October 6, 2009 Regular Meeting Minutes

Minutes of the Board of Ward County Commissioners

October 6, 2009

 

The regular meeting of the Ward County Commission was called to order by Commissioner Gruenberg at 10:00 a.m. with Comms. Fjeldahl, Erickson and Nybakken present.  Also present were Auditor/Treasurer Devra Smestad; Engineer Dana Larsen and State's Attorney Roza Larson.

 

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

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the minutes of the September 15, 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 $360,397.93.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve Social Welfare bills totaling $56,623.26.  Roll call vote: all voted yes; motion carried.

 

County Engineer D. Larsen appeared with items for information regarding 2010 construction project recommendations from the Ward County Highway Department.  The projects include seal-coating 23 miles of CR 6 and milling/paving of 5.5 miles of CR 5W.  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to authorize Larsen to go ahead with the bids.  Roll call vote: all voted yes; motion carried.

 

Larsen then reported on the Brownfield Grant and asbestos removal for the Emerson Building.  He discussed the project with Tim Blessum, a local asbestos inspector, and informed the Board of his findings.  Since the Brownfield Grant application deadline had passed, Larsen suggested applying for it next year, but begin the sampling and testing of the building now.  Moved by Comm. Nybakken, seconded by Comm. Erickson to authorize Tim Blessum to conduct inspection.  Roll call vote: all voted yes; motion carried.  It was then moved by Comm. Nybakken, seconded by Comm. Erickson to receive and file the report from D. Larsen.  Roll call vote: all voted yes; motion carried.

 

The meeting was recessed at 10:30 for a public hearing on the Souris Basin Planning Council Grant.  Greg Hagen and Mike Mueller gave an update regarding the completion of the Minot Intermodal/Value Added Agricultural Park which was initially approved Dec 2006.  There is a federal grant still open for the completion of security fences at the site.  There were no appearances to speak to the grant and the public hearing was closed.

 

The regular meeting was reconvened at 10:37 with Comms. Gruenberg, Fjeldahl, Erickson and Nybakken present.

 

MLRA Soil Scientist Perry Sullivan presented an update on the Ward County Soil Survey and their efforts to make the system uniform across county lines.

 

Chairman Christianson joined the meeting at 10:39 and Comm. Gruenberg turned the meeting over to him at 11:00 following the completion of Mr. Sullivan’s presentation.

 

Recorder Shelia Dalen appeared to gather input from Commissioners regarding the ND Association of Counties (NDACo) resolutions.  There were no objections to the NDACo proposed resolutions.  Comm. Fjeldahl suggested a resolution be introduced regarding the special levies for township mowing and snow removal.  Currently, these levies must be renewed each year.  The suggested resolution would request the special mowing/snow levy be valid for 5 years.  Moved by Gruenberg, seconded by Nybakken to have Comm. Fjeldahl draw up the proposed resolution and email it to all Commissioners for input.  Roll call vote: all voted yes; motion carried.

 

Director of Tax Equalization, Mike Vendsel then appeared.  It was moved by Comm. Fjeldahl, seconded by Comm. Gruenberg, to approve the following: 1) applications for abatement and/or correction of error of assessments: Laurie Triplett MI 14476 090 002 2, 2009 true and full value be reduced from $199,800 to $175,000; Stephen Sessions HA 16107 010 016 0, reduce 2009 true and full value from $310,200 to $261,600; 2) adjustments due to township equalization oversight: Rodlen Mertz WI 02099 000 003 0, reduce 2009 true and full value from $242,000 to $220,400; Khris Morlang WI 01002 000 006 0, reduce 2009 true and full value from $197,100 to $189,000; 3) denied application for two year construction exemption: Charles Bovee Trust MI 27A62 000 002 0, second owner after builder and does not qualify, increase 2009 true and full value from $108,500 to 133,500; 4) property to be removed from 2009 tax roll: Jody Reinsch RD 00001 180 005 0, property was destroyed by fire, reduce 2009 true and full value from $7,400 to $200; 5) applications for disabled veterans exemption: Harold McComas MI 11233 000 021 0, reduce 2009 true and full value from $94,500 to $82,500; 6) applications for homestead credit exemption: Rosella Wilkerson MI 13210 250 008 1, qualifies for 100% credit for 2009; Dean Wymer SY 18099 000 014 0, qualifies for 100% credit for 2009; Shirley Marks NE 21017 010 006 0, qualifies for 100% credit for 2009; 7) mobile home on property now attached to real estate and taxed as real property: Daryl Leifson RD 00001 170 012 0, increase 2009 true and full value from $18,800 to $37,800; 8) mobile home has duplicate record in tax roll and must be removed: Ed Buerkle MI 5104407, reduce 2009 true and full value from $17,100 to $0.  Roll call vote: all voted yes; motion carried.

 

Mr. Vendsel then presented two plats recommended for approval: Roger Sundsbak and Austin and Dawn Mathison, plat of Outlots 4 & 5, being Outlots 2 & 3, Section 28-156-84, Kirkelie Township; Bartel Strand, plat of Outlot 5 of Government Lot 1 Section 18-154-81, New Prairie Township.  Although the Township and Water Resource Boards both recommended approval, there is still a concern about the maintenance of the Kirkelie Township road.  Jared Lochthowe, Bill Staskywicz, Derrill Fick, Jeff Haider and Denise Messmer appeared for comment.  Comm. Nybakken moved to approve both items based on the fact that the applications meet the criteria.  Comm. Erickson seconded the motion.  Roll call vote: Comms. Nybakken, Erickson, Gruenberg and Christianson voted yes; Comm. Fjeldahl voted no; motion carried.

 

Mr. Vendsel then presented an application for special use for Daryl and JoAnne Rademacher to construct a zip line park on the NWNE of Section 6 in Kirkelie Township.  JoAnne Rademacher appeared to provide further explanation regarding the parks activities and safety procedures.  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the special use permit.  Roll call vote: all voted yes, motion carried.

 

Smestad then presented items to the Board.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl that the following correspondence be received and filed: Dept of Air Force – road maintenance schedule; Office of States Attorney – letter to T. Narum; Sheriff’s Dept – letter to Minot Bomb Team; ND Cultural Heritage Initiative – regional meetings; ND Association of Oil and Gas Producing Counties – truck permit fall meeting; EAP – Semi-annual management report; PFM Group – results of latest bond sale; ND National Guard – FEMA Emergency Relief Grant; Environmental Dust Control – attendance at NDACo conference; ND Atmospheric Resource Board – NDCMP flight logs and operational summaries for District II. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson that the following be approved: application for duplicate warrant in replacement of warrants assumed lost, mutilated, defaced or destroyed: Christine Laskowski in the amount of $89.00; Lyle Johnson in the amount of $7.00.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to authorize Sheriff Erck to trade in a current SUV and spend up to $15,000 from the impound and drug asset forfeiture funds to purchase a used sport utility vehicle for the Sheriff’s department.  Roll call vote: all voted yes; motion carried.

 

Smestad notified the commissioners of the following board appointments which will expire at the end of December: N. Central Human Services – 2; Water Board – 2; Weed Board – 3.  They approved advertising the positions.

 

Human Resources representative, Colleen Houmann appeared to request authorization of donated leave time for one of the Social Services employees.  Moved by Comm. Nybakken, seconded by Comm. Erickson to approve this request.  Roll call vote: all voted yes; motion carried.

 

State’s Attorney Roza Larson appeared to discuss the contract with attorney(s) for Sexually Dangerous Individuals (SDI).  After discussion, moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file the SDI information.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the tax foreclosure schedule.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the tax foreclosure appraisals made October 6, 2009 and direct the Director of Tax Equalization, with the assistance of the Sheriff’s Office, to evict persons living in the residences and to post “No Trespass” notices.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson that the following payroll amendments be approved: Jennifer Olson – Correctional Officer – Sheriff’s Department – Level 9; Andrew Hanselman – Juvenile Detention Officer/Correctional Officer – Juvenile Detention/Sheriff’s Department – Level 9 (new hire); Laura Bergren - Juvenile Detention Officer/Correctional Officer – Juvenile Detention/Sheriff’s Department – Level 9 (new hire). Roll call vote: all voted yes; motion carried.

 

Smestad then presented Motions 1-3 of the final 2010 budget for approval.  Moved by Comm. Nybakken, seconded by Comm. Erickson to adopt the following motion for the 2010 budget:

 

 

County Board................................................................................................. $109,422

County Auditor/Treasurer.................................................................................. 365,355

State's Attorney .............................................................................................. 820,670

Director of Tax Equalization .............................................................................. 192,068

District Court .................................................................................................... 73,275

County Recorder.............................................................................................. 257,760

Courthouse Janitors.......................................................................................... 179,519

Utilities & Janitorial Supplies............................................................................. 278,700

Publishing & Printing.......................................................................................... 10,500

Elections......................................................................................................... 128,000

Office Supplies & Equipment............................................................................... 43,500

Postage, etc...................................................................................................... 50,500

Annual Audit........................................................................................................ 9,700

County Board Contingency.................................................................................. 30,000

Miscellaneous General....................................................................................... 30,365

Worker Comp......................................................................................................... 800

Child Support Office Rent.................................................................................... 50,400  

 

County Sheriff.............................................................................................. $1,906,225

Jail Operations.............................................................................................. 1,759,178

County Coroner.................................................................................................. 34,000

Emergency Management Agency...................................................................... 131,512

Property & Liability Insurance............................................................................ 227,500

Domestic Violence Crisis.................................................................................... 20,000

Community Service & Restitution......................................................................... 15,100

Juvenile Detention Center.................................................................................. 282,362

Housing Juveniles/Industrial School....................................................................... 4,000

E911/Communications................................................................................................ 0

 

(District Health)

 

 

County Park.................................................................................................... $ 87,250

Library/Bookmobile.......................................................................................... 381,998

Historical Society............................................................................................... 37,500

 

Extension Agent............................................................................................. $192,869

Souris Basin Planning and RC&D........................................................................ 19,177

Weed Control................................................................................................... 241,793

 

 

 

Veterans Service Office.................................................................................... $ 93,288

Emergency Fund.............................................................................................. 160,000

County Buildings, Repairs & Improvements......................................................... 523,688

Technology purchase/maintenance.................................................................... 115,250

Township Oil Road Payments.............................................................................. 10,000

Property Tax Maintenance.................................................................................... 2,500

Nuisance Abatements.......................................................................................... 8,000

 

 

 

Roll call vote: Comms. Nybakken, Erickson, Gruenberg and Christianson voted yes, Comm. Fjeldahl voted no; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to adopt the following resolution:

 

BE IT RESOLVED, that in accordance with the 12 month budget for 2010 for Ward County adopted this date and filed with the County Auditor/Treasurer, there be and there is hereby levied for the 12 month period ending December 31, 2010 for:

 

General Fund.............................................................................................. $3,639,707

            General Fund................................................. 2,649,546

            Social Security.................................................. 223,226

            County Agent.................................................... 192,869

            Veterans Service................................................. 93,288

            Historical Society................................................ 37,500

            Advertising & Promotion....................................... 79,136

            Comprehensive Health Insurance........................ 364,142

 

County Road Department............................................................................. $1,632,097

            Farm to Market................................... 1,592,287

            Road & Bridge........................................ 39,810

 

Poor Relief Fund.......................................................................................... $3,148,769

County Health (1^st Dist. Health Unit)................................................................... 471,040

Bookmobile – Library........................................................................................ 203,873

 

Emergency Poor........................................................................................................ 0

 

Wired/Wireless 9-1-1 Fund......................................................................................... 0

 

Emergency...................................................................................................... 149,700

County Park...................................................................................................... 49,050

Weed Control................................................................................................... 163,737

Jail Operations.............................................................................................. 1,524,380

Insurance Reserve............................................................................................ 163,026

 

 

Roll call vote: Comms. Nybakken, Erickson, Gruenberg and Christianson voted yes, Comm. Fjeldahl voted no; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to adopt the following motion setting the 2010 budgets and tax levies spread against the taxable property of Ward County: Garrison Diversion Conservancy District – appropriation of $159,225 and tax levy of $159,225; Ward County Council on Aging – appropriation of $248,375 and tax levy of $159,225; Ward County Water Resource Board – appropriation of $1,027,985 and tax levy of $636,900; Ward County Soil Conservation – appropriation of $170,117 and tax levy of $55,000; and North Dakota State Fair – appropriation of $320,000 and tax levy of $320,000; Weather Modification – appropriation of $200,000 and tax levy of $191,000.

 

Roll call vote: Comms. Gruenberg, Erickson, Nybakken and Christianson voted yes, Comm. Fjeldahl voted no; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to receive and file the memo from the Southeast County Commissioners’ Association requesting support of a resolution to change from a state-run FEMA system to a federally-managed FEMA system.  Emergency Manager, Al Reynolds appeared for comment.  Roll call vote: all voted yes; motion carried.

 

State’s Attorney Roza Larson presented a resolution for Property Tax Exemption on New Single Family, Condominium, and Townhouse Residential Property.  Mike Vendsel and Bob Slorby, Assistant State’s Attorney, appeared to discuss the resolution and answer questions.  Joel Feist, Minot Association of Builders, also offered input.  Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the resolution on first reading:

 

WHEREAS, the Ward County Board of Commissioners is empowered by Article 8, Section 1 of the Ward County Home Rule Charter to levy and collect property taxes within the county, and

WHEREAS, the Board of Commissioners as the governing body of Ward County is empowered by N.D.C.C. 57-02-08(35) to exempt from taxation up to $150,000.00 of the true and full value of new single-family, condominium, and townhouse residential property, exclusive of the land on which it is situated, in Ward County outside city limits for the first two taxable years after the taxable year in which construction is completed and the residence is owned and occupied for the first time, and

WHEREAS, the Board of Commissioners may limit or impose conditions upon exemptions under N.D.C.C. 57-02-08(35), and

WHEREAS, the Board of Commissioners reserved the right to amend or rescind Resolution #1-2009 at any time and N.D.C.C. 57-02-08(35) also reserves to the governing body the right to amend a resolution adopted under such sections, and

WHEREAS, the Board of Commissioners deems it appropriate to adopt a resolution pursuant to N.D.C.C. 57-02-08(35) for Ward County property outside city limits to bring the resolution into compliance with applicable state law.

NOW, THEREFORE, BE IT RESOLVED, BY THE WARD COUNTY BOARD OF COMMISSIONERS, that up to $75,000.00 of the true and full value of new single family, condominium, and townhouse residential property, exclusive of the land on which it is situated, in Ward County outside city limits is exempt from taxation for the first two taxable years after the taxable year in which construction is completed and the residence is owned and occupied for the first time, and all of the conditions set out in N.D.C.C. 57-02-08(35)(b) are met.

BE IT FURTHER RESOLVED, that this amended resolution is effective for taxable years beginning after December 31, 2008.

BE IT FURTHER RESOLVED, that pursuant to N.D.C.C. 57-02-08(35) and the Ward County Home Rule Charter, the Ward County Board of Commissioners may: Rescind or amend this resolution at any time and may limit or impose conditions upon the exemptions provided for under this resolution including limitations on the time during which an exemption is allowed.

 

Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to add to the resolution “Be it resolved, this exemption will not be approved without approval by affected government entities.”  Roll call vote: Comms. Fjeldahl and Gruenberg voted yes, Comms. Erickson, Nybakken and Christianson voted no; motion failed.

 

Building Supervisor Ron Overly appeared to discuss the Emerson building.  The boiler is no longer working according to Kevin’s Plumbing and will be very expensive to repair.  Since the tenants will all be out by October 15th, electric space heaters have been provided.  A walk-through is planned for October 16th at 8:00 a.m. 

 

At 12:45 p.m., with no further business, Chairman Christianson adjourned the meeting.

 

ACCEPTED AND APPROVED THIS 20TH DAY OF OCTOBER, 2009.

 

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County