May 17, 2011 Regular Meeting Minutes

Minutes of the Board of Ward County Commissioners

May 17, 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, and Nybakken present.  Also present was Highway Engineer Dana Larsen, Assistant States Attorney Robert Slorby, and Auditor/Treasurer Devra Smestad.

 

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

 

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the minutes of the May 3, 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 $24,057.58, the Human Service bills of $51,157.24 and the regular bills totaling $872,991.88. Roll call: all voted yes; motion carried.

 

Highway Engineer Dana Larsen appeared. Dana updated the Commission on the 55^th Street Overpass and the Northeast Bypass. The Right of Way (ROW) land acquisition is currently being handled by the contractor and most of the acquisitions are already done. A Resolution is required to authorize the use of Quick-take eminent domain for any right-of-way necessary for the construction of the Northeast bypass and deposit into court. Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the following Resolution:

BEFORE THE BOARD OF COUNTY COMMISSIONERS,

WARD COUNTY, NORTH DAKOTA

RESOLUTION AUTHORIZING DEPOSIT INTO COURT

AND USE THE QUICK-TAKE AUTHORITY FOR ACQUISITION OF PREMISED

NECESSARY FOR NORTHEAST BYPASS PROJECT

 

           WHEREAS, the Board of the County Commissioners, Ward County, North Dakota, find it necessary, for public use and purpose, to acquire properties reasonable necessary and convenient for the construction of the Northeast Bypass Project, whether within or without Ward County, North Dakota;

           WHEREAS, Ward County has the authority to utilize the power of eminent domain pursuant to the provisions of Section 16 of Article I of the Constitution of the State of North Dakota, Chapter 32-15 of the North Dakota Century Code, and the Ward County Home Rule Charter;

           NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for Ward County has determined that the construction of the Northeast Bypass Project is necessary for the health, safety, and welfare of the citizens of Ward County and for the protection of public and private property within Ward County;

           BE IT FURTHER RESOLVED, that the Board of County Commissioners of Ward County has determined that the acquisition of fee title, permanent right-of-way, and/or temporary right-of-way upon real property approved by the County Engineer to be necessary for the construction of the Northeast Bypass Project;

           BE IT FURTHER RESOLVED, that the Board of County Commissioners of Ward County hereby authorized the deposit of such funds as indicated by a qualified appraisal approved by the State’s Attorney for the acquisition of fee title, permanent and/or temporary right-of-way upon, under, and/or over such property as it reasonably necessary or convenient to be acquired for road, highway or public right-of-way purposes, as approved by the County Engineer within or without Ward County, North Dakota, be deposited with the Clerk of District Court, County of Ward, State of North Dakota, by the State’s Attorney and/or County Auditor.

           BE IT FURTHER RESOLVED, that pursuant to the provisions of Section 16 of Article I of the Constitution of the State of North Dakota, Chapter 32-15 of the North Dakota Century Code, and the applicable provisions of the Ward County Home Rule Charter, the Board of County Commissioners of Ward County hereby authorizes the use of quick-take eminent domain proceedings to acquire fee title, permanent and/or temporary rights-of-way upon, over, and /or under such property as is reasonably necessary or convenient for the construction of the Northeast Bypass Project, as approved by the County Engineer, within or without Ward County, North Dakota.

 

and authorize the chairman to sign. Roll call: all voted yes; motion carried.

 

Dana presented the draft of a rig movement permit form. The permit would require an oil company to designate the time frame and route in which a rig would be moved. Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the rig movement permit form with the additional wording to be added to designate the complete route (State/County/Township Roads) and stating that the permit only gives permission to travel on the County Roads. Roll call: all voted yes; motion carried.

 

Dana updated the Commission on County roads have that suffered flood damage. These roads are either scheduled for a grade raise or have road upgrades to be determined at a later date.

  

Dana continued the flood discussion and deferred to Pat Kraft appearing from Rice Lake. Pat informed the Commission that the residents of Rice Lake have hired Ackerman-Estvold Engineering firm to help determine possible solutions to the rising lake water. Pat introduced Ryan Ackerman to describe one possible solution of pumping water from Rice Lake onto the lots owned by Ward County located to the Northeast of the lake. The lots are currently on a lease agreement. Ryan stated that his firm is unsure if the water pumped onto these lots will not drain back into the aquifer. However, it could reduce the level of the lake approximately 7 inches, giving some relief to the residents. Comm. Gruenberg asked what permits are required from the State Water Commission. Pat said that the approval to use the land was first required and then a permit to pump the water could be obtained. Attorney Brian Hankla representing the Rice Lake Recreational Service District appeared and stated an agreement has been drawn up and given to the lessee, Robert Magandy, who was also present to comment. Mike Braun, Chairman of the Rice Lake Recreational Service District appeared and restated the importance of the attempt to provide any form of relief.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to enter into an easement with the Rice Lake Recreational Service District to allow the pooling of water, due to pumping, up to an elevation of 2072’ located on the described property: Government Lots 3, 4, 5 and the SE¼ NW ¼ of Sec. 2 Township 152 North, Range 85 West (Rice Lake Township), subject to approval of the lessee, and to be reviewed on an annual basis. Roll call: all voted yes; motion carried.

 

At 10:11 a.m. the meeting was recessed.

 

At 10:18 a.m. the meeting was reconvened with all members present except Comm. Christianson.

     

Mike Braun appeared to request that the Rice Lake Recreational Service District be allowed to use material from clay deposits located on the Ward County Land in Rice Lake Township, currently being leased to Mr. Robert Magandy, to raise the Rice Lake service road. Moved by Comm. Fjeldahl, seconded by Comm. Nyakken to authorize the Rice Lake Recreational Service District to use clay deposits on County land near the Rice Lake lagoon to build an emergency grade raise on the Rice Lake service road, subject to an agreement with the current lessee. Roll call: all voted yes; motion carried.

 

Dana presented a job description for the Ward County Public Assistance Coordinator. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the position to be advertised, under the supervision of the Highway Department, in the amount of approximately $35 per hour with time, expenses, and mileage to be independently listed by project worksheet. Roll call: all voted yes; motion carried.

 

Dana updated the Commission on the Oil and Gas Meeting. Four paving projects in the amount of $6.8 million were approved under the Oil and Gas Program, 10% of which will be County funded. Ward County has submitted 5 projects for gravel road repairs eligible for the County and oil impacted townships.

 

The Equipment Operator positions were again advertised and three applications were received. After interviews, Travis Primeau was hired. After his hire, he was found to be relative of a current Highway Department employee and Ward County Policy that states, “no applicant directly related to an employee will be hired within a division without the expressed approval of the Ward County Commissioners.”  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to make an exception to the policy and approve the hire of Mr. Primeau. Roll call: all voted yes; motion carried.

 

Dana presented the bids for crack sealing and striping. Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the crack sealing bid for 61 miles of paved roadway submitted by ASTECH Corp. in the amount of $165,022.40 and the 129 miles of roadway center and edge line striping bid submitted by J & J Striping in the amount of $109,354.80. Roll call: all voted yes; motion carried.

 

Emergency Manager Alan Reynolds appeared. Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve Alan Reynolds and Devra Smestad as Co-Applicant Agents for Ward County for the 2011 flood disaster. Roll call: all voted yes; motion carried.

 

Juvenile Detention Administrator Allison Hughes appeared. Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the Juvenile Detention Policies and Procedures as presented. Roll call: all voted yes; motion carried.

 

Captain Bob Barnard appeared. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve application for a Domestic Violence Stop Grant as presented. Roll call: all voted yes; motion carried.

 

IT Administrator Jason Blowers appeared. Jason updated the Commission on the Gates Grant, the TechNet program through Microsoft, and presented the RFP for the phone system and wiring. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve publication of the Request for Proposal to upgrade, replace and extend the telephone and data network infrastructure in the Ward County Courthouse and the Ward County Jail located.  Roll call: all voted yes; motion carried.

 

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

 

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

Roll call: all voted yes; motion carried.

 

Mike presented the plat recommended for approval by the Ward County Planning Commission. Moved by Comm. Fjeldahl, 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: Norman Sollid, surveyor, on behalf of Candace Collins, Outlot 1 of E2NE Section 3-151-82, Iota Flat Township. Roll call: all voted yes; motion carried.

 

Auditor/Treasurer Devra Smestad presented items to the Board. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to receive and file the following correspondence: NDDOT – Bechtold Paving Contract; Souris Basin Planning Council – Basil O’Connell Community Leadership Award; Public Service Commission – Enbridge Permits; City of Minot – Plat & Variance; Lightowler Johnson Assoc. – Hwy 2 & 52 Ditch Replacement. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to receive and file the monthly reports including financial report & Sheriff’s Activity Report.  Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the Special Event Permits for VFW Post 573 and M&S Concessions. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following Gaming Site Authorization Permits:  Minot Junior Golf Association – Hooterville Bar; MSU Beaver Boosters Inc. – NDSF Flickertail Gardens; MSU Beavers – NDSF The Pub. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the Raffle Permit for Western ND Golf Inc. Roll call: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to rescind the following motion: “Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the application for liquor license by C2 Rockn Productions” approved at the April 19, 2011 meeting. Roll call: all voted yes; motion carried.

 

Devra advised the Commission that since Ward County is an at large, by large County, redistricting is not necessary; however, per Ward County Home Rule Charter, a Redistricting Committee will need to be assembled to meet the first part of June. Comm. Gruenberg said he would review the criteria for the Committee.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the appointment of Rita St. Croix to the Kenmare Planning Commission Committee for a five year term to expire on May 17, 2016. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken that the following payroll amendments be approved: Nichole Amon – Sheriff’s Department – Office Assistant (Level 10); Evan Brandt – Highway Department – Seasonal Highway/Park Maintenance (Level 14); Linda Brunner – County Library – Temp. Library Administrator (Level 21); Kayla Gathman – Social Services – Eligibility Worker I (Level 17); Joel Lawson – Weed Control – Seasonal Weed Control Sprayer (Level 15); Diana Marten – Library – Substitute Librarian (Level 8); Ardis Neshem - Library – Substitute Librarian (Level 8); Odd Osteroos – Weed Control – Seasonal Weed Control Sprayer (Level 15); Travis Primeau – Highway Department – Equipment Operator (Level 17);  Jeannette Simonson – Library – Substitute Librarian (Level 8); Sarah Yanish – Extension Service – Temporary Hire (Level 4)Roll call: all voted yes; motion carried.

 

At 11:35 a.m., with no further business, the meeting was adjourned. 

 

ACCEPTED AND APPROVED THIS 7^th DAY OF JUNE, 2011.     

s/ Jerome Gruenberg

Chairman, Ward County Board of Commissioners

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County