Minutes of the Board of Ward County Commissioners November 15, 2011

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1 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. Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the minutes from the November 15, 2011 regular meeting. 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, and the following regular bills totaling $5,443,354.15: MISCELLANEOUS SALARIES DD Anderson, Miles Court Security Officer $ DD Bjork, Pat Court Security Officer DD Bonsness, Kelly Jailer 1, DD Browne, Keely PT Juvenile Detention DD Farrington, Charles Jailer 1, DD Fellman, April Jailer DD Holter, Mark Overtime DD Hruby, Jessica PT Juvenile Detention DD Hubbard, Larry Unused Comp Time DD Just, Derek PT Juvenile Detention DD Kenney, Charles PT Juvenile Detention DD Lee, Gary Transport with Meals DD Luks, Patrick Transport with Meals DD Morelli, Laura Ext Service DD Olson, Jared Jailer DD Pletcher, Larry PT Juvenile Detention DD Polkovick, Joe Fingerprint Training DD Polkovick, Joe Jailer DD Robbins, Cassandra PT Juvenile Detention 1, DD Saltsman, George Court Security Officer DD Schlecht, Dave PT Juvenile Detention DD Smith, Elwood Court Security Officer DD Snelson, Kevin PT Juvenile Detention DD Weiand, Gavin Jailer DD Wierenga, Marvin Transport with Meals DD Wolf, Clint Court Security Officer DD Yahaya, Sabo Jailer Total Miscellaneous Salaries $ 14, MISCELLANEOUS GENERAL Advanced Business Method Lease Contract - States Attorney $ Andreas, Levi 2011 Allocation - November 1, Auto Doctor Repairs - Sheriff 1, B&B Northwest Pharmacy Inmate Medication - Jail Best Western NDACo Conference - Rooms Best Western - 7 Seas Training EM Planner Brown & Saenger Office Supplies - Courthouse Cenex Fuel - Building Supervisor Century Link Phone line in Kenmare - Sheriff Childbirth Graphics Class Materials - Extension Clute Office Equipment Calculator Inks - Jail CMI Inc Alcohol Blow Kit - Jail Comfort Suites Hotel - Building/Zoning Comfort Inn Hotel - Sheriff Computech Hard Drive - Juvenile Detention Computech Ink Cartridges & Printers - Courthouse Computech 8 port switches - Courthouse Computech Toner cartridge, server battery Computer Store Computer 5 port - EMA Computer Store Flash drives - Tax Equalization Deaton's Maintenance Contract - Auditor 1, Digital Office Center Toner - Juvenile Detention E & T Appliance Repair washer - Jail

2 EcoLab Pest Elimination - Jailr Enerbase Fuel - Sheriff 7, Enerbase Electric parts - Building Supv Erickson, Carroll Mileage - Commission ET Appliances Dryer screen - Jail Farmers Union Oil - Plaza Fuel - Sheriff GEM Credit Union Fuel - Sheriff Ferguson Enterprises Parts for flush valves - Building Supervisor Gall's Throw bags - Sheriff GEM Credit Union Fuel - Sheriff GEM Credit Union Fuel - Sheriff GEM Credit Union Taser Instruction Certification - Sheriff GEM Credit Union Fuel - Sheriff Helm, Curtis PA Coordinator 4, Hewlett Packard Co. Computer - Courthouse 1, Hewlett Packard Co. Computer monitor - Vets Hoffarth Sanitation Garbage Service - October - Courthouse Institute Local Government Training Credits - School Super Institute Local Government Training - Sheriff Institute Local Government Class Registration ITD WAN fiber, Antivirus JC Penney Clothing - Sheriff Johnson, Jodi Travel - School Super Kevin's Plumbing & Heating Clear Shower Drain - Jail Keycare Pharmacy Inmate Medication - Jail Knudsvig, Glenis Fingerprint contract Lowe's Printing Date Stamp - Veterans Service Lowe's Printing Notary Stamps - Recorder Main Electric Repair outside security light Menards Christmas Tree - Building Supervisor Mid States Radio repairs - Sheriff Minot Area Chamber of Commerce Military Affairs Assessment Fee - Sheriff Minot Daily News Public Hearing Notice - Tax Equalization Minot Daily News Comm. Minutes 10/4 & Public Notice Minot Daily News Notice for Demolition Minot Daily News Subscription - Vets Minot Lumber & Hardware Lumber & Parts - Building Supervisor Minot, City of Water - Courthouse Minot, City of Central Dispatch 53, Minot, City of Water Service N. Coast Sanitation Roll-off and landfill charges - Building Supervisor ND Center for 4H Youth Dev. Boxes - Extension NDACo Conference Registration - School Super NDACo Conference & Registration Auditor/Commission NDACo Conference Registration - Sheriff North Prairie Rural Water Water - North Building Slinde, Gail Office Supplies - Extension Olson, Cheryl Facilitator Fees - Extension Priority Dispatch training for dispatch supervisor PVA/ND Annual Dues - Veteran Services Ryan Chevrolet Fuel Guage repair - Sheriff Schock's Keys - Sheriff SRT Phone - Sheriff SRT Phone 4, SRT Phone - Courthouse 1, Staples Printer Toner - EMA Staples Supplies - Jail Steins Paper Products - Courthouse Steins Paper Products - Courthouse Steins Cleaning Supplies - Jail Stutsman County Auditor Mental Health Hearing Stutsman County Auditor Mental Health Hearing Thorsrud Supply Co. Keys, Door adj. & Hinges - Building Supervisor Tires Plus Snow Tires & Oil Change - Sheriff Tires Plus Repair & Balance - Sheriff Tyler Technologies Printer ribbons - Recorder UND Center for Family Med Allocation - November 2, Uniform Center Star Emblem - Sheriff United Mailing Service Postage Used - Courthouse Verendrye Electric Electricity - N. Building Volk, Greg Mental Status Exam

3 Wal Mart Commissary Supplies - Jail Ward County Auditor Notary Insurance - Jail Xcel Energy Electricity - Sheriff Xcel Energy Electricity - Library Total Miscellaneous General $ 97, EMERGENCY ASSISTANCE Andreas, Levi Travel - EMA Flood Travel $ Circle Sanitation Debris Removal 16, Orlien Township FEMA 2011 Flood 15, Orlien Township FEMA 2011 Flood 217, Rice Lake Township FEMA 2011 Flood 7, Souris Valley Animal Shelter Flood 2011 Animal Shelter 22, Water Resource Board Loan 100, Total Emergency Assistance $379, PARK BOARD MISCELLANEOUS Burlington City Water $ Burlington Electric Old Settlers Repairs Circle Sanitation Sanitation Svc - Old Settlers/Rice Lake Enerbase Gasoline Kitzman, Ken Meeting Dues Muzzy, Ken Meeting Dues Verendrye Electric Siren - Rice Lake Xcel Energy Utilities Total Park Board Miscellaneous $ 4, ROAD SALARIES DD Babcock, Mathew Seasonal Hire $ 1, DD Boucher, Robbie Overtime DD Burckhard, Raymond Seasonal Hire 1, DD Dunn, James Overtime DD Fournier, Steve Overtime DD Gasmann, Robert Overtime DD Hanson, Ingvald Seasonal Hire 1, DD Hieb, Larrry Overtime DD McDaniel, Ted Seasonal Hire 1, DD Palen, Deane Overtime DD Palm, Bobby Overtime DD Tennyson, Mike Overtime DD Walkup, Joe Overtime DD Zietz, Stacy Overtime Total Road Salaries $ 8, ROAD MISCELLANEOUS Acme Electric Shovel $ American Welding Supplies Lens Kit, Clamps, Seals Ameripride Linen Janitorial Services Asphalt Zipper Bits 2, AT&T Cell Phone Svc Bechtold Paving Patching, Project Finals 82, Butler Machinery Inc Oil, Nuts, Filters, Edges 4, Dakota Pipe & Steel Tubing Dig It Up Backhoe Project Estimates & Final 661, Enerbase Gasoline, Diesel 37, F.U.O. - Berthold Gasoline, Diesel 5, General Trading Inc Fittings, Hose Hedahls Glass Clnr, Grease Hoffarth Sanitation San Svc Home of Economy Element, Light, Bushing Houston Engineering Lidar, Engineering 223, Industrial Builders Project Estimate 758, Institute of Local Govmt Conference Credits Kellar Paving Project Estimates 170, Kenmare Water/Sewer Utilities K-Mart Air Fresheners Lawson Products Bolts, Nuts Little Falls Machine Push Bar Assy Lyle Signs Signs 1,

4 Maintenance Plus General Cleaning Materials Testing Analysis MDU Utilities Menards Light Meyer Contracting Project Estimates 1,355, Midland Atlas Company County Atlas Minot Auto Supply Bearings, Seals Minot Chrysler Center Diagnostic Check Minot City Water Utilities Minot Daily News Equipment Ad Muus Lumber Batteries NAPA Auto Parts Cables, Filters ND Assoc of Counties Registration NDDOT Project Estimates 291, North Prairie Rural Water Utilities NW Tire & Retread Tires & Repairs 8, Ottertail Power Company Utilities Phillips & Jordan Project Estimates 506, Porter Bros Iron Prairie Truck Equipment Seals ProLawn Fertilizer Pure Honda Washers, Plugs Ramkota Hotel Lodging RDO Equipment Flood Lamp SRT Office Telephone Swanston Equipment Roller Rental 1, Team Electronics Radio & Installation Titan Machinery Hose Assy Tri N Propane Utilities UND Alumni Assoc Asst Eng Ad Verendrye Electric Utilities Verizon Wireless Cell Phone Svc Wesslen Construction Project Estimates 816, Westlie Motor Company Bulbs, Bracket, Cap Xcel Energy Utilities Zee Medical Services Medical Supplies Total Road Miscellaneous $ 4,939, TOTAL $ 5,443, 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. 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. 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 122

5 123 Minutes November 15, 2011 cont d and shall be repaid in full on or before June 30, 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. 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). 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 $ 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 , 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 , Margaret Township. 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 , McKinley Township; and Clayton Hanson for the following described property: Outlot 1 of NENE Section , Rolling Green Township. 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.

6 Moved by Comm. Fjeldahl, seconded by Nybakken to authorize the Chairman to sign the Demolition Contact 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. 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 onetime 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 $ 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. 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. 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: Midwest Federal Savings and Loan North Minot Addn Lot 5 is South 3 Blk 2 Minot City MI Greg K Lemer Nedrose 2nd Addn to Minot Lot 17 Blk1 NE % Leonard A Moseng Nedrose Township Sec Greg K Lemer Nedrose 2nd Addn to Minot Lot 18 Blk 1 NE % Leonard A Moseng Nedrose Township Sec Deborah J Mellum & First Addn Minot Sellers Portion of Lots 2-6, 9-11 Blk 30 MI Gaylin G Schmidt Former Lease site Doc # Minot City Jerald P Schmidt Holens Addn Lot 1 Douglas City DG Jerald P Schmidt Holens Addn Lot 2 Douglas City DG Jerald P Schmidt Holens Addn Lot 3 Douglas City DG Robert E Rogers Bel Air 4 th Addn Lot 20 Minot City MI Dr Mukunda Mukherjee Green Acres 2 nd Addn Lot 8 Minot City MI Jeffrey A Miller Boston Heights Addn Lot 3 Blk 3 Minot City MI Randy & Michelle Brown Original Minot Addn Lot 18 Blk 7 Minot City MI Timothy P Braun Randalls Addn Lot 23 Minot City MI 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. 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. 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. 124

7 At 11:23 a.m., with no further business, the meeting was adjourned. ACCEPTED AND APPROVED THIS 6 th DAY OF DECEMBER, Chairman, Ward County Commission ATTEST: Ward County Auditor 125

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