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September 21, 2010 Regular Meeting Minutes

Minutes of the Board of Ward County Commissioners
September 21, 2010
 
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 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 7, 2010 regular meeting. Roll call: all voted yes; motion carried.
 
Auditor Devra Smestad presented the bills.  Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the 2010 Social Welfare bills of $22,424.76, Human Service bills $50,334.74, and the regular bills totaling $674,731.61. Roll call: all voted yes; motion carried.
 
Local Chairman for Habitat for Humanity, Bruce Walker, appeared on behalf of Jeff & Natalie Mock.  Moved by Comm. Nybakken, seconded by Comm. Erickson to waive $558.37 penalty and interest fees from 2007, upon approval of the State’s Attorney’s office, if within Commissioners’ authority.  Roll call: all voted yes; motion carried.
 
Highway Engineer Dana Larsen appeared.  He presented eligible projects for submission for the 2012-2015 Highway Safety Improvement program.  Moved by Comm. Erickson, seconded by Comm. Gruenberg, to approve the recommendations by the Highway Engineer to apply for DOT safety funds.  Roll call: all voted yes; motion carried.
 
Next Larsen spoke about the spot overlay project for a 1200 foot section of CR 10, four miles west of US 2 & 52.  He stated he would like to request quotes rather than advertise for bids because the project may be less than $50,000.  Chairman Christianson advised him to get quotes for project. No action required.
 
Finally Larsen spoke about the need for a new garage door on the east side of the County North building.  Moved by Comm. Erickson, seconded by Comm. Nybakken, to have Northstar Steel frame an opening on the east side of the County North Building for $3,560, and to have Magic City Garage Door install a new door for $4,356.  Roll call: all voted yes; motion carried.
 
Emergency Manager Al Reynolds spoke regarding a grant to reprogram radios.  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the waiver on procurement of radio reprogramming, allowing each emergency entity to select the business which will program their radios.  Roll call: all voted yes; motion carried.
 
Director of Tax Equalization Mike Vendsel appeared. By movement from Comm. Nybakken, seconded by Comm. Erickson, a full and complete copy of which is available for review in the office of the County Auditor, the Board approved the following: one application for two-year new construction exemption, one application for Disabled Veteran’s credit exemption, one application for Homestead credit, and three properties which were owned by tax-exempt entities and were sold to a taxable entities and need to be added to the 2010 tax roll. Roll call: all voted yes: motion carried.
 
Vendsel then presented approved items from the Planning Commission.  The first was a Special Use Permit for Don and Marcia Jessen to construct a 10-12 unit campground on Lot 24 of Point of View Subdivision in Burlington Township.  Comm. Fjeldahl questioned if the campground should have a zoning change rather than a Special Use Permit. Comments were made in regards to waste disposal, a water retention pond, and if action was required by the Water Resource Board. Jim Heckman from First District Health Unit appeared for comment. It was moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the Special Use Permit as recommended by the Planning Commission:  Roll call: all voted yes; motion carried. 
 
The second item was a plat approval. It was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the following plat application as recommended by the Township Board, the Water Resource Board and the Ward County Planning Commission: Herbert and Sharon Schwarz for Outlot 19 of SENE and NESE Section 5-153-81 (Sawyer Township).   Roll call: all voted yes; motion carried.
 
Vendsel then presented the third item: a Special Use Permit to Clyde Monlezun and Ken Judice to construct a temporary housing facility in Section 30 of Kirkelie Township.  Comm. Fjeldahl questioned if this site should be rezoned.  Chairman Christianson stated there was a lot of interest in this issue and he would allow discussion.  Permit applicant Ken Judice spoke first stating his intentions for the proposed site.  Citizens speaking in opposition to the plan included Kirk Welstad, Lance Johnson, David Herzig, Karla Herzig, Derek Davis and Derril Fick.  Concerns included environment, traffic, water, sewer, electricity, and the facility’s temporary population. Ken Judice reappeared with rebuttal comments to the opposition.  Comm. Fjeldahl stated that all those who own property have rights, and there is a need to keep that fact in mind.  Comm. Gruenberg felt the facility should be built closer to the city in order to properly accommodate utility and infrastructure needs. Comm. Nybakken noted the Special Use Permit is needed first in order to obtain the other permits, whether the project moves forward or not.  Minot Alderman Ron Boen also commented.  Moved by Comm. Fjeldahl to have all Special Use Permit applicants have all their required permits from agencies come back to the Commission for review before final approval of Special Use Permit.  Motion died for lack of a second.
 
Moved by Comm. Nybakken, seconded by Comm. Fjeldahl, to approve a conditional five-year Special Use Permit to Ken Judice and Clyde Monlezun for a temporary housing facility in Section 30 of Kirkelie Township. Reapplication for the permit is required at least one year prior to the ending date as there will be no automatic renewal­­­­­­­­­­­. The permit is further contingent upon the following: all other permits approved, all code requirements met, health department approval, and their project engineer must work closely with the Highway Engineer regarding infrastructure.  Roll call: Comms. Gruenberg and Erickson voted no; Comms. Fjeldahl, Nybakken and Christianson voted yes; motion carried.
 
At 11:09 a.m. the meeting was recessed.
 
At 11:14 a.m. the meeting was reconvened with all Commissioners present.
 
Smestad presented a letter to the Industrial Commission of North Dakota.  Moved by Comm. Erickson, seconded by Comm. Gruenberg, to approve the application letter for $23,485,000 worth of Recovery Zone Facility Bonds and to authorize the Chairman to sign the letter.  Roll call: all voted yes; motion carried.
 
Smestad noted the Commissioners were given a new copy of the 2011 Preliminary budget.  The new numbers reflected the addition of a new server for consideration. Comments were made regarding agricultural land valuation.
 
Joel Feist from LHL Holdings appeared.  He presented an office building and parking structure proposal to the Board to review. 
 
Smestad then presented items to the Board.
 
Moved by Comm. Erickson, seconded by Comm. Nybakken to receive and file the following correspondence:  Vicky Steiner – Oil & Gas Meeting September 29, 2010; First District Health Unit – Notice of Meeting September 27, 2010; Terry Traynor – notice that out-of-state meals and new state lodging rates of $69.30/night go into effect on October 1, 2010.
 
Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file monthly reports.  Roll call: all voted yes; motion carried.
 
Moved by Comm. Erickson, seconded by Comm. Gruenberg that the board hereby approves the action of the County Auditor/Treasurer in making the following sale, and authorizes the issuance of tax deeds or contracts thereon:
 
Purchaser                                 Description                                                       Price and Terms
MG030010000010                      Lots 1 & 2 Wolseth Addn                                   $834.58 cash
MG030010000020                      Sec. 3-157-81 Margaret Township
ClaraAnn Pister
 
Roll call: all voted yes; motion carried.
 
Smestad noted the need to establish an appraisal committee for tax foreclosed properties.  Comms. Fjeldahl, Erickson and Nybakken were appointed to appraise the rural properties and Comms. Christianson and Gruenberg were appointed to appraise the city properties. The appraisal committee will meet prior to the regular meeting on October 5, 2010.
 
Moved by Comm. Gruenberg, seconded by Comm. Erickson, that the following application for a Raffle Permit be approved: North Plains PTA on October 15, 2010 with prizes totaling $1,000.  Roll call vote: all voted yes; motion carried.
 
Human Resource Coordinator Colleen Houmann will be attending a three day HR course.  Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl, to have the expenses related to this course be paid for from the Commissioner Contingency Fund.  Roll call: all voted yes; motion carried.
 
Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following requests for duplicate warrants: Dillon Peterson in the amount of $5.00. Roll call: all voted yes; motion carried.
 
           
Moved by Comm. Erickson, seconded by Comm. Nybakken that the following payroll amendment be approved: Jennifer Peterson – Social Services – Office Assistant III – Level 9.  Roll call vote: all voted yes; motion carried.
 
Comm. Gruenberg presented the Board with a summary list of resolutions currently in-force for review.  The Board asked Smestad to contact NDACo to prepare a draft resolution to stabilize valuations and levies due to impact on county budgets.
           
Smestad noted the Elmer Jesme Conference of Counties is on September 27, 2010.
     
At 12:00 p.m. with no further business, the meeting was adjourned.
  
ACCEPTED AND APPROVED THIS 5th DAY OF OCTOBER, 2010.
 
s/ Bruce I Christianson
Chairman, Ward County Board of Commissioners
 
ATTEST:
s/ Devra Smestad
Auditor/Treasurer, Ward County
 
 
 
 
 
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