June 7, 2011 Regular Meeting Minutes

Minutes of the Board of Ward County Commissioners

June 7, 2011

 

      The regular meeting of the Ward County Commission was called to order by Chairman Gruenberg at 9:00 a.m. with Comms. Fjeldahl, Erickson, Christianson and Nybakken present.  Also present was Highway Engineer Dana Larsen, States Attorney Roza Larson, and Auditor/Treasurer Devra Smestad.

 

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

 

      Extension Agent Mike Rose appeared and introduced Dean Houchen as the New Agent in Training.

 

      Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the minutes of the May 17, 2011 regular meeting.  Roll call: all voted yes; motion carried.

 

      Smestad presented the bills. Moved by Comm. Erickson, seconded by Comm. Nybakken to approve 2011 Social Welfare bills of $42,283.52 and the regular bills totaling $204,658.29. Roll call: all voted yes; motion carried.

 

      Highway Engineer Dana Larson appeared. He presented the breakdown for the 55^th St Bypass project and the low bid amounts. Moved by Comm. Christianson, seconded by Comm. Nybakken to approve both projects and to approve the following Resolution:

WHEREAS, the bid in the amount of $7,252,775.71 from Gladen Construction Inc received in the bid opening of May 20, 2011 for Project STM-SC-5145(051) and STM-SC-5138(057) was the low bid received.

WHEREAS, this bid is considered reasonable.

NOW THEREFORE, be it resolved by the Board of County Commissioners of WARD Count will award to Gladen Construction Inc the contract for Project STM-SC-5145(051) and Project STM-SC-5138(057 AND HEREBY AUTHORIZED AS Chairman of the Board to sign said contract.

It is further understood that the County shall reimburse the North Dakota Department of Transportation for any payments made under this contract, which are not collectible from the Federal Highway Administration.

Roll call: all voted yes; motion carried.

 

Dana reviewed the updated Rig movement form with changes as previously approved by the Commission on May 17, 2011.

 

The Highway Department sold 3 motor graders through an auction instead of trading them in. This provided a difference of $60,798 in favor of Ward County.

 

Dana updated the Commission on County roads that continue to receive more damage from rain fall, overland running water, and standing water. He advised that FEMA will not reimburse for assistance with any grade raises unless it is a sole access road. All areas along the Mouse and Des Lacs Rivers in Ward County are damaged and many of the contractors are already busy. He will begin the bid process and see what happens on many of our County Roads.

     

Dana reminded the Commission that there will be an Oil and Gas Meeting on June 10^th, 2011 at 10:00 a.m. in Watford City.

 

Dana turned the flood update information over to Amanda Schooling, Homeland Security Planner and Acting Emergency Manager. Amanda advised the Commission that the State would like to set up a meeting with the Commission to get Federal/State requirements for relocation or acquisition of property located in flooded areas. This meeting will strictly be an informational meeting. She was advised to set a date for the meeting and to advise the Commission.

 

Comm. Nybakken asked that the Personnel Committee research overtime payment for exempt Ward County employees, in a declared emergency, which may be partially reimbursed by FEMA. He wanted to see some form of compensation for the long hours worked by Dana, Amanda, Devra, and other exempt County employees. The Commission agreed and a meeting for the Personnel Committee will be arranged.

 

Rick Nunn from True North Emergency Management Company appeared. True North assists counties, townships, or cities in the disaster cleanup, and works with FEMA in processing paperwork and requirements. He left 2 packets of information for the Commission to review and consider.

 

      At 10:00 a.m. the meeting was recessed for the Board of Equalization Meeting.

 

      At 10:15 a.m. the meeting was reconvened with all members present.

 

      Comm. Gruenberg asked for the spokesperson for those who live in the Apple Grove area to step to the podium and update the Commission on their flood situation. Travis Zabotney, Owner of Magic City Implement stepped forward to speak. Travis is looking for assistance to help remove the water from the Apple Grove area. He voiced concerns and asked how the water ended up in an area that was no longer listed in a 100 year flood plain. He also advised the Commission on how quickly the water rose in the area. He requested that a hydrology study be done in the area to prevent this from happening again. He asked that the Ward County Water Resource Board, Ward County Commission and/or a non biased third party do the study as the residents in that area believe that the Water Board is making decisions that benefit them personally.

 

      Tammy Holen, a resident of East Side Estates, appeared and stated that the Puppy Dog Coulee has been a problem over the last couple of years when there is a heavy rain event. With the river being so swollen, there was nowhere for the water coming from the coulee to go.

 

      Comm. Gruenberg asked how many in the audience were from the Apple Grove area. Approximately 20 people raised their hands. Tiffany Miller, a resident of Apple Grove had additional information to present before the Commission.  First, she stated that they received no reverse 911 call. Secondly, all the residents in the area had certificates stating that they were not in the flood plain and did not need to carry flood insurance. Because of this, she asked that FEMA make them a priority. Thirdly, the road that goes to the old Bison Plant has been raised. Normally, the area along this road has water in it; but this year it does not, and they believed that the raising of the road caused the water to back up into the Apple Grove area. Resident Chad Slocher and John Rovig, owner of Minot Livestock, also stated concerns about the area. Dana appeared and stated that the event that happened in this area exceeded a 100 year flood event.

 

      Comm. Gruenberg requested that the Commission send a letter to the Governor to request low interest emergency loans be made available through the Bank of North Dakota. These loans would be made available for county, townships, cities, businesses, and individuals.

 

      At 11:08 a.m. the meeting was recessed.

 

      At 11:18 a.m. the meeting was reconvened with all members present.

 

      Moved Comm. Erickson, seconded by Comm. Nybakken to have the Commission send the letter to the Governor as requested. Roll call: all voted yes; motion carried. Comm. Gruenberg asked that this letter be sent today.

      Jail Commander Penny Erickson appeared. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the Jail Policy and Procedure Manual as presented. Roll call: all voted yes; motion carried.

 

       Director of Tax Equalization Mike Vendsel appeared. Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the following applications for abatement and/or correction of errors of assessments:

 

The following properties are owned by the City of Minot and are exempt and need to be removed from the tax roll.

 

The following submitted documents and qualify for the homestead credit exemption:

Roll call: all voted yes; motion carried.

 

      Mike presented two abatement requests that were brought through the City of Minot. Moved by Comm. Christianson to deny the abatement request from IRET Properties for the South Pointe Apartments. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson to deny the abatement request from IRET Properties %Thomas Reuters for the Chateau Apartments. Roll call: all voted yes; motion carried.

 

      Zoning Administrator/Building Inspector Mitch Flanagan appeared and presented the plat recommended for approval by the Ward County Planning Commission. Moved by Comm. Christianson, seconded by Comm. Erickson to approve the following plat application as recommended by the Township Board, the Water Resource Board and the Ward County Planning Commission: Jonathan and Karen Myers, Outlot 1 in the SWSE Section 29-156-82, McKinley Township; Greg Fegley, Outlot 4 Being Outlot 3 less Highway and unplatted portion of W2SE, Section 18-156-84, Kirkelie Township. Roll call: all voted yes; motion carried.

 

      At 11:33 a.m. the regular meeting was recessed and the public hearing was opened regarding the Moving Permit application from Levi Hieb. The house and garage would be moved from 12901 156^th Ave NE, Deering to the NW Corner of 37^th Ave & 62^nd St SW, Minot; No one appeared against the permit.  Moved by Comm. Christianson, seconded by Comm. Erickson to approve the moving permit. Roll call: all voted yes; motion carried.

 

      Comm. Christianson moved to close the public hearing at 11:35 a.m. and the regular meeting resumed.

 

      Auditor/Treasurer Devra Smestad presented items to the Board. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to receive and file the following correspondence: Public Service Commission – Enbridge Pipeline; US Dept of Commerce – 2010 Census. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Nybakken to receive and file the 2010 Audit Report for Ward County. Roll call: all voted yes; motion carried

.

      Comm. Christianson and Comm. Nybakken reviewed dates in July for the Liaison Committee Meeting and it was determined that the 13^th would be best and the 14^th would be an alternate date. Devra is to set up the meeting.

 

      Devra reported that the meeting of the Redistricting Committee on June 1^st had a response of 1 person out of approximately 60. She asked the Commission if another meeting notice should be sent out.  Since Ward County Commissioners are elected at large, by large, and ND State Law states at large, by large counties are not required to redistrict, and the Home Rule Charter states “in accordance with ND State Law”, it was determined that it is not necessary to have more meetings on redistricting. By the North Dakota State Law, it is not required for this committee to be formed.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to approve the fireworks permit for Beau Simmons (Nodak Speedway) for July 4, 2011. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to approve the Special Event Permits for M&S Concessions during the ND State Fair & Hostfest. Roll call: all voted yes; motion carried.

 

      Sheriff Steve Kukowski appeared. Moved by Comm. Christianson, seconded by Comm. Erickson to approve the purchase of a RACC belt for prisoner transport to court. Roll call: all voted yes; motion carried.

 

      The Commission was advised that the Park Board, Library Board, and the Reorganization Committee had appointments that would expire June 30, 2011.

 

      The Mental Health Contract has a vacancy due to the death of Carl O. Flagstad. Devra presented an e-mail of interest from Timothy C. Wilhelm. Moved by Comm. Erickson, seconded by Comm. Nybakken to appoint Timothy C. Wilhelm to fulfill the unexpired term for the Indigent Defense Contract for 2011. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Fjeldahl to approve the Health Insurance Premium Change as an increase of 7.3%, continuing Ward County participation share for single coverage at 89% and Family Coverage at 65%. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to approve Tricia Tessendorf as the Alternate Applicant Agent for the 2011 Flood. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the Memorandum of Understanding between Ward County and the North Dakota National Guard to assist in traffic control points, to support Local Law Enforcement, and to authorize the Chairman to sign. Roll call: all voted yes; motion carried.

 

      Devra presented information to change 5 existing voting precincts (Afton, Des Lacs, Makoti, Ryder, and South Prairie) into vote by mail precincts. Moved by Comm. Fjeldahl to keep all voting precincts they way they currently are. Motion died due to lack of a second.  Moved by Comm. Christianson, seconded by Comm. Nybakken to provide the Commission with the break down per precinct of the number of absentee voters, early voters, and actual voters at the polling site for the above discussed precincts. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson that the following payroll amendments be approved: Marcus Detlaff – Highway Department – Seasonal Highway/Park Maintenance (Level 14); Kelly A Gustavson – Social Services – Social Worker II (Level 21); Levi Jurgens – Highway Department – Seasonal Highway/Park Maintenance (Level 14); Brandyn Kuske – Highway Department – Seasonal Highway/Park Maintenance (Level 14); Melissa Mosser – Social Services – Eligibility Worker I (Level 17); Christopher Ray – Sheriff’s Department – Jail Shift Supervisor (Level 20); Jennifer Reichenberger – Social Services – Social Worker III (Level 21). Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to attempt to form the Redistricting Committee through a second mailing to the townships and cities. Roll call: Comm. Fjeldahl and Comm. Gruenberg voted yes; Comm. Christianson, Erickson and Nybakken voted no; motion failed.

 

      At 12:20 p.m., with no further business, the meeting was adjourned.    

 

ACCEPTED AND APPROVED THIS 21^st DAY OF JUNE, 2011.   

s/ Jerome Gruenberg

Chairman, Ward County Board of Commissioners

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County