November 5, Chairman Kalil called the meeting to order. Innis took roll call of: Ramberg-here, Aberle-here, Hansonhere, and Montgomery.

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1 November 5, 2013 The Williams County Commission met this 5 th day of November 2013, beginning at 8:00 AM in the Memorial Room of the Williams County Courthouse. Chairman Kalil called the meeting to order. Innis took roll call of: Ramberg-here, Aberle-here, Hansonhere, and Montgomery. There being a quorum, Chairman Kalil proceeded. Daphne Clark, UMDHU reported to the Commission that they purchased a new software program where the providers never lived up to their agreement and they are wanting their money back. Clark stated that they can t hire the Attorney General s office to represent them. They could hire any attorney, but the UMDHU could pass a resolution requesting that the County assist them in this matter. Prout stated that she is aware of the situation and is willing to assist them. Montgomery moved Hanson seconded authorizing Prout to write a letter on behalf of the UMDHU to try and get their monies back for the software. Motion carried. Kallemyen presented escaped assessments. Montgomery moved Hanson seconded approval of the escaped assessments as presented: Phyllis Bertsch Renters in Complex (PI) % Williams County L10 B8 Garden Homes Rearrangement #5 PI in Lots W2 3, 4, 5, 6, & Adjacent Alley 9 months 120,000 9 months 1,089,620 Renaissance Station LLC Lots 1, 2, 3, 4, 5, 6, 7 Block 14 OT 5 months 16,000 each Kermit I/Nina M Heen N2NESW x DD PTS Section 35 T155 R months 6,008 Ellwood/Bernice B Olson Ellwood/Bernice B Olson Sublot 19(coming) T157 R95 12 months 3,114 Sublot 19 (coming) T157 R95 12 months 220 Hermenquilda B Berg Bourette Family Trust N2N2 Lot 2 Unplatted Sec 30 T155 R100 2 acre tract in SESESWSE Section 29 T158 R months 94,200 7 months 548 Mitchell Brown Sublot 4 (split coming) Section 33 T154 R months 518,000 1

2 Motion carried. Aberle moved Ramberg seconded approval of the assessor s errors of 14&16 E Broadway Properties LLC City of Williston L5 B10 commercial property from 184,000 to 117,331; Craig A/Danielle Moen Sublot 2 in SW Section T155 R99 residential structure from 53,268 to 2,474; and Linda Granley L9 Carolville Sub T155 R100 residential structure from 30,200 to 10,100. Motion carried. Hanson moved Aberle seconde4d approval of 2013 Homestead Credit abatements for Justin L Johnson Grenora City B20-23 of Grenora L4 B20; Linda Morgan City of Williston Schatz Home Community Lot No. 72 Bendix X70; City of Williston Garden Homes Rearrangement #4 L24 & N 3.7 of L23 & S 3.6 of L25 B5; Elmer Jorgenson City of Williston Cedar Terrace Addition Unit 2214 Cedar Terrace V Condo s B % CE; Elizabeth C Lund (Life Estate) Amundson 2 nd Addition L2&3 B1; A. R. Nelson Henry H Sorenson 5 th Addition L12 B14; and Donald Kiwimagi City of Williston Valley Homes S 13.2 L10, L1, N 13.1 L12 B2. Motion carried. Aberle moved Hanson seconded to increase the speed limits back to 45 mph on County Road #9 and 55 mph north of Epping to Highway 2 since the road construction has been completed. Motion carried. Montgomery moved Hanson seconded to table any action on the proposed R/O/W easement with SRF for County owned property along the new truck bypass offering $30, per acre. Motion carried. It came to the attention of Evenson and Beebe that one of the Sublots owned by Gerald Halvorson in Section 35 T154 R102 overlaps another Sublot that he owns. Sublot 1 was recorded in September 1999 and Sublot 6 was recorded in October When recording the plat for Sublot 6 there was no mention of the existence of Sublot 1. For title and tax purposes the overlapping has to be corrected. The correction will have to be with Sublot 6, which was the last to be recorded. Prout stated that according to the NDCC there are three options to correct the plat problem: the Board can correct the plat after two public hearings, a re-survey of the platted area to be corrected and consideration of objections to correcting the plat with all costs be assesses to the owner; Halvorson as the landowner he can contact the original registered land surveyor of Sublot 6 and have the surveyor sign and date a certificate stating the nature of the error, omission, or defect, the information that the surveyor believes corrects the plat supplies the omission or cures the defect, referring by correct book and page or document number of the plat and designating its name, and stating that the surveyor holds a valid registration in this State and record the certificate; or Halverson can vacate the plat for Sublot 6 to put back into the larger parcel. Hanson moved Aberle seconded for Prout to write letter to Halvorson explaining the options and to get this overlapping parcel straightened out in the easiest manner possible. Motion carried. Sizemore brought an Ag exemption request to the Board from Tom Irgens. Sizemore reported that he sent out correspondence to Irgens after the denial to his permit, response from Irgens, and a draft letter to Irgens to read as follows: Three (3) Structures at/on T156 R100 PIN: : 15,000 Square Foot Steel Structure located on the West Side of this Parcel/ 15,000 Square Foot Steel Structure on the North East corner of this Parcel/8,400 Square Foot Steel Structure on the South East Corner of this Parcel and your Use Commitment Letter dated October 28, Williams County has approved your request to use the above structures as Agricultural Use Only with No Human Habitation therefore these structures fall under State Statutes for Agricultural Exemption as it relates to Building Permits: Exemption 2. Exempt Buildings. 2

3 For as long as these structures remain used as designated for Agricultural Use Only this approval will continue in perpetuity. These structures may be designated for other approved uses only after approval by the Williams County Board of Commissioners. Should one or more of these structures be used for any purpose other than Agricultural Use Only without the Board of County Commissioners approval the fines and requirements as set forth by the Williams County Building Department in the Attached Letter dated October 25, 2013 will be immediately re-instated and the structures may be designated as Unsafe as defined in the Williams County Building Code Section 116. if accepted by the Board. Tom Irgens in attendance explaining the history of the three properties with a building on them that was denied zone change from agriculture to industrial and a stop order was issued against finishing the buildings. His intent was to give each parcel to his three children. He is requesting permission to button the buildings up for the winter and clean the sites up. Montgomery questioned his intentions as using the buildings for agriculture based on the pictures of the buildings. Chairman Kalil questioned the dimensions of the door as they are not large enough for farm machinery. Jesse Everett, the contractor stated that these building types are very versatile in design for numerous uses. Chairman Kalil gave a history of the area and how this area was not going to be turned into an industrial corridor, especially after the Enbridge facility located there. It is hard for the Board to handle the fact that these buildings are for agriculture use. Questions of these buildings ever being used for any other purpose than Ag was discussed. The buildings never had any inspections from the Building Department and will not be given any certificate of occupancy. Farm structures do not need any inspections, but any other purpose would need inspections. Prout stated that the buildings can be finished for Ag purposes, but they can t be rented out for any other use. Montgomery moved Aberle seconded to accept the commitment letter from Irgens/Everett that the buildings are for agriculture purposes and the draft letter of Sizemore. Roll call vote: Montgomery-yes, Ramberg-yes, Aberle-yes, Hanson-yes, and Kalil-yes. Motion carried. Conditional use permit presented for Continental Resources to construct and operate a non-potable industrial water pipeline and produced water collection pipeline system to the Continental wells in the area. Discussion was held on the involvement the County wants to be with pipeline construction. Pacheco stated that currently the regulation of pipelines in the ordinances along with power lines. David Bauer, AE2S present to answer questions on the project. Hanson moved Ramberg seconded to table any action until the November 12 th meeting located in Sections 4, 5, 6, 19, 20, 21, 28, 29, 30 of T155 R97; Sections 12, 13, 14 T155 R99; Sections 26, 35, 36 T156 R98; and Sections 1, 2, 7, 8, 9, 10, 11, 12, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 T155 R98 and instruct Pacheco to have a draft amendment to the ordinance removing pipelines and power lines. Roll call vote: Hanson-yes, Aberleyes, Ramberg-yes, Montgomery-yes, and Kalil-yes. Motion carried. (Continental Resources) Conditional use permit and minor subdivision presented for Continental Resources to construct a 60 foot high, 500,000 gallon water tank to provide industrial to its well sites in the area. A pipeline from the WAWSA will run to the site and separate potable water and industrial water pipelines will leave the site. Montgomery moved Aberle seconded to follow the recommendation of Planning/Zoning of approval located in part of the SE4 Section 26 T156 R98 Wheelock Township. Motion carried. (Continental Resources) Conditional use permit and minor subdivision presented for Steve Mortenson/Williams Rural Water District for water tower. Hanson moved Aberle seconded approval located in the NE4 Section 22 T154 R103 Round Prairie Township. Motion carried. (Steve Mortenson/Williams Rural Water District) 3

4 Conditional use permit for temporary housing presented for Into Deep for McCody Concrete employees consisting of 30 camper spaces with water, sewer, and electrical hookups. There are also two trailer houses to house up to 15 and two skid houses with kitchens, bathrooms, and living rooms. All other skid units have been reduced from housing seven to three due to lack of space when at maximum capacity. Bob Horab in attendance stating that he has secured eight apartments for employees. Aberle moved Ramberg seconded approval located on Sublot 9 in the E2SE4 Section 19 T154 R101 Williston Township until October 31, 2104 for 30 RV sites, one year up to three modular homes, and the submittal of a removal plan to the Planning/Zoning Department by December 31, Motion carried. (Into Deep) Conditional use permit for an RV park presented for Johnny/Carmen Iovino/Top Notch Services for 24 employees as a temporary solution to permanently housing their employees. Tyrone Township disapproved of this application. This property is north of Jay Stetson s former man camp and during staff s investigation of the Stetson property staff noticed the addition of campers and RV s on this property and found out that there was no CUP for the residents that were living on site. The applicant has stated that the RV Park would be mainly for his employees but that others would be allowed to use the site because he wants it to be public. There is an existing RV park on ten acres to the east of this property and that landowner has approached staff to expand that park. Montgomery moved Ramberg seconded to follow the recommendation of Planning/Zoning and allow them to stay until May 1, 2014 and fines assessed from this time forward to May 1, Montgomery moved Ramberg seconded to withdraw their motion. Motion carried. Montgomery moved Ramberg seconded for Pacheco to send out a letter by December 1, 2013 with fines for non-compliance assessed from September 1, 2013 to October 31, 2013 located on Lot 3 of the TCN Ranch Subdivision of Section 33 T156 R101 Tyrone Township. Roll call vote: Aberle-yes, Ramberg-yes, Montgomery-yes, Hanson-yes, and Kalil-yes. Motion carried. (Johnny/Carmen Iovino/Top Notch Services) Minor subdivision presented for Alan/Susan Broderick to divide a 10 acre parcel into two 5 acre parcels. The surrounding properties are zoned agriculture. This 10 acre parcel is part of an existing subdivision that consists of eight lots all being 10 acres in size. Due to the distance from any city growth boundary this area of the County is intended to have a minimum lot size of 10 acres and to remain low density. Changing the zoning of this property to allow the creation of smaller lots would create a spot zoning situation that would be contrary to the County s zoning regulations and the Comprehensive Plan. Marshall Township has given a recommendation of denial. Hanson moved Aberle seconded denial of the minor subdivision request located in the SE4NW4SE4 Section 8 T156 R99 Marshall Township. Motion carried. (Alan/Susan Broderick) The Commission took a 5 minute break. The Commission reconvened. Senior reported that the Committee, consisting of Aberle, Montgomery, and Nelson met with architects and they recommend JLG for the County Highway facility. They are local and have performed many local projects, there are many positive comments about their performance, and they are qualified. Members of JLG present to answer questions. Senior spoke of the Construction Manager at Risk where they are there from the beginning to the end of the project. Montgomery moved Aberle seconded to enter into an agreement with JLG for architecture services for the County Highway facility. Motion carried. Doug Larson on behalf of JLG thanked the Commission for the opportunity. Kent Indvik and Matt Johnson, Wold Engineering present concerning County Road #21. Nelson reported that the repairs to County Road #21 came from money through the legislature, Infrastructure money. 4

5 Wold Engineering did the engineering for design and construction with Mayo Construction awarded the bid. Material Testing, a sub-contractor under estimated the amount of gravel to the road in the amount of $728, so the bid was under in that amount. Nelson gave an update of County Road #21 (1/4 mile). The road will be graveled over the winter and paved by July 15, Wold Engineering is proposing a change order for the extra gravel as the core sample done by Material Testing was in error and the design of the road was based on the wrong amount. When the re-core was done is when they found the mistake and the work has already been completed by Mayo with the extra gravel amount of 30,000 tons. Nelson is questioning on how we move forward. Questions are to who is in error? Johnson stated that if there was no error that amount of gravel would have been required and in the design for the base. Aberle stated that it was their error as the Commission may have thrown out the bids as they were too high and re-bid the project. Prout stated that Wold Engineering, according to their contract has the ability to do change orders. Prout has not reviewed their surety bond, which she will have to review. Nelson questioned to whether the County should sign the change order under protest and Prout stated no. Johnson and Indvik stated that they had a conversation with Material Testing, who did not show up today about the re-coring. The extra gravel had to be placed in order for the project to get completed for this year. Montgomery stated that there should be a three way split of the gravel cost. Chairman Kalil states that the question should be posed to Material Testing as to how they are going to fix this mistake as the County, Wold, and Mayo all acted in good faith. There is no incentive for the County to sign the change order until the legal issues are resolved and to put the question back to Material Testing as to how they are going to resolve this issue. Prout stated that our contract is with Wold Engineering not Material Testing. Aberle moved Hanson seconded to deny the change order. Motion carried. Discussion was held that the speed limit should be restored to 45 mph over the winter. Indvik stated that the construction signs will be taken down over the winter. Nelson updated the Commission on County Roads #15, 17 south of Ray, and Highway 2 to Montgomery moved Hanson seconded authorizing the Chairman to sign the road placing permit for MDU to parallel County Road #9for a natural gas pipeline. Motion carried. Montgomery moved Aberle seconded authorizing the culvert petition for Orthell Township. Motion carried. Nelson received bids for diesel powered articulated frame motor graders as follows: Company Tractor & Equipment RDO Motor Grader Type Caterpillar 160M2 John Deere 870GP Net Purchase Price $271, (each) $291, (each) Guaranteed Repurchase Price Year #3 Year #4 Year #5 $221,63500 $201, $181, $232, $216, $201,

6 Trade in Values $227, (each) 6 $144, (each) 2 $136, (each) Cost per Unit (minus trade-in) $44, (each) 6 $147, (each) Delivery Date 3/20/201 4/15/ $155, (each) Hanson moved Montgomery seconded to accept the bid from Tractor & Equipment for a net price of $44, per unit. Motion carried. Nelson will advertise for bid for a snow blower and loader within the next couple of months. Hanson moved Montgomery seconded authorizing the Chairman to sign the County Federal Aid Program The County proposed no projects for the solicitation for safety projects for the HSIP program. Hanson moved Aberle seconded authorizing Innis to set up a special fund for Frost Law Permits. Motion carried. The HTD money transfer from the October 15 th meeting will have $1,000, transferred into this account for Township money requests. Chairman Kali opened the public hearing for any entity to protest the appraisal price set for the 2013 tax foreclosure properties. There being no one for or against said set price the hearing was closed. Montgomery moved Aberle seconded authorizing the Chairman to sign the Theodore Roosevelt Expressway Resolution of support. Motion carried. The Commission received a letter from the ND Department of Health Division of Waste Management for an approval of a permit submitted from WISCO for a special waste landfill located in Round Prairie Township. Section of the NDCC requires for any new solid waste management facilities that the Commission may call a special election to approve or disapprove of the facility. Hanson moved Aberle seconded that the Commission declines to hold a special election for this permit. Motion carried. Innis will notify the ND Department of Health Division of Waste Management. Montgomery moved Ramberg seconded authorizing Innis to sign the Legal Representative Waiver of Conflicts of Interest with the ND Association of Oil/Gas Producing Counties regarding oil tax distribution issues. Motion carried. Montgomery moved Aberle seconded authorizing the Chairman to sign the Sub-award #FAR with NDSU for the Parent Resources Center Coordinator. Motion carried. The Commissioners will meet December 3 rd, 9 th, and 30 th. Prout stated that she needs a legal opinion form the Secretary of State concerning proper notarizing of documents, so it can be done properly in the future. This is regarding notarizing of plats. Prout will come back with a recommendation of the easement offer from SRF on the location of the new County Highway facility property. 6

7 There being no further business, the meeting recessed at 11:20 AM. 7