March 27, 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 and Comms. Lee and Erickson made additions to the agenda.

      Moved by Comm. Lee, seconded by Comm. Erickson to approve the minutes of the March 6 regular and March 15, 2007 special meetings. Roll call: all voted yes; motion carried.

      Smestad then presented the bills. Appearing for comment were Sheriff Vern Erck and Kluck. After discussion it was moved by Comm. Gruenberg, seconded by Comm. Lee to approve the Social Welfare bills totaling $157,872.91; Human Service bills totaling $39,912.87 and the bills totaling $157,533.79. Roll call: all voted yes; motion carried.

      Building Supervisor Ron Overly and Otis Elevator Representative Corrine Anderson then appeared. After discussion it was moved by Comm. Lee, seconded by Comm. Gruenberg to refer the proposed Otis contract to the State's Attorney and Building Committee for further review. Roll call: all voted yes; motion carried.

      Director of Tax Equalization Don Siebert appeared. A plat application from Bill & Elaine Burke at Rice Lake remained on the table.

      After much discussion regarding two-year new construction exemption, it was moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the following applications for two year new construction exemption: Matthew Smith, MI 10.999.000.0010, reducing the 2006 true and full value from $162,800 to $87,800; Cy Ikaila Munos, SY 00.003.300.0420, reduce the 2006 true and full value from $139,200 to $64,200; Kelvin Oxendine, MI 35.A11.000.0020, reduce the value from $139,200 to $64,200; and the following applications for exemption: Gladys Gieser, MI 24.454.040.0080, reduce the 2006 true and full value from $31,000 to $1,800, qualifies for blind exemption; Kristen Schepp, KK 04.009.900.0051, reduce the 2006 true and full value from $110,600 to $1,600, qualifies for farm residence exemption. Roll call: Comms. Erickson, Gruenberg and Watne voted yes, and Comms. Lee and Fjeldahl voted no; motion carried.

      Juvenile Detention Director Allison Hughes appeared and presented the 2006 policies and procedures manual for approval. The Commissioners requested that the matter be moved to the April 3^rd agenda to allow the Board to review the changes. Smestad informed the Board that the manual would be left on the Commissioner’s table for their review. No further action was taken.

      With Hughes still present, it was moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize the Juvenile Detention Director to purchase a Xerox 4118x Digital Copy/Print/Scan/Fax machine from the low bidder, The Digital Office Center, at the price of $1,199. Roll call: all voted yes; motion carried.

      Sheriff Vern Erck appeared regarding various jail incidents. Erck informed the Board that after meeting with the Jail supervisors, several policies have been changed, with the permission of the ND Department of Corrections; and that he would be reporting back to the Board about changes, as he is able.

      Comm. Fjeldahl questioned Erck about numerous letters being received from an inmate. Van Grinsven also appeared for comment. No action was taken.

      Lengthy discussion was then held regarding the Water Resource Board members. Appearing for comment were Van Grinsven; Kluck; Water Resource Board Attorney Brian Hankla; Attorney Nevin Van de Streek; and former Water Resource Board member Arden Haner. Moved by Comm. Lee, seconded by Comm. Fjeldahl to table any appointments to the Water Resource Board; to request an Attorney General’s opinion on the meaning of flood prone areas, according to NDCC 61-16-08, as well as an opinion on how to replace a committee appointment made in error by a county commission. Roll call: all voted yes; motion carried.

      At 10:32 a.m. the Board recessed for the Social Service Board meeting.

      At 11:34 a.m. the Board reconvened with all members present.

      Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the following correspondence: Eng. Kluck – to Rice Lake Service District re: plats; Eng. Kluck to Berthold Mayor Lee re: N. Prairie pipeline; Dept. of Corrections – Jail & Juvenile Detention compliance; Rocky Skarsgard – 3 letters; Garrison Diversion – grant; ND Aeronautics Commission – Economic Impact of Aviation on ND (booklets on file); Eng. Kluck – MG Grain Engineer selection; Karr Tuckpointing – inspection; Senator Conrad – Trinity telemedicine project; Arden Haner – Water Resource Board. Roll call: all voted yes; motion carried.

      Moved by Comm. Gruenberg, seconded by Comm. Erickson to authorize the Auditor/Treasurer in making the following adjustments on the revenue summary page of the monthly financial report per the approved 2007 budget: General Taxes from $2,56,657 to $3,353,522; Road & Bridge from $27,400 to $33,704; Farm to Market from $0 to $1,274,630; and Emergency Poor from $47,000 to $222,019. Roll call: all voted yes; motion carried.

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

      Moved by Comm. Fjeldahl, seconded by Comm. Lee to re-advertise the open position on the Special Assessment Commission. Roll call: all voted yes; motion carried. Chair Watne directed that the Auditor/Treasurer’s Office research if a sitting Commissioner could be appointed to the Special Assessment Commission.

      Moved by Comm. Fjeldahl, seconded by Comm. Lee that Ron Burns be reappointed to the Surrey City Zoning Commission for a five year term ending April 1, 2012. Roll call: all voted yes; motion carried.

      Smestad then presented the following tied motion from the March 6, 2007 meeting: “Discussion was then held on the Board appointments policy. After discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to advertise the open position(s) on the various boards and committees upon each term expiration. Roll call: Comms. Lee and Fjeldahl voted yes, Comms. Erickson and Watne voted no; motion tied to be revoted at the next full Board meeting.” Roll call: Comms. Lee, Fjeldahl and Erickson voted yes and Comm. Gruenberg and Watne voted no; motion carried.

      Moved by Comm. Lee, seconded by Comm. Fjeldahl to adopt the following resolution:

WHEREAS, Section 24-05-01 NDCC provides that 20% of the tax levy made by the County for road and bridge purposes on properties assessed and taxed within the boundaries of incorporated cities shall be remitted to the respective city treasuries; and

WHEREAS, tax collections never reach the 100% level because of discounts granted for early payments, and also because of abatements and permanent delinquencies and result in approximately a 95% collection; and

WHEREAS, the 2006 County levy for road and bridge purposes is .25 mills and the cities’ 95% share of the 20% would be $4,172.86; and

WHEREAS, it would be helpful for the cities to get their shares in a lump-sum payment and the remittance of such lump-sum payment would not create an undue burden on the County to make such an advance at this time, and such a payment would cut down on the administration of accomplishing the intent of the law;

NOW, THEREFORE, BE IT RESOLVED, that the County Auditor/Treasurer be authorized and directed to remit 95% of the calculated 20% of the County road and bridge levy in each city to each City Auditor as follows:

                          Minot City Auditor                       $3,921.35

                          Kenmare City Auditor                         63.54

                          Berthold City Auditor                          33.21

                          Burlington City Auditor                       69.40

                          Sawyer City Auditor                           18.39

                          Surrey City Auditor                            66.97

                          TOTAL                                       $4,172.86

Roll call: all voted yes; motion carried.

      Moved by Comm. Gruenberg, seconded by Comm. Lee that the Board hereby approves the action of the County Auditor in making the following sales, and authorizes the issuance of tax deeds or contracts thereon;

Name of Purchaser              Descriptions                              Price and Terms

John & Sheryl Burke            Olt 1 of SWSW                          $50.00 – cash

MG 03.009.900.0010          Sec. 3-157-81 Margaret Twp.

John & Sheryl Burke            Lot 3 Wolseth less 33’                $100.00 – cash

MG 00.000.100.0030          of west side of Village

                                               Sec. 3-156-81 Margaret Twp.

Roll call: all voted yes; motion carried.

      Comm. Lee then questioned the status of the Kenmare tax deed property. Van Grinsven also appeared for comment. Smestad was directed to invite the potential buyer to the next Commissioner meeting. No further action was taken.

Moved by Comm. Gruenberg, seconded by Comm. Erickson to: 1) authorize the Chairman’s signature on an Emergency Management Performance Grant Award in the amount of $37,195; 2) authorize the Chairman to sign a letter to Rath & Mehrer regarding the annual audit; and 3) receive and file the 2006 property inventory, totaling $80,142,251.00. Roll call: all voted yes; motion carried.

     Moved by Comm. Erickson, seconded by Comm. Watne to table the 2007 liquor license application from Wildwood County Club, LLC until the April 3^rd 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.

      Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the 2007-2008 site authorization application for the Sertoma Club of Minot. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

      Moved by Comm. Erickson, seconded by Comm. Lee authorize the Minot Committee for the National Day of Prayer to hold a Noon prayer rally May 3, 2007 on the Courthouse steps; and to allow a local church group to sell coffee, with the understanding that the organization clean up after themselves,. Roll call: all voted yes; motion carried.

     With Van Grinsven appearing for comment, discussion was then held on the Medal of Honor memorial. 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.

      Smestad then presented the Jail policies and procedures manual for approval. The Commissioners requested that the matter be moved to the April 3^rd agenda to allow the Board to review the changes. Smestad informed the Board that the manual would be left on the Commissioner’s table for their review. No further action was taken.

      Moved by Comm. Lee, seconded by Comm. Gruenberg to authorize Auditor/Treasurer Smestad to attend the ND Insurance Reserve Fund’s annual meeting on May 10, 2007 as Ward County’s delegate. Roll call: all voted yes; motion carried.

      Moved by Comm. Gruenberg, seconded by Comm. Watne to authorize Smestad, as Ward County’s delegate to the ND Insurance Reserve Fund annual meeting, and to vote for Richard C Aberle in his bid for a seat on the NDIRF Board of Directors. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

     Smestad informed the Board that the Elmer Jesme Quarterly meeting is scheduled for April 16, 2007 at the North Central Research Extension Center and asked if any Commissioners would be attending. Comms. Watne, Fjeldahl and Erickson responded that they would be attending.

     Moved by Comm. Lee, seconded by Comm. Gruenberg to approve the following application for payroll amendments: Syneathea Slater – Reg Child Support – Case Analyst – Level 9-1 (new hire); Heidi Russell – Sheriff Dept – Correctional Officer – Level 9-1(new hire); Aaron Ottmar – Sheriff Dept – Correctional Officer – Level 9-1(new hire); Pamela Faulhaber – Social Services – SWIII (underfill as SWI) – Level 9 (new hire); Robin Borud – Social Services – Em. Temp. hire - $25.00/hr. Roll call: all voted yes; motion carried.

      Discussion was then held on various building options available to the County. Comm. Lee informed the Board that he had not met with Comm. Gruenberg and Engineer Kluck to review the Oppen Center building. Kluck appeared and asked to be removed from the committee. Chairman Watne then appointed Comm. Erickson to sit on the review committee with Comms. Lee and Gruenberg.

      Comm. Lee then informed the Board that Roger Tollefson had contacted him and asked if the County did or did not have any interest in his building north of Minot. Following discussion, and Board consensus, the Department Heads will be asked to tour the building. Smestad was directed to inform the Department Heads that a tour is set for Tuesday, April 3 at 8:00 a.m. at the building, and upon hearing from them on the usability of the building, the Board will decide whether or not to accept the offer.

     Comm. Erickson informed the Board that the publisher of the Minot Daily News had contacted him regarding the Minot Daily News owned parking lot and the County’s intention of purchasing it or not. Chairman Watne responded that, at this time, the County does not know what its plans are.

      Comms. Erickson, Lee and Gruenberg set a time of Monday, April 2 at 4:30 p.m. to meet regarding the Oppen building.

     At 11:25 a.m. Comm. Lee left the meeting.

     Kluck then presented items for action and information.

     Kluck gave each Board member a listing, from the Water Resource Board Secretary, of the Water Resource Board members through the years; they were also shown a copy of the most recent advertisement requesting applicants for the unexpired term on the Water Resource Board. No action was taken.

     At 11:27 a.m. Comm. Lee returned to the meeting.

     Moved by Comm. Lee, seconded by Comm. Erickson to direct the Highway Engineer to present an 8 mill and a 10 mill Farm to Market plan at the April 3 Farm to Market public hearing; and to authorize the Chairman’s signature on a letter to the ND Department of Transportation requesting the addition of County Road 18 from US 83 to US 52 to the Farm to Market federal aid system. Roll call: all voted yes; motion carried.

      After much discussion it was moved by Comm. Gruenberg, seconded by Comm. Watne to promote Brian Walter to Construction Project manager and Surveying manager; fill the position vacated by Rick Melchert’s promotion; and allow Kluck to manage his department and positions as needed. After further discussion, Comm. Gruenberg withdrew his motion.

      Moved by Comm. Gruenberg, seconded by Comm. Watne to allow the Highway Engineer to fill the open position of equipment operator. Roll call: all voted yes; motion carried.

     Moved by Comm. Lee, seconded by Comm. Erickson to declare the following equipment as surplus: Dodge ½ ton pickup; Brothers roller – tow type; 10 foot box; 2 brooms unit; and a valve grinder; and authorize the Highway Engineer to contract with Northern Auction for the sale of the surplus equipment.  and authorize the Highway Engineer to contract with Northern Auction for the sale of the surplus equipment. Roll call: all voted yes; motion carried.

      Kluck then presented information on the CR 12 to Surrey project update; a meeting in Berthold on CR 9 - CR 10 and CR 9 - CR 14 stop signs; and a request for the County to provide shop tools. No action was taken.

      Moved by Comm. Lee, seconded by Comm. Erickson to authorize the Highway Engineer to accept the low bid of Information Systems, in the amount of $4,675.00, for the scanning of large format plans and drawings in the Highway Department. Roll call: all voted yes; motion carried.

      Brief discussion was held on motorgrader equipment rates; Kluck informed the Board that he was holding the matter for further research. No action was taken.

      Moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize Mayo Construction Company, Inc. to use County Road 22 from US 83 to County Road 15 and County Road 15 from County Road 23 to SH 23 as haul roads; and require flagmen for the protection of county residents traveling on County Roads 22 and 13 when hauling is occurring. Roll call: all voted yes; motion carried.

      Kluck then presented information on a letter from the ND Department of Transportation regarding special road funds to be used within recreational, tourist and/or historical areas; and a letter from the ND Department of Transportation about a federal program called Safe Routes to School, which promotes walking and bicycling to schools on a daily basis. No action was taken on either letter.

      Moved by Comm. Gruenberg, seconded by Comm. Lee to authorize the Highway Engineer to accept the low proposal from Minot Plumbing & Heating for the demolition of the existing HVAC unit in the Highway Department shop and the installation of a new unit, at a total cost of $20,666.00. Roll call: all voted yes; motion carried.

      Moved by Comm. Lee, seconded by Comm. Erickson to authorize the Highway Engineer to accept the following bids for materials and services: Diamond Vogel – paint/glass beds; Johnston Fargo Culvert and Cretex Concrete Products – Culverts; Becthold Paving and Minot Paving – paving materials; Gravel Products – gravel – Leifson pit; Sundre Sand & Gravel – gravel – Foxholm area; Minot Paving, Bechtold Paving, Sundre Sand & Gravel, Ernie Nelson Co., Gravel Products, Donn Brown Construction, Harris Construction, Excavating, Inc., and Quality Construction – equipment rental; RDO Equipment, Butler Machinery and Sweeney Bros. – equipment rental – no operator.  Roll call: all voted yes; motion carried.

      Kluck informed the Board that the approval North Prairie Rural Water had received from the Northwest Area Water Supply to get tapes every two miles for its rural customers from Speedway to Des Lacs along County Road 10 had been revoked. Kluck further informed the Board that he will set a meeting between the Commissioners, the NAWS committee and North Prairie Rural Water in April. No action was taken.

      At 1:00 p.m. the Board recessed.

      At 1:09 p.m. the Board reconvened with all members present.

      The Board then met with Scott Wegner, Bond Counsel with Cooke, Wegner & Wike; and Myron Knutson, Bond Consultant with Public Finance Management who explained the various options for financing a county administration/corrections building. Also appearing for comment were Van Grinsven; Smestad; and Social Services Director Dan Richter.

Comm. Gruenberg left the meeting at 1:20 p.m. and returned at 1:26 p.m.

       With no further business, it was moved by Comm. Gruenberg, seconded by Comm. Lee to adjourn the meeting at 1:45 p.m.

 

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

 

s/Darlene Watne, Chairman
Ward County Board of Commissioners