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August 21, 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. Lee, seconded by Comm. Erickson to approve the minutes of the August 7, 2007 regular meeting, with corrections. Roll call: all voted yes; motion carried.
 
Smestad then presented bills. With State's Attorney Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to pull the bill from Hannah Balaban for custody investigation for District Court. Roll call: all voted yes, except Comm. Watne who voted no; motion carried. Kluck then appeared for comment on the remaining bills. Moved by Comm. Lee, seconded by Comm. Gruenberg to approve the Social Welfare bills totaling $40,559.62; the Human Service bills totaling $38,133.16; and the regular bills totaling $369,223.27. Roll call: all voted yes; motion carried.
 
First District Health Unit Director Lisa Clute then appeared to present the 2008 budget request. After Clute’s presentation, Chairman Watne requested that the budget request be held until August 22, 2007 and voted on during the regular budget hearings.
 
LaVerne Mikkelson, his attorney Jonathan Eaton, and Kluck appeared to discuss Mikkelson’s request for section line vacation. After brief discussion Chairman Watne requested that action on the vacation of section lines in Surrey and Maryland Township be postponed to allow the Engineer and State's Attorney time to review the revised legal description and amendment language.
 
Director of Tax Equalization Don Siebert then appeared. Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following plat application as recommended by the Freedom Township Board, the Water Resource Board, and the Ward County Planning Commission: David Iverson for Outlot 5 of SWSE, Section 11-153-83 (Freedom Township.) Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the following requests for abatement and/or corrections of errors: Esther Dove, MI 14.261.000.0071, reduce the 2006 true and full value from $52,400 to $45,000 and the 2007 true and full value from $67,400 to $47,000; John Huettl, MI 36.943.000.0080, reduce the 2006 true and full value from $317,000 to $275,000; Warren MacGillivray, FO 02.009.900.0160, reduce the 2006 and from $7,200 to $3,400; Owen Brenden, MI 15.855.000.0100, add a 2007 true and full value of $3,800; David Remington, MI 14.276.000.2370, increase the 2007 true and full value from $3,000 to $49,400; Steven Hovde, MI 36.966.000.0131, increase the 2007 true and full value from $153,000 to $190,600; approve the following request for blind exemption: Vernus Teets, NP 19.009.900.0022, reduce the 2007 true and full value from $57,600 to $6,600; approve the following request for disabled veterans exemption: William Treckman, NE 00.000.530.0040, reduce the 2007 true and full value from $102,000 to $57,400; James Boley, MI 15.513.000.1433, reduce the 2007 true and full value from $90,400 to $45,200; Wayne Tuttle, HA 00.000.800.0070, reduce the 2007 true and full value from $206,200 to $110,200; Daniel Kruckenberg, FR 01.009.900.0010, reduce the 2007 true and full value from $106,600 to $10,600; the following corrections to mobile home taxes for 2007: Mary Zurcher, MI 51.042.27, refund $109.58; Terry Brackel, NE 51.042.31, refund $40.25; Glen Davis, NE 51.042.30, refund $8.28; Diane Mead, MI 51.042.09, refund $14.58; and the following applications for mobile home exemption: Raumie Ritz, MI 51.041.36, home removed from County; Anjuli Jenson, MI 51.042.08, duplicate assessment; Leland Dammen, MI 51.041.58, duplicate assessment; Richard Schmaltz, DG 51.042.14, home not hooked to utilities. Roll call: all voted yes; motion carried.
 
Discussion was again held on LaVerne Mikkelson’s request for vacation of a section line in Surrey and Maryland Townships.  With Kluck and Van Grinsven appearing, it was moved by Comm. Gruenberg, seconded by Comm. Lee to amend the wording of the legal description to: “that portion of the section line between Sections 4 and 5 of Township 155 North, Range 81 West (Surrey Township) lying north of a point on the section line, which is 600 feet north of the quarter corner between Sections 4, 5, 8 and 9; and amend the wording of the agreement to “LaVerne Mikkelson, for himself and his successors in interest, agrees as a covenant running with the land benefited by the right of way vacation, that Ward County shall be entitled from time to time to a grant of such an easement or easements within the vacated right of way as shall be required to accommodate the public convenience and necessity, including without limitation, the construction and maintenance of public utilities and the providing of reasonable convenient access to landowners who would be benefited by being given such access. Ward County shall have the sole discretion when and to what extent the rights granted to it herein shall be exercised, up to and including, if in its judgment it is appropriate, requiring a grant to it of an easement equal in physical extent and in rights of use to that which it enjoyed prior to the vacation of right of way granted to Mikkelson.” Roll call vote: all voted yes; motion carried.
 
Smestad then presented items for Board action and information.
 
The Board discussed correspondence from Auditor/Treasurer Smestad to State Tax Commissioner Fong and from Fong to Smestad. It was then moved by Comm. Lee, seconded by Comm. Erickson to receive and file the following correspondence: Engineer Kluck to Mayland Township & Wheeler and J. Johnson Contracting – bridges; Auditor/Treasurer Smestad to State Tax Commissioner Fong – software; State Tax Commissioner Fong – software; Wallace Berning – resignation from Special Assessment Commission; ND Assn. for Oil & Gas Producing Counties – legislative re-cap meeting; Water Resource Board – Puppy Dog coulee drainage; City of Minot – annexation; ND DOT – bridges; ND DOT – local road coordinators conference; ND DOT – changes to electronic plans, specifications, and CAD standards of County projects; Ackerman-Estvold – Minot Minuteman Complex Regrading in McHenry, McLean, Mountrail and Ward Counties. Roll call: all voted yes; motion carried.
Chairman Watne directed Smestad to advertise for the open position on the Special Assessment Commission created by the resignation of Wallace Berning.
 
Moved by Comm. Lee, seconded by Comm. Gruenberg to receive and file the monthly reports including financial statements. Roll call: all voted yes; motion carried.
 
Discussion was then held on the Coroner contract. Smestad was directed to send a letter to the UND Center for Family Medicine and Trinity Health regarding any suggestions for the coroner position.
 
Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the request from the Minot Y’s Men Indoor Rodeo to hold a raffle on October 5, 2007 with prizes totaling $3,500. Roll call; all voted yes; motion carried.
 
Smestad informed the Board of the annual meeting of the ND Association of Oil & Gas Producing Counties.
Kluck then appeared regarding the County North building. Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file the repair costs report prepared by Kluck for the County North building. Roll call: all voted yes; motion carried.
 
With Kluck appearing for comment, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to rescind the following motion of July 3, 2007: “Moved by Comm. Gruenberg, seconded by Comm. Watne to take the architect’s estimate for a revised office building north of the courthouse and hold a special election this fall. Roll call: Comms. Watne, Erickson and Gruenberg voted yes, Comms. Lee and Fjeldahl voted no; motion carried.” Roll call: all voted yes; motion carried.
 
Moved by Comm. Lee, seconded by Comm. Watne to establish the 2008 city election fee at 32 percent over the 1994 election fee, a 4 percent increase per election, and fix a 4 percent increase per election in the future. Roll call: all voted yes, except Comm. Gruenberg who abstained. Chairman Watne informed the Board that a Commissioner could not abstain without the consent of the other Commissioners. Roll call on Comm. Gruenberg’s request to abstain: Comms. Lee, Watne and Fjeldahl voted no, Comm. Erickson voted yes; motion carried. Comm. Gruenberg then voted yes on the election cost increase; motion carried.
 
Smestad then presented the Board with three options for tax property system software upgrades. After discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to approve a contract with Cass County for AS/400 programming services, which will allow the New World property tax system to print three years of tax history on the property tax statements to comply with a new state law. Roll call: all voted yes; motion carried.
Discussion was then held on the 2008 preliminary budget. Moved by Comm. Erickson, seconded by Comm. Gruenberg to receive and file the 2008 preliminary budget. A substitute motion was moved by Comm. Lee, seconded by Comm. Fjeldahl to reduce the 2008 preliminary budget expenses by approximately $780,000 (the equivalent of 2007 Regional Child Support expenses.) Roll call on the substitute motion: Comms. Lee and Fjeldahl voted yes, Comms. Erickson, Gruenberg and Watne voted no; substitute motion failed. Roll call on the original motion: Comms. Erickson, Gruenberg and Watne voted yes, Comms. Fjeldahl and Lee voted no; motion carried.
 
At 10:27 a.m. the Board recessed.
 
At 11:14 a.m. the Board reconvened with all members present.
 
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the following payroll amendments: Marvin Wierenga – Correctional Officer – Sheriff's Office – Level 9-1 (PT new hire); Krista Thompson – Juvenile Detention Officer – Juvenile Detention – Level 9-1 (PT new hire). Roll call: all voted yes; motion carried.
 
Smestad informed the Board that Paul Rechlin with CommunityWorks North Dakota had questioned whether a representative should be present for the budget request of the DREAM Fund. Comm. Lee requested that someone attend.
 
Kluck then presented items for Board action.
 
Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the report of bridges in Ward County that are structurally deficient or functionally obsolete. Roll call: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Gruenberg to refer the review of a bridge in Mayland Township, 51-128-26.0, that is functionally obsolete and has been closed until repairs have been completed, to the Highway Committee. Roll call: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to refer the review of a bridge on the Des Lacs refuge, 108-11, to the Highway Committee for further research. Roll call: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to refer the request to change an existing yield sign to a stop sign for east bound traffic on the Rice Lake road at its intersection with County Road 13 to the Highway Committee. Roll call: all voted yes; motion carried.
 
Kluck then presented the plan list for the 2008-2012 Farm to Market program. Comm. Lee requested that the plan be discussed after the budget hearings.
 
Kluck then presented the Board with informational items.
 
Discussion was then held on the building space needs. Comm. Gruenberg informed the Board that he and Kluck had visited with the Minot City Planner and asked Kluck to present their findings. Kluck then presented the Board with a copy of the parking requirements for “C-3” zoned businesses, which the Courthouse and vacant lot are in. The off-street parking and loading requirements state that those requirements do not apply to the C-3 district. It was then moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the report from Kluck and forward a copy to the architect. Roll call: all voted yes; motion carried.
 
Further discussion was held on obtaining the Minot Daily News parking lot and Comms. Fjeldahl and Lee were authorized to visit with Jim Eykyn regarding a possible purchase price for the property.
 
Van Grinsven then appeared to update the Board on former inmate Rocky Skarsgard. No action was taken.
Chairman Watne requested if the Commissioners wanted to change the September 4 meeting date to September 5, Board consensus was to leave it on the 4th.
 
At 11:49 a.m. with no further business, it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to adjourn.
 
ACCEPTED AND APPROVED THIS 4th DAY OF SEPTEMBER, 2007
 
s/Darlene Watne, Chair
Ward County Board of Commissioners
 
ATTEST:
 
s/Devra Smestad, Auditor/Treasurer
Ward County
WARD COUNTY · 315 3RD STREET SE · MINOT, NORTH DAKOTA 58701
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