August 5, 2008 Regular meeting minutes

The regular meeting of the Ward County Commission was called to order by Chairman Erickson at 9:00 a.m. with Comms. Fjeldahl, Gruenberg, Watne, and Lee present.  Also present were Auditor/Treasurer Devra Smestad; State's Attorney John Van Grinsven; and County Engineer Dana Larsen.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to approve additions to the agenda. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne to approve the minutes of the July 15 regular and July 22 special meeting minutes. Roll call: all voted yes; motion carried.

 

Smestad then presented the bills. With Sheriff Vern Erck appearing for comment it was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the Social Service bills totaling $15,979.33 and the regular bills #372,386.83. Roll call: all voted yes; motion carried.

 

Ed Schall then appeared regarding a mailed tax payment which the Auditor/Treasurer’s Office never received or credited. It was moved by Comm. Lee, seconded by Comm. Fjeldahl to remove the penalty and interest accrued on his property tax for 2007. Roll call: all voted yes; motion carried.

 

Bruce Bibow, Rasmuson Appraisal Consultants, then appeared to give the Board an update on the Minot Daily News property appraisal. Bibow was requested to have the appraisal completed by August 14 to be included on the August 19 meeting agenda.

 

Don Davison, Davison Larson Architects, then appeared regarding his assessment of the Minot Daily News property.  It was moved by Comm. Lee, seconded by Comm. Watne to authorize Davison to further investigate the ability of the building to support a third floor, including the hiring of a structural engineer if needed. Roll call: all voted yes; motion carried.

 

It was then moved by Comm. Lee, seconded by Comm. Watne to authorize Davison to test for asbestos at the Minot Daily News. Roll call: all voted yes; motion carried.

 

Emergency Manager Al Reynolds then appeared. It was moved by Comm. Watne, seconded by Comm. Lee to approve a resolution appointing a National Incident Management Coordinator. Roll call: all voted yes; motion carried.

 

At 9:30 a.m. the time set for a public hearing on the Meadowbrook Estates Paving District, Chairman Erickson opened the hearing. Larsen appeared briefly with a request from the contractor for a deadline extension for the Robinwood Estates Paving Project. Board consensus was that this request would not affect any of the special assessments and should be dealt with separately.  With no one appearing either for or against the project, it was moved by Comm. Watne, seconded by Comm. Erickson to approve the recommendation of the Special Assessment Committee and certify the special assessments for Meadowbrook Estates Paving District. Roll call: all voted yes; motion carried. At 9:33 a.m. it was moved by Comm. Gruenberg and seconded by Comm. Lee to close the public hearing. Roll call: all voted yes; motion carried.

 

Director of Tax Equalization Don Siebert then appeared regarding the Minot River of Life Assembly of God, Inc. abatement request. It was moved by Comm. Watne, seconded by Comm. Lee to approve the recommendation of the Minot City Assessor to reduce the 2008 true and full value from $2,344,800 to $1,136,000. Roll call: all voted yes; motion carried.

 

Herb Haider then appeared regarding a building permit within the floodway. Siebert appeared to inform the Board that according to zoning regulations, Mr. Haider must have a registered engineer’s report indicating the building would not hamper downstream water movement during a flood. It was moved by Comm. Lee, seconded by Comm. Fjeldahl to request the Water Resource Board Engineer to put into writing his verbal recommendation allowing the permit. Roll call: all voted yes; motion carried.

 

Siebert then introduced Mike Vendsel, the new Director of Tax Equalization.

 

With Siebert present it was moved by Comm. Lee, seconded by Comm. Fjeldahl to: 1) approve an amendment to Zoning Resolution No. 2 revising set-backs at Rice Lake; and 2) to approve the following plat applications as recommended by the respective Township Boards, the Water Resource Board and the Planning Commission: preliminary plat for Brenda Larson for Dakota Ridge Estates 2^nd Addition, 153-81; George Gathman for Outlots 11 & 12 of SWSE, 12-155-85; Ralph & Janice Melin for Outlot 1 of NE, 23-161-88; Miles Parizek for Outlots 4 & 5 of SESE, 13-157-81; Rosebrier, Inc. for Outlot 5 a portion of Lot H of Outlot 2, 33-156-84; Scott Brobst for Outlot 44 of Outlot 3 of W2NE, 4-154-82; Mark Welsch for Outlot 5 of a portion Outlot 2, 8-154-81; and Jared Lochthowe for Des Lacs Valley Subdivision Sections 28 & 33-156-84. Roll call: all voted yes; motion carried.

Appearing for comment on the request from Kirkelie Township for a variance on the requirement that subdivision roads be designed and certified by a registered engineer were Siebert, Larsen and Wayne Tuttle who was representing Jared Lochthowe. After much discussion Comm. Lee requested that discussion be suspended to hold the 10:00 a.m. public hearing.

 

At 10:17 a.m., past the time set for a public hearing on the Apple Grove Additions 38^th St SE Paving District, Chairman Erickson opened the hearing. With no one appearing either for or against the project, it was moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the recommendation of the Special Assessment Committee and certify the special assessments for Apple Grove Additions 38^th St SE Paving District. Roll call: all voted yes; motion carried. At 10:18 a.m. it was moved by Comm. Lee, seconded by Comm. Watne to close the public hearing. Roll call: all voted yes; motion carried.

 

Discussion on the Kirkelie Township variance request then continued. It was moved by Comm. Lee, seconded by Comm. Watne to table the matter until August 19 to allow Tuttle time to obtain documentation from a registered engineer stating that they would inspect the construction of the road without an engineer’s design plan. Roll call: all voted yes; motion carried.

 

At 10:31 a.m., past the time set for a public hearing on the Robinwood Estates Paving District, Chairman Erickson opened the hearing. Larsen again appeared for comment regarding the contractor’s request for an extension on the August 1^st completion date. Comm. Watne noted that if the extension did not affect the assessment it should be discussed later in the meeting. With no one appearing either for or against the project it was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the recommendation of the Special Assessment Committee and certify the special assessments for Robinwood Estates Paving District. Roll call: all voted yes; motion carried. At 10:39 a.m. the hearing was closed.

 

With Siebert present it was moved by Comm. Watne, seconded by Comm. Fjeldahl to approve: eight requests for exemption and/or corrections of errors of assessments; one application for 3 year improvement exemption; two applications for two-year new construction exemption; five applications for Disabled Veterans exemption; and three applications for 2008 mobile home. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to approve a fireworks display permit from Dean Simmons for the Nodak Race Club on August 17, 2008 at the North Dakota State Fairgrounds. Roll call: all voted yes; motion carried.

 

Smestad then presented items for information and action.

 

With Van Grinsven appearing for comment, it was moved by Comm. Watne, seconded by Comm. Fjeldahl to receive and file correspondence from: City of Minot; ND Oil & Gas Division; Lisa Clute; NDEMA; EAP; James Sailer; ND Dept of Health; ND DES; Schindler Elevator Corporation. Roll call: all voted yes; motion carried.

 

At 10:53 a.m. past the time set for a public hearing on the West Hills Acres Paving District, Chairman Erickson opened the hearing. With no one appearing for or against the project it was moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the recommendation of the Special Assessment Committee and certify the special assessments for West Hills Acres Paving District. Roll call: all voted yes; motion carried. At 10:54 a.m. the hearing was closed.

 

At 10:54 a.m. the Board recessed.

 

At 11:03 a.m. the Board reconvened with all members present.

 

It was moved by Comm. Lee, seconded by Comm. Watne to approve a budget amendment for the Sheriff's Office; and approve the six requests for duplicate warrants in replacement of checks assumed lost or mutilated; and raffle permit applications from St. Mary’s Church and Minot Y’s Men Indoor Rodeo. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne to approve an application for a special event permit from the Minot VFW Club. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Watne that the Board hereby approves the action of the County Auditor/Treasurer in making the following sales, and authorizes the issuance of tax deeds or contracts thereon: Mark Pakula for Crows Plat Lot 12 Block 5, Donnybrook City. Roll call: all voted yes; motion carried.

 

With Reynolds appearing it was moved by Comm. Watne, seconded by Comm. Lee to authorize the Chairman’s signature on a FY 2007 Public Safety Interoperable Communications Grant, in the amount of $818,874.00. Roll call: all voted yes; motion carried.

 

Moved by Comm. Watne, seconded by Comm. Lee to suspend with interviews as there were only two applicants and appoint Kenneth Gillespie and Kandi Mikkelson to the two open positions on the North Dakota State Fair Association each for a one year term. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Watne to suspend with interviews as there was only one applicant and appoint Don Siebert to the unexpired term on the Ward County Planning Commission effective immediately through April 1, 2010. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Watne to advertise the unexpired term on the First District Board of Health per the requirements. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Watne to authorize the Building Supervisor to accept the low bid from Tollefson’s Contract Division, in the amount of $6,635 for new floor tile and base cove, which includes materials and labor, at the Ward County Jail. Roll call: all voted yes; motion carried.

 

With IT Coordinator Leonard Tennyson and Recorder Sheila Dalen appearing, discussion was held on having a full time IT contract through the NDACo. It was moved by Comm. Watne, seconded by Comm. Erickson to set the IT contract at a full time level for 2009. Roll call: Comms. Watne, Erickson and Gruenberg voted yes; Comms. Fjeldahl and Lee voted no; motion carried.

 

With Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to allow a five percent increase in the 2009 Mental Health Contract. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Gruenberg to set the 2009 budget department hearings for August 18-21. Roll call: all voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to set the polling hours for the November 4 General Election at 7:00 a.m. to 7:00 p.m. Roll call: all voted yes; motion carried.

 

Moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the following payroll amendments: Gloria Glasgow –Social Services; Michael Vendsel – Tax Equalization; Robbie Reiner – Highway Department; Justin Beahm – Social Services; Collette Scharpe – Auditor/Treasurer; Katie Rodman – Auditor/Treasurer; Heather Polsfut – Jail. Roll call: all voted yes; motion carried.

 

With Van Grinsven appearing for comment, Comm. Lee requested that a discussion be held at the next regular meeting on whether to place measures on the November ballot regarding the continuation of “other county levies” as well as increasing the Farm to Market mill levy.

 

Moved by Comm. Gruenberg, seconded by Comm. Lee to request Schindler Elevator Corporation review the jail elevator and invite them to appear at the next available Commissioner meeting with their recommendations. Roll call: all voted yes; motion carried.

 

Larsen then appeared with items for information and action.

 

Chad Biggs, with the ND DOT – Minot, appeared to request the use of County Road 22 as a haul road. It was moved by Comm. Lee, seconded by Comm. Gruenberg to authorize the ND Department of Transportation to use County Road 22 with the ND DOT putting in advanced warning signs; being responsible for maintenance during the haul and have the County Engineer inspect the road prior to and after the hauling for any damages. Roll call: all voted yes; motion carried.

 

With Van Grinsven appearing it was moved by Comm. Lee, seconded by Comm. Watne to grant a one week extension to Keller Paving on the August 1 completion date for paving in the Robinwood Estates Paving District. Roll call: all voted yes; motion carried.

 

Larsen then presented a request for vacation of 54^th Street SE as forwarded by the Minot City Planning Commission. With Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Watne to deny the request due to development in that area. Roll call: all voted yes, except Comm. Fjeldahl who voted no; motion carried.

 

Larsen then presented items for information.

 

Moved by Comm. Watne, seconded by Comm. Gruenberg to receive and file the Notice of Entry of Judgment in the David Gowan v. Ward County Commission court case. Roll call: all voted yes; motion carried.

 

With no further business it was moved by Comm. Watne, seconded by Comm. Gruenberg to adjourn. Roll call: all voted yes; motion carried and meeting was adjourned at 12:30 p.m.

 

ACCEPTED AND APPROVED THIS 5th DAY OF AUGUST, 2008.

 

s/ Carroll W Erickson, Chairman

Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad, Auditor/Treasurer

Ward County