May 6, 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, and Lee present.  Also present were Auditor/Treasurer Devra Smestad; and State's Attorney John Van Grinsven.

 

Comm. Lee requested that discussion on the 10 mill Farm to Market levy be added to the Highway Department agenda. It was then moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the amended agenda. Roll call: all present voted yes; motion carried.

 

It was moved by Comm. Lee, seconded by Comm. Fjeldahl to approve the minutes of the April 15 regular; April 17 special and April 21 special meetings with the addition of the news media being present. Roll call: all present voted yes; motion carried.

 

Smestad then presented the bills. Appearing for comment were Personnel Director Colleen Houmann and Chief Deputy Dave Bosh. It was then moved by Comm. Lee, seconded by Comm. Gruenberg to approve the Social Service bills totaling $14,006.40 and the regular bills totaling $377,412.34. Roll call: all present voted yes; motion carried.

 

Jeff McElwain of Ackerman-Estvold Engineering then appeared. It was moved by Comm. Fjeldahl, seconded by Comm. Lee to: 1) accept the bids for Meadowbrook Estates Paving District No. 1-2007; 2) award the contract to the low bidder of Minot Paving Co., Inc. in the amount of $99,581.55; and 3) authorize the Chairman to sign the Notice of Award, Construction contract and notice to proceed. Roll call: all present voted yes; motion carried.

 

Director of Tax Equalization Don Siebert then appeared. It was moved by Comm. Fjeldahl, seconded by Comm. Lee to approve the following applications for plat approval: 1) with Township Board, Water Resource Board and Planning Commission recommendation – Darin Egge for Egge Addition Section 13-155-84 (Burlington Township); and 2) with Water Resource Board and Planning Commission recommendation – Karla Herzig for Outlot 1 of SE Section 25-156-85 (Foxholm Township.) Roll call: all present voted yes; motion carried.

 

With Siebert still present, it was moved by Comm. Lee, seconded by Comm. Gruenberg to approve the following: 1) applications for abatement and/or corrections of errors of assessments: Marion Himmerick, HA 00.006.102.000, reduce the 2007 true and full value from $42,800 to $7,800 and HA 00.006.103.000, reduce the 2007 true and full value from $6,300 to $600; David Selzler, MI 14.476.030.0041, reduce the 2007 true and full value from $89,600 to $79,600; and 2) applications for 2007 Homestead Credit: Donna Mae Armrein, MI 24.313.040.0030, 100 percent credit; Rosella Wilkerson, MI 13.210.250.0081, 100 percent credit; and Edythe Larson, MI 25.297.000.0062, 80 percent credit. Roll call: all present voted yes; motion carried.

 

Juvenile Detention Director Allison Hughes then appeared. It was moved by Comm. Lee, seconded by Comm. Fjeldahl to accept and approve the 2007 Ward County Juvenile Detention Policies and Procedures. Roll call: all present voted yes; motion carried.

 

Dean Simmons then appeared regarding obtaining a firework display permit for July 4 at the fairgrounds. Mr. Simmons was instructed to fill out the application form and return at a later meeting for approval of his request.

 

Roy Saul then appeared regarding the County-wide burn ban and his business, Roy’s BBQ Shoppe. Also appearing for comment were Minot Rural Fire Chief Rex Weltikol; Minot City Fire Chief CJ Craven; State's Attorney John Van Grinsven; and Dean Simmons. After much discussion it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to adopt the ND Rural Fire Danger Guide; allow Saul to use his cooker and inspect other businesses affected by the burn ban and have them request Commission approval. Roll call: Comms. Gruenberg and Erickson voted yes; Comms. Fjeldahl and Lee voted no; motion tied to be revoted at the next full Board meeting.

 

At 10:03 a.m. past the time set for a public hearing on a variance request at Rice Lake, Chairman Erickson opened the hearing. Appearing were Siebert; property owners Michael Hoff and Mary Keyes; and County Engineer Dana Larsen. With no one appearing against the variance and with no written protest received against the variance, it was moved by Comm. Gruenberg to approve the variance request by Michael Hoff for Lot 8 Tande Addition to Rice Lake and Terry Keyes for Lot 10 Tande Addition to Rice Lake. Motion died for lack of a second.

 

It was then moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the variance request for Terry Keyes for Lot 10 Tande Addition to Rice Lake with the contingency that no vehicles be parked on the right-of-way. Roll call: Comms. Fjeldahl and Gruenberg voted yes; Comms. Lee and Erickson voted no; motion tied to be revoted at the next full Board meeting.

 

It was then moved by Comm. Lee to direct Director of Tax Equalization Don Siebert; County Engineer Dana Larsen and State's Attorney John Van Grinsven to draft a resolution changing the set-back ordinance at Rice Lake to 18 feet from the right-of-way for properties located inside the ring road only. Motion died for lack of a second.

 

After discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to direct Director of Tax Equalization Don Siebert; County Engineer Dana Larsen and State's Attorney John Van Grinsven to draft a resolution changing the set-back ordinance at Rice Lake to 18 feet from the right-of-way for properties located inside the ring road only. Roll call: Comms. Lee, Fjeldahl and Gruenberg voted yes; Comm. Erickson voted no; motion carried.

 

It was then moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the variance request by Michael Hoff for Lot 8 Tande Addition to Rice Lake and Terry Keyes for Lot 10 Tande Addition to Rice Lake. Roll call: Comms. Fjeldahl, Gruenberg and Lee voted yes; Comm. Erickson voted no; motion carried.

 

At 10:39 a.m. Chairman Erickson closed the public hearing.

 

At 10:39 a.m. the Board recessed.

 

At 10:53 a.m. the Board reconvened with Comms. Erickson, Fjeldahl, Gruenberg and Lee present.

 

The Board again discussed the Ward County burn ban. It was moved by Comm. Fjeldahl, seconded by Comm. Erickson to adopt the ND Rural Fire Danger Guide Stage 2 to provide guidelines for Fire officials in Ward County.

 

At 10:54 a.m. Comm. Lee left the meeting.

 

At 10:55 a.m. Comm. Lee returned to the meeting.

 

After Van Grinsven, Weltikol, and Craven appeared the following roll call vote was taken: Comms. Fjeldahl, Erickson and Gruenberg voted yes; Comms. Lee voted no; motion carried.

 

Jail Commander Penny Erickson then appeared. Moved by Comm. Lee, seconded by Comm. Erickson to approve the Jail Commander’s request to make the following purchases with the money to come from the Jail Commissary fund: 1) Digital Video Recorder, at a cost of $5,095.00; 2) a viewing station on the third floor of the jail, at a cost of $790.00; 3) Detex Clock system at a cost of $2,690.00; and 4) a fence to be placed down the middle of the outdoor recreation area at a cost of $2,263.00. Roll call: all present voted yes; motion carried.

 

Smestad then presented items for information and action.

 

With Larsen appearing for comment it was moved by Comm. Lee, seconded by Comm. Gruenberg to receive and file the following correspondence: Souris Basin Planning Council – Basil O’Connell Community Leadership award; ND Water Education Foundation – 2008 summer water tours; Al Reynolds – County North Building; Rath & Mehrer – 2007 audit; First District Health Unit – 2 notices of abatement. Roll call: all present voted yes; motion carried. Comm. Lee requested that Reynolds’ letter be forwarded to the Building space needs agenda item for further discussion.

 

It was moved by Comm. Lee, seconded by Comm. Gruenberg to approve a budget amendment for the Sheriff's Office to increase their training account by $7,593.08 with the funds received from the ND POST Board. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve an Event Permit application from Minot VFW Club Post 753, Inc. for a 25^th Anniversary on May 10, 2008 from 12:00 Noon to 1:00 a.m. serving beer, liquor and wine. Roll call: Comms. Fjeldahl, Gruenberg and Erickson voted yes; Comm. Lee voted no; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl that the following Site Authorization requests be approved: MSU Beaver Boosters for NDSF – The Pub and Flickertail Gardens; Minot Hockey Boosters for FoxDen; ND Association for the Disabled for Bingorama and The Grainhopper; Fraternal Order of Eagles for Nodak Speedway; Minot Junior Golf Association for Hooterville Bar; and the Minot VFW Club Post 753, Inc. for the VFW Club Post 753. Roll call: all present voted yes, except Comm. Lee who voted no; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to appoint Ernest Medalen to a three year term on the Ward County Tuition Appeals committee effective until May 31, 2011. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to set interviews for the applicants of the Minot City Planning Commission and the Ward County Library for May 20^th beginning at 8:00 a.m. Roll call: all present voted yes; motion carried.

 

At 11:24 a.m. Comm. Erickson left the meeting.

 

At 11:25 a.m. Comm. Erickson returned to the meeting.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to appoint Ken Kitzman to the Ward County Park Board for a three year term effective until June 30, 2011. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to table the request of the NE County Commissioners Association for the adoption of a resolution to encourage increased funding of the Highway Funding bill and a resolution to increase State Aid Funding until more information could be obtained. Roll call: all present voted yes; motion carried.

With Van Grinsven appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to: 1) self fund the lowest special assessment paving project; 2) bond the amount of the remaining projects; 3) hire bond consultant; and 4) adopt the following resolution concerning reimbursement bond regulation. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to approve the following recommendations from the Personnel Committee: 1) approve the Library Administrator’s job description; 2) approve 3 Highway Department reclassifications retroactive to March 1 – Brian Walter to Engineer Project Manager; Tim Sandstrom to Engineering & GIS specialist; and Rick Melchert to Highway Superintendent (exempt status); 3) approve advertising the Engineering Construction Technician position and hire up to 1^st quartile; and 4) continue to have Department Head’s monitor employee vacation leave per policy and review it at evaluation time. Roll call: all present voted yes; motion carried.

 

Comm. Lee then requested discussion about the salary study. With Larsen and Houmann appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to advertise for bids for a salary study. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl that the Board hereby approves the action of the County Auditor/Treasurer in making the following sale, and authorizes the issuance of tax deed or contract thereon; Randy & Theresa Fossen for Outlot 4 of NENE less Hwy Section 28-156-86 (Berthold City), BD 00.009.900.0040, for $500.00 cash. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize the Building Superintendent to purchase a Minuteman Ambassador Carpet Extractor in the amount of $2,145.00. Roll call: all present voted yes; motion carried.

 

Moved by Comm. Lee, seconded by Comm. Erickson to Michael Wing – Jail Supervisor – Sheriff’s Office – Level 11 (correction to hourly wage); Rick Melchert – Highway Superintendent – Highway Department – Level 12 to Level 14; Brian Walter – Engineering Project Manager – Highway Department – Level 10 to Level 11; Tim Sandstrom – Engineering & GIS Specialist – Highway Department – Level 10 to Level 11; Larry Pletcher – Asst. Jail Supervisor – Sheriff's Office – Level 9 to Level 10 (temporary); Robert Watchus – Correctional Officer – Sheriff's Office – PT to FT; Shawn Lewellyn – Correctional Officer – Sheriff's Office – PT to FT. Roll call: all present voted yes; motion carried.

 

Larsen then appeared with items for information and action.

 

With Minot City Public Works Director Alan Walter appearing for comment, the Board discussed the 55^th Street overpass. It was moved by Comm. Fjeldahl, seconded by Comm. Lee to authorize Ackerman-Estvold Engineering to: 1) begin the design work and right of way acquisition; and 2) complete the environmental, soil, and utility relocation studies. Roll call: all present voted yes; motion carried.

 

The Board briefly discussed the Highway Department pay rates versus the City of Minot. Larsen was directed to compile salary information obtained from the City of Minot, the NDACo and Job Service and bring the information to the next meeting.

 

Larsen and Smestad then presented information on Oil Impact money and its distribution. They were directed to research the issue regarding township oil impact contributions for the next meeting.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to have the Highway Department make the following repairs to the parking lot north of the courthouse: blade up three inches of the existing aggregate surface into a windrow and relay the material while applying water and Base One chemical. Roll call: all present voted yes; motion carried.

Larsen then presented informational items to the Board.

 

Discussion on the building space needs was then held.

 

With Terry Quinlen of the Ward County Dive Team appearing, it was moved by Comm. Lee, seconded by Comm. Erickson to authorize payment of the balance of 2008 rent to Donny Schmitz for the dive team and to reimburse Quinlen for rent he paid for the month of April 2008. Roll call: all present voted yes; motion carried.

 

At 1:07 p.m. with no further business, it was moved by Comm. Gruenberg, seconded by Comm. Lee to adjourn the meeting.

 

ACCEPTED AND APPROVED THIS 6th DAY OF MAY, 2008.

 

s/Carroll W Erickson, Chairman
Ward County Board of Commissioners

 

ATTEST:

s/Devra Smestad

Ward County Auditor/Treasurer