April 7, 2009 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, Erickson and Nybakken present.  Also present were Auditor/Treasurer Devra Smestad; Engineer Dana Larsen and Assistant State's Attorney Tim Wilhelm.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the amended agenda. Roll call vote: all present voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the minutes of the March 17, 2009 regular minutes. Roll call vote: all present voted yes; motion carried.

 

Engineer Dana Larsen, Road Superintendent Rick Melchert and Bonnie Greenleaf with the US Army Corps of Engineers then appeared regarding flooding in Ward County. It was moved by Comm. Erickson, seconded by Comm. Nybakken to ratify the following Flood Emergency Declaration:

 

WHEREAS, Ward County has had a very high soil moisture content from precipitation received in 2008 and 2009;

 

WHEREAS, potential for severe spring flooding is significant due to spring thaw and accompanying expected precipitation;

 

WHEREAS, the impact of the thaw, runoff and precipitation threatens the health, well-being and public safety of the citizens of Ward County;

 

WHEREAS, necessary mitigation measures, preparedness actions, and other measures must be taken immediately to protect public health and safety; and

 

WHEREAS, the potential damage to public and private property in addition to roads is beyond budgeted funds;

 

NOW, THEREFORE, BE IT RESOLVED, that I, Bruce I Christianson, Chairman of the Ward County Board of Commissioners, by the authority vested in me, do hereby declare a FLOOD EMERGENCY exists in Ward County, North Dakota, and order the activation and utilization of the County Emergency Operations Plan, its procedures, attachments and appendices, to monitor the situation, alleviate hardship, and initiate appropriate relief action and mitigation measures by departments and agencies of local government to limit the impact of this emergency upon the citizens of Ward County.

Roll call vote: all present voted yes; motion carried.

 

D. Larsen requested postponing the annual Farm to Market meeting from April until June 10 at 3:00 p.m.

 

Emergency Manager Al Reynolds appeared regarding a FEMA disaster declaration and a mutual aid agreement with Minot Air Force Base. It was moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the Chairman’s signature on the mutual aid agreement with the Minot Air Force Base:

 

WHEREAS, the units of Minot Air Force Base and Ward County, ND anticipate a demand for mutual aid and cooperation in the use of their public safety, primary, and supporting disaster personnel and equipment during times of emergency;

 

NOW, THEREFORE, Minot Air Force Base hereby agrees that its personnel will render mutual aid to Ward County and Ward County hereby agrees that its personnel will render mutual aid to Minot Air Force Base in an emergency situation under the following conditions:

 

1.       The public safety official or other approved designee of an assisting unit shall have the authority in an emergency to determine whether personnel and/or equipment shall be sent beyond the area of responsibility of the assisting unit. It is the intention of this agreement to vest in each party the sole right to determine when its needs will permit it to respond to a call by the other unit. It is further agreed that any unit failing to respond shall not be liable for damage to the requesting unit.

 

2.       The Incident Command System must be used. All qualifications and certifications of responding individuals shall be recognized. The Incident Commander may request mutual aid by an expeditious means and is responsible for all resources assigned to or responding to an incident. The individual in charge of an assisting unit shall notify the Incident Commander upon arrival and shall retain the ability to withdraw personnel or resources upon notification to the Incident Commander. An assisting unit withdrawing from an emergency response operation is not liable for damage to the requesting unit.

 

3.       With the exception of volunteers, each unit entering into this agreement shall continue to provide the same salaries and benefits to their employees who are assigned to render assistance to another unit in performance of this agreement as that employee would receive if on-duty within their area of responsibility.  If emergency grant funds or other assistance becomes available to the requesting unit, the requesting unit shall reimburse any assisting units, whether paid or volunteer within their own area of responsibility, on an equitable basis at rates consistent with the policies of the agencies or entities providing emergency grant funds or other reimbursement assistance, for costs incurred by the assisting units for salaries and benefits. Costs of repairs and maintenance of equipment shared, used or expended while rendering assistant under this agreement will be borne by the unit owning the equipment unless emergency grant funds or other assistance become available. Personnel of an assisting unit who sustain injury or death in the course of their employment are entitled to all applicable benefits normally available to personnel while performing their duties with their respective units.

 

4.       Unless exercised as later described in this paragraph, this agreement covers preparation for, response to, and recovery from a potential flood event in Ward County in Spring 2009. Either party to this agreement may at any time withdraw from further participation in the agreement by giving 30 days prior written notice of termination to the other party. The agreement is independent of any written agreements with other units. Terms in this agreement are defined as provided in Chapter 37-17.2 of the North Dakota Century Code.

 

Roll call vote: all present voted yes; motion carried.

 

It was moved by Comm. Fjeldahl, seconded by Comm. Erickson to accept bids for supplies: paint/glass beads – Ennis Paint; culverts – Johnston Fargo Culvert and Cretex Concrete Products; paving materials – Minot Paving; cutting edges – Butler Machinery; equipment rental – Minot Paving, Gravel Products, Sundre Sand & Gravel, Dig It Up Backhoe, Donn Brown Construction, Excavating Inc, and Kemper Construction; equipment rental – no operator – RDO Equipment, Butler Machinery, and Kemper Construction; and gravel – Margaret area, Spring Lake area and Greely area – Sundre Sand & Gravel. Roll call vote: all present voted yes; motion carried.

 

The Board then discussed correspondence from the North Dakota State Water Commission. It was moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the Chairman’s signature on the ND State Water Commission letter regarding NAWS contract 2-2C, Berthold to Kenmare segment after the County Engineer determines the stipulations in the letter are not covered under the regular permitting process. Roll call vote: all present voted yes; motion carried.

 

Gordon Krueger, Ward County Water Resource Board member then appeared to update the Board on the Water Resource Board’s recent work regarding potential flooding.

 

Smestad presented the bills. With Social Services Director Dan Richter appearing briefly for comment it was moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the Social Service bills totaling $295,268.53 and the regular bills totaling $207,704.47. Roll call vote: all present voted yes; motion carried.

 

Public Sector Consultants President Matt Weatherly then appeared. After discussion it was moved by Comm. Erickson, seconded by Comm. Nybakken to receive and file the salary survey findings and proposed compensation plan. Roll call vote: all present voted yes; motion carried.

 

Director of Tax Equalization Mike Vendsel appeared. It was moved by Comm. Nybakken, seconded by Comm. Erickson to approve six applications for abatement and/or correction of error of assessments; one application for disabled veteran’s exemption; and one application for Homestead Credit. Roll call vote: all present voted yes; motion carried.

 

It was moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve two plat applications as recommended by the Water Resource Board, the Burlington Township Board and the Ward County Planning Commission for Dallas Weishaar for Section 10 Burlington Township. Roll call vote: all present voted yes; motion carried.

 

It was moved by Comm. Erickson, seconded by Comm. Nybakken to approve three variance requests from Basin Electric, as recommended by the Gasman Township Board and the Ward County Planning Commission for the following: Turbine A-16 – located in Section 13 of Gasman Township which is proposed to be 145 feet from the road right-of-way; Turbine E-74 located in Section 14 of Rushville Township which is proposed to be $240 feet from the road right-of-way; and Turbine B-19 located in Section 22 of Gasman Township which is proposed to be 220 feet from the road right-of-way. Roll call vote: all present voted yes; motion carried.

 

Kevin Solie with Basin Electric briefly appeared regarding the process of obtaining permits for the wind towers.

 

D. Larsen and R. Larson appeared regarding a request for flood emergency assistance. It was moved by Comm. Erickson, seconded by Comm. Nybakken to authorize signatures on the request for flood emergency assistance:

 

WHEREAS, Public Law 84-99, as amended, (33 U.S. Code, Section 701n) provides a means of preparing for and combating damage by floods and flood waters; and

 

WHEREAS, Ward County has exhausted all resources available to it for flood fighting and rescue operations; and

 

WHEREAS, on the date of this Resolution, flood fighting is needed and assistance required for the purpose of rescue operations;

 

NOW, THEREFORE, BE IT RESOLVED, that the U.S. Army Corps of Engineers be, and is hereby, requested to furnish assistance in flood fighting and rescue operations.

 

BE IT FURTHER RESOLVED that in consideration of such assistance the above-named Governmental body agrees to:

 

a.       Provide to the United States all lands, easements and rights-of-way for the emergency work, including, but not limited to, levee, borrow, spoil and access rights-of-way.

 

b.       Hold and Save the United States free from all claims for damages attributable to the construction works except for damages due to the fault or negligence of the United States or its Contractors.

 

c.       Operate and maintain the emergency construction works for the duration of the flood emergency.

 

d.       Provide common labor.

 

e.       Provide as required under the applicable provisions of Public Law 91-636, relocation assistance payments to those eligible because of dislocation of persons or property from their dwellings, farms or businesses due to the acquisition of rights-of-way for the emergency flood construction work.

 

f.         Remove, after the flood emergency, without cost to the U.S. Army Corps of Engineers, any temporary emergency works constructed for the flood emergency.

 

BE IT FURTHER RESOLVED, that the Chairman of the County Board of Ward be authorized to enter into agreements with the Corps of Engineers as to the means of supplementing the local flood emergency preparation and flood fighting and rescue operations.

and the following cooperation agreement between the United States of America, Department of the Army acting by and through the District Engineer, St. Paul District, U.S. Army Corps of Engineers (“Government”) and Ward County acting through the Ward County Board of Commissioners Chairman (“Public Sponsor”) for emergency flood assistance:

 

WHEREAS, 33 USC 701n authorizes the Chief of Engineers to flood fight and perform rescue operations; and

 

WHEREAS, the Public Sponsor has requested assistance under 33 USC 701n, and the Public Sponsor qualifies for such assistance in accordance with the established policies of the U.S. Army Corps of Engineers; and

 

WEHREAS, the Public Sponsor hereby represents that is has the authority and legal capability to furnish the non-Federal cooperation hereinafter set forth and is willing to participate with the terms of this agreement;

 

NOW, THEREFORE, the parties agree as follows:

 

1.       The Government will perform the work described in its scope of work (Exhibit A) that is made a part of this agreement.

 

2.       Pursuant to 33 CFR 203.82, the Public Sponsor will:

 

a.       Provide without cost to the Government all lands, easements, rights-of-way, relocations, and borrow and dredged or excavated material disposal areas necessary for the work. All land acquisitions shall comply with Public Law 91-646, as amended by Title IV of Public Law 100-17 and 49 CFR Part 24.

 

b.       Hold and save the Government free from damages arising from construction, operation, maintenance, repair, replacement, and rehabilitation of the work, except damages due to the fault or negligence of the Government or its contractors.

 

c.       Operate, maintain, repair, replace, and rehabilitate the completed work in a manner satisfactory to the Government.

 

d.       Remove, at no cost to the Corps of Engineers under Public Law 84-99, all temporary work constructed by the Government when the emergency has passed as determined by the Government.

 

3.       The Public Sponsor does hereby agree and pledge that it will truly and faithfully perform the following conditions, to wit:

 

a.       If the Government provides sandbags to the Public Sponsor for use in flood fighting activities, the Public Sponsor will use these sandbags in accordance with Government standards and guidelines. The Public Sponsor may want to consider building backup levees where sandbag structures are used in the construction of closures, main levees, or other flood protection structures.

 

b.       All work completed will be restricted from the designated floodway, which both parties of this agreement will determine on the ground prior to the construction of any flood protection works.

 

c.       The Public Sponsor will be held accountable for possession, maintenance and return of all Government equipment provided for use in flood fighting activities. Government equipment damaged, destroyed or lost while in the Public Sponsor’s possession will be repaired or restored by the Public Sponsor at the Public Sponsor’s expense.

 

d.       The Public Sponsor has established a flood response organization and designated an Incident Commander. The Public Sponsor’s Incident Commander is identified at the end of this agreement.

 

e.       The Public Sponsor will operate and maintain the emergency construction works for the duration of the flood emergency.

 

f.         The Public Sponsor will provide common labor.

 

g.       The Public Sponsor will provide, as required under the applicable provisions of Public Law 91-646, relocation assistance payments to those eligible because of dislocation of persons or property from their dwellings, farms or businesses due to the acquisition of rights-of-way for the emergency flood construction work.

 

h.       The Public Sponsor will remove, after the flood emergency, without cost to the U.S. Army Corps of Engineers, any temporary emergency works constructed for the flood emergency.

 

4.       Attachments

a.       Exhibit A – Government Scope of Work

 

b.       Exhibit B – Resolution (certifies the person executing this document on behalf of the Public Sponsor has the authority to sign.)

 

The Public Sponsor, as part of the aforesaid consideration, does hereby release and forever discharge the Government, its officers, employees, agents and assigns, in the prosecution of the proposed emergency flood control work herein contemplated, from all claims, demands, actions and causes of action whatsoever, which may arise by reason of, or in any manner have grown out of or alleged to have grown out of, the construction of the said flood control work as herein contemplated.

 

The Public Sponsor by execution of this document, assures that they have obtained or will obtain the necessary lands and right-of-way needed for the purpose of performing the emergency flood control work hereinabove described and hereby grants PERMISSION to the Government, its officers, employees, agents, and assigns and the Government contractors, their officers, employees, agents and assigns to enter upon Public Sponsor’s land and rights-of-way for the purpose of performing the emergency flood control work hereinabove described.

 

It is hereby certified that the undersigned have the legal authority to execute the above agreement, that the assistance herein requested is beyond the capability of local authorities, and that every possible effort shall continue to be made at the local level to accomplish effective protection from the flood.

 

Public Sponsor Incident Commander: Name: Dana Larsen.

Roll call vote: all present voted yes; motion carried.

 

Sheriff Vern Erck appeared regarding a grant from the Office of Community Oriented Policing Services (COPS.) It was moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the Sheriff to apply for the COPS Hiring Recovery Program grant and to authorize the Chairman’s signature accepting the grant if awarded. Roll call vote: Comms. Erickson, Nybakken and Christianson voted yes, Comm. Fjeldahl voted no; motion carried.

 

Jail Commander Penny Erickson then appeared. It was moved by Comm. Erickson, seconded by Comm. Nybakken to approve the Ward County Jail Policies and Procedures for 2008. Roll call vote: all present voted yes; motion carried.

 

With Erickson still present it was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to decline the contract from the Department of Corrections and Rehabilitation to house state prisoners for the two year period 2009-2011. Roll call vote: all present voted yes; motion carried.

 

Building Services Supervisor Ron Overly then appeared. It was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to accept the bid of Johnson Roofing for repairs to the Library roof. Roll call vote: all present voted yes; motion carried.

 

Bob Horvath, Property Manager with 1^st Minot Management then appeared regarding the Emerson Apartment building. Also appearing for comment was Overly and Kevin Howard with Kevin’s Plumbing & Heating. The Board then set April 15 at 2:00 p.m. to tour the apartments and have further discussion at April 21 regular Board meeting.

 

With Horvath still present the Board discussed the State's Attorney’s policy regarding NSF checks. Also appearing for comment were: R. Larson, Jeff Stremick with Checkrite; Dene Karna from Makoti; and Matt Iverson. It was moved by Comm. Nybakken, seconded by Comm. Fjeldahl to have the State's Attorney meet with the merchants within the next two weeks to review the policy and discuss any unintended consequences. Roll call vote: all present voted yes; motion carried.

 

At 11: 26 a.m. the Board recessed.

 

At 11:32 a.m. the Board reconvened with Comms. Christianson, Fjeldahl, Erickson and Nybakken present.

Smestad presented items for information and action.

 

It was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to authorize Chairman Christianson to attend the Minot City board of equalization to request that no adjustment to the Emerson Apartment valuation be made in 2009. Roll call vote: all present voted yes; motion carried.

 

At 11:34 a.m. Comm. Fjeldahl left the meeting.

 

It was moved by Comm. Nybakken, seconded by Comm. Erickson to receive and file the following correspondence: City of Minot; Earth Resources Analytic LLC; Ward County Engineer; HS Dept of Justice; Minot Public Works & Safety Committee; ND DOT; ND Insurance Dept. Roll call vote: all present voted yes; motion carried.

 

At 11:35 a.m. Comm. Fjeldahl rejoined the meeting.

 

It was moved by Comm. Erickson, seconded by Comm. Nybakken to receive and file the 2008 Ward County property inventory. Roll call vote: all present voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve an application from the Minot VFW Club Post 753, Inc. for a Sunday Event Alcoholic Beverage Permit for April 19, 2009. Roll call vote: all present voted yes; motion carried.

 

Two bids were received on the Spring Lake township pasture land. It was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to accept the high bid from Richard Ostby, ($31.50/acres/year), with 50 percent of the surveying cost being added over the 5 year lease period. Roll call vote: all present voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the Chairman’s signature on a request for two year extension on the paving requirement variance for the parking lot directly north of the courthouse. Roll call vote: all present voted yes; motion carried.

 

With Juvenile Detention Director Allison Hughes appearing, it was moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the Ward County Juvenile Detention Policies and Procedures for 2008. Roll call vote: all present voted yes; motion carried.

 

With R. Larson appearing it was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to create a committee to review the International Fire Code; the committee will be appointed by the Chairman and consist of the following: 2 County Commissioners, the Emergency Manager, the State's Attorney, 2 members of the Ward County Planning Commission, 2 members of the volunteer fire departments and two representatives from the rural cities in Ward County. Roll call vote: all present voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve a request from Lavon M Sandvold for a duplicate warrant. Roll call vote: all present voted yes; motion carried.

 

Comm. Erickson then updated the Board on the Elmer Jesme Conference of Counties meeting held on March 30, 2009. It was moved by Comm. Erickson, seconded by Comm. Nybakken that the resolution regarding appropriation of the state transportation funds be endorsed by Ward County:

 

WHEREAS, the Elmer Jesme Conference of Counties, a regional association of County Commissioners, are public officials with an interest in the promotion of good government and recognizing effective and productive partnerships, and

 

WHEREAS, Governor Hoeven supported a broad-based Transportation Steering Committee proposal including $120 million in State General Funds in his 2009-11 Budget to distribute to the NDDOT, counties, cities, townships, and transit authorities through the State Highway Distribution Fund (SHDF), and

 

WHEREAS, this recommendation recognized the overwhelming inflation that has impacted road construction and maintenance as well as the stagnation of traditional “use-based” revenue from fuel taxes and vehicle fees, and

 

WHEREAS, an adequately funded transportation system is essential to the maintenance and growth of our State’s economy, and

 

WHEREAS, it has been suggested that the enactment of the federal American Recovery and Reinvestment Act (ARRA) commonly called the “stimulus bill”, would allow the North Dakota Legislature to appropriate the “Federal” funding in place of the proposed “State” funding, and

 

WHEREAS, the eligible uses of the State and Federal allocations are different and the distribution formulas treat local jurisdictions quite differently resulting in many local governments receiving the same or less road maintenance funding than in previous years.

 

NOW THEREFORE BE IT RESOLVED, the Elmer Jesme Conference of Counties urges the North Dakota Legislature to appropriate the State transportation funding proposed in the Governor’s Executive Budget to strengthen our State’s transportation system and our State’s economy.

Roll call vote: all present voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to direct the Sheriff’s Office to study the feasibility of reducing the speed limits on all county gravel roads in Ward County due to safety issues. Roll call vote: all present voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to authorize the Auditor/Treasurer to request proposals for banking services for Ward County accounts. Roll call vote: all present voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken that the Board hereby approves the action of the County Auditor/Treasurer in making sales, and authorizes the issuance of tax deed or contract thereon to Donnybrook City for Powers 1^st Addition Lots 2 & 3, Blk 1 less Hwy, Donnybrook City and the issuance of a duplicate county tax deed to Don Knatterud for S40’ of Lots 5 & 6 Block 22, Tolleys Plat, Kenmare City. Roll call vote: all present voted yes; motion carried.

 

Smestad presented the Board with term expirations for the Ward County Library Board. The Board directed Smestad to advertise the two open positions and take applications until April 28.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following application for payroll amendment: Tyler Podolski –Sheriff’s Office. Roll call vote: all present voted yes; motion carried.

 

The Board briefly discussed the county e-mail system and notification of meetings.

 

It was moved by Comm. Erickson, seconded by Comm. Fjeldahl to reconsider the above motion regarding a duplicate tax deed. Roll call vote to reconsider: all present voted yes; motion carried.

It was then moved by Comm. Erickson, seconded by Comm. Nybakken to table the duplicate county tax deed until the April 21 meeting. Roll call vote to table: all present voted yes; motion carried.

 

It was then moved by Comm. Fjeldahl, seconded by Comm. Nybakken to reconsider the above motion: regarding a tax deed sale.  Roll call vote to reconsider: all present voted yes; motion carried.

 

It was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the action of the County Auditor/Treasurer in making the sale, and authorizes the issuance of tax deed or contract thereon to Donnybrook City. Roll call vote: all present voted yes; motion carried.

 

At 12:21 p.m. with no further business, the meeting was adjourned.

 

ACCEPTED AND APPROVED THIS 21st DAY OF APRIL, 2009.

 

s/ Bruce I Christianson, Chairman

Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad, Auditor/Treasurer

Ward County