December 18, 2012

Minutes of the Board of Ward County Commissioners

 

December 18, 2012

 

            The regular meeting of the Ward County Commissioner was called to order by Chairman Nybakken at 9:00 a.m. with Comm. Fjeldahl, Gruenberg, Walter, and Weppler present.  Also present were Highway Engineer Dana Larsen, States Attorney Roza Larson, Auditor/Treasurer Devra Smestad, Sheriff Steve Kukowski, Emergency Manager Amanda Schooling, County Recorder Betty Braun, Planning/Zoning Administrator Amber Turnquest, Director of Tax Equalization Seth Hagen, Extension Agent Lori Scharmer and Weed Board Director Derrill Fick.

            Moved by Comm. Gruenberg, seconded by Comm. Weppler to approve the agenda with additions. Roll call: all voted yes; motion carried.

            Moved by Comm. Walter, seconded by Comm. Fjeldahl to approve the minutes of the December 4, 2012 regular meeting as corrected.  Roll call: all voted yes; motion carried.

            Smestad then presented the bills.  Moved by Comm. Gruenberg, seconded by Comm. Walter to approve the 2012 Social Welfare bills of $412,439.89, Human Service bills of $58,649.40 and the regular bills totaling $522,048.71.  Roll call: all voted yes; motion carried.

            Roger Mazurek appeared on behalf of the YMCA.  Moved by Comm. Weppler, seconded by Comm. Walter to approve the resolution to reduce the bond interest rate on the County’s Municipal Industrial Development Act Refunding Bond (The Young Men’s Christian Association of Minot, North Dakota Project) Series 2009.  The resolution would reduce the Bond interest rate from 5.88% annually to 5.38% annually.  Roll call: all voted yes; motion carried.

            Director Connie Philipenko appeared on behalf of the Long Term Recovery Committee.  Philipenko updated the Commissioners on the committee’s progress.  A total amount of $10,065,000 has been collected.  Donations and grants will go back to every individual based on needs and qualifications.  So far, 802 residents in Ward County have applied.

            ND Atmospheric Resource Board Representative Darin Langerud and Mark Schneider appeared and presented the 2012 annual report.  Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to receive and file the 2012ND Atmospheric Resource Board Annual Report.  Roll call: all voted yes; motion carried.

            At 9:35 a.m. Comm. Nybakken opened the Public Hearing to terminate Resolution #3-2009 “Property Tax Exemption on New Single Family, Condominium, and Townhouse Residential Property”.  One individual appeared for comment and agreed the tax exemption should be terminated. Moved by Comm. Fjeldahl, seconded by Comm. Walter to terminate Resolution #3-2009 on December 31, 2012.  Roll call: all voted yes; motion carried.

            County Recorder Betty Braun appeared. Moved by Comm. Walter, seconded by Comm. Gruenberg to approve the purchase for a new file cabinet for ownership index cards totaling $2,090.00.  The money will come out of the preservation fund that the recorder’s office has in place.  Roll call: all voted yes; motion carried.

            Emergency Manager Amanda Schooling appeared.

            Moved by Comm. Weppler, seconded by Comm. Fjeldahl to approve the 911 users fee be increased from $1.00 to $1.25 effective January 2013. Schooling recommended the rate charge be reviewed annually for adjustment.   Roll call: all voted yes; motion carried.

            Souris Basin Planning Council member Jason Zimmerman appeared to explain an application request from the City of Burlington for up to $2.7 million from the Low to Moderate Income Community Development Block Grant (CDBG) establishing infrastructure and development.  Moved by Comm. Walter, seconded by Comm. Weppler to approve the CBDG-DR application.  Roll call: all voted yes except Gruenberg who abstained; motion carried.

            Moved by Comm. Walter, seconded by Comm. Fjeldahl to approve entering into a contract with Witt and Associates to prepare the Hazard Mitigation Plan.  The plan contract is being drafted and will be reviewed by the States Attorney. The plan allows cities and the county to apply for grants for home acquisitions, outdoor warning sirens, and projects such as the puppy dog coulee. Roll call: all voted yes; motion carried.

            Planning/Zoning Administrator Amber Turnquest appeared. 

            Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the plat applications for:

Roll call: all voted yes; motion carried.

            Moved by Comm. Weppler, seconded by Comm. Gruenberg to approve the Special Use Permit for the following for a period of 5 years and automatic renewal if nothing has changed as far as use:

Roll call: all voted yes; motion carried.

            Highway Engineer Dana Larsen appeared to propose the 1^st reading of the Ward County Floodplain Zoning Resolution. Significant changes would include the establishment of a County Floodplain Management Area, County Floodplain Management Elevation, County Floodplain Management Flow, and a County Floodplain Management Map.  This would set the requirement for the lowest floor of a structure to be elevated to three feet above the Base Flood Elevation and set the lowest floor of a structure to be elevated three feet above the County Floodplain Management Elevation.   The resolution was produced by FEMA based on the FIRM (flood insurance rate map) and adjusted by Ward County.  A Public Hearing will be held January 15, 2012 concerning the changes to the zoning ordinance.

            Sheriff Steve Kukowski appeared to request updating the jail security system which is in poor condition. The cost will be $22,954.21 with money coming from the commissary fund. The new system will be compatible with the new jail construction planned for the future.  Moved by Comm. Fjeldahl, seconded by Comm. Walter to update the security system in the jail. Roll call: all voted yes; motion carried.

            Kukowski reviewed the limited parking for county employees as the new county building is completed and informed the Commissioners CP Rail is willing to enter into a lease agreement for the parking lot east of the library.  Comm. Nybakken suggested this go before the Building Space Committee and requested further negotiation. Moved by Comm. Walter, seconded by Comm. Weppler to consider the opportunity to lease the property for Ward County employee parking.  Roll call: all voted yes; motion carried.

            Director of Tax Equalization Seth Hagen appeared.

            Moved by Comm. Weppler, seconded by Comm. Fjeldahl to approve the following property which qualifies for the homestead credit exemption:

 

Following owners have built garages:

 

Following properties have been effected by the 2011 flood:

 

Following property is eligible for the military exemption:

Roll call: all voted yes; motion carried.

            Hagen presented mobile homes that need to be removed from the 2012 tax roll due to abandonment.  Comm. Fjeldahl requested the rules on how to cover abandoned properties and in what extent is it taken off the tax roll. Moved by Comm. Weppler, seconded by Comm. Fjeldahl to table the motion of mobile homes recommend for removal from the 2012 tax roll. Roll call: all voted yes; motion carried.

            Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file the memo regarding Wesley Hagen’s resignation as assessor for Berthold Township effective 2013.  Roll call: all voted yes; motion carried.

            Tax Director Seth Hagen brought to the Commission’s attention the oncoming requests from townships requesting Ward County to assume responsibility for building permits, inspections, and zoning duties.  States Attorney Roza Larson appeared. It is recommended that Ward County enter into a Joint Powers Agreement before taking on those responsibilities.  It is also the recommendation of the county inspection department, that a flat rate of 75 dollars/hour, as well as the county mileage rate of .555 be the official charges as part of the Joint Powers Agreement.  This plan will call for an annual review of the above mentioned fees.  Moved by Comm. Walter, seconded by Comm. Fjeldahl to assume responsibility of Berthold Township assessing and discuss a Joint Powers Agreement with them for the building permit, inspections, and zoning duties.  Roll call: all voted yes; motion carried.

            Human Resource Coordinator Colleen Houmann appeared.

             Moved by Comm. Walter, seconded by Comm. Weppler to approve the Dental Insurance Contract with Companion Life for Ward County employees beginning January 2013. Roll call: all voted yes; motion carried.

            Moved by Comm. Weppler, seconded by Comm. Fjeldahl to approve the annual contract between Ward County and The Village Business Institute EAP Full Service Contract for Services Employee Assistance Program. Roll call: all voted yes; motion carried.

            States Attorney Roza Larson appeared. Moved by Comm. Weppler, seconded by Comm. Walter to approve the appendix to ordinance 2012-1.  The appendix is to establish and regulate the collection of sales tax specified in Ward County 2012-1, approved by the Ward County Commission on August 15, 2012, and electors of Ward County on November 6, 2012, and for a sales, use, and gross receipts tax.  Roll call: all voted yes; motion carried.

            Financial Consultant Myron Knutson appeared.  The Commission was informed on the Sales Tax Revenue Bonds and services based on current market rates. The Commission brought forth numerous questions concerning the bonds and the fee schedule payments. Smestad recommended she meets with Highway Engineer Dana Larson, Architect Don Davison and Myron Knutson to determine how much should be bonded at different stages of the projects.   Moved by Comm. Weppler, seconded by Comm. Fjeldahl to approve the recommendation.

            Building Supervisor Todd Helseth appeared.  Moved by Comm. Gruenberg, seconded by Comm. Weppler to approve the servicing contract with Kevin’s Plumbing and Heating to add glycol to the heating and cooling systems at the Courthouse and Jail.       Roll call: all voted yes; motion carried.

            Auditor/Treasurer Devra Smestad appeared.   

            Moved by Comm. Walter, seconded by Comm. Weppler to receive and file the following correspondences: WBI Energy Transmission – pipelines in Ward County;  ­­­­­­­­­­­­­­­­­­­­­­­­­­­North Prairie Rural Water District – Rate Increase; Molla Romine – Resignation from Ward County Social Service Board; YWCA– Parking Spots; ND Department of Transportation – Notices of Contracts sent; Witt Associates – Assessment of CDBG-DR Suitability: Proposed Makoti Road Project.  Roll call: all voted yes; motion carried.

            Moved by Comm. Gruenberg, seconded by Comm. Walter to receive and file monthly reports, including financial report.  Roll call: all voted yes; motion carried.

            Moved by Comm. Gruenberg, seconded by Comm. Weppler to approve the 2013 Liquor Licenses:

            Applicant                                             Type of License                                  Sundays

            Behms Enterprises, Inc                      Liquor, beer & wine – on & off sale      yes

            Grain Hopper                                      Liquor, beer & wine – on & off sale      yes

            The Hunters Den                                Liquor, beer & wine – on & off sale      yes

            Judith Rice, Individual                         Liquor, beer & wine – on & off sale      yes

            Kenmare Country Club                       Liquor, beer & wine – on & off sale      yes

            M&S Concessions                              Liquor, beer & wine – on & off sale      no

            Minot VFW Club Post 753, Inc.          Liquor, beer & wine – on & off sale      no

            Superpumper, Inc #32                        Liquor, beer & wine – off sale               yes

            Wildwood Country Club                      Liquor, beer & wine – on & off sale      yes

            Minot Gun Club                                   Beer & Wine – on sale                          no

            Laddie, Inc. dba Speedway                Liquor, beer & wine – on & off sale      no

            28 Club, LLC                                       Liquor, beer & wine – on & off sale      yes

Roll call: all voted yes; motion carried.

            Moved by Comm. Weppler, seconded by Comm. Walter to approve the following Commission Board appointments:

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

2.    Weed Control Board – 2 openings – Arvid Carlson and Jerome Behm

3.    North Central Human Services Advisory Council – 2 openings -Lenore Scheresky.

One additional opening remains for the North Central Human Services Advisory Council.  Commissioners requested recommendations from the council to fill the remaining vacancy.  Roll call: all voted yes; motion carried.

            Moved by Comm. Walter, seconded by Comm. Weppler to approve Comm. Nybakken’s appointments to County Boards/Committees.  Roll call: all voted yes; motion carried.

            Moved by Comm. Fjeldahl, seconded by Comm. Walter to rescind the motion from February 20, 2007 regarding open meeting records:

Roll call: all voted yes; motion carried.

            Moved by Comm. Walter, seconded by Comm. Weppler to set the final pay period for this year to December 31, 2012.  Roll call: all voted yes; motion carried.

            Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the year-end budget transfers and amendments as follows:

1.

2.  to increase expense and revenue accounts of the Emergency Fund 121 by $3,728,000 and fund 122 by $1,500,000 for the FEMA revenues and distribution of those revenues to the townships and county.

3. to increase the expense and revenue accounts of Emergency Home Acquisition Fund 123 by $12,006,000 to account for expenses of the voluntary home acquisitions, 75% of which will be reimbursed by ND State Water Commission and 25% by local funds, most of which will be reimbursed by a CDBG-DR.

4. to increase the Insurance Property Premiums by $8,975 to be covered by the reimbursements made throughout the year to the account.

5. to increase the Park Board expense budget by $45,000 due to the cost of the flood repair, which will be covered by FEMA reimbursements and additional camping fees.  

6. to increase the two accounts with the Highway Department as follows due to the construction of Emergency Relief Projects and other road repairs:

Roll call: all voted yes; motion carried.

            Moved by Comm. Walter, seconded by Comm. Weppler to approve transfer of oil impact funds to townships for reimbursement of $500/mile.

Roll call: all voted yes; motion carried.

            Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to pre-approve the payment of the end-of-year bills, with a report going to the Commission prior to payment.  Roll call: all voted yes; motion carried.

            Moved by Comm. Gruenberg, seconded by Comm. Weppler that the following payroll amendments be approved: Chelsea Modlin – Social Worker III – Ward County Social Services (Level19); Dessa Krebsbach – Social Worker III – Ward County Social Services (Level 23); Joseph Halseth – Social Worker III – Ward County Social Services (Level 23); Anastasia Coley – Correctional Officer – Sheriff’s Department (Level 16); Amy Krueger – Administrative Assistant I – Ward County Social Services (Level 16).  Roll call: all voted yes; motion approved.

            Smestad asked if the Commissioners would like to set up a breakfast meeting with the legislators before January 8, 2012.  It was decided to meet with Legislators for a breakfast meeting on January 3, 2012 at 7:30 a.m. at the Ward County Courthouse in the Ex-Servicemen’s room.

            Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to accept the resignation from Social Services Board of Molla Romine.  Roll call: all voted yes; motion carried.

            Comm. Walter requested moving forward into 2013 using a consent agenda. Both types of agendas will be prepared for the next commission meeting.

            Comm. Nybakken requested a special meeting with the Building Space needs committee be set sometime in January of 2013.

            At 12:10 p.m., with no further business, the meeting was adjourned.