2012 Minutes

2011 Minutes

2010 Minutes

2009 Minutes

2008 Minutes

2007 Minutes

2006 Minutes

Boards and Commissions

Events

June 19, 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.

Smestad presented the Board with a revised agenda. It was moved by Comm. Lee, seconded by Comm. Erickson, to approve the revised agenda for the June 19, 2007 regular meeting. Roll call: all voted yes; motion carried.

With Director of Tax Equalization Don Siebert appearing, it was moved by Comm. Lee, seconded by Comm. Fjeldahl, to change the June 5, 2007 Board of Equalization minutes to read “the meeting recessed at 11:37 a.m.” Roll call: all voted yes; motion carried.

Moved by Comm. Lee, seconded by Comm. Erickson, to approve the June 5, 2007 regular meeting and June 5, 2007 Board of Equalization minutes. Roll call: all voted yes; motion carried.

Smestad then presented the bills. Chief Deputy Dave Bosh appeared briefly for comment. Moved by Comm. Erickson, seconded by Comm. Gruenberg, to approve the Social Welfare bills totaling $38,885.53; Human Service bills totaling $39,617.67 and the regular bills totaling $281,728.21. Roll call: all voted yes; motion carried.

Social Services Director Dan Richter then appeared. It was moved by Comm. Erickson, seconded by Comm. Watne, to approve an amendment and modification of lease between Oppen Family Guidance Institute and Ward County Social Services. It was then moved by Comm. Lee, seconded by Comm. Gruenberg, to table discussion on the lease until further discussion was held on the building options. Roll call: all voted yes; motion carried.

Siebert; Van Grinsven; Afton Township Supervisor Doug Faul and Afton Township resident Lynn Nelson appeared regarding Afton Township’s request for Ward County to help with a zoning violation in Afton Township. After much discussion, the Board suggested that Afton Township work with the First District Health Unit to get involved in any potential health issues. Siebert informed the Board that he would visit with Jim Heckman, of the Environmental Health division. No further action was taken.

Kluck then appeared with information regarding the Kenmare implement building and status of the city’s inert landfill. Moved by Comm. Lee that the County tear down the implement building. Motion died for lack of a second. After further discussion it was moved by Comm. Fjeldahl, seconded by Comm. Watne, to send a letter to Kenmare City informing them that Ward County would not make County equipment available to help open up the landfill. Roll call: all voted yes; motion carried.

With Kluck present, discussion was held on the County North Building. Moved by Comm. Lee, seconded by Comm. Watne, to have rain gutters on the north wall installed immediately. After more discussion, Comm. Lee withdrew his motion. It was then moved by Comm. Gruenberg, seconded by Comm. Lee, to authorize the Engineer up to $5,000 to install rain gutters on the north wall; to pump the septic tank and get the pump/mound working; and to check the furnace/air conditioning/air handling system and get it working, with the funds to come from the building improvements fund. Roll call: all voted yes; motion carried.

Discussion was then held on the Emerson Apartment building. It was moved by Comm. Gruenberg, seconded by Comm. Lee, to send a letter to the management company informing them that Ward County would no longer rent the apartments after December 2007. Roll call: all voted yes; motion carried.

Larry Holbach, Harrison Township Clerk, appeared regarding a bill between Harrison Township and North Central Rural Water Consortium. It was moved by Comm. Lee, seconded by Comm. Watne, that Ward County take no further action in the Harrison Township and North Central Rural Water Consortium matter. Roll call: all voted yes; motion carried.

At 10:34 a.m. the board recessed.

At 10:44 a.m. the Board reconvened with all members present.

Warren McGillvray then appeared regarding his concern over a potential conflict of interest with Comm. Watne and the Board setting property valuations. No action was taken.

Smestad then presented items for action.

With Chief Deputy Dave Bosh and Van Grinsven appearing for comment, it was moved by Comm. Gruenberg, seconded by Comm. Erickson, to receive and file the following correspondence: ND Dept of Insurance – Insurance credit; Gov. Hoeven – MG Grains CDBG; ND DOT – Highway Safety Improvement Program; Flood Damage estimates; Auditor/Treasurer Smestad – letters to E. Quarne; OTIS Elevator; Attorney General Stenehjem; Attorney General Stenehjem – opinion; Emerg. Mgr. Reynolds – letters to Burdick Job Corps; Air Force Commanders; Eng. Kluck – letters to NDIRF and M.D.U. Co.; Sheriff Erck – news release; SE Judicial District Court – memo; DES – IVD close out; NDIRF – coverage changes. Roll call: all voted yes; motion carried.

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

Moved by Comm. Gruenberg, seconded by Comm. Erickson, to re-appoint Rodney Kremer to a five-year term on the Burlington City Zoning Commission. Roll call: all voted yes; motion carried.

Roger Mazurek, Executive Director of the Minot YMCA and Van Grinsven appeared for comment. Moved by Comm. Erickson, seconded by Comm. Gruenberg, to approve the following resolution authorizing publication of notice of public hearing:

WHEREAS, representatives of The Young Men’s Christian Association of Minot, North Dakota, a North Dakota nonprofit corporation located in Minot, North Dakota, (the “Corporation”) have requested Ward County, North Dakota (the “County”), to issue Municipal Industrial Development Act revenue bonds on the Corporation’s behalf to provide financing for all or a portion of the cost to construct and equip a 37,000 square foot expansion to the existing Minot Family YMCA facility located at 3515 16^th Street SW in Minot, North Dakota, with the expansion to include a full-size gym, climbing tower, racquetball court, exercise area, track, locker rooms, and storage space, and to make other improvements to the land on which the facility will be built (the “Project”), and for all or a part of the other costs of the Project allowed under Section 40-57-07 of the Act.

BE IT RESOLVED by the governing body of the County as follows:

1.       That a Notice of Public Hearing, in substantially the form attached hereto as Attachment 1, (a “Notice”) regarding the Municipal Industrial Development Act Revenue Bonds (The Young Men’s Christian Association of Minot, North Dakota Project) Series 2007, is hereby approved for publication.

2.       That the County Auditor/Treasurer is hereby authorized to publish such a Notice upon direction of and at the expense of the Corporation through its bond counsel.

3.       That it is expressly resolved that it is the intent of the County to proceed with a hearing referenced in such a Notice in accordance with NDCC Chapter 40-57, Municipal Industrial Development Act of 1955, as amended.

and the following notice of public hearing on a proposed project and the issuance of revenue bonds under the municipal industrial development act of 1955, North Dakota Century Code 40-57:

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Ward County, North Dakota (the “County”) will meet on Tuesday, July 3, 2007 at 9:30 a.m. at the Ward County Courthouse located at 315 3^rd Street SE, Minot, North Dakota, for the purpose of holding a public hearing, on behalf of the County, on a proposal that the County issue revenue bonds (the “Bonds”) under the Municipal Industrial Development Act of 1955, Chapter 4057 of the North Dakota Century Code (the “Act”) to provide financing for the cost to construct and equip a 37,00 square foot expansion to the existing Minot Family YMCA facility located at 3515 16^th Street SW in Minot, North Dakota, with the expansion to include a full-size gym, climbing tower, racquetball court, exercise area, track, locker rooms, and storage space, and to make other improvements to the land on which the facility will be built (the “Project”), and for all or a part of the other costs of the Project allowed under Section 40-57-07 of the Act, all to the extent they are not paid from other sources. The Project is to be owned and operated by The Young Men’s Christian Association of Minot, North Dakota, a North Dakota nonprofit corporation engaged in providing recreational, social, and human service programs and facilities, to better meet the health and human service needs of its service area. Strengthening families and meeting the needs of young people is central to the corporation’s mission, and it is a critical player in the community’s efforts to increase physical activity and improve nutrition.

The amount of the proposed bond is not to exceed $5,500,000.

The Bonds shall be limited obligations of the County payable solely from the revenue pledged to the payment thereof and may be secured by a pledge, guaranty, mortgage or other encumbrances on the subject property. No holder of any such evidences of indebtedness shall ever have the right to compel any exercise of the taxing power of the County to pay such Bonds, or the interest thereon, nor to enforce payment against any property of the County except for the subject property of which the County currently holds title.

As required by the Act, competitors are hereby notified of the above facts. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the County Auditor/Treasurer prior to the date of the hearing as set forth above.

Roll call: Comms. Erickson, Gruenberg, Watne voted yes; Comms. Lee and Fjeldahl voted no; motion carried.

With Kluck appearing for comment, it was moved by Comm. Erickson, seconded by Comm. Watne, to authorize the following notice of hearing to consider potential closure of section lines:

Please take notice that on the 17^th day of July, 2007, at 9:30 a.m., in the chambers of the Ward County Commissioner’s Room located at the Ward County Courthouse in Minot, North Dakota, the Ward County Commissioners shall receive comments from any interested persons concerning any reasons, either for or against, the potential closure and discontinuation of section lines located in Surrey Township or Maryland Township and described as follows:

Segment A: That portion of the section line between Sections 4 and 5 of Township 155 north, Rang 81 West (Surrey Township) lying north of the north line of Outlot 1 of Section 5.

Segment B: 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.)

The consideration with respect to the potential closure of the above-described portions of section lines located in Surrey and Maryland Township is based upon the request of LaVerne Mikkelson, who is the sole property owner of the lands abutting those portions of the section lines sought to be vacated and described in Segments A and B immediately above.

Roll call: all voted yes; motion carried. Kluck reminded the Board that they would need to personally tour the area prior to the public hearing and a tour was set for July 3^rd following the regular Commission meeting.

Van Grinsven then appeared regarding a sublease between Ward County and the Department of Human Services, Child Support Enforcement Division, for lease space for the Regional Child Support Enforcement office. Moved by Comm. Erickson, seconded by Comm. Watne, to approve the sublease. Roll call: Comms. Erickson, Gruenberg, Watne voted yes; Comms. Lee and Fjeldahl voted no; motion carried.

With Richter again appearing for comment, it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl, to set the following budget schedule: July 5 – budget forms to departments; July 20 – budget forms due back to Auditor/Treasurer; August 22 – department head hearings; September 4 – receive and file the preliminary budget; September 7 – publish notice of hearing and preliminary budget; September 18 – hold public hearing on budget at 9:30 a.m.; October 2 – adopt final budget and set levies. Roll call: all voted yes; motion carried.

Moved by Comm. Gruenberg, seconded by Comm. Watne, that department heads budget a 2 percent cost of living increase. Comm. Lee moved, Comm. Fjeldahl, seconded an amended motion to tie the 2 percent cost of living increase to a freeze on all other county spending. Comm. Fjeldahl then moved, Comm. Lee, seconded a substitute motion to increase the 2008 county budget no more than the rate of inflation. Roll call on the substitute motion: Comm. Fjeldahl voted yes; Comms. Lee, Erickson, Gruenberg and Watne voted no; substitute motion failed. Roll call on the amendment: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Erickson and Watne voted no; amendment failed. Roll call on the original motion: Comms. Gruenberg, Watne, and Erickson voted yes; Comms. Lee and Fjeldahl voted no; motion carried.

Moved by Comm. Lee, seconded by Comm. Fjeldahl, to freeze the 2008 commissioner’s salaries at the 2007 level. Roll call: all voted yes; motion carried.

Moved by Comm. Erickson, seconded by Comm. Watne, to budget the same percentage of health care coverage as 2007 (89 percent of single; 65 percent of family). Comm. Lee moved a substitute motion that the County provide $350 per employee for insurance. Substitute Motion died for lack of a second. Roll call on the original motion: Comms. Erickson, Gruenberg and Watne voted yes; Comms. Lee and Fjeldahl voted no; motion carried.

Moved by Comm. Lee, seconded by Comm. Gruenberg, to budget NDIRF conferment of benefits at an average of the past four years. Roll call: all voted yes; motion carried.

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg, to budget $181,837 for the emergency fund. Roll call: all voted yes; motion carried.

Moved by Comm. Lee, seconded by Comm. Gruenberg, to budget $425,000 for the office building improvements fund. Roll call: all voted yes; motion carried.

Moved by Comm. Fjeldahl, seconded by Comm. Lee, to budget $25,000 for the commissioner’s contingency fund. Roll call: Comms. Fjeldahl, Lee and Gruenberg voted yes; Comms. Erickson and Watne voted no; motion carried.

Moved by Comm. Lee, seconded by Comm. Fjeldahl, to authorize the Auditor/Treasurer to budget pay for election workers per her recommendation ($6.55/hour without training and $8.19/hour with training.) Roll call: all voted yes; motion carried.

IT Coordinator Leonard Tennyson appeared for comment. Moved by Comm. Lee, seconded by Comm. Gruenberg, to leave the IT Contract at the current number of hours. Roll call: all voted yes; motion carried.

At 12:23 p.m. the board recessed.

At 12:28 p.m. the board reconvened with all members present.

Comms. Gruenberg and Fjeldahl presented the Board with assessments of the Oppen Center and a scaled-back version of the Ward County Office building, as prepared by Nester-Davison Architects. It was moved by Comm. Fjeldahl, seconded by Comm. Erickson, to receive and file the preliminary report from the architect. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

With Van Grinsven appearing for comment regarding building authority it was moved by Comm. Lee, seconded by Comm. Fjeldahl, to offer the Oppen Family Guidance Institute $2.2 million for the building with current rent monies being put towards the purchase price. Roll call: Comms. Lee and Fjeldahl voted yes; Comms. Gruenberg, Erickson and Watne voted no; motion failed.

At 12:55 p.m. Comm. Gruenberg left the meeting.

Smestad presented the Board with a letter from the ND Association of Oil & Gas Producing Counties inviting the County to attend a conversation on energy, hosted by ConocoPhillips on June 20, 2007 at 7:00 p.m. at the Radisson Hotel in Bismarck. None of the Commissioners will be able to attend; Smestad informed the Board that she would be in Bismarck for other meetings and would attend if she was able to.

Smestad informed the Board of the upcoming Elmer Jesme conference on June 27 and asked if anyone would be attending. Comm. Erickson and Smestad will attend and Comm. Fjeldahl will attend if able. No action was taken.

Moved by Comm. Lee, seconded by Comm. Erickson, to request the Mid Dakota Chapter of the American Red Cross supply an AED unit to the Courthouse. Roll call: all voted yes; motion carried.

Sheriff Vern Erck; Emergency Manager Al Reynolds; and Van Grinsven appeared regarding the coroner contract and Community Ambulance bills. Moved by Comm. Erickson, seconded by Comm. Watne, to authorize the Auditor/Treasurer to pay the Community Ambulance bills, with the funds coming from the Coroner budget. Roll call: all voted yes; motion carried.

Moved by Comm. Erickson, seconded by Comm. Watne, to approve the following applications for payroll amendment: Dawn Dugan – Jail Supervisor (Temporary) – Level 9-1 to Level 10-1; Kenneth Schneider – Correctional Officer – Sheriff's Office – Level 9-1 (new hire); Scott Adkins – Seasonal Surveyor I – Level 5-1 (new hire). Roll call: all voted yes; motion carried.

Comm. Lee then questioned if policy changes required a first and second reading as set out by the Home Rule Charter. Van Grinsven appeared for clarification and informed the Board that according to Ordinance 2001-2, “administrative” resolutions did not require first and second readings. No action was taken.

Kluck appeared with informational items for the Board.

Comm. Lee requested that Kluck produce a map showing the city limit and extra-territorial city limit lines.

At 1:21 p.m. the board recessed for lunch and the Social Service board meeting.

At 3:03 p.m. the board reconvened with Comms. Lee, Erickson, Fjeldahl and Watne present.

Chairman Watne removed an amendment and modification of lease between Oppen Family Guidance Institute and Ward County Social Services from the table.

With Richter again appearing, it was moved by Comm. Watne, seconded by Comm. Erickson, to approve the lease as written, providing additional rental space of 9,786 square feet at a cost of $10.78 for one year ending June 30, 2008. Roll call: Comms. Watne and Erickson voted yes; Comms. Lee and Fjeldahl voted no; Chairman Watne ruled the motion failed.

Chairman Watne then directed Comms. Fjeldahl and Gruenberg and Richter to meet with Owen Larson to review the lease and reach a suitable agreement for space needs and when a new lease is prepared, the Board can call a special meeting to approve it.

Comm. Lee then questioned Van Grinsven if Warren McGillvray’s conflict of interest claim against Chairman Watne was frivolous. Van Grinsven appeared for comment. No action was taken.

At 3:19 p.m. Chairman Watne turned the gavel over to Vice-Chairman Erickson and left the meeting.

Erck appeared again regarding the housing of prisoners for other counties. Comm. Lee requested that Erck prepare a policy that states Ward County would not charge to house prisoners from other counties and return to a later meeting for Board approval.

At 3:23 p.m. with no further business, it was moved by Comm. Fjeldahl, seconded by Comm. Lee to adjourn the meeting.

ACCEPTED AND APPROVED THIS 3rd DAY OF JULY, 2007.

s/Darlene Watne, Chair

Ward County Board of Commissioners

ATTEST:

s/Devra Smestad, Auditor/Treasurer
Ward County

Events

June 19, 2007 Regular Meeting Minutes