November 3, 2009 Regular meeting minutes

Minutes of the Board of Ward County Commissioners

November 3, 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 Devra Smestad, Road Superintendent Rick Melchert 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. Erickson, seconded by Comm. Nybakken to approve the minutes of the October 20, 2009 regular meeting. Roll call vote: all voted yes; motion carried.

 

Smestad presented the bills. It was moved by Comm. Erickson, seconded by Comm. Nybakken to approve the regular bills totaling $115,354.19. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve Social Welfare bills totaling $16,914.93.  Roll call vote: all voted yes; motion carried.

Complete Count Committee Chairman Ernie Medalen appeared to provide information regarding the 2010 census and stress its importance as relating to federal funding.  Census forms will be mailed in March and should be returned by April 10th.

 

Road Superintendent Rick Melchert appeared to request approval for a time extension requested by Northern Improvement for the County Road 14 paving project.  Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the agreement with the additional wording that liquidated damages would be applied after the July 25, 2010 completion date.  Roll call vote: all voted yes; motion carried.

 

Melchert then presented the ND DOT 2010-2011 Revised Federal Aid Program sheet which asks if the county would be willing to Advance Construction (AC) their projects and pay contractors directly.  Moved by Comm. Nybakken, seconded by Comm. Erickson to agree to Advance Construction and have the Chairman sign the form.  Roll call vote: all voted yes; motion carried.

 

At 9:29 a.m., Chairman Christianson opened a public hearing to consider a moving permit which would allow Derek and Heather Davis to move a one story residence from 8643 39th Ave., Rolette, ND to 6500 County Road 13 N., Burlington, ND in Foxholm Township.  Director of Tax Equalization Mike Vendsel appeared to recommend approval for the move.  Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to close the hearing and approve the moving permit.  Roll call vote: all voted yes; motion carried.

 

At 9:31 a.m., Chairman Christianson adjourned the public hearing and reconvened the meeting with all members present.

 

President Tim Blessum of Weathermen, Inc. appeared to present his findings regarding the Emerson Building asbestos inspection.  Moved by Comm. Nybakken, seconded by Comm. Gruenberg to have Weathermen, Inc. get quotes for asbestos abatement and for the Highway Department to advertise for bids and plan the demolition.  Roll call vote: Comms. Nybakken, Gruenberg, Erickson and Christianson voted yes; Comm. Fjeldahl voted no; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file Asbestos Inspection – Management Plan from Weathermen, Inc.  Roll call vote: all voted yes; motion carried.

 

Building Supervisor Ron Overly then appeared to request permission to salvage items such as appliances, cabinets and doors from the Emerson Building.  Moved by Comm. Gruenberg, seconded by Comm. Nybakken to allow Overly to salvage useful items from the building.  Roll call vote: all voted yes; motion carried.

 

City Assessor Kevin Ternes appeared to present a tax abatement request for Premiere Development 2, LLC which was denied by the City Council and an alternate amount approved.  Moved by Comm. Nybakken, seconded by Comm. Erickson to accept City of Minot Assessor’s recommendation of an alternate reduction for 2007 from $1,231,400 to $1,174,200 and 2008 from $1,634,400 to $1,482,600.  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, a copy of which is available for review in the Auditor/Treasurer’s office: 1) 7 applications for abatement and/or correction of errors of assessments; 2) 2 properties qualify for two-year exemption; 3) 5 applications for veteran’s exemption; 4) 1 removal of wheelchair exemption; 5) 3 applications for homestead credit; 6) 2 removals from tax rolls.  Roll call vote: all voted yes; motion carried.

 

County Recorder Sheila Dalen appeared to propose increases to the copy fees in the Recorder’s office.  Moved by Comm. Gruenberg, seconded by Comm. Erickson to 1) allow Recorder to charge $1.00 per page for copies as supported by law, 2) allow Recorder to continue depositing the $.25 per page to the general fund and place the $.75 increase in copy fees into the preservation fund until purchase of the new software is accomplished, so as not to affect the 2010 budget, 3) allow Recorder to place any bulk sales of records in the preservation fund until the purchase of the new software is accomplished.  Roll call vote: all voted yes; motion carried.

 

State’s Attorney Roza Larson appeared to present a resolution to amend Ward County Home Rule Charter Article 7 – Section 5.  Moved by Comm. Erickson, seconded by Comm. Nybakken to approve on first reading and set a public hearing for the resolution.

 

A RESOLUTION TO AMEND

WARD COUNTY HOME RULE CHARTER ARTICLE 7 – SECTION 5

 

WHEREAS, in January 2001 Ward County adopted its Home Rule Charter, and

 

WHEREAS, as part of the Home Rule Charter, Ward County adopted the following provision in Article 7 – “Section 5 – REVENUE CERTIFICATION – to implement the adopted budget, the Board of County Commissioners will file a tax levy certification authorizing the tax levy or levies and setting the tax rate or rates not later than the 1st day of October of each year. The levy or levies may be amended through October 10th.”, and

 

WHEREAS, the above mentioned provision of the Home Rule Charter was adopted as written because at that time it conformed to comparable law in the North Dakota Century Code at NDCC 11-23-05, and

 

WHEREAS, in 2005 the North Dakota legislature amended NDCC 11-23-05 amending references to specific October dates and changing the text to read “the board, on or before the October meeting required by Section 11-11-05 shall determine the amount of taxes that shall be levied for county purposes and shall levy all such taxes in specific amounts.”, and

 

WHEREAS, it appears adoption of similar language to that currently contained in the above mentioned statute will provide more flexibility and efficiency for the Board of Ward County Commissioners;

 

NOW THEREFORE BE IT ADOPTED, by the Board of Ward County Commissioners that Article 7 – Section 5 of the Ward County Home Rule Charter shall be amended to read as follows:

 

Section 5 – REVENUE CERTIFICATION

To implement the adopted budget, the Board of County Commissioners will file a tax levy certification authorizing the tax levy or levies and setting the tax rate at their October meeting or meetings of each year.

 

Roll call vote: all voted yes; motion carried.  It was requested that Robert Slorby attend the public hearing as he is the one who researched the resolution.

 

Sheriff Vern Erck appeared to present vehicle bid submissions.  His recommendation was to purchase the 2008 Chevrolet Trailblazer LS submitted by Don Bessette Motors.  The purchase price after trade-in is $10,595.00.  Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the vehicle purchase with the following funds: $3,829 from Auto Purchase Fund, $5,000 from Auto Expense Fund and $1,766 from Impound Fund.  Roll call vote: all voted yes; motion carried.

 

Smestad then presented items to the Board.

 

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to receive and file the following correspondence: ND Dept of Human Services – rental agreement at 305 17th Ave SW (Child Support offices); Recorder Sheila Dalen – NDAco Delegate report; Auditor/Treasurer Devra Smestad – letter to NRG; Weathermen, Inc – Emerson asbestos inspection; ND DOT – 2010-2011 Revised Federal Aid Program; John Pietsch – Puppy Dog Channel Improvement Project; NRG Technology Services – IT support hours. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve raffle permit for Blue Line Club.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to have Rath & Mehrer perform the audit of the Auditor/Treasurer’s Office for the year ending December 31, 2009.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the Detention Service Agreement and the Chairman to sign.  Roll call vote: all voted yes; motion carried.

 

Smestad notified the Board that department head evaluations are due in December.  Evaluations will be held Tuesday November 24th beginning at 9:00 a.m.

 

Moved by Comm. Erickson, seconded by Comm. Gruenberg that the following payroll amendments be approved: Amanda Kurowski – Correctional Officer – Sheriff’s Department – Level 9 (new hire); Sylvia Annan – Social Worker II – Social Services – Level 11 (new hire).  Roll call vote: all voted yes; motion carried.

 

At 10:37 a.m., with no further business, Chairman Christianson adjourned the meeting.

 

ACCEPTED AND APPROVED THIS 17TH DAY OF NOVEMBER, 2009.

 

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County