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November 6, 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; and County Engineer Roger Kluck.
Smestad presented additions to the agenda. Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the additions to the agenda. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Erickson to approve the minutes of the October 15 regular and October 22 special meeting minutes. Roll call: all voted yes; motion carried.
Smestad then presented the bills. With Kluck appearing briefly for comment, it was moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the Social Service bills of $26,265.95 and the regular bills totaling $386,648.88. Roll call: all voted yes; motion carried.
Building Services Supervisor Ron Overly then appeared regarding diesel fuel for the generator. Also appearing for comment was Kluck. Chairman Watne requested that Overly and Kluck work together to place a bulk order for diesel fuel.
John Pietsch then appeared regarding appointments to the Ward County Water Resource Board and the services provided by the County Highway Department and Engineer to the Water Resource Board. Also appearing for comment were State's Attorney John Van Grinsven and Kluck. After discussion it was moved by Comm. Erickson, seconded by Comm. Lee to delay any action on Water Resource Board appointments until after a review of the maps based on the scientific and engineering report entitled “The Flood Insurance Study for Ward County, North Dakota dated January 19, 2000.” Roll call: all voted yes; motion carried. After the vote, Kluck appeared for further clarification on whether the Board wanted one consolidated map or a copy of each study used to produce the map. Kluck was instructed to have one consolidated map created.
At 9:40 a.m. past the time set for the public hearing on the Ward County Housing Authority annual report, Chairman Watne opened the hearing. Ward County Housing Authority Executive Director Tom Pearson appeared and presented the 2006 annual report and gave an update on the programs offered and the number of people helped in the past year. With no one else appearing, Chairman Watne closed the hearing at 9:49 a.m.
Kluck again appeared for comment regarding the policy of the Ward County Highway Department exchanging services with the Ward County Water Resource Board and Ward County Weed Board and informed the Board that his department will continue keeping accurate records of services to each board and charge each independent board for equal services in return or monetary reimbursement.
Mitchell Holbach then appeared regarding complaints against the District Court Judges and Jail. Chairman Watne informed Holbach that the County Commissioners do not have any authority over the Court system as it is a state function. Comm. Lee requested Holbach to provide the Commissioners, his written complaints about the jail if he wanted the Board to review them.
Duane Erickson then appeared regarding flooding of his property in the 2nd Larson Coulee. Appearing for comment were Director of Tax Equalization Don Siebert and Engineer Kluck. After presentation of his information, Erickson was informed the matter was under the jurisdiction of the Ward County Water Resource Board and was referred to their next meeting on Thursday, November 8 at 9:00 a.m.
Don Longmuir with the Souris Basin Planning Council then appeared to give an update on the MG Grains project. Also appearing for comment was Engineer Kluck.
At 10:19 a.m. the Board recessed.
At 10:30 a.m. the Board reconvened with all members present.
Siebert then appeared. Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve a plat application from the Martha Elstoen Estate, Hope Van Dyke PR, Section 21-156-87 (Passport Township.) Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Erickson to approve: seven applications for abatement of taxes and/or corrections of errors of assessments; 21applications for Disabled Veteran’s Exemption for 2007; one application for blind exemption; one mobile home exemption; four applications for two year new construction exemption; and six applications for Homestead Credit for 2007. Roll call: all voted yes; motion carried.
With Siebert and Alan Lee present, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve an application from Alan Ervin Lee, Delta Energy LLC to provide 100 percent property tax exemption for five years on a portion of the S2NE and N2SE Section 20-156-86 (Berthold Township.) Roll call: Comms. Gruenberg, Erickson and Watne voted yes, Comms. Lee and Fjeldahl voted no; motion carried.
Emergency Manager Al Reynolds then appeared to present the Board with background information on the 9-1-1 microwave links and radio site connectivity.
With Reynolds still present, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the following 2007 award letters and authorize the Chairman’s signature: Public Safety Interoperable Communications Grant, 20 percent county match up to $260,000; administration award in the amount of $5,374; CBRNE equipment in the amount of $88,680; planning award in the amount of $49,817; training award in the amount of $18,268; and exercise award in the amount of $5,000. Roll call: all voted yes; motion carried.
Smestad then presented items for information and action.
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to receive and file the following correspondence: ND DOT – Pavement preservation; Basin Electric – wind energy facility study; ND DOT – revised Federal Aid program; Office of State Treasurer – Oil/Gas Production Tax distribution; Eng. Kluck – letter re: Leifson gravel pile; ND Attorney General office – ineligible organizations for permits; Barry Bennett – potential flooding problems; Souris Valley United Way – Emerson building; District Court – notice of appeal and assignment; ND Dept. of Health – Air Pollution Control permit; Eng. Kluck – letters 1) Rice Lake Dock; 2) Snow removal road hazards; Aud/Treas. Smestad – letter to NDACo; Social Service Director Dan Richter – notice of lawsuit; Fred Mueller, DERF Inc. – real estate taxes; Duane Erickson – 2nd Larson Coulee; Commissioner Fjeldahl – public meetings. Roll call: all voted yes; motion carried.
Barry Bennett; Kluck and Siebert then appeared regarding Bennett’s letter regarding potential flooding problems in the Meadowbrook Estate area. Chairman Watne directed Bennett to the Water Resource Board for further investigation of his concern.
Van Grinsven then appeared regarding the correspondence from the Attorney General’s office informing the County of ineligible organizations for a local permit(s) or charity local permit(s). The Board was informed that the list is checked for anyone wanting to apply for a permit and directed to the Attorney General’s office if they are ineligible.
Comm. Fjeldahl requested to discuss the correspondence from the Office of the State Treasurer regarding the Oil and Gas Production Tax distribution. Chairman Watne informed the Board that the matter would be reviewed during the County Engineer’s agenda.
With Van Grinsven appearing, the Board discussed the court action taken by Dave Gowan against the County for the denial of his zone change and plat application of the proposed Elk Park Addition.
Van Grinsven briefly updated the Board on the status of the Freedom From Religion lawsuit against Social Services Director Dan Richter.
Moved by Comm. Lee, seconded by Comm. Erickson to adopt a resolution for depository services. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following applications for Raffle Permits: 1) MSU Hockey Club for February 20, 2008 with prizes totaling $925.00; and 2) Magic City Driftbusters for January 5, 2008 with prizes totaling $900.00. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to accept and approve the proposal from Refrigeration Equipment Company for 19 wall type heat pumps in the amount of $33,605.30 to be paid with 2008 funds. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to appoint Mary Thomason to a two-year term on the North Central Human Service Advisory Committee; and re-advertise the other open position. Roll call: all voted yes; motion carried.
With Van Grinsven appearing for comment, it was moved by Comm. Erickson, seconded by Comm. Gruenberg to approve and authorize the Chairman’s signature on the Joint Powers Agreement between Ward County and the various cities in Ward County for which the Ward County Auditor’s office conducts the City general elections. Roll call: all voted yes; motion carried.
With Siebert appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to send a letter of objection to the NDACo for the hiring of a private contractor to work on the integration of Geographical Information Systems in the State Tax Office. Roll call: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Erickson and Watne voted no; motion failed.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the letter from Mark Johnson, Executive Director of the NDACo, regarding the NDACo’s effort to assist counties with agricultural valuation deadlines imposed by House Bill 1303. Roll call: all voted yes; motion carried.
With Sheriff Vern Erck appearing for comment, it was moved by Comm. Lee, seconded by Comm. Watne to decline participation in commenting on the Correctional Facility Review. Roll call: all voted yes; motion carried.
With Kluck and Siebert appearing for comment, it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve and add the following to the Recommendations Section of the Planning Commission Staff Report for any subdivision within the 2-mile extra territorial limit of the City of Minot that contains two or more lots: “The developer(s) shall provide street marking signs in capital letters with “Highway B” font and otherwise conforms to the Manual on Uniform Code of Traffic Control Devices”; and approve that developers will be responsible for signage outside of any incorporated city and extra-territorial areas in Ward County, with the definition of a development at the discretion of the County Engineer and Tax Assessor. Roll call: all voted yes; motion carried.
Smestad then requested the Board set a date for the City/County/Park/School Liaison Committee meeting. Two dates of Noon either Thursday, November 15 or Monday, November 19 was suggested. Smestad will contact the City to find out which date works better for them and contact the Commissioners appointed to the Liaison committee.
Smestad then requested the Board set a date for Department Head evaluations, which was set for Monday, November 26 beginning at 8:00 a.m. with 20 minutes allowed per Department Head.
The Board then discussed the following tied motion from the October 15, 2007 meeting regarding the City Prosecution contract: “It was moved by Comm. Lee, seconded by Comm. Fjeldahl to notify the City of Minot of termination of the contract within 90 days and re-negotiate a new contract. 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 voted on tied motion: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Erickson and Watne voted no; motion failed.
The Board then discussed the following tied motion from the October 15, 2007 meeting regarding the City/County IT services contract: “It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to send a letter to the City of Minot informing them that Ward County is not satisfied with the resolution of the contract and ask for a face to face meeting. 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.” It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to table the motion until the November 20, 2007 meeting. Roll call on the motion to table: all voted yes, except Comm. Watne who voted no; motion carried.
Deputy Auditor/Treasurer Denice Boe then appeared regarding new tax software for the County. Van Grinsven and Recorder Sheila Dalen also appeared for comment. After discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to postpone any action on the purchase of new software until the State's Attorney can review the bidding process to see if software can be ordered without going through the bidding process. Roll call: Comms. Lee, Fjeldahl and Gruenberg voted yes, Comms. Erickson and Watne voted no; motion carried.
With Kluck appearing for comment, Comm. Erickson moved to rescind the following motion from the February 20, 2007 meeting: “Moved by Comm. Lee, seconded by Comm. Fjeldahl to have the media informed of all County Committee meetings and to have a clerk present for record keeping. Roll call: all voted yes, except Comm. Gruenberg who voted no; motion carried.” Motion failed for lack of a second.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to close the Courthouse and County offices for ½ day on December 24 and ½ day on December 31. Roll call: all voted yes; motion carried.
Smestad then informed the Board that the first regular scheduled meeting of January falls on New Years Day, a legal holiday. Board consensus was to move the first meeting of January to Wednesday, January 2, 2007.
Personnel Director Colleen Houmann briefly appeared. Moved by Comm. Lee, seconded by Comm. Gruenberg to approve the following payroll amendments: Robert Watchus – Correctional Officer – Sheriff's Office; Tawna Boyko – Temp. Jail Supervisor – Sheriff's Office; Dawn Palumbo – Jail Supervisor. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Erickson to authorize the Chairman’s signature on the Engineering contract for the Apple Grove paving project. Roll call: all voted yes; motion carried.
Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to authorize the Chairman’s signature on the USDA election ballot. After discussion Comm. Fjeldahl withdrew his motion.
At 12:10 p.m. the Board recessed.
At 12:17 p.m. the Board reconvened with all members present.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to rescind the above action allowing the Courthouse and County offices to be closed for ½ day on December 31, 2007. Motion carried with all members voting aye.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to close the Courthouse and all County offices for the full day on December 24, 2007 and remain open the full day on December 31, 2007. Roll call: all voted yes; motion carried.
Kluck then presented items for information and action.
Moved by Comm. Lee to allow the County Engineer $200,000 to $250,000 with which to purchase needed equipment and save the remaining amount of the $420,102 equipment bid for road repair and construction. Motion died for lack of a second.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to authorize the County Engineer to accept equipment bids from the low bidders. Roll call: Comms. Erickson, Gruenberg and Watne voted yes, Comms. Fjeldahl and Lee voted no; motion carried.
Moved by Comm. Fjeldahl, seconded by Comm. Lee to authorize the County Engineer to request the City of Minot participate in one-half of the cost (approximately $247,500) for the widening of County Road 12 from County Road 19 to County Road 12A (55th Street) due to the economic development work and city annexations in that area. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize the County Engineer to draft the bidding documents for paving of County Road 2 from Kenmare east, and County Road 12 from Minot through Surrey. Roll call: all voted yes; motion carried.
Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve and authorize the County Engineer to send a letter to Dave Leftwich at the ND DOT regarding the County’s ability to transfer funds between the gas tax distribution funds and the farm to market funds. Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Watne to approve and authorize the Chairman’s signature on forms requesting available Federal Aid for 2008 and to return the forms to the ND DOT. Roll call: all voted yes; motion carried.
Discussion was then held on oil impact monies and legislation requiring Counties to levy 10 mills, combined, for county road and bridge, farm to market and federal-aid road and county road purposes in order to be eligible for an additional 1 million dollars above its current cap for each fiscal year. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to authorize the Auditor to sign, and return to the State Treasurer’s Office, certification that Ward County did not levy at least ten mills for combined levies for county road and bridge, farm to market and federal-aid road and county road. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Erickson to authorize the County Engineer to proceed with programming and bidding a seal coat project on the Rice Lake road coming in from County Road 13, in tandem with the Rice Lake Recreation Service District paving project. Roll call: all voted yes; motion carried.
Moved by Comm. Lee to authorize the County Engineer to develop a proposal and take bids for the removal of the front door glass and installation of a metal door on the south side of the County North building. Motion died for lack of a second. It was then moved by Comm. Watne, seconded by Comm. Erickson to authorize the County Engineer to remove the front door glass and install a new metal door on the south side of the County North building, using the contractor with the lowest estimate and County forces. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
Discussion was then held on the ownership of the Speedway Subdivision parking lot. With Van Grinsven appearing for comment, Board consensus was to leave the parking lot as is and for the County to not maintain it.
Kluck then presented items for information.
Van Grinsven appeared briefly to update the Board on the new file clerk position in his office and possible remodeling of his front office to accommodate six people. Kluck appeared for comment and informed the Board that one of the things the Architect is looking at is re-organization of the first floor and the possibility of using Courtroom 100 as a conference room rather than a Courtroom.
Chairman Watne questioned if the Board wanted to discuss options for the Emerson Apartment building now that the Souris Valley United Way has looked at the building and decided that they do not want it. Comm. Lee requested that any discussion be postponed until for the architect’s report on the current Courthouse is reviewed.
At 1:05 p.m. with no further business, Comm. Erickson moved to adjourn.
ACCEPTED AND APPROVED THIS 20th DAY OF NOVEMBER, 2007
s/Darlene Watne, Chair
Ward County Board of Commissioners
ATTEST:
s/Devra Smestad, Auditor/Treasurer
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