November 15, 2011 Regular Commission Meeting

Minutes of the Board of Ward County Commissioners

November 15, 2011

 

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

 

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

 

      Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the minutes from the November 15, 2011 regular meeting. Roll call: all voted yes; motion carried.

 

      Smestad presented the bills. Moved by Comm. Nybakken, seconded by Comm. Erickson to approve 2011 Social Welfare bills of $356,305.01, Human Service bills of $61,434.47 and the following regular bills totaling $5,443,354.15.  Roll call: all voted yes; motion carried.

 

      Highway Engineer Dana Larsen appeared.  Moved by Comm. Christianson, seconded by Comm. Erickson to move forward with the loan application process through the Bank of North Dakota, $8 million obtained as certificate of indebtedness and $2 million as a general obligation bond, and requested the Auditor and Scott Wegner of Arntson, Stewart, Wegner, P.C.to present a Resolution to the commission at the December 6, 2011 meeting. Roll call: all voted yes; motion carried. Comm. Christianson asked State’s Attorney Roza Larson to review the Home Rule Charter to see what it may say about the County obtaining indebtedness.

 

      Larsen updated the Commission on the ER Road repairs throughout Ward County. Moved by Comm. Erickson, seconded by Comm. Fjeldahl to receive and file the ER Road Repair Report. Roll call: all voted yes; motion carried.

 

      ESF-14 FEMA representative Steve Greene appeared. Greene stated that a draft plan from the community input meetings has been sent out and in a week, the comment period will end. The comments will then be incorporated into the plan and in December it will be placed before this Commission for adoption.

 

      FEMA Deputy External Affairs Liaison Officer Colette Blummeister appeared. Blummeister handed out information to the Commission on the status of FEMA projects in Ward County. She also informed the Commission that they can call her with any concerns or questions any time.

 

      Emergency Manager Amanda Schooling appeared. Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the Memorandum of Understanding for an Emergency Operations Center between Ward County and the First District Health Unit. Roll call: all voted yes; motion carried.

 

      Ward County Water Resource Board member Maurice Foley and Emily Huettl from Ackerman Estvold appeared. Auditor/Treasurer Devra Smestad stated that a loan agreement was presented to the Ward County Water Resource Board at their last meeting, and upon review, their attorney and the Board would like to request changes be made for the purpose of the loan. Moved by Comm. Christianson, seconded by Comm. Fjeldahl to reconsider the original motion made November 1, 2011 as follows: Moved by Comm. Christianson, seconded by Comm. Erickson to approve the $100,000 loan, to be repaid by June 30, 2012 at the going interest rate (currently 1.5%), for repair on the levy/dike system near Burlington. Roll call: all voted yes; motion carried. Moved by Comm. Christianson, seconded by Comm. Fjeldahl to amend motion to state language as followed: Ward County will loan the sum of $100,000 to the Ward County Water Resource District for the purpose of repairing damages to non-federal levee/dike systems and other damages related to the 2011 flood.  Said loan shall accrue interest at the rate of 1.5% per annum and shall be repaid in full on or before June 30, 2012. Roll call: all voted yes; motion carried. Roll call vote on motion as amended: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Fjeldahl to reconsider the original motion made November 1, 2011 as follows: Moved by Comm. Fjeldahl, seconded by Comm. Erickson to provide up to $50,000 grant to the Ward County Water Resource Board, after January 1, 2012, for the application and the research required to file the mitigation application for Puppy Dog Coulee. Roll call: all voted yes; motion carried. Moved by Comm. Christianson, seconded by Comm. Nybakken to amend the Ward County Water Resource Board to the Souris River Joint Board and strike Puppy Dog Coulee and replace with the application for HMGP for flooded home acquisitions property. Roll call: all voted yes; motion carried. Roll call vote on motion as amended: all voted yes; motion carried.

 

      Kings Court resident Shelly Weppler appeared. Weppler addressed concerns for the Kings Court area and the proposed flood plan for the Mouse River. Weppler reminded the Commission that the residents of this area were able to hold back the river during the 2011 flood. The proposed plan will split the development and the acquisition process will remove residents from homes that were not affected. The residents of this area had a meeting and wanted the following concerns on record: (1) The Highway 83 bypass bridge has been stabilized but this narrowed the pass beneath for the flow of water and in Spring 2012, this decision may cause great concern; (2) The bladders used to keep the Bypass open caused a dam effect that effected individuals upstream that may not have been effected if the flow of water not slowed by the bladders; (3) Concern about Talbotts Trailer Court, the new owners intent and the proposed dike system. The residents wanted their concerns on record.

 

      States Attorney Roza Larson appeared. Moved by Comm. Christianson, seconded by Comm. Nybakken to adopt the following policy for the Eight Effective Methods of Motion Making:

1)     Submit in writing a clear concise description of the issue.  Preferably in one sentence

2)     Submit in writing a clear concise motion that addresses all the elements that are needed for the action to be carried out.

a.     As part of the motion, consider, and if necessary, include the funding amendment, any sunset provisions, effective date, who will carry out the action needed (supervise)

b.    Attached to the motion should be any comments and opinions that are needed for the action to be carried out.  Such as comments from the Auditor regarding funds available, from the State’s Attorney’s office regarding legality (ramifications), comments from the person that would be in charge of carrying out, overseeing or performing the action. 

3)     Attached to the motion should be any discussion and research that has been completed or is necessary by the supporter of the action sought.  This includes background of why the action is necessary, pros and cons of the action being approved, and other information that would assist the Board on making informed decisions. 

4)     Also attached to the motion should be who was consulted and involved in the drafting of the motion. (ie: Auditor, County Engineer, State’s Attorney)

5)     The proposed action/motion should also have all enclosures, if necessary, provided to the Board members that include the details of the action.

6)     Finally the action/motion should have a recommendation by the sponsor of the action.  Such as the Planning and Zoning committee or the County Engineer committee, or the Sheriff, etc.

Roll call: all voted yes; motion carried.

 

      Larson asked to postpone the voluntary acquisition policy discussion until a later meeting. She suggested that the Commission complete the questions that were included in the Memo from Howard D Swanson. Comm. Gruenberg suggested that the Commission set a meeting time and invite Swanson, Major General Sagsveen, a representative from the Engineering firm, Emergency Manager, and any other individuals that are key for this project. The meeting will be Tuesday, November 29, 2011 at 1:00 p.m. in the Ex Serviceman’s Room. Emergency Manager Amanda Schooling will contact these individuals and let them know of the meeting.

 

      Jail Commander Penny Erickson appeared. Moved by Comm. Nybakken, Seconded by Comm. Erickson to approve the bid for 5 additional cameras in the Jail from Reliance ($2315) and the wiring bid from Main Electric ($3016).  Roll call: all voted yes; motion carried.

 

      Zoning Administrator/Building Inspector Mitch Flanagan appeared. Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the 6 applications for Mobile Home tax abatements in the amount of $463.10. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the zone change (A1 to R1) requested by Troy Westmeyer for the following described property: Outlots 6 & 7 SESW Section 2-153-83, Freedom Township; and the Variance application to allow a certain building in the public right of way requested by Clara Pister for the following described property: Lots 1 & 2 Wolseth Addition, Section 3-157-81, Margaret Township. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the plat applications requested by Jerome Walsh for the following described property: Outlot 3 of SE Section 35-156-82, McKinley Township; and Clayton Hanson for the following described property: Outlot 1 of NENE Section 21-154-85, Rolling Green Township. Roll call: all voted yes; motion carried.

 

      Flanagan presented the demolition bids. Schloessen Excavation and Strata Corporation were disqualified due to lack of a bond. Moved by Comm. Christianson, seconded by Comm. Fjeldahl to award the demolition bid to Brown Construction DBA – American Builders. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Nybakken to authorize the Chairman to sign the Demolition Contract once the final contract has been prepared by Warcup and Swanson. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Nybakken, seconded by Comm. Erickson to accept the resignation letter from Rob Kondos. Roll call: all voted yes; motion carried.

 

      IT Administrator Jason Blowers appeared. Blowers presented information for the new phone system in the Jail and the Courthouse. With the increased demand upon the existing system and the need for extra phone lines, Blowers presented a new agreement that would change the 18 line system currently in the facility to a 23 line system for an additional cost of $18.40 a month. This new contract also has a one-time installation fee of $497.  Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the 3 year service agreement with SRT for the 23 Channel PRI in the amount of $969.21 per month. Roll call: all voted yes; motion carried.

 

      In the re-wiring process, to avoid placing conduit in the view in the Commissioner Room, Blowers proposed placing a Cisco Catalyst - 8PC-S Compact Switch under the table. This would provide a better phone system and network capability currently not available. Moved by Comm. Christianson, seconded by Comm. Erickson to accept the bid from Ebel for the Compact Switch in the amount of $1,985. Roll call: all voted yes; motion carried.

 

      Blowers updated the Commission on the wiring changes in the Courthouse and the Jail.

 

      Auditor/Treasurer Devra Smestad appeared. Moved by Comm. Nybakken, seconded by Comm. Erickson to receive and file the following correspondence: SWCA – Environmental assessment; NDLTAP/UGPT1 – Oil & Gas producing Counties Assistance Conference; First District Health Unit – Nuisance Abatement; Carlson McCain – Proposed Oil & Gas Extraction location on Forth Berthold Reservation. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to receive and file the monthly reports including the financial report and the Sheriff’s September 2011 report. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to approve the following Special Event Permits: 2 - VFW Post 753 and 3 - M&S Concessions. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Comm. Christianson to recognize Friends of the NRA as a public spirited community group and to approve the raffle permits for the Blue Line Club, Dakota Elementary TRA, 17^th Munitions Squadron Top 4, and Friends of the NRA. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Nybakken that the Board hereby approves the quit claim deeds for the following tax foreclosed properties redeemed by owner prior to sale date:

Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Christianson to make the following Commission Board appointments:

 

            1.         All Seasons Arena Commission – 1 opening - Jeffrey McElwain

            2.         Minot City Planning Commission – 2 openings – Todd Koop  &   Larry Holbach

            3.         North Central Human Services Advisory Council – 2 openings – Mary Thomason  and Molla Romine

            4.         Ward County Water Resource Board – 1 opening – Gordon L Krueger.

Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Nybakken to have the Personnel Committee review all of the Juvenile Detention Administrator Applications and narrow the selection for the interview process. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Fjeldahl that the following payroll amendments be approved: Carmen Bloms – Admin. Assistant – Recorder (Level 14); Michelle Frye – Office Assistant – State’s Attorney (Level 10); Ann Millerbernd – Patrol Deputy – Sheriff’s Department (Level 19); Travis Schmit – Assistant County Engineer – Highway Department (Level 29); Gavin Weiand – Correctional Officer – Sheriff’s Department; Cleo Berven – Acting Director V – Social Services (Level 33). Roll call: all voted yes; motion carried.        

 

      At 11:23 a.m., with no further business, the meeting was adjourned.  

 

ACCEPTED AND APPROVED THIS 6th DAY OF DECEMBER, 2011.     

s/ John Fjeldahl

Chairman, Ward County Board of Commissioners

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County