September 18, 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. Lee, seconded by Comm. Watne that the Highway Department agenda be moved ahead after the minutes and bills are approved. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl 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 September 4, 2007 regular meeting, with corrections. Roll call: all voted yes; motion carried.

 

Smestad then presented the bills. Kluck and Assistant County Engineer Dana Larsen appeared for comment. Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the Social Welfare bills totaling $32,470.95; Human Service bills totaling $38,330.78 and the regular bills totaling $669,431.23. Roll call: all voted yes; motion carried.

 

Kluck then appeared to present items for action and information.

 

Kluck presented a revised memo regarding the soils report for the proposed office building north of the courthouse. The Board then set a meeting for Tuesday, September 25 at 8:00 a.m. for building discussions.

Moved by Comm. Lee, seconded by Comm. Erickson to authorize the Chairman’s signature on the annual maintenance certification of federal aid project roads. Roll call: all voted yes; motion carried.

 

Kluck informed the Board that a Highway Committee meeting with Berthold residents was set for Thursday, September 20 at 7:00 p.m. at the Berthold Senior Citizens Center.

 

Don Longmuir, Souris Basin Planning Council, then appeared to present the Board with an update on the MG Grains project. Larsen also appeared for comment.

 

Bea Shaw, Minot Police Chief Jeff Balentine, property owner Dave Gowan, and Director of Tax Equalization Don Siebert then appeared regarding Gowan’s appeal of the Ward County Planning Commission recommendation to deny his plat application and zone change request. Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file a letter from Peter Yung and Percy Ottmar objecting to the proposed development of the Gowan property. Roll call: all voted yes; motion carried. It was then moved by Comm. Lee to reverse the decision of the Ward County Planning Commission to deny the zone change and plat application. Motion died for lack of a second. After further discussion it was moved by Comm. Fjeldahl, seconded by Comm. Watne to give the three parties involved, Gowan, the Ward County Law Enforcement Training Center and Mark and Penny Hamilton, one month to sit down and try to reach an agreement regarding Gowan’s proposed development and come back on October 16, at which time the Commission will make a decision to approve or deny the plat application and zone change. Roll call: all voted yes; motion carried.

 

At 9:49 a.m. past the time set, Chairman Watne opened the hearing on the 2008 Budget. With no one appearing for or against the budget, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the 2008 budget. After discussion an amended motion was moved by Comm. Lee, seconded by Comm. Fjeldahl to remove the funding for the new property tax and assessing software in the amount of $321,451. Roll call on the amended motion: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Erickson and Watne voted no; amended motion failed. With State's Attorney John Van Grinsven appearing for comment, an amended motion was moved by Comm. Lee, seconded by Comm. Fjeldahl to double the estimated income from the City prosecution contract in the 2008 budget. Roll call on the amended motion: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Erickson and Watne voted no; amended motion failed. Roll call on the original motion: Comms. Gruenberg, Erickson and Watne voted yes, Comms. Lee and Fjeldahl voted no; motion carried.  At 10:14 a.m. the public hearing on the 2008 budget was closed.

 

At 10:14 a.m. past the time set, Chairman Watne opened the public hearing on the Apple Grove Paving District No. 2007-1. With no one appearing for or against the paving district it was moved by Comm. Erickson, seconded by Comm. Gruenberg that due to insufficient protest, the Commissioners direct the consulting engineer to prepare plans and specifications to move forward with the project. Roll call: all voted yes; motion carried. The public hearing on the Apple Grove Paving District No. 2007-1 was closed at 10:16 a.m.

 

At 10:16 a.m. past the time set for a public hearing on the Meadowbrook Paving District No. 2007-1, Chairman Watne opened the hearing. Appearing for comment was County Engineer Roger Kluck, and property owners Scott Newcomb and Al Torrington. Smestad informed the Board that she had received 13 letters of protest from property owners, but the acreage failed to meet the 30 percent requirement for stopping the project. Moved by Comm. Fjeldahl, seconded by Comm. Erickson that due to insufficient protest, the Commissioners direct the consulting engineer to prepare plans and specifications to move forward with the project. Roll call: all voted yes, except Comm. Lee who voted no; motion carried. The public hearing on the Meadowbrook Paving District No. 2007-1 was closed at 10:32 a.m.

 

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

 

At 11:13 a.m. the Board reconvened with all members present.

 

Director of Tax Equalization Don Siebert appeared.

 

The Board set a date of October 2 for the foreclosed property appraisal committees with the City properties appraisal committee meeting at 8:00 a.m. and the rural properties appraisal committee meeting at 8:20 a.m.

 

With Siebert present, it was moved by Comm. Lee, seconded by Comm. Erickson to approve the following plat application: Peter Kizima for Outlot 7 of SENE Section 35-153-83 (Freedom Township); and to approve the following application for abatement and/or corrections of errors: KA Development, LLC, KM 00.000.727.0041, reduce the 2007 true and full value from $129,400 to $84,200; the following applications for disabled veteran’s exemption: Dennis Burchkhard, HA 00.005.500.0040, reduce the 2007 true and full value from $122,200 to $65,600; Frank Killam, EE 13.009.900.0050, reduce the 2007 true and full value from $75,400 to $35,000; Vincent Johnson, MI 11.173.000.0271, reduce the 2007 true and full value from $113,200 to $56,600; Gary Standberg, MI 11.251.070.0010, reduce the 2007 true and full value from $119,000 to $35,800; Dennis Schmidt, MI 14.791.000.0070, reduce the 2007 true and full value from $113,800 to $45,600; and the following application for mobile home exemption: Municipal Services, Inc., BR 51.001.87 remove 2006 and 2007 value of $1,882 and BR 51.00.200 remove 2006 and 2007 value of $2,587. Roll call: all voted yes; motion carried.

 

Recorder Sheila Dalen then appeared. Moved by Comm. Lee, seconded by Comm. Gruenberg to authorize the Recorder to: 1) pay overtime to her staff for indexing relating to the record digitization process, with reimbursement to her salary budget from the preservation fund; and 2) proceed with adding a copy machine, monitors, purchasing software licenses for workstations, installing wiring, and clearing microfilm cards as they are digitized, with the funds to come from the preservation fund. Roll call: all voted yes; motion carried.

 

Dalen then presented the Board with information about the ND Association of Counties Convention in October.

 

Smestad then presented the Board with items for action and information.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to receive and file the following correspondence: Bureau of Land Management – public meetings; North Prairie Rural Water – Surrey water supply; ND Dept. of Health – MAFB application; 2 waste transfer permits; Eng. Kluck – letter to Willis Township re: FEMA funds; Emergency Mgr. Reynolds – Homeland Security Grants briefings; City of Minot – annexation; Water Resource Board – Surrey water; cost sharing on drainage improvements; Court Facilities Improvement Advisory Committee – grant; and ND DOT – maintenance certification. Roll call: all voted yes; motion carried. Chairman Watne requested that Smestad give a copy of the Court Facilities Improvement grant information to the District Court administration office.

 

Moved by Comm. Lee, seconded by Comm. Gruenberg to 1) receive and file the monthly reports, including financial reports and 2) approve a bingo permit for North Plains PTA for October 12, 2007 with prizes totaling $1,000.00. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve an application for Sunday Event Alcoholic Beverage Permit from the Foxden for September 23 and 30, 2007 and October 7, 14, 21 and 28, 2007. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson that the following resolution be adopted:

 

WHEREAS, sales of tax deed properties have been made in the office of the County Auditor/Treasurer, with the approval of the Board of County Commissioners, and the purchase price thereof has been made in full and tax deeds thereto have been issued to the purchasers; and

 

WHEREAS, the purchase prices thereof were less than the delinquent taxes on the respective properties, with the result that the proceeds of the tax sale left an unpaid balance on the taxes on the descriptions listed as set forth in a certificate of the Deputy Auditor/Treasurer under dates of August 31, 2007.

 

NOW, THEREFORE, BE IT RESOLVED, that under and pursuant to Section 57-28-21 of the North Dakota Century Code, the unpaid balances as set forth be canceled and the County Auditor/Treasurer is hereby authorized to remove said balances from the records.

 

Description                                            Consolidated tax                Specials

L3 Wolseth less 33’ on W side to VG

S3-157-81 (MG 00.000.100.0030)                 $256.90                       $3,223.73

 

Terrace Heights 10^th Addn. Lot 13                 $316.62                       $1,818.62

 

Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Watne to file the monthly utility bills for the County North building and split them according to square foot usage between the Highway Department and General funds. Roll call: Comms. Lee, Watne and Erickson voted yes, Comms. Gruenberg and Fjeldahl voted no; motion carried.

 

Smestad then informed the Board that the Fair Labor Standards training to be held at the next Elmer Jesme conference had been rescheduled for December 17, 2007 and the regular Elmer Jesme conference will be held on September 24.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne to receive and file the minutes of the City/County/School/Park Board liaison committee. Roll call: all voted yes; motion carried.

 

Discussion was then held on the Liaison committee requested sub-committees for the City/County Prosecution contract and City/County Data Processing contract. With Van Grinsven appearing for comment, Comm. Lee volunteered to sit on the prosecution sub-committee. Chairman Watne requested that the State's Attorney’s office follow through on setting up a meeting with the City. Smestad informed the Board that the data processing sub-committee was to be made up of the finance officers and IT people from the City and County. Comm. Fjeldahl volunteered to sit on the data processing sub-committee.

 

With Scott Newcomb appearing, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to appoint Scott Newcomb to the Special Assessment Commission to fill the un-expired term of Wallace Berning; and to find a substitute for Mr. Newcomb during the Meadowbrook Paving District No. 2007-1 assessment. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to approve the following applications for payroll amendment: Brandy Edwards – Office Clerk/Imaging Specialist – Recorder – Level 6-1 (new hire); and Barbara Hanson – Secretary III – Tax Equalization – Level 6-1 (new hire.) Roll call: all voted yes; motion carried.

 

With Juvenile Detention Director Allison Hughes appearing, it was moved by Comm. Gruenberg, seconded by Comm. Erickson to authorize the Juvenile Detention Director to pursue the FY 2007 allocations for the Juvenile Accountability Block Grant from the City of Minot and Renville County and grant Ward County’s share to the Ward County Juvenile Detention. Williams County will be the governing agency for this year’s grant.  Roll call: all voted yes; motion carried.

 

IT Coordinator Leonard Tennyson then appeared. Regional Child Support Enforcement Director Larry Van Ness also appeared for comment. Moved by Comm. Lee, seconded by Comm. Fjeldahl to bill the State for the computer usage and technical support services incurred by the Child Support office since July 1; and to have Tennyson report on the number of hours he provides service to the Child Support offices at a future meeting. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Watne to authorize the Chairman’s signature on a construction and maintenance agreement and utility certification letter for project BRC-5153(056) for a bridge replacement four miles south of Sawyer on Oak Creek. Roll call: all voted yes; motion carried.

 

Public Administrator Mark Westereng and Van Grinsven then appeared for comment on the expiration of the public administrator contract on December 15, 2007. After much discussion Comm. Lee requested that Cass and Burleigh Counties be contacted to see how they exited the public administrator program. Chairman Watne requested that Comm. Fjeldahl follow through on this matter.

 

Smestad informed the Board that the First District Health Unit had set a meeting of the County Commissioners and Board of Health members in Counties comprising the First District Health Unit for September 27, 2007 at 9:45 a.m. prior to the Elmer Jesme conference. Chairman Watne informed Smestad that she would attend the Board meeting.

 

Van Grinsven then appeared regarding the payment of the child investigator bill from Hannah Balaban. Smestad informed the Board that she had spoken with Judge Gary Lee, who will ask the other judges to include Ward County’s ability to recover costs in future judgments.

 

Chairman Watne informed the Board that the 1:00 p.m. tour of the County North building had been postponed until a later date.

 

With no further business, it was moved by Comm. Lee to adjourn at 12:03 p.m.

 

ACCEPTED AND APPROVED THIS 2nd DAY OF OCTOBER, 2007

 

s/Darlene Watne, Chair

Ward County Board of Commissioners

 

ATTEST:

 

s/Devra Smestad, Auditor/Treasurer
Ward County