December 1, 2009 Regular meeting minutes

Minutes of the Board of Ward County Commissioners

December 1, 2009

 

The regular meeting of the Ward County Commission was called to order by Auditor/Treasurer Smestad at 9:00 a.m. with Comms. Fjeldahl, Gruenberg, Christianson, Erickson and Nybakken present.  Also present were Engineer Dana Larsen and State's Attorney Roza Larson.

 

Moved by Comm. Nybakken to elect Comm. Christianson as the Chairman.  Moved by Comm. Fjeldahl to elect Comm. Gruenberg as Chairman.  Roll call vote on original motion for Christianson as Chairman: Comms. Erickson, Nybakken and Christianson voted yes, Comms. Fjeldahl and Gruenberg voted no; motion carried.

 

Moved by Comm. Nybakken to elect Comm. Gruenberg as Vice Chairman.  Roll call vote: all voted yes; motion carried.

 

Point of order by Comm. Fjeldahl asking if motion for Gruenberg as Chairman should be acted upon.  Chairman Christianson stated that, since the first motion passed, acting on the second motion was not required.

 

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

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the minutes of the November 17, 2009 regular meeting and November 30, 2009 special meeting. Roll call vote: all voted yes; motion carried.

 

Smestad presented the bills. Chairman Christianson requested the bill for $66 from Kevin’s Plumbing be removed from the total until it can be researched.  It was moved by Comm. Erickson, seconded by Comm. Nybakken to approve the regular bills totaling $95,796.02.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve Social Service bills totaling $6,216.98.  Roll call vote: all voted yes; motion carried.

 

John Pietsch of the Ward County Water Resource Board appeared to provide an update on various projects including Sportsmen’s Dam, repairs to the spillway, the Wildwood Golf Course dam and the gates at Terracita Vallejo.  The Water Board is also planning a flyover of the Des Lacs and Souris Rivers to see if there are any blockages.  Chairman Christianson suggested coordinating with McHenry County’s Water Board which Mr. Pietsch agreed to do.  Mark Larson, representing Bill Larson and family, appeared for comment.  Pietsch invited the Commissioners to attend the next Water Board meeting on December 14th at 9:00 a.m.

 

Highway Engineer Dana Larsen appeared to address the Wolseth property cleanup.  John Burke appeared for comment.  As the property is now owned by the County, Comm. Gruenberg asked if funds were available for the cleanup.  Auditor/Treasurer Smestad stated that $8,000 - $10,000 is available for nuisance abatement. Chairman Christianson asked if a lien could be put against the property to pay for the cleanup.  State’s Attorney Larson will research.  Mr. Burke stated that he has an individual who can do the cleanup.  He will provide status to Comm. Erickson.

 

Highway Engineer Dana Larsen appeared to present bids for asbestos removal for the Emerson building.  Moved by Comm. Gruenberg, seconded by Comm. Nybakken to authorize Tim Blessum of Weathermen, Inc., to hire the lowest bidder for the asbestos removal as recommended by Larsen.  Roll call vote: all voted yes, except Comm. Fjeldahl who voted no; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to accept the low bid of $83,850 from RTS Shearing and to authorize the chairman to sign the contract for the demolition of the Emerson building.  Roll call vote: all voted yes, except Comm. Fjeldahl who voted no; motion carried.

 

Chairman Christianson then presented the Courthouse Security Committee Report.  The consensus was to provide a bypass lane at the front door for County employees with a valid ID card, to allow use of the east door once a security camera is added outside that door and to allow the Sheriff’s Office to perform random screenings as they see fit.  Sheriff Vern Erck appeared for comment.  Moved by Chairman Christianson, seconded by Comm. Nybakken to accept the recommendations of the Security Committee.  Roll call vote: Comms. Christianson, Nybakken and Erickson voted yes, Comms. Fjeldahl and Gruenberg voted no; motion carried.

 

Director of Tax Equalization Mike Vendsel then appeared.  It was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl, to approve the following: 1) applications for abatement and/or correction of errors of assessments: Patrick Reiner MI 23212 010 007 0, reduce 2009 true and full value from $96,000 to $80,000; Leslie Hoff MI 10B33 000 003 0, reduce 2009 true and full value from $112,600 to $13,100; Peter Kizima FR 35099 000 007 0, increase 2009 true and full value from $0 to $14,800; 2) additions to tax roll: Harold Pederson MI 22B25 000 008 0, increase 2009 true and full value from $0 to $15,900; Ideal Home Investment Corp. MI 26391 020 002 2, increase 2009 true and full value from $0 to $20,100; Cuttin Loose Partners MI 13194 000 012 0, increase 2009 true and full value from $0 to $67,500; Clinton Magandy RD 00001 310 012 0, increase 2009 true and full value from $0 to $600; 3) properties qualify for two-year exemption: Wayne Borstad MI 27B23 000 008 0, reduce 2009 true and full value from $118,600 to $81,100; Vernon Wenger MI 27B23 000 005 0, reduce 2009 true and full value from$118,600 to $87,400; Dale Zarr MI 35B44 000 005 0, reduce 2009 true and full value from $39,500 to $29,300; James Bohn MI 35A87 020 003 0, reduce 2009 true and full value from $146,400 to $102,600; Dennis Sjol MI 27B23 000 003 0, reduce 2009 true and full value from $160,000 to $141,200; JoAnne Neperud MI 27B23 000 002 0, reduce 2009 true and full value from $151,900 to $126,900; Jerry Opdahl MI 35B42 000 002 2, reduce 2009 true and full value from $45,000 to $36,700; Gerhardt Loeffelbein MI 35B42 000 002 1, reduce 2009 true and full value from $45,000 to $30,000; Cory Cresap MI 27B23 000 004 0, reduce 2009 true and full value from $131,800 to $106,800; Richard Rensch MI 26A79 030 002 0, reduce 2009 true and full value from $114,800 to $96,000; 4) remove two year exemption for 2009: Trent Westmeyer MI 10B33 000 006 0, increase 2009 true and full value from $13,100 to $52,000; 5) application for veteran’s exemption: Michael Costa MI 11941 000 011 0, increase 2009 true and full value from $83,400 to $107,400 as exemption was reduced from 100% to 80%; Harold Laib MI 35902 000 002 0, reduce 2009 true and full value from $132,800 to $22,100; Curtis Thompson MI 5101704, reduce 2008 true and full value from $18,726 to $5,618, reduce 2009 true and full value from $17,146 to $5,144; 6) application for homestead credit exemption: Edna Kurth SW 10017 020 001 0, qualifies for 100% credit for 2009; Helen Grosz MI 5103221, qualifies for 100% credit for 2009; James Sand NE 100490 qualifies for 100% credit for 2009; Theresa Adam MI 20332 000 034 0, qualifies for 100% credit for 2009; Susan Wilson MI 5103820 qualifies for 100% credit for 2009; 7) change in value: Misty Owens MI 5104357, reduce 2009 true and full value from $29,959 to $15,120 due to recent inspection; Mark Duchscherer MI 5104358, reduce 2009 true and full value from $4,925 to $0 as mobile home is not connected to utilities.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to approve the following plat applications: 1) Jerald Stroklund, plat of Outlot 4 of NENE Section 12-153-83, Freedom Township; 2) Scott Barkley, Whispering Meadows 4th Addition, Section 34-155-82, Nedrose Township; 3) Norman Sollid on behalf of Steve Senechal, plat of Outlots 23 and 24 of Outlot 18 of the SWSESESE Section 10-155-84, Burlington Township; 4) John Plesuk, plat of Outlots 33 and 34 of Outlot 25, section 31-154-81, New Prairie Township; 5) Randy Hanson, plat of Outlot 1 of SWNW Section 15-154-81, New Prairie Township; 6) Robert Thomas, Attorney, on behalf of Vicky Buee, plat of Outlot 1 of E2NE Section 31-156-84, Kirkelie Township.  Roll call vote: all voted yes; motion carried.

 

Assistant State’s Attorney Robert Slorby then appeared regarding the claims from Legal Services on behalf of Leonard Lund and Jacob Thomas, formerly tenants in the Emerson building.  Following a brief discussion, it was moved by Comm. Fjeldahl, seconded by Comm. Erickson to accept the recommendation of the State’s Attorney’s office to settle the claims by paying Mr. Thomas $229.93 and Mr. Lund $164.34.  Roll call vote: all voted yes, except Chairman Christianson who voted no; motion carried.

 

At 10:47 a.m., the Board recessed.

 

At 10:55 a.m., the Board reconvened with all members present.

 

Auditor/Treasurer Smestad confirmed with the Board that the funds to be paid to Mr.’s Thomas and Lund would be taken out of the Emerson building fund.  She also stated that the bill from Kevin’s Plumbing for unclogging the drains at the Emerson building was from September.  Chairman Christianson advised her to send the bill to First Minot Management for clarification.

 

State’s Attorney Roza Larson appeared to discuss the County’s contract with NRG Technology Services.  She presented various options for information technology support.  Leonard Tennyson of NRG, Library Administrator Julie Burkhart, Highway Engineer Larsen, Social Services Director Dan Richter and Sheriff Erck all appeared for comment.  It was moved by Chairman Christianson, seconded by Comm. Erickson to direct negotiations to NRG to use the 300 hours remaining on the 2009 contract as well as direct Auditor/Treasurer Smestad, in consultation with the State’s Attorney, Sheriff, Highway Engineer, Social Services Director (or their designee) and Human Resources Coordinator, to develop a profile, advertise and hire up to two (2) information technology people for Ward County.  Roll call vote: all voted yes; motion carried.

 

Carolyn Woolf of Court Administration appeared to provide status on the Courthouse Facilities Improvement Grant.

 

Smestad then presented items to the Board.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the following correspondence: ND Public Service Commission – PrairieWinds hearing; Petition – walking and bike trail. Roll call vote: all voted yes; motion carried.

 

Moved by Chairman Christianson, seconded by Comm. Fjeldahl to approve the Board meeting times for 2010 as the first and third Tuesdays of each month at 9:00 a.m.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the agenda - order of business for the Board.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the quit claim deeds for the following tax foreclosed properties redeemed by owner prior to sale date: D & B Properties: MI 23021 210 018 0, MI 23021 220 004 0 and MI 23021 210 020 0.  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 in making the following sales, and authorizes the issuance of tax deeds thereon:

 

Brian J. Keller    Olt 2 in SWSW Sec 32-156-85 Foxholm Twp             $   200.00 cash

Brian J. Keller    1st Addn Riverside Plat Lot 3 Blk 9 Foxholm Twp      $1,000.00 cash

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve transfer of $9,000 from Fund 161, Human Service Fund, to Fund 001, General Fund. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve a budget amendment adding $2,077.13 to the Ward County Library budget’s Salary line item and $2,772.47 to the Library budget’s Supplies line item.  These funds were reimbursed from a grant through North Dakota State Library.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson, that the following application for a raffle permit be approved: Magic City Driftbusters on January 9, 2010 with prizes totaling $900.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken, to approve the early payday on December 24 for year-end.  Human Resources Coordinator Colleen Houmann appeared to provide background on the request.  Roll call vote: all voted yes, except Chairman Christianson who voted no; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken that the following payroll amendment be approved: Kayla Bertsch – Assistant Jail Supervisor – Sheriff’s Department – Level 10.  Roll call vote: all voted yes; motion carried.

 

Smestad reminded the Board of the Kenmare Rural Fire Protection District meeting on December 16, 2009, at 7:00 p.m. at the Kenmare City Hall Gymnasium, 5 3rd Street NE, Kenmare.

 

Comm. Fjeldahl requested clarification on the information provided by State’s Attorney Larson on the Home Rule Charter.  He requested Larson to research whether state law supersedes the Home Rule Charter.

 

At 12:26 p.m., with no further business, Chairman Christianson adjourned the meeting.

 

ACCEPTED AND APPROVED THIS 15TH DAY OF DECEMBER, 2009.

 

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County