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February 7, 2012 Regular Commission MeetingMinutes of the Board of Ward County Commissioners
February 7, 2012
The regular meeting of the Ward County Commission was called to order by Chairman Fjeldahl at 9:00 a.m. with Comms. Gruenberg, Christianson, Erickson, and Nybakken present. Also present were Highway Engineer Dana Larsen, States Attorney Roza Larson, and Auditor/Treasurer Devra Smestad.
Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the agenda with additions or corrections. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the minutes from the January 17, 2012 regular meeting and the January 30, 2012 special meeting. Roll call: all voted yes; motion carried.
Smestad presented the bills. Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve 2012 Social Welfare bills of $41,737.79 and the following regular bills totaling $482,200.40. Roll call: all voted yes; motion carried.
Sheriff Steve Kukowski and NDDOT Safety Division Officer Mark Nelson appeared to present Deputy Nicholas Boys an award for the Traffic Safety Award.
Emergency Manager Amanda Schooling appeared. Moved by Comm. Christianson, seconded by Comm. Erickson to adopt the Ward County Emergency Shelter Plan. Roll call: all voted yes; motion carried.
Schooling then presented a Memorandum of Understanding (MOU) on the use of facilities for shelters in the event of a disaster (outside of city limits). Assistant States Attorney Robert Slorby appeared. Moved by Comm. Christianson, seconded by Comm. Gruenberg to approve the MOU for shelter facilities outside of city limits. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Gruenberg to grant authority to Amanda Schooling in her capacity of Emergency Manager Director to sign the agreements on behalf of the County for shelter facilities outside of city limits. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the recommendation of the Personnel Committee to change the Planner Contract position to a full time Assistant Emergency Manager position at a pay grade of 20. Roll call: all voted yes; motion carried.
Schooling asked the Commission to form a committee to evaluate and assess which projects would qualify best under the Community Development Building Grant (CDBG) that has been made available. Schooling stated that Highway Engineer Dana Larsen and Auditor/Treasurer Devra Smestad would be on the Committee but she would like to have two Commissioners. Moved by Comm. Christianson, seconded by Comm. Nybakken to appoint to the CDBG Committee Comm. Gruenberg and Comm. Erickson. Roll call: all voted yes; motion carried.
Schooling informed the Commission about the Flood Impacted Political Subdivision Grant that is available through the Board of University and School Lands.
Schooling asked the Commission to form a committee that would help identify options for those residents on the wet-side of the proposed levy system and inform them of potential options available to them. Moved by Comm. Christianson, seconded by Comm. Nybakken to appoint the Commission Chairman and Vice Chairman to the “Non-grant Supported Home Acquisition Committee” (name to be revised at a later date). Roll call: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve and update the Memorandum of Understanding between RSVP+ North Dakota and Ward County. Roll call: all voted yes; motion carried.
Schooling introduced the Fire Chief of the Burlington Fire Department, Carter Lesmann to the Commission. Lesmann informed the Commission on issues regarding their repeater and not receiving pages from dispatch. He stated SRT has a phone bar that could be used along with their pagers but the cost of this bar is approximately $18,000 for 30 members. Comm. Christianson asked if the 911 Committee could help with this. Smestad stated she would let Lesmann know when the next meeting will be, and he could present the information at that meeting.
Jeff Warcup from Swanson and Warcup appeared. He discussed with the Commission the State Water Commission Floodway Acquisition Cost Share Policy that was recently approved. There was discussion over future policies that the County may potentially have to draft. Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to receive and file the January 23, 2012 correspondence from Swanson & Warcup, Ltd. Roll call: all voted yes; motion carried
Ryan Ackerman from Ackerman-Estvold Engineering appeared and asked if the Commission had any questions for him regarding the volunteer acquisition program. There were no questions.
Highway Engineer Dana Larsen appeared. Moved by Comm. Christianson, seconded by Comm. Erickson to authorize the Highway Department to bid the following projects: Structural Overlay of County Road (CR) 9 and CR 14, starting at State Highway 23 and continuing north 16 miles to CR 14 and then west 6 miles to CR 11; Structural Overlay of CR 17 starting at CR 14 and continuing north 2.5 miles to CR 12; and the Reshaping, Graveling, and Base Stabilization of CR 20, west of CR 9, CR 14 west of CR 9, and CR 11 north of CR 10. Roll call: all voted yes; motion carried.
Larsen stated that Ward County was requested by the Federal Highway to get engineering specifications on Transporter Erector (TE) routes for the Department of Defense. Moved by Comm. Christianson, seconded by Comm. Erickson to authorize the Highway Department to place a Request for Qualifications for engineering services to: complete the preliminary engineering, get environmental approval, Right-of-Way and prepare plans for the permanent repair emergency grade raises on missile roads, and for the replacement of a bridge. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to authorize the purchase of one 15 ft Schulte rotary mower from Butler Machinery for $22,000. Roll call: all voted yes; motion carried.
Larsen provided pictures to the Commission of the radio tower and repeater located near Berthold.
Charlie Harrison, property owner in the Whispering Meadows appeared. He asked to have the Ward County Water Resource Board add Whispering Meadows to the hydrology study that is currently being done in the area. Residents of this area are concerned that the 55th St FEMA trailer park is going to cause additional flooding in the area. Comm. Fjeldahl stated that the Commission will forward the request to the Water Board. Resident Sharon Grondahl also appeared to comment.
Dr. Glen Breuer, President of the Ward County Historical Society appeared. Breuer stated that in order for the Historical Society to apply for FEMA funding, they need to obtain flood insurance. The annual flood insurance premium is approximately $6,200. Breuer requested this additional funding from the Commission to assist in paying the 2012 premium. Moved by Comm. Christianson, seconded by Comm. Erickson to refer the information to the Auditor in regards to the funding and options to assist the Historical Society. Roll call: all voted yes; motion carried. Bruce Brooks, Treasurer of the Ward County Historical Society appeared to comment.
At 10:39 a.m. the regular meeting was recessed and the Public Hearing and 2nd reading of 1 year Moratorium on Building Permits and Platting was opened.
Zoning Administrator/Building Inspector Mitch Flanagan appeared. Highway Engineer Dana Larsen also appeared to provide a new inundation map for the boundaries. The new map is from the North Dakota Department of Transportation (ND DOT) and is an aeriel photograph of the Mouse River on June 28, 2011. After reviewing the map, Comm. Fjeldahl opened the hearing for public comment. Property owner John Backes appeared. He handed out satellite photos and legal descriptions of his property. He asked the Commission to exempt his property from the Moratorium. With no other public comment, it was moved by Comm. Nybakken, seconded by Comm. Gruenberg to close the public hearing. Roll call: all voted yes; motion carried. Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the 1 year Moratorium on Building Permits and Platting with the following changes: the wording from the 24,000 cfs inundation map to the high water level inundation area as shown on the ND DOT June 28, 2011 aerial imagery of the 2011 Souris River Flood; and to specifically exclude the Backes property (Dry Creek Properties, LLC) with the legal descriptions as follows: Outlots 9, 48, and 49 of the NW ¼ of Section4-154-82, some portions of which lie within the exclusive extra-territorial jurisdiction of the City of Minot; the currently un-platted portion of the NEW ¼ of Section 4-154-82 that lies between Outlot 5 and the Sundre Valley Addition and which may be referred to as Outlot 50, and plat for which has yet to be approved or filed for record; and Outlot 5 of the NW ¼ of Section 4-154-82. Roll call: Comm. Nybakken, Gruenberg, and Fjeldahl voted yes; Comm. Christianson and Erickson voted no; motion carried.
Flanagan appeared and presented the Commission with the 2011 Petition and Permit Valuation of Ward County. Moved by Comm. Nybakken, seconded by Comm. Christianson to receive and file the report. Roll call: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Christianson to approve the variance application submitted by Bonnie Langley for the following property: Sublot A of Outlot 2 of SESE less RD section 14-154-82. Roll call: all voted yes; motion carried.
Director of Tax Equalization Mike Vendsel appeared. City of Minot Assessor, Kevin Ternes also appeared. Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the following applications for abatement and/or correction of errors of assessments:
The following properties are no longer tax exempt and need to be added to the tax roll for 2011:
The Following have submitted documents and qualify for the two year new construction exemption:
The following have submitted documents and qualify for the disabled veterans exemption:
The following no longer qualify for the homestead credit and it needs to be removed from 2011:
Roll call: Comm. Gruenberg, Nybakken, Christianson, and Erickson voted yes; Comm. Fjeldahl voted no; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Christianson to approve the 6 applications for Mobile Home tax abatements in the amount of $485.21. Roll call: all voted yes; motion carried.
Vendsel presented the new information regarding the 2012 Ag Land Valuations. Moved by Comm. Nybakken, seconded by Comm. Erickson to reduce the ag land valuation to 91% of the 2012 ag valuation as approved by the State Board of Equalization. Roll call: all voted yes; motion carried.
Superintendent of Schools Jodi Johnson appeared. Moved by Comm. Christianson, seconded by Comm. Erickson to allow the Superintendent of Schools to utilize students from Burdick Job Corps to assist in secretarial duties. Roll call: all voted yes; motion carried.
Auditor/Treasurer Devra Smestad appeared. Moved by Comm. Nybakken, seconded by Comm. Erickson to receive and file the following correspondence: Barnes County – Annual Commissioner Day; ND Assoc. Oil & Gas Producing Counties – Vision West ND; Grant Co. Emergency Management – Bridge for Adoption; Rensch Garage – County Rd 9; Lt. Renaud, WCSO – Delinquent Mobile Homes; SBPC – Annual fees and mileage; Mortgage Funding – Cash for real estate; ND DOT – Traffic Counts. Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Nybakken to receive and file the 2011 year-end financial report. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the duplicate warrant request from North Coast Sanitation in the amount of $397.25. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the pledged securities report. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Erickson to approve the quite claim deed to clear title for a deed that was not recorded when purchased at tax sale in 1925 for the following property: MA290010000000, NE S29-155-86 for Paul Arndt. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the following 2012 Contracts and to pay the appropriate allocation:
Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to ratify the pre-approval of the Special Event Permit for the VFW for February 5, 2012. Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the Raffle Permits for North Plains PTA and the Uniform Firefighters Local 1157. Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the Site Authorization application for the American Foundation for Wildlife located at the Back Road Bar. Roll call: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the annual contract with Safran MorphoTrak (Livescan) for Support and Maintenance for the Jail in the amount of $2,252.25. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to appoint Lowell Myers to the Carpio City Planning and Zoning Board and Kent Neshem to the Berthold City Planning and Zoning Board. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Erickson to take action as advised by the Assistant States Attorney to reduce the price to $10,000 and accept the offer on the foreclosed tax property located at 103 2nd Ave E, Sawyer. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Erickson to approve the timeline for replacement of the Building Supervisor and directed HR Coordinator Colleen Houmann and Auditor/Treasurer Devra Smestad to review the revised job description with the Department Heads. Roll call: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Christianson to approve the following payroll amendments: Payden Garaas – Juvenile Detention Officer – Juvenile Detention (Level 16); Judy Haaland – Property Appraiser – Tax Equalization (Level19); Karin Kjolberg – Social Worker II-HCBS – Social Services (Level 21); Samantha Matishek - Juvenile Detention Officer – Juvenile Detention (Level 16); Joshua Scherr – Correctional Officer – Sheriff’s Department (Level 16). Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the Correspondence from Rath & Mehrer and authorize the Auditor to sign the confirmation of audit. Roll call: all voted yes; motion carried.
States Attorney Roza Larson appeared to discuss the proposed contract from Paige Zietz for the transportation of bodies to the State Medical Examiner. Larson recommended that a meeting be held with all agencies involved present to determine if the County should move forward.
At 12:02 p.m., with no further business, the meeting was adjourned.
ACCEPTED AND APPROVED THIS 21st DAY OF FEBRUARY, 2012.
s/ John Fjeldahl, Chairman, Ward County Board of Commissioners
ATTEST: s/ Devra Smestad, Auditor/Treasurer, Ward County
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