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November 20, 2007 Regular meeting minutesThe regular meeting of the Ward County Commissioners 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.
Moved by Comm. Fjeldahl, seconded by Comm. Erickson to adopt the revised agenda. Roll call: all voted yes; motion carried.
Smestad then presented the bills. Appearing for comment were County Engineer Roger Kluck, Assistant County Engineer Dana Larsen and Chief Deputy Dave Bosh. Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the Social Welfare bills totaling $289,820.10; Human Service bills totaling $46,752.30 and the regular bills totaling $137,825.20. Roll call: all voted yes; motion carried.
Bill Kolb representing the North Dakota Medal of Honor Memorial then appeared and presented the Commissioners with a certificate of appreciation for their support of the memorial.
Director of Tax Equalization Don Siebert then appeared. Also appearing for comment was State's Attorney John Van Grinsven. Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following plat applications: Connie Adam Harrison Township; Bartel Strand New Prairie Township; Jonelda Lee Sawyer Township; and Michael Wagner Bankruptcy Trustee for Frances Christianson New Prairie Township. Amended motion moved by Comm. Lee to remove the application of Connie Adam. Amended motion died for lack of a second. Roll call on the original motion: all voted yes, except Comm. Lee who voted no; motion carried.
With Siebert still present it was moved by Comm. Erickson, seconded by Comm. Lee to approve six applications for abatement and/or corrections of errors of assessments; 25 applications for 2007 disabled veteran’s exemption; five applications for two year new construction exemption for 2007, prorated from date of purchase; and 4) three applications for homestead credit for 2007. Roll call: all voted yes; motion carried.
Recorder Sheila Dalen and IT Coordinator Leonard Tennyson then appeared regarding a wireless internet connection in the Recorder’s office and vault area; Dalen explained that she currently has seven public computers and there is a possibility of having a greater demand for usage. Moved by Comm. Erickson, seconded by Comm. Watne to authorize the County Recorder to install a wireless internet connection, if needed, based upon the rate of $70.00 for the purchase of a wireless router and monthly rate amount of $34.95/8 MB or $29.95/4 MB. Comm. Lee moved an amended motion that the Recorder be authorized to install a wireless internet connection only if there is a six week period of increased activity that her current workstations cannot support. Amended motion died for lack of a second. Roll call on the original motion: all voted yes, except Comm. Lee who voted no; motion carried.
Building Services Supervisor Ron Overly then appeared regarding a HVAC unit for Juvenile Detention Center. Overly informed the Board that he had received four bids with the lowest being from C&C Plumbing & Heating, LLC in the amount of $7,089. Comm. Lee requested time to review the bids before taking any action.
Laverne Mikkelson then appeared regarding concerns with the Water Resource Board and Engineer Kluck. Also appearing for comment were Kluck and Van Grinsven. After much discussion, Kluck requested to be released from the four-party agreement which authorizes Kluck to perform engineering services for the Ward County Water Resource Board, Weed Board and Park Board. It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to allow Kluck to be released from the Memorandum of Understanding by and between Ward County, the Ward County Water Resource Board, the Ward County Park Board and the Ward County Weed Board. Roll call: all voted yes, except Comm. Erickson who voted no; motion carried.
At 10:04 a.m. the Board recessed.
At 10:15 a.m. the Board reconvened with all members present.
With Overly appearing again, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to accept the low bid from C&C Plumbing & Heating, LLC in the amount of $7,089 for HVAC work in the Juvenile Detention Center, as designed by Prairie Engineering. Comm. Lee moved an amended motion, seconded by Comm. Fjeldahl, to send the bidding information to the design Engineer and have him sign off on the bidding documents. Roll call on the amended motion: Comm. Lee voted yes, all others voted no; amended motion failed. Roll call on the original motion: all voted yes, except Comm. Lee who voted no; motion carried.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to receive and file the following correspondence: Sheriff Erck; Attorney Hauge; Engineer Kluck; City of Minot; State's Attorney Van Grinsven; Penske; KLJ; and Laverne Mikkelson. 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. Erickson, seconded by Comm. Gruenberg to approve the following applications for raffle permits: Dakota Cruisers for September 13, 2008; and Souris River Basin Longbeards for January 19, 2008 and May 10, 2008. Roll call: all voted yes; motion carried.
Kluck then appeared regarding the request from Kadrmas Lee & Jackson requesting permission to enter right-of-way for an upcoming project. Moved by Comm. Gruenberg, seconded by Comm. Erickson to send a letter to Kadrmas Lee & Jackson informing them that the property they are requesting permission to enter is not county owned land. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to deny the request of the Souris Basin Planning Council for a letter of support for McHenry County’s grant application to the North Dakota Game & Fish for improvements to Buffalo Lodge Lake, since it is not a Ward County project. Roll call: all voted yes, except Comm. Erickson who voted no; motion carried.
With Kluck and Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Gruenberg to refer the Meadowbrook Estates Paving Project contract to the State's Attorney for review and with his approval, authorize the Chairman’s signature on the contract. Roll call: all voted yes; motion carried.
At 10:29 a.m. the Board recessed for the Social Service Board meeting.
At 10:59 a.m. the Board reconvened with all members present.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the minutes of the November 6, 2007 regular meeting. Roll call: all voted yes, except Comm. Lee who passed; motion carried.
Kluck then appeared to request that his salary remain the same for the remainder of 2007 and all of 2008 although he resigned his duties as the Water Resource Board Engineer. Moved by Comm. Lee, seconded by Comm. Fjeldahl to refer the Engineer’s request to the Highway Committee for further review and recommendation. Roll call: Comms. Lee, Fjeldahl and Gruenberg voted yes, Comms. Erickson and Watne voted no; motion carried.
With Minot City Auditor Cindy Hemphill and Ward County Deputy Auditor/Treasurer Denice Boe appearing, the HTE property tax software was discussed. It was moved by Comm. Erickson, seconded by Comm. Gruenberg to authorize the Auditor/Treasurer to purchase the software and pay the City of Minot in one lump sum for the taxing software portion of the software upgrade.
At 11:39 a.m. Comm. Gruenberg left the meeting.
With Van Grinsven also appearing for comment, a substitute motion was moved by Comm. Lee to table the matter until the December 4 meeting at which time an exact cost of the software could be presented. Roll call: all present voted yes, motion carried.
At 11:41 a.m. Comm. Gruenberg returned to the meeting.
Smestad then presented bids for new office chairs in the Auditor/Treasurer Office. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to authorize the Auditor/Treasurer to purchase eight chairs for her office, and the Superintendent of Schools to purchase one chair for her office from Professional Business Interiors at the cost of $308.00 per chair. Roll call: all voted yes; motion carried.
The Board then discussed the Courthouse Facility Improvements Grant. It was moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the grant request for new carpeting in a third floor jury room and 16 chairs for the counselor tables in the courtrooms. A substitute motion was moved by Comm. Lee, seconded by Comm. Gruenberg to refer the request to the Building Committee for review on the need of the request. Roll call: Comms. Lee, Gruenberg, and Fjeldahl voted yes; Comms. Erickson and Watne voted no; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to table the appointment to the All Seasons Arena Board until after the advertised deadline for accepting applications. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to appoint John Fjeldahl to a three year term on the Ward County Social Service Board effective December 1, 2007. Roll call: all voted yes; motion carried.
At 11:50 a.m. the Board recessed.
At 1:00 p.m. the Board reconvened with all members present.
Kluck and Larsen then presented the Board with several maps showing the 100 year and 500 year flood plain and the 2002 study and results conducted by the City of Minot and the Ward County Water Resource Board, which are currently being reviewed by FEMA for approval.
At 1:31 p.m. Comm. Lee left the meeting.
At 1:32 p.m. Comm. Lee returned to the meeting.
After the presentation and discussion, it was moved by Comm. Fjeldahl, seconded by Comm. Lee to use the 2000 FEMA map and their definition of flood prone when advertising for the two open positions on the Ward County Water Resource Board. After more discussion it was moved by Comm. Fjeldahl to call the question. Roll call on the calling the question: all voted yes, except Comm. Lee who voted no; motion carried. Roll call on the original motion: Comms. Fjeldahl, Lee and Erickson voted yes, Comms. Gruenberg and Watne voted no; motion carried. Kluck informed the Board that he would provide a set of the 2000 FEMA maps to the Auditor/Treasurer’s office.
Kluck then appeared and presented the bid tabulations, as obtained by the ND Department of Transportation, for a bridge replacement near Sawyer. It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize the Chairman’s signature on the low bid from Industrial Builders, in the amount of $206,990.00, as requested by the ND DOT, for a bridge replacement south of Sawyer on Oak Creek. Roll call: all voted yes; motion carried.
Comm. Erickson then gave an update on the City/County/School/Park Liaison Committee. With Kluck appearing for comment it was moved by Comm. Erickson, seconded by Comm. Watne to receive and file the engineer’s feasibility study on the proposed grade separation with Burlington Northern Santa Fe Railway; and set a public hearing for Wednesday, November 28 at 7:00 p.m., at which time the Board would take public comments on the three proposed grade separation areas (55th St NE, 27th St NE or 42nd St NE.) Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
Chairman Watne then appointed Comms. Erickson and Gruenberg to the Liaison committee requested finance committee for the grade separation project.
Smestad then presented the Board with a revised City/County IT Services contract as recommended by the Liaison Committee, with the following additions: …between the City of Minot and Ward County “pursuant to NDCC 50-40.3” and 3c adding “Any property or software programs purchased and solely attributed for the requirements of Ward County shall be the property of Ward County alone, under this agreement.” Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the agreement with the above changes. Roll call: all voted yes; motion carried.
At 2:26 p.m. Comm. Gruenberg left the meeting for his other employment.
Van Grinsven then appeared regarding a service contract with SRT for installation of phone and computer cables in his office for his new staff position. It was moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the service contract with SRT, in the amount of $562.61, for the installation of phone and computer cables in the State's Attorney office. Roll call: all present voted yes; motion carried.
With Van Grinsven appearing it was moved by Comm. Lee, seconded by Comm. Fjeldahl to request a conversation with Randall Bakke, the attorney who is representing Ward County in the lawsuit filed by Dave Gowan, to hear how he plans to represent the County. 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.
Comm. Lee requested if Van Grinsven had set a meeting with the City of Minot regarding the City Prosecution contract. Chairman Watne ruled the action out of order as the matter was not on the agenda.
Kluck then appeared with items for information and action.
Moved by Comm. Watne, seconded by Comm. Erickson to authorize the Engineer to purchase an air compressor for a service truck from the local bidder, Prairie Truck Equipment. Roll call: Comms. Watne and Erickson voted yes, Comms. Lee and Fjeldahl voted no; motion tied to be revoted at the next full Board meeting.
Moved by Comm. Lee, seconded by Comm. Watne to declare the following equipment as surplus and authorize the Engineer to place the equipment up for sale by either auction or sealed bids (list available in the Auditor/Treasurer’s office for review.) Roll call: all present voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to declare a metal Quonset (old Berthold shop) as surplus and advertise it for sale, with a minimum price set at scrap value, and further, to require the successful bidder to remove the building from the Highway Department grounds by May 1, 2008. Roll call: all present voted yes; motion carried.
Moved by Comm. Watne, seconded by Comm. Erickson to authorize the Engineer to pay the seal coating bill for the Old Settlers Park out of the 2007 and 2008 park budget and to request that Kirkelie Township help with the cost of the seal coating. Roll call: all present voted yes, except Comm. Lee who voted no; motion carried.
Moved by Comm. Erickson, seconded by Comm. Watne to authorize the Chairman’s signature on a ND DOT contract for the upgrading of the railroad signals on County Road 11 near Foxholm, with a 10 percent funding match (approximately $9,425.57) provided by the county. Roll call: all present voted yes; motion carried.
Kluck then presented informational items to the Board.
A Highway Committee meeting was set for Tuesday, November 27 at 7:00 p.m. at the Highway Department.
Chairman Watne informed the Board that the Architect had requested a meeting with the Building Committee prior to the December 4 Board meeting to review his space analysis report. A meeting was set for Monday, November 26 at 11:00 a.m.
At 2:55 p.m. Chairman Watne adjourned the meeting sine die.
ACCEPTED AND APPROVED DECEMBER 4, 2007.
s/ Carroll W Erickson, Chairman
Ward County Board of Commissioners
ATTEST:
s/Devra Smestad, Auditor/Treasurer
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