December 18, 2008 Regular Meeting Minutes

The regular meeting of the Ward County Commission was called to order by Chairman Erickson at 9:03 am with Comms. Fjeldahl, Gruenberg, Watne, and Lee present.  Also present were Auditor/Treasurer Devra Smestad; County Engineer Roger Kluck; and State's Attorney John Van Grinsven.

 

Moved by Comm. Watne, seconded by Comm. Gruenberg to approve the December 4, 2007 regular meeting minutes and the December 13, 2007 special meeting minutes. Roll call: all voted yes; motion carried.

 

Smestad then presented the bills. With Kluck appearing for comment it was moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the Social Welfare bills totaling $282,556.71; Human Service bills totaling $39,264.86 and the regular bills totaling $732,746.91. Roll call: all voted yes; motion carried.

 

Darin Langerud with the ND Atmospheric Board then appeared and presented the 2007 Weather Modification program report and took questions from the Board. It was then moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file the Final Operations Report 2007, North Dakota Cloud Modification Project. Roll call: all voted yes; motion carried.

 

Smestad then requested the addition of Recorder Sheila Dalen to the agenda. The letter from Burleigh County Water Resource Board Chairman Ken Royse; Ward County Water Resource Board member John Pietsch; and Personnel Director Colleen Houmann were added to the correspondence to be received and filed. It was then moved by Comm. Fjeldahl, seconded by Comm. Watne to approve the additions to the agenda. Roll call: all voted yes; motion carried.

 

Veterans Service Officer Dale Braun then appeared. Moved by Comm. Lee, seconded by Comm. Watne to approve the request of the Veteran’s Service Officer to work full time beginning January 7, 2008 for a period of 10 weeks with the funds to come from the Commissioner’s Contingency fund. Roll call: all voted yes; motion carried.

 

Emergency Manager Al Reynolds then appeared. It was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the Emergency Manager’s request to apply for a USDA grant to provide equipment for a NOAA all-hazards radio transmitter for Northwest Ward County, in the Kenmare area. After further discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to table the matter until the January 2, 2008 regular meeting to allow the Emergency Manager time to gather more information on available tower space. Roll call on the motion to table: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Watne and Erickson voted no; motion to table failed. Roll call on the original motion: all voted yes; motion carried.

 

Jail Commander Penny Erickson and Sheriff Vern Erck then appeared regarding an intergovernmental service agreement with the ND Department of Corrections and Rehabilitation. Moved by Comm. Lee, seconded by Comm. Fjeldahl to strike the following: “The Contractor (Ward Co. Adult Corrections) may bill the DOCR for medical expenses in excess of $150.00 per month in accordance with this section and with Article VIII of this Agreement.” and return the contract to the ND DOCR for their consideration. Roll call: all voted yes; motion carried.

 

Director of Tax Equalization Don Siebert then appeared. With Josephine Graham present, it was moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the following request for abatement of taxes as recommended by Foxholm Township and the Director of Tax Equalization: Josephine Graham, FO 00.000.400.0013, reduce the 2006 and 2007 true and full value to $45,000. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne to approve: 1) two applications for abatement and/or corrections of errors of assessments; 2) five applications for disabled veterans exemption for 2007; and 3) one application for Homestead Credit. Roll call: all voted yes; motion carried.

 

Comm. Lee then requested Siebert to provide more information on the request of Philadelphia Macaroni Company dba Minot Milling for a tax incentive referred to as a payment in lieu of taxes. It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to send a County Commissioner to the City Council meeting regarding this matter to voice the County’s opposition to granting the tax incentive. Roll call: all voted yes; motion carried.

 

It was then moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to have Comm. Lee represent the County at the City Council meeting regarding the tax incentive for Minot Milling. Roll call: all voted yes; motion carried.

 

Brent Johnson and Arden Haner then appeared regarding Ward County Water Resource Board appointments.

 

Recorder Sheila Dalen and Van Grinsven then appeared regarding a request from a company for a copy of all the indexes and recorded documents available at the Ward County Recorder’s Office. Moved by Comm. Lee, seconded by Comm. Watne to authorize the Recorder to sign an agreement based upon actual costs, once it has been reviewed by the Ward County State's Attorney, and to require the company to provide a $150,000 performance bond before the work begins. Roll call: Comms. Lee, Watne and Gruenberg voted yes, Comms. Fjeldahl and Erickson voted no; motion carried.

 

Smestad then presented items for information and action.

 

With Personnel Director Colleen Houmann appearing briefly for comment it was moved by Comm. Watne, seconded by Comm. Lee to receive and file the following correspondence: Dana Larsen; City of Minot; ND DOT; District Court; Engineer Kluck; ND Assn. of County Engineers; Diane Zander; NACo; US Dept. of Interior; Burleigh County Water Resource Board Chairman Ken Royce; Ward County Water Resource Board member John Pietsch; and Personnel Director Colleen Houmann. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Watne to receive and file the monthly reports, including financial reports. Roll call: all voted yes; motion carried.

 

Moved by Comm. Watne, seconded by Comm. Gruenberg to authorize the Chairman’s signature on the application for Court Facilities Improvement Grant funds for new council chairs in the courtrooms and new carpet in Courtroom 304 as recommended by the Building Committee. Roll call: all voted yes; motion carried.

 

With Houmann again appearing it was moved by Comm. Lee, seconded by Comm. Fjeldahl to accept and approve the job description of the Veteran’s Service Officer and the Auditor/Treasurer; and to include the wording from the Home Rule Charter to all non-elected department head job descriptions. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne to approve the 2008 liquor licenses.  Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne to re-appoint Nelrene Yellow Bird to a two year term on the North Central Human Service Advisory Council. A substitute motion was moved by Comm. Lee, seconded by Comm. Fjeldahl to appoint Janet Sabol to a two year term on the North Central Human Service Advisory Council. Roll call on the substitute motion: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Watne and Erickson voted no; substitute motion failed. Roll call on the original motion: all voted yes, except Comm. Lee who voted no; motion carried.

 

At 10:18 a.m. the Board recessed.

 

At 10:29 a.m. the Board reconvened with all members present.

 

Smestad then presented a request from Water Resource Board Chairman Maurice Foley for an increase in the Water Resource Board member stipend. Water Resource Board member John Pietsch appeared briefly for comment. Moved by Comm. Lee, seconded by Comm. Fjeldahl to table the request until the Water Resource Board returns to the Ward County Board of Commissioners with a formal request for an increase. Roll call: all voted yes; motion carried.

 

Smestad then presented the Board with five applications for the two open positions on the Ward County Water Resource Board. Moved by Comm. Watne, seconded by Comm. Erickson to appoint Robert Wetzler, who lives in the 2000 FEMA flood insurance flood plain, to a four year term on the Ward County Water Resource Board. Roll call: Comms. Watne and Erickson voted yes, Comms. Lee, Gruenberg and Fjeldahl voted no; motion failed.

 

After further discussion it was moved by Comm. Lee, seconded by Comm. Erickson to set up interviews with the five applicants prior to the January 2, 2008 meeting. Comm. Lee then withdrew his motion. It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to re-advertise the position using the same criteria as before until December 28, 2007 and have the applications available for review at the January 2, 2008 meeting. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Watne to accept and approve the following 2008 Commissioner committee appointments: All Seasons Arena Commission: Jim Lee, Jerome Gruenberg with Carroll Erickson as alternate; Berthold EDC: John Fjeldahl with Jim Lee as alternate; DeSour Valley EDC: Jerome Gruenberg with Darlene Watne as alternate; Kenmare EDC: Carroll Erickson with Jim Lee as alternate; Makoti EDC: Jim Lee with Darlene Watne as alternate; Carpio EDC: John Fjeldahl with Jim Lee as alternate; Chamber of Commerce: Carroll Erickson with Darlene Watne as alternate; Buildings & Grounds: Darlene Watne, Jerome Gruenberg with Carroll Erickson as alternate; Emergency Resources Steering Committee: Jim Lee; Employee Relations: Carroll Erickson; Personnel: Carroll Erickson, John Fjeldahl with Jim  Lee as alternate; Highway Committee: Jerome Gruenberg, John Fjeldahl with Jim Lee as alternate. Roll call: all voted yes; motion carried.

 

Comm. Lee questioned when the City/County Liaison committee terms expired and Smestad responded that she would research the matter and provide the information after the next recess.

 

At 10:47 a.m. the Board recessed for the Social Service Board meeting.

 

At 11:48 a.m. the Board reconvened with all members present.

 

Smestad informed the Board that the City/County Liaison committee term was for two years and expired December 31, 2008.

 

With Kluck appearing for comment, it was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the year end transfers. Roll call: all voted yes; motion carried.

 

With Houmann and Van Grinsven appearing for comment, it was moved by Comm. Watne, seconded by Comm. Fjeldahl to authorize the payroll department to compensate the Sheriff and State's Attorney the missed wages comprising the budgeted two percent merit pay for 2007. Roll call: all voted yes; motion carried.

 

Discussion was then held on the term “merit increase” for the Sheriff and State's Attorney who are elected officials and they do not get a performance evaluation from the Commissioners as other Department Heads do. It was then moved by Comm. Gruenberg, seconded by Comm. Lee to refer the matter of merit increases for elected officials to the Personnel Committee for clarification of the wording “merit increase.” Roll call: all voted yes; motion carried.

 

Smestad and Houmann presented the Board with information that Ward County had received $1,000 for the County’s participation in the WSI’s Safety Outreach Program. The Board briefly discussed what the funds could be used for. Chief Deputy Dave Bosh appeared to inform the Board that the Sheriff's Office is currently looking for a second difibulator for use at the Court Services station. No further action was taken.

 

Moved by Comm. Gruenberg, seconded by Comm. Lee to approve the polling locations for the 2008 Primary and General Elections. Roll call: all voted yes; motion carried.

 

Moved by Comm. Watne to authorize the Highway Department to pay for the costs of providing maps and flood studies for use in determining appointments to the Water Resource Board. After comment by Kluck, Comm. Watne withdrew her motion.

Moved by Comm. Lee, seconded by Comm. Watne that the Board hereby approves the action of the County Auditor/Treasurer in making sales, and authorizes the issuance of tax deeds or contracts thereon. Roll call: all voted yes; motion carried.

 

Moved by Comm. Watne, seconded by Comm. Gruenberg to pre-approve and authorize the Auditor/Treasurer to pay the year-end bills. Roll call: all voted yes; motion carried.

 

With Bosh appearing for comment it was moved by Comm. Gruenberg, seconded by Comm. Watne to approve the following applications for payroll amendment: Dennis Snodgrass – Correctional Officer – Sheriff's Office (new hire); Kayla Bertsch – Correctional Officer – Sheriff’s Office (new hire); Ellen Lindo – Social Worker III – Social Services – temporary hourly worker. Roll call: all voted yes; motion carried.

 

Comm. Lee then questioned if a letter could be sent to the Courts requesting the County be reimbursed any fees paid for a child investigator from the participants in a custody case. Smestad informed the Board that the letter had been sent and the judge had issued a court order stating the parents had to reimburse the County for the investigator costs.

Kluck then appeared to present items for information and action.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne that the Ward County Board of Commissioners move forward with the recommendation of Ackerman-Estvold Engineering in the pursuit of funding for the 55^th St SE grade separation. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

After discussion it was moved by Comm. Lee, seconded by Comm. Watne to prepare a proposal on the costs of the 55^th St SE grade separation for presentation at the annual Farm to Market hearing in April 2008. Roll call: all voted yes, except Comm. Erickson who voted no; motion carried.

 

The Chairman then appointed the two members of the City/County Liaison Committee, Comms. Gruenberg and Erickson to serve on the 55^th St SE grade separation finance committee.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize the County Engineer to demolish the old metal Quonset at the Highway Department and sell it for scrap. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to authorize the Chairman, or Vice-Chairman, to sign a letter to the ND DOT certifying right of way purchase for the project on County Road 2, once the State's Attorney has reviewed the contract. Roll call: all voted yes; motion carried.

 

Kluck informed the Board that there would be a Park Board meeting at 8:00 a.m. on January 2, 2008 and the Highway Committee would be meeting in Kenmare on Wednesday, December 19 at 7:00 p.m.

 

Other informational items from the Engineer were then discussed.

 

Ward County Ward Board member John Pietsch then briefly appeared.

 

Discussion was then held on the payroll amendment for the County Engineer. Moved by Comm. Gruenberg, seconded by Comm. Watne to approve the following application for payroll amendment: Roger Kluck – County Engineer ­– Highway Department. Roll call: Comms. Gruenberg, Watne and Erickson voted yes, Comms. Lee and Fjeldahl voted no; motion carried.

 

At 12:48 p.m. with no further business it was moved by Comm. Gruenberg, seconded by Comm. Erickson to adjourn.

 

APPROVED THE 2nd DAY OF JANUARY, 2008.

 

s/Carroll W Erickson, Chairman
Ward County Board of Commissioners

 

ATTEST:

s/Devra Smestad, Auditor/Treasurer

Ward County