October 15, 2007 Regular meeting

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; and County Engineer Roger Kluck.

 

Smestad presented additions to the agenda. Moved by Comm. Erickson, seconded by Comm. Gruenberg 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 2, 2007 regular meeting. Roll call: all voted yes; motion carried.

 

Appearing for comment on the bills were Building Supervisor Ron Overly, Kluck and Smestad. Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the Social Welfare bills totaling $45,578.51; Human Service bills totaling $36,628.50 and the regular bills totaling $381,459.13. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the Ward County Planning Commission’s recommendation to deny the plat application and zone change from Dave Gowan for the proposed Elk Park Addition, Section 24 of Burlington Township (155-84.) Roll call: Comms. Gruenberg, Erickson and Watne voted yes, Comms. Lee and Fjeldahl voted no; motion carried.

 

Tom Pabian, US Fish & Wildlife Service at Des Lacs National Wildlife Refuge and Mike Goos, US Fish & Wildlife Service at Audubon National Wildlife Refuge then appeared to give an update of the past year.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to table action on Fred Mueller regarding property taxes until the next meeting and to notify Mr. Mueller of this. Roll call: all voted yes; motion carried.

 

Building Supervisor Ron Overly then appeared. Moved by Comm. Gruenberg, seconded by Comm. Erickson to authorize the Building Supervisor to call for bids for a HVAC unit for the Juvenile Detention area. Roll call: all voted yes; motion carried.

 

Emergency Manager Al Reynolds then appeared. Reynolds presented the Board with information about Continuity of Operations/Continuity of Government training to be held on November 30 and January 18.

 

Smestad then presented information and items for action.

 

Moved by Comm. Erickson, seconded by Comm. Gruenberg to receive and file the following correspondence: Minot City – pedestrian improvement project; Engineer Kluck – letters re: gravel pile; ND DOT – bridge inspections; Sheila Johnson – zoning issue; City Manager Waind – Minot Prosecution contract; City of Minot – annexation; Attorney Lynn Boughey – Juvenile Detention policies and Auditor/Treasurer Smestad’s response; Lori Ostrem – County Road 9 safety issue and Comm. Watne’s response; Eng. Kluck – memo re: Minot Daily News article on space needs; Veterans Service Officer – Veterans Public Safety; and Social Services Director Dan Richter – ND Dept. of Human Services re: Memorandum of understanding for Comprehensive Child Welfare Payment System. Roll call: all voted yes; motion carried. Comm. Fjeldahl requested that the City/County Prosecution contract be discussed later in the meeting.

 

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

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to appoint Kandi Mikkelson and Kenneth Gillespie to a one year term as a North Dakota State Fair delegate effective immediately.  Roll call: all voted yes; motion carried.

 

After discussion on the appointments to the Ward County Water Resource Board it was moved by Comm. Erickson, seconded by Comm. Gruenberg to rescind the following motion from October 2, 2007: “it was moved by Comm. Lee, seconded by Comm. Fjeldahl to advertise two positions on the Ward County Water Resource Board, with the stipulation that the Water Resource Board applicants live in the 1984 flood plain designated areas. Roll call: all voted yes; motion carried.” and use the current map for the flood area. Roll call: Comm. Erickson voted yes, Comms. Gruenberg, Fjeldahl, Lee and Watne voted no; motion failed. After further discussion it was moved by Comm. Gruenberg, seconded by Comm. Erickson to rescind the motion from October 2, 2007 and re-advertise the positions using the wording of: “the current flood prone area.” Roll call: Comms. Gruenberg, Erickson and Watne voted yes, Comms. Lee and Fjeldahl voted no; motion carried. Comm. Lee informed the Board that this represented a policy change and would require a resolution, public hearings and advertisement per the Home Rule Charter.

 

Discussion was then held on why Auditor/Treasurer Smestad had not advertised the positions as directed at the last Board meeting. Appearing for comment was Ward County Water Resource Board member John Pietsch. Smestad informed the Board that the advertisement had not been placed due to uncertainty of using the term “flood prone” or “flood plain” in the advertising, as well as awaiting a report from the Water Resource Board about flood prone area per board action April 3, 2007, and that Chair Watne had directed her to bring the matter to this meeting for further discussion. It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to place a letter of reprimand in the Auditor’s personnel file for not obeying a direct order in advertising the two positions on the Ward County Water Resource Board. Roll call: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Erickson and Watne voted no; motion failed.

 

At 10:11 a.m., past the time set, Chair Watne opened the public hearing on the tax foreclosure appraisals.  No one appeared for the hearing; however, Comm. Fjeldahl requested that Director of Tax Equalization Don Siebert appear for clarification on a property in Mandan Township.

 

While awaiting Siebert, the Board continued on with the regular meeting.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the NDACo Conference Update provided by Recorder Sheila Dalen, the County’s delegate to the convention. Roll call: all voted yes; motion carried.

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the following applications for payroll amendment: Matthew Hartung – Correctional Officer – Sheriff's Department – Level 9-1 (new hire); Brent Johnson – Patrol Deputy – Sheriff's Department – Level 10 to Level 12. Roll call: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to authorize the Chairman’s signature on the contract for an audit to be conducted by Rath & Mehrer, PC for the year ending December 31, 2007, in an amount not to exceed $9,200. Roll call: all voted yes; motion carried.

 

With Siebert appearing it was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the 2007 tax foreclosure appraisals and authorize Auditor/Treasurer to proceed with the tax deed sales, with the exception of the following property in Mandan Township: SW ¼ Sec 2-155-86. Roll call: all voted yes; motion carried.

 

The public hearing was closed at 10:16 a.m.

 

Siebert then informed the Board that a foreclosed property in Donnybrook has an occupant who will be notified today of the foreclosure and given a 5 day notice to remove, before having the water and electricity turned off. It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to give the occupant a 30 day notice to remove. Roll call: all voted yes, except Comm. Watne who voted no; motion carried.

 

Discussion was held on a new employee of the ND Association of Counties, who was introduced at the NDACo Convention, and who will be working for the State Tax Department to help with the property tax relief system. Moved by Comm. Lee, seconded by Comm. Gruenberg to send a letter to the NDACo requesting more information on the new employee, including the job description, who hired her, the length of her employment and who is paying her salary. Roll call: Comms. Lee, Gruenberg and Fjeldahl voted yes; Comms. Erickson and Watne voted no; motion carried.

 

At 10:24 a.m. the Board recessed for the Social Service Board meeting.

 

At 10:52 a.m. the Board reconvened with Comms. Watne, Erickson, Lee and Fjeldahl present. Comm. Gruenberg had left the meeting to attend a funeral.

 

Deputy Auditor/Treasurer Denice Boe then appeared regarding the tax foreclosed property in Mandan Township. Moved by Comm. Lee, seconded by Comm. Fjeldahl to remove the exception from the earlier motion approving the 2007 tax foreclosure appraisals. Roll call: all present voted yes; motion carried.

 

Discussion was then held on the Minot City Prosecution contract. Assistant State's Attorney Tim Wilhelm appeared for comment. 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.

 

Kluck then appeared with items for information and action.

 

Kluck reminded the Board of the 1:00 p.m. tour of the County North Building.

 

Discussion was then held on the three sources of funding the Highway Department receives. Kluck was directed to send a letter to Dave Leftwich with the ND Department of Transportation requesting clarification of what the highway users funds can be used for.

 

It was moved by Comm. Erickson, seconded by Comm. Fjeldahl to authorize the County Engineer to advertise the following items for bid: truck tractor/snowplow; 4 year loader with quick coupler; ¾ ton 4x4 crew cab pickup; 4,000 lb fork lift; 6,000 lb fork lift; ¾ ton 4x4 pickup; and a melter distributor.  Roll call: Comms. Erickson, Fjeldahl and Watne voted yes, Comm. Lee voted no; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Lee to authorize Kluck to assess the liquidated damages against Gravel Products, for a gravel crushing contract at the Leifson pit, for late test results and a sub-standard quality of gravel. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to authorize the Engineer to submit actual costs for a hotel room at the state training conference in Fargo, in the amount of $85.95. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Watne to authorize the Engineer to purchase an air compressor for a new service truck in the amount of $5,500. After further discussion, Comm. Erickson withdrew his motion to allow the Engineer more time for research on other types of air compressors.

 

Kluck then presented informational items to the Board.

 

Smestad informed the Board that she had received an email from Regional Child Support Enforcement Unit Director Larry Van Ness announcing his retirement on November 1, 2007. Personnel Director Colleen Houmann also appeared briefly for comment.

 

Smestad then informed the Board that she had given Comm. Fjeldahl copies of e-mails exchanged between her and the City of Minot 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.

 

With no further business, the Board adjourned at 11:38 a.m.

 

ACCEPTED AND APPROVED THIS 6^th DAY OF NOVEMBER, 2007

 

s/Darlene Watne, Chair

Ward County Board of Commissioners

 

ATTEST:

 

s/Devra Smestad, Auditor/Treasurer
Ward County