September 6, 2011 Regular Meeting Minutes

Minutes of the Board of Ward County Commissioners

September 6, 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. Erickson to approve the agenda with additions or corrections. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the minutes of the August 16, 2011 regular meeting, the August 22, 2011 budget hearing meeting, and the August 22, 2011 special 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 $49,909.94 and the regular bills totaling $1,138,184.86. Roll call: all voted yes; motion carried.

 

      Highway Engineer Dana Larsen appeared and updated the Commission on completed projects and a couple that are almost completed. He also updated the Commission on six projects that are awaiting approval from the State to begin the work.

 

      Resident Vicky Haider appeared to discuss the drainage issues in the Countryside Villas and Whispering Meadows Additions.  She explained that there has been an issue with drainage near their home over the last 15 years and it continues to get worse. After repeated discussions with the Ward County Water Board and several attempts at “fixing” the problem, Haider pleaded with the Commission for their assistance. Comm. Gruenberg asked John Pietch from the Ward County Water Resource Board to step to the podium to discuss the matter. Pietch said that because the Water Resource Board has done some work in the area already, they may be legally obligated to solve the issue. Comm. Fjeldahl asked about the letter Haider referenced addressing the FEMA temporary housing park.  Comm. Gruenberg asked if the Corp or FEMA resumes responsibility of this drainage issue when they began this project. Individual Housing Specialist Tim Butler with FEMA appeared. He stated that this issue does involve both FEMA and the Corp. He stated all issues would have been addressed in the initial meetings and studies for the temporary FEMA site “9A”.  He also stated that the Ward County Engineer was present at these meetings. Comm. Gruenberg asked why is the City of Minot involved in the planning of this facility. Dana Larson appeared. Larson expressed that he did attend the first meetings for site 9A and expressed concerns on downstream water issues.  The City of Minot has the planning and zoning in that area and that the specifications of the planned project meet the current requirements. Larson and Pietch also stated that the water does not drain from this area to the Mouse River but rather into Sundre Sand and Gravel Pit and then goes underground. Neither is sure what the fix would be for this area but both feel that retention ponds to release water at a metered rate from site 9A would only compound the existing situation. Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to recommend that the Ward County Water Resource Board set a meeting with FEMA, the Corp, and the City of Minot to discuss a plan to resolve issues with drainage in the proposed area and then present the plan to the Commission. Roll call: all voted yes; motion carried.

 

      Comm. Fjeldahl presented information in light of the flood event of 2011. Moved by Comm. Fjeldahl, seconded Comm. Christianson to immediately put the government agencies including the U.S. Fish and Wildlife, the U.S. Army Corps, Saskatchewan Watershed Authority on notice to lower levels of any water retention structures managed by the entities at levels which first protects man and his property above game and its habitat. Roll call: all voted yes; motion carried.

 

      Comm. Fjeldahl continued his discussion points and presented a $75,000 home/property exemption for residents who were affected by the flood once the renovation is completed, but no longer than two years or upon sale of the property. State’s Attorney Roza Larson appeared and asked to research the potential exemption before any motion is made. Larson wants to make sure that the Commission has the legal right to make such a motion.

 

      Comm. Fjeldahl also asked that no new building permits be allowed in the flood affected areas as defined by the 2011 inundation maps.  Larson stated that this motion would be a moratorium on building and maybe this needs to be addressed with the planning and zoning committee. Moved by Comm. Christianson, seconded by Comm. Erickson to refer this matter to the Planning and Zoning Committee and have their recommendation be brought back to the Commission on October 4, 2011. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Nybakken to enter into Phase I agreement with Adjustors International (AI) for $5,800 direct the Auditor to fulfill Ward County responsibility stated on page 4 of the proposal; and upon completion of Phase I evaluation, AI to provide Ward County with the final report. Roll call: Comm. Christianson, Nybakken, Erickson, and Gruenberg voted yes; Comm. Fjeldahl voted no; motion carried.

 

      Emergency Manager Amanda Schooling appeared and presented the Data Technician  position in two ways – as a full time employee or as a contract position. Smestad stated the Commission needs to decide on how this position will be advertised; through a Request for Proposal or as a full time employee. Moved by Comm. Nybakken, seconded by Comm. Erickson to advertise the Data Technician position as a full time 3 year employee position. Roll call: Comm. Nybakken, Erickson, and Gruenberg voted yes; Comm. Fjeldahl and Christianson voted no; motion carried.

 

      ESP- 14 representative Karyl Pierpont appeared and updated the Commission on work that is currently being concentrated on in the Cities and areas in between. ESP-14 will begin meeting with the communities impacted and Pierpont stressed the importance of community input.

 

      Zoning Administrator/Building Inspector Mitch Flanagan and Emergency Manager Amanda Schooling appeared to discuss the Request for Bids for the Demolition of Mobile Homes in Ward County.  Moved by Comm. Christianson, seconded by Comm. Fjeldahl to approve the Preliminary Request for Bids with Final approval being determined by the Emergency Manager and Building Inspector and authorize the Chairman to sign. Roll call: all voted yes; motion carried.

 

      At 10:40 a.m. the meeting was recessed.

 

      At 10:47 a.m. the meeting was reconvened.

 

      NDSU Extension Agent Lori Scharmer appeared and presented proposals for a copier. Moved by Comm. Fjeldahl, seconded by Comm. Erickson to accept the proposal from Midwest Business Systems Sharp MX-2610N copier in the amount of $5,870.00. Roll call: all voted yes; motion carried.

 

      Recorder Sheila Dalen appeared with an addendum to the Tyler Contract. Moved by Comm. Christianson, seconded by Comm. Erickson to approve the addendum to the Tyler Contract and authorize the Chairman to sign. Roll call: all voted yes; motion carried.

 

      Director of Tax Equalization Mike Vendsel appeared. Vendsel presented an abatement form for those mobile homes destroyed by the 2011 flood and let the Commission know that approximately 448 people qualify for the 2^nd half refund.  Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the tax abatement form as presented and to authorize the abatement of the 2^nd half of those taxes not yet paid. Roll call: all voted yes; motion carried.

 

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

 

The following have provided documentation and qualify for the disabled veterans exemption:

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

Roll call: all voted yes; motion carried.

 

      Zoning Administrator/Building Inspector Mitch Flanagan appeared.  Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the request  for variance by Keith Hegney for 18 campsites located on Lot 2 of Whispering Meadows 4^th Addn being Por of Lot 7 Whispering Meadows 2^nd Addn Section 34-155-82, Nedrose Township, with the permit beginning May 1, 2011 and expiring April 30, 2013. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to approve the Special Use Permit for MYKYTE Enterprises, LLC for Outlot 4 being Outlot 3 and Unplatted portion W2SE lying East of Hwy 52 Section 18-156-84, Kirkelie Township. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the zoning change requested by Bryan and Valarie Hoskin for Lot B of Outlot 5 of the SESE Section 5-155-83, Harrison Township. Roll call: Comm. Erickson, Nybakken, Christianson, and Gruenberg voted yes; Comm. Fjeldahl voted no; motion carried.

 

      Comm. Fjeldahl presented the recommendations from the Personnel Committee. Moved by Comm. Christianson, seconded by Comm. Erickson to re-advertise the Assistant County Engineer position up to mid-point and advertise for 30-40 days. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Nybakken to separate the Tax Equalization Department from the supervision of the Auditor/Treasurer Department with clarification of any change of duties and that the following concerns of Comm. Christianson be addressed:

      1.     Many things need to considered when changing a position to a Department head position;

      2.     We do not fully know why this position was placed under the supervision of the Auditor/Treasurer and why;

      3.     The Auditor’s office and the Tax Equalization office work together and believes they should be supervised as such;

      4.     There are several issues that still need to be resolved; i.e. tax information available on the web site;

with the concerns being addressed prior to January 1, 2012. Roll call: Comm. Fjeldahl, Nybakken, and Gruenberg voting yes; Comm. Christianson and Erickson voting no; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Fjeldahl to approve the policy change under the Requests for Donated Leave Policy by eliminating the sentence “Only leave as a result of a catastrophic nature maybe considered.” Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Comm. Christianson to ratify the action of the Personnel Committee in the promoting of Betty Braun to Recorder. Roll call: all voted yes; motion carried.

 

      Auditor/Treasurer Devra Smestad appeared.  Smestad let the Commission know that the new mill levy rate will be $190,258, not $180,500. The City of Minot and Ward County did not have as high of adjustments as initially projected; therefore, the mill rate increased. Moved by Comm. Christianson, seconded by Comm. Erickson to levy $380,000 under the General Fund to be transferred to the Road & Bridge fund for road repairs in 2012. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to allow the Auditor to keep the Senior Citizen and Garrison Diversion at 1 mill levy rate and the Farm 2 market at 10 mill levy rate if there is a change in the mill rate once central assessed values are confirmed by the State. Roll call: all voted yes; motion carried.

      Moved by Comm. Fjeldahl to adjust the Sheriff Department budget from the proposed 3 officers and 3 patrol cars down to 2 each. Motion failed for lack of 2^nd.

 

      Moved by Comm. Christianson, seconded by Comm. Nybakken to receive and file the preliminary budget as presented and amended. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to set the Public Hearing on the Preliminary Budget for Tuesday, October 4, 2011 at 9:00 a.m. Roll call: Comm. Christianson, Erickson, Nybakken, and Gruenberg voted yes; Comm. Fjeldahl voted no; motion carried.

 

      Auditor/Treasurer Devra Smestad appeared. Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to receive and file the following correspondence: SWCA - environmental assessment; ND Dept. of Health – Oak Valley Waste Management Facility; Residents of Berthold – Letter to Judge Mattson; 1^st District Health Unit – Nuisance abatement; Great Plains Center – NW Rural Consortium; Kevin Paschke – Williston Basin Energy Festival; Federal Energy Regulatory Commission – Tioga Lateral Project;  Sheriff Kukowski­ – July monthly report; Judge Mattson – Response to Berthold Residents; Crowley Fleck – Cenex Pipeline 10 year plan. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the following Duplicate Warrant requests: Louser & Zent - $13.00; Ronald Johnson - $144.96; Devra Smestad - $177.95; Madsen Law Office - $13.00; Caterpiller Financial Service - $47,273.82; Martha Elliot - $147.23; Kenneth & Delilah Jundt - $344.00; United Lender Services - $108.06; Mark Holter - $25.00; Jon Sheppard - $20.62; and Willie Graham - $41.80. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to approve the raffle permit application for Minot Y’s Men’s Rodeo. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Nybakken to deny, as recommended by the State’s Attorney Office, the raffle permit application for Z Crafts. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Fjeldahl to participate in the Western ND Regional Sustainability Consortium and authorize Chairman to sign documents as well as agree to the Memorandum of Understanding and authorize the Chairman to sign. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the annual audit proposal from Rath & Mehrer in the amount of $9,400. Roll call: Comm. Fjeldahl, Nybakken, Erickson, and Gruenberg voted yes; Comm. Christianson voted no; motion carried.

 

      Moved by Comm. Nybakken, seconded by Comm. Fjeldahl that the Board hereby approves the County Deed for the following tax foreclosed property redeemed by previous owner: Dennis Heesch, KN000010700120, Original Kenmare Lots 11 & 12 Blk 7 Kenmare City. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Christianson, seconded by Comm. Erickson to reaffirm the 9/11 Resolution adopted on August 16, 2011. Roll call: all voted yes; motion carried.

 

      Moved by Comm. Erickson, seconded by Comm. Nybakken that the following payroll amendments be approved : Betty Braun – County Recorder – Recorder – Level 25; Ken Eraas – Weed Control Sprayer – Weed Control – Level 15; Jessica Hruby – Juvenile Detention Officer – Juvenile Detention – Level 16; James Mertz – Engineering & GIS Specialist – Highway Department – Level 19; Teresa Stricker – Ward Co. Social Services – Temp. Hourly Social Worker III – Level 21; Chuck Weiser – Weed Control Sprayer – Weed Control – Level 15. Roll call: all voted yes; motion carried.

 

      Comm. Fjeldahl asked that the Highway Committee meet with residents near the Rice Lake, Douglas, Makoti, Ryder areas. The Commission agreed that a date needs to be set and the meeting should be held at the Makoti Senior Citizen Center.

 

            At 12:11 p.m., with no further business, the meeting was adjourned.