December 15, 2009 Regular meeting minutes

Minutes of the Board of Ward County Commissioners

December 15, 2009

 

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 Smestad, Engineer Dana Larsen and State's Attorney Roza Larson.

 

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

 

Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to approve the minutes of the December 1, 2009 regular meeting and December 14, 2009 special meeting. Roll call vote: all voted yes; motion carried.

 

Smestad presented the bills.  Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following regular bills totaling $ 265,071.49.

 

Roll call vote: all voted yes; motion carried.

 

Comm. Fjeldahl recommended removing the River of Life Church rental adjustment of $49,531.80 from the Social Service bills until the new contract is approved.  Moved by Comm. Erickson, seconded by Comm. Nybakken to approve Social Service bills of $282,147.64 and Human Service bills of $46,185.99.  Roll call vote: all voted yes; motion carried.

 

District Court Administrator Carolyn Woolf then appeared to request use of the Commissioners room.  Due to renovations, one of the courtrooms will not be available and they may require space for the judges.  Use of the room will be coordinated with the Auditor/Treasurer’s office.  The Commissioners had no objection to this request.

 

Jim Lee of Max, ND, appeared regarding the Home Rule Charter.  He felt the approval of a security bypass lane violated Article 3 as the bypass lane affects the employees as well as the public.  Chairman Christianson stated that state law handles security in a separate manner and then pointed out that, when the original security policy was enacted, there was not a public hearing or first and second readings.  He stated that legal counsel will be consulted to ensure the issue is handled appropriately.  Comm. Fjeldahl requested the conversation with legal counsel take place in an open forum.  State’s Attorney Roza Larson appeared and cited Ordinance 2001-2 to the Home Rule Charter which was adopted to expedite administrative policy.  She then cited NDCC 11-11-14 which gives the Board of Commissioners permission to make decisions regarding county property.

 

Director of Minot Housing Authority Tom Pearson appeared to provide an annual report.  MHA is spending $250,000 to assist 741 households.  In previous years, the number of households was 800 but rents have increased.  The number of individuals receiving assistance is 1,778.  There were 8 units vacant in the Milton Young Towers this year.  Stimulus money will be used to replace windows on the west side of the building however the cost of the project is $1 million and will take four years to complete.  Pearson then stated there is a waiting list of 6-8 months.  HUD determines how much MHA can pay but current rates are higher than they once were.  HUD is attempting to perform a rental survey but they are not reaching many renters.

 

At 9:30 a.m. Chairman Christianson opened a public hearing regarding a resolution to amend Ward County Home Rule Charter Article 7 – Section 5.  State’s Attorney Roza Larson appeared for comment.  She requested adding the wording “pursuant to NDCC 11-23-05” and striking the wording “at their October meeting or meetings of each year” at the end of Section 5 – Revenue Certification.  Larson stated, if this change is made, the Home Rule Charter would track state law.  Comm. Gruenberg asked if there should be a reference to an October meeting.  Larson stated the County must follow deadlines set by the State which is why the reference to NDCC is included.  Moved by Comm. Nybakken, seconded by Comm. Gruenberg to close the public hearing.  Roll call vote, all voted yes; motion carried.  At 9:48 a.m. the hearing was adjourned.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to add the wording “pursuant to NDCC 11-23-05” and strike “at their October meeting or meetings of each year” at the end of Section 5.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to pass the resolution on second reading with the updated wording.  Comm. Fjeldahl stated that he did not see the point in changing the Home Rule Charter as it complies with the law.  Roll call vote: all voted yes with the exception of Comm. Fjeldahl who voted no; motion carried.

 

Sheriff Vern Erck then appeared to present bids from three Minot car dealers.  Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg that Sheriff Erck be authorized to accept a low bid from Westlie Motor Company, not to exceed $47,332.00 to purchase two Crown Victorias; to reject a low bid from Minot Chrysler of $25,808.00 as the vehicle was too small for the required use; and to accept a higher bid from Westlie Motor Company, not to exceed $27,383.00 for a Ford Expedition. The Sheriff’s Office will retire two vehicles following the purchase; however, they must retain the third as they have additional staff.  Roll call vote: all voted yes; motion carried.

 

Jail Commander Penny Erickson appeared to request approval to hire the brother of a current employee.  The individual is the top applicant and will not be working directly with his brother.  Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the request.  Roll call vote: all voted yes; motion carried.

 

State’s Attorney Roza Larson appeared to request approval for the purchase of a new computer for Assistant State’s Attorney Robert Slorby.  The quote from NRG was $1,029.60 which she will confirm. Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the purchase.  Roll call vote: all voted yes; motion carried.

 

Larson then requested approval for the purchase of a client access license at a cost of $105.00 in order to receive email on her BlackBerry smartphone.  Since the server upgrade, she has been unable to receive emails and was told this license would resolve the issue.  Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the request.  Roll call vote: all voted yes; 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) addition to tax roll: Dacotah Frontier Valley, LLC, KM 18007 250 001 1, increase 2009 true and full value from 0 to $4,200; 2) removal of veteran’s exemption due to property sale: Gary Ungerer, NM 14099 000 003 0, increase 2009 true and full value from $200 to $69,600; 3) remove two year exemption: Lyle Kraft, MI 22A30 000 008 0, increase 2009 true and full value from $186,400 to $211,400; James Weaver, MI 27A34 000 007 0, increase 2009 true and full value from $78,000 to $90,500; Glenn Hasby, MI 25A45 020 001 0, increase 2009 true and full value from $114,700 to $127,200; 4) remove from tax roll as properties are now county-owned: MG 03001 000 001 0, reduce from $6,600 to 0; MG 03001 000 002 0, reduce from $400 to 0; KM 20006 100 003 0, reduce from $2,200 to 0; KM 00010 230 000 0, reduce from $4,400 to 0; KM 00010 240 000 0, reduce from $4,400 to 0; KM 00010 250 000 0, reduce from $2,400 to 0; 5) owner qualifies for blind exemption: Danielle Hartson, MI 5102979, reduce 2009 true and full value from $3,842 to 0; 6) application for veteran’s exemption: Donald Larson, SR 05019 000 001 0, reduce 2009 true and full value from $243,200 to $45,600; Ralph Willson, MI 15052 000 001 0, reduce 2009 true and full value from $192,200 to $84,200; William Doersam, MI 23212 080 002 0, reduce 2008 true and full value from $89,600 to $31,100; reduce 2009 true and full value from $95,500 to $34,500; 7) remove disabled veteran’s exemption: Florence Anderson, MI 23468 000 037 0, reduce true and full value from $153,400 to $73,400 prorated from date of sale November 5, 2009; 8) application for homestead credit exemption: Virginia O’Brien, MI 11743 000 014 0, qualifies for 60% credit for 2008 and 100% credit for 2009.  Roll call vote: all voted yes; motion carried.

 

Auditor/Treasurer Smestad notified the Commissioners that they can charge the owner for cleanup of the Wolseth property.  Also, it is required to give 30 day notice of purchase to the prior owner for up to 10 years.

 

There was a brief discussion regarding the tour of the old St. Joseph’s Hospital building.  Comm. Fjeldahl requested the Building Committee be included in decisions made regarding the use of that space.  Chairman Christianson stated that they will hold meetings as committee of the whole or Building Committee.

 

Smestad then presented items to the Board.

 

Moved by Comm. Gruenberg, seconded by Comm. Nybakken to receive and file the following correspondence: Dan Richter – email regarding Social Services rent reimbursements; Chris Brown – NRG contract and hours; ND Department of Commerce – MG Grains CDBG; ND Supreme Court – judicial vacancy in District Judgeship #1, as well as the monthly reports including financial reports. Roll call vote: all voted yes; motion carried.

 

Engineer Dana Larson and Emergency Manager Al Reynolds appeared to discuss emergency funds for townships.  Smestad stated funds have been received for several townships however the bills have not been submitted which means reimbursement cannot be done.  Reynolds stated he has tried contacting the townships but is not getting responses.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the following applications for liquor license for 2010:

 

FoxDen                                     Liquor, beer & wine – on & off sale                    yes

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.

 

Chairman Christianson noted the following 2010 Commissioner Committee appointments: All Seasons Arena: Jerome Gruenberg and John Fjeldahl; Area Development Corporations: Berthold – Fjeldahl, Nybakken (alt); DeSour – Gruenberg, Erickson (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 – Gruenberg; Personnel – Erickson, Nybakken, Fjeldahl (alt); and Highway Committee –Gruenberg, Christianson, Nybakken (alt); Social Service Board – Gruenberg, Erickson; Souris Basin Planning Council – Gruenberg, Fjeldahl (alt); Library Board – Erickson; Planning Commission – Nybakken and Erickson; District Court Renovation Committee – Gruenberg and Erickson (alt.) and Public Administrator – Christianson, Fjeldahl.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to reappoint Richard Sabol to a one-year term on the All Seasons Arena Commission.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Gruenberg to appoint the following: Mary Thomason and Arden Butts to a two-year term on the North Central Human Service Advisory Committee; Gary Neshem and John Pietsch to a two-year term on the Water Resource Board; and Charles Weiser, Leonard Lehman and Howard Anderson to a four-year term on the Weed Control Board.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the application for the Court Facilities Improvement Grant and authorize the Chairman to sign.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the updated Discovery Benefits agreement.  Personnel Director Colleen Houmann appeared to note that changes were primarily to the privacy policy.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the Employee Assistance Program (EAP) contract renewal and authorize the Chairman to sign.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the COG/COOP Memorandum of Understanding (Mutual Aid Agreement) with City of Minot and authorize the Chairman to sign.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the 2010 polling sites.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the Joint Powers Agreement (JPA) with Berthold City for elections and authorize Chairman to sign.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the following year end transfers: Emerson Building (428, rent) to General (001-0000-390-3030) - $9,000; 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) - $783.70; Country Club Hgts (461) to Spec. Assess. District Finance (422) - $7,738.33; Little Ponderosa (458) to Spec. Assess. District Finance (422) - $4,020.55; Kings Court Paving (453) to Spec. Assess. District Finance (422) - $968.60; Emergency Fund (120) to General Fund (001) - $340,107; General Fund (001) to Road Operations (150) - $38,797.26; and Farm to Market Program to Road Operations - $921,848.09. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve a budget amendment of $31,505.00 to increase the Jail’s Capitol Improvements Line Item in the 2009 budget to make a partial payment to Otis Elevator for the jail elevator update.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve request from Recorder Sheila Dalen to hold over digitizing dollars in the amount of $52,222.20 into the 2010 budget year.  The digitizing project was not completed satisfactorily.  Roll call vote: all voted yes; motion carried.

 

The Board gave pre-approval of year-end bills and authorized Auditor/Treasurer to pay at her discretion.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve a policy requiring direct deposit for all employee pay checks effective with the January 15, 2010 payroll.  This policy was recommended by the Personnel Committee.  Roll call vote: all voted yes with the exception of Comm. Fjeldahl who voted no; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to approve the following job descriptions and pay scales: Information Technology Administrator – Level 26 and Technology Support Specialist – Level 15.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the advertising and hiring of the Information Technology Administrator position.  The Technology Support Specialist position will be advertised at a later date.  Roll call vote: all voted yes; motion carried.

 

Personnel Director Colleen Houmann appeared to present bids for health insurance.  A separate meeting will be scheduled to meet with the insurance company representatives.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson that the following payroll amendments be approved: Jill Muhle – Social Worker I – Social Services – Level 17; Jennifer Olson – Patrol Deputy – Sheriff’s Office – Level 18; Kathryn Stephens – Temporary Hourly SW III – Social Services – Level 11.  Roll call vote: all voted yes; motion carried.

 

Moved by Chairman Christianson, seconded by Comm. Erickson to authorize Comm. Gruenberg to sign the Kenmare Rural Fire Protection resolution at the December 16 meeting.

 

Smestad reported on the repercussions of not filing 10 mills for Farm to Market.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to adjourn the meeting at 11:19 a.m.

 

ACCEPTED AND APPROVED THIS 5TH DAY OF JANUARY, 2010.

 

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County