the heating and cooling system in Juvenile Detention. With Building Services Supervisor Ron Overly appearing for comment it was moved by Comm. Gruenberg, seconded by Comm. Lee to direct the Building Supervisor to contact Engineer Lon Dreveky to look at the problem, and offer a solution, for the heating and cooling of Juvenile Detention. Roll call; all voted yes; motion carried.

 

Smestad then requested that action be taken on the Robinwood Estates Paving project. Moved by Comm. Lee, seconded by Comm. Erickson that due to insufficient protest, the Commissioners direct the consulting engineer to prepare plans and specifications to move forward with the project. With Kluck appearing for comment and after further discussion Comm. Lee withdrew his motion. It was then moved by Comm. Watne, seconded by Comm. Erickson that due to insufficient protest, the Commissioners direct the consulting engineer to prepare plans and specifications to move forward with the project with an engineer of the paving district’s choice. Roll call: all voted yes; motion carried.

 

Smestad then presented items for information and action.

 

Moved by Comm. Erickson, seconded by Comm. Watne to receive and file the following correspondence: Jim Lewis – MADC funds; Auditor/Treasurer Smestad – letter to State Tax Commissioner; Engineer Kluck – request for electric services at County north building; Lance Johnson – e-mail to State Tax Commissioner; State Tax Commissioner Fong – e-mail to Lance Johnson; State Tax Commissioner Fong – denial of request to remove penalty; interest, etc. Fleck, Mather & Strutz – Cenex pipeline 10 year plan; State Tax Commissioner – local tax changes; Attorney Sandberg – summons; NDIRF – letter to R. McGee re: claim; State Tax Commissioner Fong – HB 1303 re: valuation and assessment of agricultural lands; Rocky Skarsgard – letter; Barnes County Commission – thank you for help with Moe Gibbs trial. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to finalize the vacation of the following section lines: 1) that portion of the section line between Sections 4 and 5 of Township 155 North, Range 81 West (Surrey Township) lying north of the north line of Outlot 1 of Section 5; and 2) the section line between Section 4 of Township 155 North, Range 81 West (Surrey Township) and Section 33 of Township 156 North, Range 81 West (Maryland Township). Roll call: all voted yes; motion carried.

 

Discussion was then held on an Employee Assistance Program. With Kluck appearing for comment it was moved by Comm. Fjeldahl, seconded by Comm. Lee that the matter of an employee assistance program be returned to the personnel committee for further review. Roll call: all voted yes, except Comm. Erickson who voted no; motion carried.

 

With Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Gruenberg to send a letter to the Bureau of Land Management informing them that Ward County was interested in becoming a cooperating agency and requesting a memorandum of understanding for review and the Chairman’s signature. Roll call: all voted yes; motion carried. Chairman Watne then appointed Comm. Erickson to serve as the liaison.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to increase the mileage reimbursement to $0.45 effective August 1, 2007, per state law. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Watne to appoint Recorder Sheila Dalen as the NDACo Convention delegate for the next two years, per recommendation of the Department Heads. Roll call: all voted yes; motion carried.

 

Smestad then requested a date for the special election. Chair Watne informed her that they wouldn’t know for a couple of weeks and directed Smestad to place the matter on the next agenda.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to authorize the following requests for duplicate warrants in replacement of checks assumed lost or mutilated: Brillian Township in the amount of $2,546.75; John S. Jr. & Pamela Steinberger in the amount of $80.00; Michelle Irmen in the amount of $119.00; Ralph W. Brown in the amount of $379.32 and the Douglas Fire District in the amount of $34.71. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl that the Board hereby approves the action of the County Auditor/Treasurer in making the following sale, and authorizes the issuance of a tax deed or contract thereon;

Name of Purchaser                 Descriptions                              Price and Terms

KA Development, LLC             Tolley’s 1^st Addn                        $1,400.00 – cash

KM 00.000.727.0042               E50’ Lot 4 Block 27       

                                                    Kenmare City

 

Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to approve the 2007 tax foreclosure dates. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to approve the application for raffle from the Minot Y’s Men Indoor Rodeo for October 4-7, 2007 (nightly drawing) with prizes totaling $500.00; the Minot Y’s Men Indoor Rodeo for October 2, 2007 with prizes totaling $1,000.00; and from St. Mary’s Church for October 7, 2007 with prizes totaling $1,300.00. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following applications for payroll amendment: Todd Haman – Correctional Officer – Sheriff's Office – Level 9-1 (PT to FT); Susan Wheeling – Correctional Officer – Sheriff's Office – Level 9-1 (PT to FT); Marvin Mau – Seasonal Mower/Maintenance – Highway Department – Level 5-1 (PT – new hire); Chance Halsey – Juvenile Detention Officer – Juvenile Detention – Level 9-1 (new hire); Wallace Wagner – Seasonal Mower/Maintenance – Highway Department – Level 5-1 (PT – new hire); Randy Kramer – Seasonal Mower/Maintenance – Highway Department – Level 5-1 (PT – new hire); Kim Hoff – Secretary III – Tax Equalization – Level 6-1 (new hire); Corie Eagleson – Juvenile Detention Officer – Juvenile Detention – Level 9-1 (new hire). Roll call: all voted yes; motion carried.

 

Chief Deputy Dave Bosh appeared briefly. Moved by Comm. Lee, seconded by Comm. Fjeldahl to amend the Sheriff's Office travel budget $16,900.00 with the funds paid from the North Dakota Peace Officers Standards and Training Board to Ward County for hosting a street survival seminar. Roll call: all voted yes; motion carried.

 

With Kluck appearing for comment it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the following resolutions of necessity benefitting Meadowbrook Paving District No. 1-2007 and 38^th St SE, Apple Grove Addition No. 1-2007:

 

RESOLUTION OF NECESSITY FOR AN IMPROVEMENT

BENEFITTING MEADOWBROOK ESTATES PAVING DISTRICT NO. 1-2007

 

BE IT RESOLVED by the Board of Ward County Commissioners, that the Commissioner has received and considered the report of the engineer, as to the general nature, purpose and feasibility of the proposed improvement benefiting Meadowbrook Estates Paving District No. 1-2007 and an estimate of the probable cost of the work, and has approved said report and directed that it be filed in the County Auditor/Treasurer’s office, where any interested person may examine it, and determine that it is necessary to make the improvement, to wit:

 

     Patch excessively worn areas of the existing roadway, then place a new hot bituminous overlay and seal coat over the entire length of the project.

 

      BE IT FURTHER RESOLVED that special assessments for the improvement shall be levied upon properties within the boundaries for the district as heretofore created, to wit:

     

     MEADOWBROOK ESTATES PAVING DISTRICT NO. 1-2007

     

      A subdivision located just south of Highway 52 southeast of Minot, ND, approximately 1.5 miles south of the US 2 & 52 East Interchange, in Sundre Township, Ward County. The project begins at the intersection of 38 St SE and 37 St SE, then proceeds west on 37 St SE, goes south to the loop in 37 St SE, then around the entire length of the loop. Also included in this project are the two cul-de-sacs located off of 37 St SE. The approximate project length is 5,100 feet.

 

      BE IT FURTHER RESOLVED that the entire cost to the County shall be paid by the levy of special assessments upon such properties in amounts proportionate to and not exceeding the benefits to be received by them from the improvements; and

 

      BE IT FURTHER RESOLVED that this resolution shall be published once each week for two consecutive weeks in the official newspaper, and the County Commission shall at its meeting to be held September 18, 2007 at 10:15 a.m., hear and determine the sufficiency of any written protests which owners of property within the district may file with the County Auditor/treasurer within thirty days after first publication.

 

And:

 

RESOLUTION OF NECESSITY FOR AN IMPROVEMENT

BENEFITTING 38 STREET SE, APPLE GROVE ADDITION NO. 1-2007

 

BE IT RESOLVED by the Board of Ward County Commissioners, that the Commissioner has received and considered the report of the engineer, as to the general nature, purpose and feasibility of the proposed improvement benefiting Apple Grove Addition, 38 St SE Paving District No. 1-2007 and an estimate of the probable cost of the work, and has approved said report and directed that it be filed in the County Auditor/Treasurer’s office, where any interested person may examine it, and determine that it is necessary to make the improvement, to wit:

 

      Provide a new hot bituminous pavement surface on the existing streets in the subdivision.

 

      BE IT FURTHER RESOLVED that special assessments for the improvement shall be levied upon properties within the boundaries for the district as heretofore created, to wit:

     

      APPLE GROVE ADDITIONS, 38 STREET SE PAVING DISTRICT NO. 1-2007

     

      A subdivision located just north of Highway 52, and west of the bypass approximately 1 mile east of Minot, ND in Nedrose Township, Ward County. The project includes a street in the subdivision which is not paved at this time. The road begins at the intersection of the 20 Ave SE and 38 St SE, then proceeds south on 38 St SE to the east section line of section 32. The segments length is approximately 2,900 feet.

 

      BE IT FURTHER RESOLVED that the entire cost to the County shall be paid by the levy of special assessments upon such properties in amounts proportionate to and not exceeding the benefits to be received by them from the improvements; and

 

      BE IT FURTHER RESOLVED that this resolution shall be published once each week for two consecutive weeks in the official newspaper, and the County Commission shall at its meeting to be held September 18, 2007 at 10:00 a.m., hear and determine the sufficiency of any written protests which owners of property within the district may file with the County Auditor/treasurer within thirty days after first publication.

 

Roll call: all voted yes; motion carried.

 

Discussion was then held on new tax and assessing software programs for Ward County in conjunction with the City of Minot. With Siebert appearing for comment, it was moved by Comm. Lee, seconded by Comm. Fjeldahl to direct the Auditor/Treasurer to send a letter to the State Tax Commissioner informing him that Ward County does not have the proper software to comply with new legislation stating three years of taxing history be provided on tax statements and request that his office provide Ward County with the software to comply with the legislation. Roll call: all voted yes, except Comm. Watne who voted no; motion carried.

 

Kluck then presented items for information and action.

 

Moved by Comm. Watne, seconded by Comm. Erickson to accept the low bid of Minot Electric Co. for material, labor and permits for electric repairs to the County North building, in the amount of $12,700, with one-half of the funds coming from the Highway Department Capitol Improvements budget and the other half coming from the General fund Building Improvements account. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

Kluck was directed to wait with the exterior painting until next spring.

 

Moved by Comm. Erickson, seconded by Comm. Watne to accept the bid of Simensen Plumbing & Heating for plumbing repairs and HVAC work to the County North building with $2,845.00 being charged to the general fund and $17,450 being charged to the Highway Department Capitol Improvements fund. Roll call: Comms. Erickson, Watne and Gruenberg voted yes, Comms. Fjeldahl and Lee voted no; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to plug and abandon the well inside the west half of the County North building using County forces. Roll call: all voted yes; motion carried.

 

Moved by Comm. Watne, seconded by Comm. Erickson to: 1) approve the proposals to install interior fencing ($8,200 to $8,500) and install an overhead door ($4,645) for the Sheriff and Social Services area in the west half of the County North building, and 2) to remove the Social Service items from paid storage and authorize Social Services and the Sheriff's Office utilization of their areas upon completion of the repairs. Roll call: Comms. Watne, Erickson and Gruenberg voted yes, Comms. Lee and Fjeldahl voted no; motion carried.

 

Chairman Watne directed Kluck to prepare a report of what has been spent to date for repairs on the County North building and present it at the next meeting.

 

Moved by Comm. Erickson, seconded by Comm. Lee to refer the matter of the public right of way in front of and east of the Speedway Restaurant and Lounge to the Highway Committee for further research and input. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to refer a request for paving of County Road 3 from CR 2 northeast of Kenmare to the Highway Committee for further review and input. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Watne to authorize the Chairman’s signature to certify right of way for project BRC-5153(056) – County Road 23 bridge replacement. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to authorize the County Engineer to prepare the bidding documents for the overlay of turning lanes for County Road 12 between Minot and Surrey. Roll call: all voted yes; motion carried.

 

Kluck then presented the Board with a map of the Puppy Dog Coulee area of County Road 14 and informed them he would be returning to the next meeting to request authorization to install a 4 foot by 12 foot box culvert to help with any future flooding. No action was taken.

 

Moved by Comm. Lee, seconded by Comm. Erickson to authorize the County Engineer to work with the Director of Tax Equalization to obtain land values in preparation of obtaining right of way for the 2008 re-grading work west of Trestle Valley on County Road 12 W. Roll call: all voted yes; motion carried.

 

Discussion was then held on several informational items.

 

At 11:55 a.m. the Board recessed.

 

At 12:00 p.m. the Board reconvened with all members present.

 

Discussion was then held on the building space needs. Comm. Watne and Erickson provided the Board with information regarding a meeting they had with the Minot Daily News Publisher regarding the Minot Daily News parking lot.  After discussion it was moved by Comm. Gruenberg, seconded by Comm. Watne to have the County Engineer research the parking available around the courthouse and provide the information to the Board on CAD. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

Chairman Watne directed Comm. Gruenberg, and the architect and Engineer, if interested, to visit with the Minot City Planner about possible parking space variances.

 

At 12:09 p.m. the meeting was adjourned.

 

ACCEPTED AND APPROVED THIS 21st DAY OF AUGUST, 2007

 

s/Darlene Watne, Chair

Ward County Board of Commissioners

 

ATTEST:

 

s/Devra Smestad, Auditor/Treasurer
Ward County