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June 17, 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.
 
It was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the 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 June 3 regular and Board of Equalization minutes. Roll call: all voted yes; motion carried.
 
Smestad then presented the bills. With Jail Commander Penny Erickson appearing for comment, it was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the Social Welfare bills totaling $293,438.43; the Human Service bills totaling $53,684.75; and the regular bills totaling $143,592.39. Roll call: all voted yes; motion carried.
 
Nicholas Hinchley, MLT Inc., then appeared regarding a mailed tax payment which the Auditor/Treasurer’s Office never received or credited. It was moved by Comm. Watne, seconded by Comm. Fjeldahl to give MLT, Inc. the five percent discount and remove any penalty and interest accrued on their property for 2007. Roll call: all voted yes; motion carried.
 
Morgan Simonson, Minot, 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 give Simonson the five percent discount and remove any penalty and interest accrued on his property for 2007. Roll call: all voted yes; motion carried.
 
Robert Tellefson, Makoti, 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. Watne to give Tellefson the five percent discount and remove any penalty and interest accrued on his property for 2007 as long as payment is received, in full, within three days. Roll call: all voted yes; motion carried.
 
Steve Blasing, Minot, then appeared regarding a mailed tax payment which the Auditor/Treasurer’s Office never received or credited. It was moved by Comm. Fjeldahl, seconded by Comm. Watne to give Blasing the five percent discount and remove any penalty and interest accrued on his property for 2007. Roll call: all voted yes; motion carried.
 
Patricia Hight, Minot, mailed a letter 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 give Hight the five percent discount and remove any penalty and interest accrued on her property for 2007. Roll call: all voted yes; motion carried. 
 
After further discussion it was moved by Comm. Gruenberg, seconded by Comm. Watne to rescind the preceding motion to allow for more information and clarification. Roll call: all voted yes; motion carried.
 
Diane Slickers, Minot, 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. Gruenberg to give Slickers the five percent discount and remove any penalty and interest accrued on her property for 2007. Roll call: all voted yes; motion carried.
 
Lowell D Christianson, Minot, 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. Watne to give Christianson the five percent discount and remove any penalty and interest accrued on his property for 2007. Roll call: all voted yes; motion carried.
 
At 9:30 a.m. the time set for a public hearing, Chairman Erickson opened a hearing on a five year tax exemption request for Stein Construction. With Director of Tax Equalization Don Siebert appearing for comment, and no others appearing either for or against the exemption; it was moved by Comm. Watne, seconded by Comm. Gruenberg to deny the application due to the construction having been started prior to applying for the exemption as stated in NDCC 40-57.1-07. After discussion Comm. Gruenberg called for the question. Motion to call the question died for lack of a second.  Minot City Finance Director Cindy Hemphill then appeared for discussion, after which a roll call vote on the original motion was taken: all voted yes, except Comm. Fjeldahl who voted no; motion carried. At 9:42 a.m. the public hearing was closed.
 
Comm. Lee then requested discussion of the Gowan lawsuit, which was not on the agenda. With Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to suspend the rules and allow for discussion of the lawsuit. Roll call: Comms. Lee and Fjeldahl voted yes; Comms. Gruenberg, Watne and Erickson voted no; motion failed. It was then moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to discuss the Gowan lawsuit at the July 1 meeting. Roll call: all voted yes; motion carried.
 
Emergency Manager Al Reynolds then appeared regarding a contract for GIS services. Also appearing for comment were Chief Deputy Dave Bosh and Larsen. It was then moved by Comm. Watne, seconded by Comm. Lee to approve the $15,000 contract with Bullberry Systems for the GIS system with $11,000 coming from 2006 Homeland Security funds and the remainder $4,000 coming from the 911 fee funds set aside for the remodeling of Central Dispatch. Roll call: all voted yes; motion carried.
 
At 10:00 a.m. the Board recessed for the Board of Equalization meeting.
 
At 10:29 a.m. the Board reconvened with all members present.
 
At 10:29 a.m. the Board recessed for the Social Service Board meeting.
 
At 11:05 a.m. the Board reconvened with all members present.
 
Smestad presented the Board with more information regarding Patricia Hight’s request for reinstating the five percent discount, with removal of penalty and interest on her 2007 property taxes. It was then moved by Comm. Lee, seconded by Comm. Watne to give Hight the five percent discount and remove any penalty and interest accrued on her property for 2007. Roll call: all voted yes; motion carried. 
 
Judy and Alfred Walter, Minot, then appeared regarding a mailed tax payment which the Auditor/Treasurer’s Office never received or credited. The Walter’s were requested to provide the Board with more information regarding their tax payment for review at the next regular meeting.
 
Smestad then presented the Board with items for information and action.
 
Moved by Comm. Lee, seconded by Comm. Watne to receive and file: 1) the following correspondence: ND PSC – Enbridge Pipelines; Judge McLees – use of vault by Recorder Recorder Sheila Dalen – response to District Court; City of Minot – annexation; PSC – cancellation of hearing; Garrison Diversion Conservancy District – joint meeting notice; City of Makoti – railroad crossing at CR 9; Minot Planning Commission – meeting for 6-23-08; US Department of Interior – exploratory oil and gas wells on the Fort Berthold Reservation; and 2) the monthly reports, including financial reports. Roll call: all voted yes; motion carried.
 
Moved by Comm. Lee, 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;
 
Name of Purchaser                                Description                                          Price and Terms
 
Alden & Julie Schweitzer                       Niederriters Plat Lots 5 & 6               $700.00 – cash
KM 00.000.537.0060                             Block 37, Kenmare City
 
Terri Holmes                                         Tolleys Plat Lot 7 & N2 Lot 8               $500.00 – cash
KM 00.000.623.0070                             Block 23, Kenmare City
 
Ralph W Brown                                     Original Berthold Lots 17 & 18           $250.00 – cash
BD 00.000.103.0180                              Block 3, Berthold City
 
Roll call: all voted yes; motion carried.
 
Moved by Comm. Lee, seconded by Comm. Watne to approve a raffle permit for Ward County Historical Society for a raffle on September 1, 2008, with prizes totaling $100.00. Roll call: all voted yes; motion carried.
 
Moved by Comm. Gruenberg, seconded by Comm. Watne to approve 1) a Sunday Event Alcoholic Beverage Permit for M&S Concessions for July 20, 2008 from Noon to 8:00 p.m. for on-sale only of beer, wine and liquor at Viggy’s and Coco's Restaurants; and 2) the following event permits: wedding receptions on June 20 and 28 from 5:00 p.m. to 1:00 a.m. serving mixed drinks and beer at the Flickertail Gardens; NDSF Concerts on July 18-26 from 6:00 to 10:00 p.m. serving beer and wine coolers at the NDSF concert area; NDSF from July 18-19, 21-26 from 10:00 a.m. to 1:00 a.m. serving beer and wine coolers in the NDSF Pub Area and NDSF Flickertail Garden/Picnic area; NDSF on July 20  from 12:00 p.m. to 1:00 a.m. serving beer and wine coolers in the NDSF Pub Area and NDSF Flickertail Garden/Picnic area; NDSF Rodeo/Arena Events from July 18-19, 21-26 from 10:00 a.m. to 1:00 a.m., and July 20 from 12:00 p.m. to 1:00 a.m. serving beer and wine coolers in the NDSF Arena 1. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
 
With Personnel Director Colleen Houmann appearing, it was moved by Comm. Lee, seconded by Comm. Watne to approve the following applications for payroll amendment: Michael Aftem – Seasonal Surveyor I – Highway Department – Level 5-1 (new hire); Michael Erb – Correctional Officer – Sheriff's Office – Level 9 (new hire); Brian DeMars – Seasonal Weed Control Sprayer – Weed Control – Level 7 (new hire); Matthew Babcock – Seasonal Surveyor I – Highway Department – Level 5 (new hire); Julie Burkhart – Library Administrator – Library – Level 11 (new hire.) Roll call: all voted yes; motion carried.
 
Discussion was then held on budget input and Department Head and Personnel Committee recommendations. With Larsen, Houmann and Highway Road Superintendent Rick Melchert appearing it was moved by Comm. Watne, seconded by Comm. Gruenberg to set the Road Superintendent’s position at $23.41/hour, and make him eligible for a 2009 performance increase, but not a 2009 cost of living adjustment. It was then moved by Comm. Lee, seconded by Comm. Watne to table the motion until further discussion on cost of living adjustments had been held. Roll call to table: all voted yes; motion carried.
 
Discussion was then held on a 2009 cost of living adjustment. Appearing for comment were Social Services Director Dan Richter; Reynolds; Houmann; Larsen; Van Grinsven and Bosh.
 
The Board recessed at 12:24 p.m.
 
 
At 1:33 p.m. the Board reconvened with Comms. Erickson; Fjeldahl; Watne and Lee present.
 
Discussion on a 2009 cost of living adjustment continued with Richter and Bosh reappearing. It was moved by Comm. Watne, seconded by Comm. Erickson to have the Department Heads budget an eight percent cost of living adjustment for 2009 per their recommendation. Roll call: Comms. Watne and Erickson voted yes, Comms. Fjeldahl and Lee voted no; motion tied to be revoted at the next full Board meeting.
 
At 2:03 p.m. Comm. Fjeldahl left the meeting.
 
It was moved by Comm. Lee, seconded by Comm. Watne to leave the 2009 Commissioner’s salaries at the same level as 2008. Roll call: all present voted yes; motion carried.
 
At 2:05 p.m. Comm. Fjeldahl rejoined the meeting.
 
With Richter and Houmann appearing for comment it was moved by Comm. Fjeldahl, seconded by Comm. Erickson to leave the percentage of health insurance coverage the same as 2008, figuring in a 22 percent increase. Roll call was delayed to obtain more information.
 
Moved by Comm. Lee, seconded by Comm. Watne to budget $50,000 for the ND Insurance Reserve Fund conferment of benefits. Roll call: all present voted yes; motion carried.
 
Moved by Comm. Lee, seconded by Comm. Fjeldahl to budget $450,000 for building improvements. Roll call: Comms. Lee, Fjeldahl and Watne voted yes, Comm. Erickson voted no; motion carried.
 
Moved by Comm. Lee, seconded by Comm. Fjeldahl to budget $25,000 for Commissioner Contingency fund. Roll call: all voted yes; motion carried.
 
Discussion was then held on where to put capital improvements in the budget. Smestad was directed to continue to budget them as has been done in the past.
 
With Richter and Larsen appearing for comment it was moved by Comm. Watne, seconded by Comm. Erickson to budget for a full time IT contract. Roll call: Comms. Watne, Erickson and Fjeldahl voted yes, Comm. Lee voted no; motion carried.
 
At 2:48 p.m. Comm. Watne left the meeting.
 
Houmann then appeared with more information on the increase to the health insurance. Roll call was then taken on motion to budget health insurance with a 22 percent increase: all present voted yes; motion carried.
 
It was then moved by Comm. Fjeldahl, seconded by Comm. Lee to remove the following motion from the table: “moved by Comm. Watne, seconded by Comm. Gruenberg to set the Road Superintendent’s position at $23.41/hour, and make him eligible for a 2009 performance increase, but not a 2009 cost of living adjustment.” Roll call to take the motion off the table: all present voted yes; motion carried. Roll call on the original motion: all present voted no; motion failed. With Houmann and Larsen appearing it was then moved by Comm. Fjeldahl, seconded by Comm. Erickson to set the Road Superintendent’s salary at $23.00 per hour retroactive to June 1, 2008. Roll call: all present voted yes; motion carried.
 
With Larsen present it was moved by Comm. Lee, seconded by Comm. Fjeldahl to request the State's Attorney research the possibility of putting a question on the November 2008 ballot to increase the Farm to Market mill levy, and if passed, to levy the extra amount on the 2008 property taxes. Roll call: Comms. Lee and Fjeldahl voted yes, Comm. Erickson voted no; motion carried.
 
Brief discussion was held on budgeting for a salary study, with Board consensus was that it was not needed.
 
Larsen then appeared with items for information and action.
 
Moved by Comm. Lee, seconded by Comm. Fjeldahl to approve the revised 5 year Farm to Market plan and authorize the Engineer to proceed with construction. Roll call: all present voted yes; motion carried.
 
Moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize the Chairman’s signature on the 2008 County Township Road Mileage certifications. Roll call: all present voted yes; motion carried.
 
Moved by Comm. Lee, seconded by Comm. Fjeldahl to approve a budget amendment for account 4051 in the amount of $15,161.75; account 7002 in the amount of $21,939.04; account 8050 in the amount of $99,423.74; and account 8052 in the amount of $159,148.60 from the 2007 carry over and sale of loader and insurance reimbursements in 2008. Roll call: all present voted yes; motion carried.
 
Larsen then presented informational items to the Board.
 
Smestad informed the Board of the upcoming Elmer Jesme conference on June 30 and asked the Board to let her know who would be attending.
 
Smestad then informed the Board that Director of Tax Equalization Don Siebert had submitted a letter of retirement to her and requested having at least one commissioner present on the interview committee. It was moved by Comm. Lee, seconded by Comm. Fjeldahl to advertise for the position with two commissioners sitting on the interview committee. Roll call: all present voted yes; motion carried.
 
At 3:35 p.m. with no further business, it was moved by Comm. Lee, seconded by Comm. Fjeldahl to adjourn.
 
ACCEPTED AND APPROVED THIS 1st DAY OF JULY, 2008
 
s/ Carroll W Erickson, 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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