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December 16, 2008 Regular meeting minutes

The regular meeting of the Ward County Commission was called to order by Chairman Christianson at 9:00 a.m. with Comms. Fjeldahl, Gruenberg, Erickson and Nybakken present.  Also present were Auditor/Treasurer Devra Smestad; County Engineer Dana Larsen; State's Attorney John Van Grinsven and Assistant State's Attorney Roza Larson.
 
Smestad presented additions and corrections to the agenda.
 
Smestad then presented an addition to the minutes of the December 2, 2008 regular meeting. It was moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the minutes of the December 2 meeting, with the addition, and December 10 meeting. Roll call vote: all voted yes; motion carried.
 
Smestad then presented bills. With D. Larsen appearing for comment it was moved by Comm. Erickson, seconded by Comm. Nybakken to approve the Social Welfare bills totaling $276,019.41; Human Services bills totaling $53,324.54 and the regular bills totaling $196,811.62.  Roll call vote: all voted yes; motion carried.
 
D. Larsen then appeared with items for information and action.
 
It was moved by Comm. Erickson, seconded by Comm. Gruenberg to authorize the Chairman’s signature on a proposed surface upgrade on a crossing located on County Road 12 East by Gravel Products, which requires a local fund match of $5,662.90. Roll call vote: all voted yes; motion carried.
 
D. Larsen then presented informational items to the Board.
 
Tom Pearson, Executive Director of the Minot Housing Authority appeared and presented the 2008 annual report.
Gary Kramlich, Watne Realty, appeared to present the Board with an offering memorandum for the Cenex Store and Service Center located at 215 Central Ave E. Also present was Cenex General Manager Art Perdue.
 
ND Atmospheric Board Director Darin Langerud appeared to present the 2008 ND Cloud Modification final report. Also present were Mark Schneider from the NDAB, and Ward County Weather Modification members Hank Bodmer, Pat Murphy and Gail Yuly.
 
Gordon Krueger, Ward County Water Resource Board, appeared to present the Board with an update on the FEMA dikes. Also appearing was Water Resource Board Chairman John Pietsch.
 
Director of Tax Equalization Mike Vendsel then appeared. Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the following: 1) applications for abatement and/or correction of errors of assessments: Dale & Dawn Back, KK 15009.900.004.2, reduce the 2008 true and full value from $411,600 to $340,000; Diane Conyers & Tony Osterberg, NE 26024.000.010.0, reduce the 2008 true and full value from $79,400 to $51,000; Stephen Narum, DG 36005.U01.000.0, increase the 2008 true and full value from $3,800 to $76,800; Gary Berland, MI 25394.070.001.0, increase the 2008 true and full value from $3,000 to $24,400; Owen Brenden, MI 15856.000.003.0, increase the 2007 true and full value from $0 to $5,400 and the 2008 true and full value from $0 to $15,000; Rachel Iverson, MI 22061.060.009.0, increase the 2008 true and full value from $88,200 to $172,200; 2) applications for veteran’s exemption: Joanne McKeon, MI 14007.000.053.0, reduce the 2007 true and full value from $148,000 to $76,000 and the 2008 true and full value from $152,400 to $80,400; and Mark Vickerman, MI 11020.000.002.0, reduce the 2007 true and full value from $138,400 to $54,400 and the 2008 true and full value from $141,000 to $57,000; and 3) the following properties that are now owned by Ward County due to non-payment of taxes and the 2008 true and full value values need to be reduced to zero: MI 21288.253.047.0, $8,800 to $0; MI 13016.000.049.0, $3,000 to $0; MI 20629.020.017.0, $6,200 to $0; DB 14007.010.007.0, $22,400 to $0; DB 14007.020.0073.0, $1,500 to $0; KM 00001.070.002.0, $17,500 to $0; KM 20006.070.004.0, $18,600 to $0; KM 20006.270.012.0, $18,200 to $0; KM 18012.000.009.0, $2,100 to $0; KM 17002.010.000.0, $2,100 to $0; RD 00001.130.006.0, $12,400 to $0. Roll call vote: all voted yes; motion carried.
 
Emergency Manager Al Reynolds then appeared. With Van Grinsven also appearing for comment, it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to authorize the Chairman’s signature on a service contract with Motorola for the County 9-1-1 system, with the funds to come from the 9-1-1 fee budget. Roll call vote: all voted yes; motion carried.
 
With Reynolds still present it was moved by Comm. Erickson, seconded by Comm. Gruenberg to authorize the Emergency Manager to develop a plan, including costs, for a portion of the County North Building to be used for storage of Homeland Security equipment. Roll call vote: all voted yes; motion carried.
 
With R. Larson, Van Grinsven and Personnel Director Colleen Houmann appearing it was moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the two vacant Assistant State's Attorney positions be advertised at $50,000 per personnel policy. Roll call vote: all voted yes; motion carried.
 
Burdick Job Corps Center Director Dave Ellingson then appeared regarding the Attendant Care facility located at the Ward County Library. It was moved by Comm. Erickson, seconded by Comm. Nybakken to allow the Burdick Job Corps Center to update the Attendant Care area at the Ward County Library using grant funds. Roll call vote: all voted yes; motion carried. Comm. Gruenberg suggested that Ellingson contact Building Services Supervisor Overly regarding the needed roof repairs.
 
Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve County Recorder Sheila Dalen’s request that the remaining digitizing dollars ($67,568.54) be held and paid in 2009 once the project has been completed. Roll call vote: all voted yes; motion carried.
 
Discussion was then held on the Public Administrator position. With Van Grinsven, Mark Westereng and Social Services Director Dan Richter appearing it was moved by Comm. Fjeldahl, seconded by Comm. Erickson to: 1) approve the increase from $1,250/month to $2,000/month for the Public Administrator with the additional $9,000 coming out the 2009 Social Services budget; 2) advertise the position at the increased rate with the Presiding judge interviewing and appointing a replacement; 3) have Westereng continue as Public Administrator at the increased level until a replacement is named; and 4) create a committee of two commissioners to work with the Public Administrator on any changes to the position. Roll call vote: all voted yes, except Comm. Gruenberg who voted no; motion carried.
 
At 10:59 a.m. the Board recessed for the Social Service Board meeting.
 
At 11:32 a.m. the Board reconvened with all members present.
 
Smestad then presented items for information and action.
 
With R. Larson, Van Grinsven and District Court Administrator Carolyn Woolf appearing for comment on the correspondence from Woolf to Van Grinsven, it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file the following correspondence: ND DOT – change to County Major Collector System; ND DOT – scour critical structures; Court Administrator Wolff – misdemeanor restitution; DOCR Facility Inspector Engen – adult/juvenile facilities compliance; Emergency Manager Reynolds – grant audits; ND Assn of County Engineers – annual institute. Roll call vote: all voted yes; motion carried.
 
It was then moved by Comm. Fjeldahl, seconded by Comm. Nybakken to authorize R. Larson to request proposals for an audit to be conducted on the trust account of restitution fees. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the monthly reports, including financial report. Roll call vote: all voted yes; motion carried.
 
With Woolf appearing for comment, it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to accept the low bid of Main Electric, in the amount of $1,360.00, with a stipulation stating that the County will hold the bid until notification of funding from the Court Facilities Grant Improvement Committee is received. Roll call vote: all voted yes; motion carried.
 
Sheriff Vern Erck then appeared. It was moved by Comm. Erickson, seconded by Comm. Nybakken to approve a temporary promotion for Scott Erb to Sergeant of the patrol division effective from January 1, 2009 until April 1, 2009. Roll call vote: all voted yes; motion carried.
 
With Erck, Van Grinsven and Houmann appearing, it was moved by Comm. Erickson, seconded by Comm. Fjeldahl to accept the recommendations of: 1) the Personnel Committee that Sheriff Erck continue receiving outpatient counseling and make progress reports to the Commissioners; 2) the State's Attorney that those reports be placed in the confidential section of Erck’s personnel file; and 3) the Sheriff that he be suspended for five days without pay and placed on a two-year probation period with the County. Roll call vote: all voted yes; motion carried.
 
Comm. Erickson suggested that the Personnel Committee discuss R. Larson’s recommendations for a review of the current county drug and alcohol policy.
 
Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve: 1) a raffle permit application from the Souris River Basin Longbeards for January 17, 2009 with prizes totaling $915.00 and for May 9, 2009 with prizes totaling $1,240.00 with both events taking place at the Foxden Bar in Foxholm; and 2) the following applications for liquor license for 2009:
 
Applicant                                   Type of License                                           Sundays
FoxDen                                     Liquor, beer & wine – on & off sale                 no
Grain Hopper                           Liquor, beer & wine – on & off sale                 yes
Kenmare Country Club           Beer & wine – on & off sale                              yes
M&S Concessions                  Liquor, beer & wine – on & off sale                 no 
Minot Country Club                  Liquor, beer & wine – on & off sale                 yes
Minot VFW Post 753               Liquor, beer & wine – on & off sale                 no
Judy Rice                                  Liquor, beer & wine – on & off sale                 yes
Laddie, Inc. dba Speedway    Liquor, beer & wine – on & off sale                 no
Superpumper, Inc                     Liquor, beer & wine – off sale                          yes
Wildwood Country Club            Liquor, beer & wine – on & off sale                yes
 
Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Fjeldahl, seconded by Comm. Nybakken that the Board hereby approves the action of the County Auditor/Treasurer in making the following sale at the tax foreclosure auction, and authorizes the issuance of tax deeds or contracts thereon;

Name of Purchaser                          Description                                Price and Terms
Dakota Frontier Valley LLC               N 75’ of L1 B25                          $3,704.50 cash
KM 18007.250.001.1                        Tolleys 1st Addn, Kenmare
 
Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve a budget amendment for the Park Board in the amount of $14,317.12 to update the electrical system at Old Settler’s Park with a new transformer. The money became available through grants totaling $5,940; dock sale of $250 and cash on hand of $8,127.12. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Gruenberg, seconded by Comm. Erickson to authorize the Chairman to sign any resolution or other documentation which may be necessary to approve the change in signature cards on file with all of the banks that Ward County does business. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to pre-approve and authorize the Auditor/Treasurer to pay the year-end bills. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the following year end transfers: Emerson Building (428, rent) to General (001-0000-390-3030) - $15,000; Road Operations (150-7400-430-8053) to General (001-0000-390-3060) - $40,000; Gambling (440) to General (001-0000-390-3040) - $10,000; Rice Lake Paving District (454) to Spec. Assess. District Finance (422) - $157.54; and Farm to Market Program to Road Operations - $255,693.34. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the recommendation of the Auditor/Treasurer and accept the bid from Midwest Business Systems for a Lanier copier. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Christianson to accept and approve the following 2009 Commissioner Committee appointments: All Seasons Arena: Jerome Gruenberg and John Fjeldahl; Area Development Corporations: Berthold – Fjeldahl, Nybakken (alt); DeSour – Gruenberg, Fjeldahl (alt); Minot – Christianson; Nybakken (alt); Kenmare – Erickson, Christianson (alt); Makoti – Nybakken, Gruenberg (alt); and Carpio – Gruenberg, Erickson (alt); Chamber of Commerce – Nybakken, Erickson (alt); City/County Liaison Committee: Christianson, Nybakken and Fjeldahl (alt); General Supervisory Committees: Building & Grounds – Nybakken, Fjeldahl, Christianson (alt): Emergency Resources Steering Committee – Christianson; Employee Relations – Erickson; Personnel – Erickson, Nybakken, Fjeldahl (alt); and Highway Committee – Christianson, Gruenberg, Nybakken (alt); Social Service Board – Nybakken; Souris Basin Planning Council – Gruenberg, Fjeldahl (alt); Library Board – Erickson; Planning Commission – Nybakken and Erickson; and District Court Renovation Committee – Erickson and Gruenberg (alt.) Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Gruenberg to re-appoint Richard Sabol to a one-year term on the All Seasons Arena board. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Gruenberg, seconded by Comm. Nybakken to re-appoint Robert Wetzler and Carroll W Erickson to a five-year term on the First District Health Unit board. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Gruenberg, seconded by Comm. Erickson to re-appoint Lenore Scheresky and Molla B Romine to a two-year term on the North Central Human Service Advisory Committee. Roll call vote: all voted yes; motion carried.
 
Moved by Comm. Gruenberg, seconded by Comm. Nybakken to appoint Molla B Romine to a three-year term on the Ward County Social Service Board. Roll call vote: all voted yes, except Comm. Fjeldahl who voted no; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Fjeldahl to reappoint Jerome Behm and Arvid Carlson to a four-year term on the Ward County Weed Control Board. Roll call vote: all voted yes; motion carried.
 
It was moved by Comm. Erickson, seconded by Comm. Nybakken to reappoint Gordon Krueger to a three-year term on the Ward County Water Resource Board. Roll call vote: all voted yes, except Comm. Fjeldahl who voted no; motion carried. Jim Lee then appeared to comment on the previous Board’s policy of interviewing candidates for the various boards prior to appointment.
Smestad informed the Board that a District Judge had told her that previous board policies did not bind a new board to the same policies and suggested she ask if the same policies would be followed.  The topic will be placed on the agenda for the January 6 meeting.
 
Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following applications for payroll amendment: Veronica Frisco – Administrative Assistant I – Social Services – Level 6 (new hire); Laurie Schachtschneider – Jail Supervisor – Sheriff’s Office – Level 10 to 11 (temporary); Kimberly Dupay – Social Worker III – Social Services – Level 9 to 11; Mindy Kay Weisse – Administrative Assistant I – Social Services – Level 6 (new hire); Scott Erb – Sergeant – Sheriff’s Office – Level 12 to 13 (temporary.) Roll call vote: all voted yes; motion carried.
 
At 12:36 p.m. with no further business it was moved by Comm. Erickson, seconded by Comm. Nybakken to adjourn. Motion carried.
 
ACCEPTED AND APPROVED THIS 2nd DAY OF JANUARY, 2009.
 
s/ Bruce I Christianson, Chairman
Ward County Board of Commissioners
 
ATTEST:
s/ Devra Smestad, Auditor/Treasurer
Ward County
WARD COUNTY · 315 3RD STREET SE · MINOT, NORTH DAKOTA 58701
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