July 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, Gruenberg, Erickson and Nybakken present.  Also present were Auditor/Treasurer Devra Smestad; Engineer Dana Larsen and State's Attorney Roza Larson.

 

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

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the minutes of the June 16, 2009 regular meeting. Roll call vote: all voted yes; motion carried.

 

Smestad then presented the bills. With D. Larsen appearing for comment it was moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the Social Service bills totaling $12,054.29; and the regular bills totaling $1,109,272.79. Roll call vote: all voted yes; motion carried.

 

Minot Fire Chief CJ Craven then appeared. Also appearing for comment was D. Larsen. It was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to allow a construction company to use approximately 40 feet of the north parking lot during construction on the south fire station. Roll call vote: all voted yes; motion carried. Chairman Christianson appointed D. Larsen, or his designate, to act as a liaison for Ward County during the project.

 

Minot Police Department Capt. Steve Kukowski then appeared. It was moved Comm. Erickson, seconded by Comm. Nybakken to establish a Memorandum of Understanding between the City of Minot and Ward County for the 2009 Justice Administration Grant, with the City of Minot acting as the fiscal agent in charge, and authorize the Sheriff and Chairman to sign the agreement. Roll call vote: all voted yes; motion carried.

 

Richard Ostby and R. Larson then appeared regarding the Spring Lake Township pastureland currently leased by Ostby. It was moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to have the State's Attorney send a letter to the former renter notifying him that the fence posts and wire need to be removed within 15 days or the materials would be removed and the expense charged to him. Roll call vote: all voted yes; motion carried.

 

D. Larsen then appeared with items for information and action.

 

It was moved by Comm. Gruenberg, seconded by Comm. Erickson to accept the low bid of Traffic Safety Services, in the amount of $56,078.00, for center and edge line pavement marking of 93 miles of roadway. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to send a bill for the cost of repair to the Foxholm bridge railing, in the amount of $1,098.07, to the individual who caused the damage during the 2009 flood emergency. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to authorize the Engineer to advertise for bids for a new boom mower. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Gruenberg to raise the speed limit on County Road 20, from US 83 west 10 miles, from 55 to 65 mph. Roll call vote: all voted yes; motion carried.

 

D. Larsen then presented the board with information that he had received regarding a County owned lot in Kenmare that needed mowing. Board consensus was to have Kenmare city do the mowing and charge the county.

 

At 9:40 a.m., past the time set, Chairman Christianson opened a public hearing on a resolution to provide financial assistance to townships and cities. Comm. Fjeldahl gave a report of the committee and how they arrived at the distribution amounts. With no one else appearing either for or against the resolution, Chairman Christianson closed the hearing at 9:43 a.m.

 

At 9:44 a.m. before the time set, Chairman Christianson opened the 2009 Board of Equalization. Director of Tax Equalization Mike Vendsel appeared to review the Ward County property assessments that had been appealed at the previous County Board of Equalization meeting.  Smestad called a point of order that the hearing was ahead of schedule and at 9:46 a.m. Chairman Christianson recessed the hearing.

 

It was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the following resolution:

 

WHEREAS, the Ward County Board of Commissioners, pursuant to North Dakota Attorney General Letter Opinion 2009-L-07, has the authority to control its finances and fiscal affairs, including adopting appropriate Ordinances and Resolutions for which its emergency funds may be used under NDC 57-15-28,

 

WHEREAS, Executive Orders 2009-02 has been issued by North Dakota Governor Hoeven, making an emergency declaration for Ward County and by the County’s own Snow Emergency Declaration,

 

WHEREAS, due to the snow levels, townships and cities within the boundaries of Ward County had high emergency response and snow removal costs, and damage to property constituting a serious economic hardship,

 

WHEREAS, the Ward County Board of Commissioners, finds it appropriate and warranted to assist townships and cities within the borders of the County with the excessive costs incurred by the natural disaster,

 

NOW THEREFORE, the Ward County Board of Commissioners hereby agree to provide financial assistance to townships and cities within its borders as scheduled out below with the requirements specified:

 

Townships:

-Must apply to Ward County and demonstrate need through an expense report or brief explanation

-The amount of funds each township is eligible to receive up to will be determined by the 2008 mill rate of the township as follows:

      0 to 6 mills                       $500

      6.1 to 10 mills                   $1,000

      10.1 to 14 mills                 $1,500

      14.1 mills and over         $2,000

-If not already instituted, townships receiving funds from Ward County must institute a mowing/snow levy of 3 mills, pursuant to NDCC 57-15-19.6 and 57-15-20.2, for future snow emergencies at the township’s annual meeting by March 2010. If the townships choose not to institute a mowing/snow levy the funds provided from Ward County will be considered a loan due back to the County by June 1, 2010.

 

Cities:

-Must apply to Ward County and demonstrate a need through an expense report of brief explanation

-Cities in Ward County smaller than 5,000 will be eligible for up to $2,000

-Cities in Ward County larger than 5,000 will be eligible for up to $10,000

-If not already instituted, cities receiving funds from Ward County must institute an emergency fund, pursuant to NDCC 57-15-48, for future emergencies by October 1, 2009. If the cities choose not to institute an emergency fund the monies provided by Ward County will be considered a loan and due back by December 1, 2010.

 

Applications for funds from Ward County must be submitted for consideration by October 1, 2009 to Devra Smestad, Ward County Auditor/Treasurer, at PO Box 5005, Minot ND 58702.

 

Roll call vote: all voted yes; motion carried.

 

With Vendsel again appearing, it was moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the following plat applications as recommended by the Water Resource Board, the respective Township Boards and the Planning Commission: Carl Zeltinger for a plat of Outlots 2 and 3 of SW, 14-161-88 (Denmark Twp) and a plat of Outlot 2, being a portion of Outlot 1 of SE, 4-161-88 (Denmark Twp); Norman Sollid on behalf of Judith Deaver for a plat of Outlot 1 of NESE, 30-156-86 (Berthold Twp); and Shannon Schenfisch on behalf of Helmut, Luella and Bonnie Schenfisch for a plat of Outlot 1 of N2NE, 28-152-87 (Orlien Twp) and a plat of Outlot 2 of N2NE, 28-152-87 (Orlien Twp.) Roll call vote: all voted yes; motion carried.

 

It was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve a set-back variance request by John Gilles for Meadowbrook Estates Addition L7 and N 65’ less E portion of road L8 B2, as recommended by the Township Board and Planning Commission. Roll call vote: all voted yes; motion carried.

 

With Darin Egge appearing it was moved by Comm. Nybakken, seconded by Comm. Erickson to approve a variance request by Egge to extend the road beyond the current county regulations of 500’ for the Gran Vista Estate Subdivision. Roll call vote: All voted yes; motion carried.

 

At 9:56 a.m. the Board recessed for a break and the Board of Equalization meeting.

 

At 10:45 a.m. the Board reconvened in regular session with all members present.

 

It was moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following resolution:

 

WHEREAS, this Board of Equalization has reviewed the 2009 property assessments; and

 

WHEREAS, a number of errors and inequalities have come to the attention of this Board; and

 

WHEREAS, the County Auditor/Treasurer and the Director of Tax Equalization have reported that the notices of increases and decreases have been given to the owners and local equalization boards as provided by law, and opportunity to be heard in protest in such changes have been given;

 

NOW THEREFORE, BE IT RESOLVED, that all returns as made by local equalization boards be approved except for changes ordered by this Board, and that all actions taken by this Board of Equalization be confirmed, and that such revised notices be noted on the County Assessment rolls and included in the report to the State Tax Commissioners, which is now being compiled by the County Auditor/Treasurer’s Office.

 

Roll call vote: all voted yes, except Comm. Fjeldahl who voted no; motion carried.

 

Jim Lee then appeared to request a copy of the log kept of the east door key fob entrances. R. Larson also appeared for comment regarding exempt records. Board consensus was to receive the security committee report before acting on Lee’s request.

 

Library Administrator Julie Burkhart appeared regarding the Library Board’s request for handicap and loading/unloading zone identification at the Library. It was moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the request. Roll call vote: all voted yes; motion carried.

 

Building Supervisor Ron Overly and Emergency Manager Al Reynolds then appeared. It was moved by Comm. Gruenberg, seconded by Comm. Erickson to accept the bid of Johnson Controls, in the amount of $1,400, to repair damages to the infra-red heating system at the County North building. Roll call vote: all voted yes; motion carried.

 

With Reynolds still present, it was moved by Comm. Erickson, seconded by Comm. Nybakken to extend the contract with ServiceMaster, in the amount of $1,060, for addition cleaning at the County North building. Roll call vote: all voted yes; motion carried.

 

Ward County Extension Agent Mike Rose and District Director Mike Hanson then appeared regarding an agent in training position in Ward County. It was moved by Comm. Fjeldahl, seconded by Comm. Erickson to enter into a partnership with NDSU for an agent in training position to be housed at Ward County, with Ward County paying 25 percent of the position’s salary (currently $31,700.) Roll call vote: all voted yes; motion carried.

 

Chairman Christianson then presented a report of the Courthouse Security Committee. Also appearing for comment was: Sheriff Vern Erck; District Court Administrator Carolyn Woolf; Lee; Rose; and Reynolds.

 

It was moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to make the key fob log available to the public, with the Sheriff removing certain information that would be an exempt record. Chairman Christianson did not recognize the motion and the following vote was taken on upholding the Chairman’s decision to deny recognition of the motion: Comms. Fjeldahl and Gruenberg voted no; Comms. Erickson, Nybakken and Christianson voted yes; motion carried.

 

After much discussion it was moved by Comm. Fjeldahl, seconded by Comm. Erickson to continue with current policy of having everyone screened at the front door, with the exception of those exempt by the Sheriff; authorize the Sheriff to take corrective action for those not abiding the policy and report any success/failure in three months. Roll call vote: Comms. Fjeldahl, Erickson and Gruenberg voted yes; Comms. Nybakken and Christianson voted no; motion carried.

 

Comm. Fjeldahl then moved to table his previous motion for 90 days. Chairman Christianson reported there was no need to table the motion as it hadn’t been recognized.

 

Smestad then presented items for information and action.

 

It was moved by Comm. Gruenberg, seconded by Comm. Nybakken to receive and file the following correspondence: The PFM Group – Build America bond sale; SRF Consulting Group – transit storage facility; GM – ownership incentive; LyCox Enterprises – scholarship contribution; ND DOT – July 17 bid opening; ND DOT – Emergency Repair guidelines; ESCC Committee – expenditure guidelines; NDACo – Committees. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve: 1) special event permit for Minot VFW Club Post 753 for a 80^th birthday party on July 18, 2009 from 12 Noon to 1:00 a.m., serving beer, liquor and wine; and 2) a raffle permit for Minot Elks Lodge #1089 on January 2, 2010 with prizes totaling $2,250. Roll call vote: all voted yes; motion carried.

 

With Erck appearing for comment it was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve a fireworks/pyrotechnic special effects display for the North Dakota State Fair on August 1/2, 2009. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the Chairman’s signature on the Livescan maintenance and support agreement for the Livescan Fingerprint machine located at the Ward County Jail. Roll call vote: all voted yes; motion carried.

 

With R. Larson, Cynthia Thomas and Sue Meyer appearing it was moved by Comm. Nybakken, seconded by Comm. Fjeldahl to reject any/all bids received for the sale of the Emerson Apartment building; give proper notice to the tenants to vacate the building and demolish the building shortly after vacancy. Comm. Fjeldahl requested a split question. Roll call vote on rejecting any/all bids for the Emerson Apartment building: all voted yes; motion carried. After discussion, the following roll call vote was taken on giving the tenants of the Emerson Building notice to vacate by October 15, 2009, or earlier, and demolishing the building in the near future. Roll call vote: all voted yes, except Comm. Fjeldahl who voted no; motion carried.

 

D. Larsen then appeared and was directed to obtain a budget estimate for demolition of the Emerson Apartment building.

 

At 11:46 a.m. Comm. Fjeldahl left the meeting.

 

It was moved by Comm. Gruenberg, seconded by Comm. Erickson to enter into an electronic check processing agreement (merchant capture) with First International Bank, at no charge to the County. Roll call vote: all present voted yes; motion carried.

 

At 11:49 a.m. Comm. Fjeldahl rejoined the meeting.

 

Smestad then informed the Board about two upcoming openings to the ND State Fair Association. Board consensus was to advertise the openings per policy.

 

Smestad presented the Board with an annual report and budget request from the Souris Basin Planning Council. No action was taken.

 

With Personnel Director Colleen Houmann appearing it was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the Ward County Wellness Committee’s budget request with $500 being taken out of the Commissioner Contingency fund in 2009 and $500 being budgeted for 2010. Roll call vote: all voted yes, except Comm. Fjeldahl who voted no; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the following budget schedule:

 

July 6                            Budget forms to department heads

July 24                          Budgets due back to Auditor/Treasurer

Week of August 17     Department head budget hearings

September 1               Receive and file preliminary budget

September 4               Public notice of hearing & preliminary budget

September 15             Public hearing on budget at 9:30 a.m.

October 6                     Adopt final budget and set levies

 

Roll call vote: all voted yes; motion carried.

 

With Houmann again appearing it was moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve a 1.5 percent increase for Highway Department employee Paul Arndt, the only employee who would receive less than the minimum increase, effective with the 2010 proposed salary plan. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the following applications for payroll amendment: Jason Wood – Seasonal Weed Control Sprayer – Weed Control – Level 7; Jerald Johnson – Seasonal Mower/Maintenance – Highway Department – Level 5; Larry Zimmer – Seasonal Mower/Maintenance – Highway Department – Level 5. Roll call vote: all voted yes; motion carried.

 

Building space needs were then briefly discussed.

 

At 1:13 p.m. with no further business, it was moved by Comm. Gruenberg to adjourn.

 

ACCEPTED AND APPROVED THIS 21^st DAY OF JULY, 2009.

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County