December 5, There being a quorum, Innis proceeded.

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1 December 5, 2017 The Williams County Commission met in regular session this 5 th day of December, 2017 beginning at 8:00 AM in the Commission Room of the Williams County Administrative Building. Auditor Innis called the meeting to order and took roll call of: Ramberg-here, Aberle-here, Montgomeryhere, Hanson here, and Kemp-here. There being a quorum, Innis proceeded. Time for re-organization of the Board. Innis called for nominations for Chairman. Aberle moved Ramberg seconded to nominate Montgomery. Hanson moved Ramberg seconded to nominate Kemp for Chairman. Innis called for roll call vote for Montgomery for Chairman-Ramberg-yes, Aberle-yes, Montgomery-yes, Hanson-no, and Kemp-no. Motion carried. Innis called for roll call vote for Kemp for Chairman- Aberle-no, Montgomery-no, Hanson-yes, Kemp-no, and Ramberg-no. Motion failed. Montgomery was nominated as Chairman. Chairman Montgomery called for nominations for Vice-Chairman. Hanson moved Ramberg seconded to nominate Kemp for Vice-Chairman. Montgomery moved Ramberg seconded to nominate Aberle for Vice-Chairman. Roll call vote for Kemp for Vice-Chairman-Montgomery-no, Hanson-yes, Kemp-yes, Ramberg-yes, and Aberle-no. Motion carried. Roll call vote for Aberle for Vice-Chairman-Hanson-no, Kemp-no, Ramberg-no, Aberle-yes, and Montgomery-yes. Motion failed. Kemp was nominated as Vice- Chairman. Hanson moved Ramberg seconded approval of the consent agenda: 1. Bills to be paid December 6 th. 2. Travel Request for Doug Lalim to attend the International Code Council Edu Code Training March in Las Vegas. Roll call vote: Kemp-yes, Ramberg-yes, Aberle-yes, Montgomery-yes, and Hanson-yes. Motion carried. Nathan Hall, Senior Planner presented Planning/Zoning items. A proposal to Reclassify Various Subdivisions to the Existing Small-lot Residential District (ESR) was presented by Hall. Hall gave the background and a list presented by staff to be reclassified. Hanson moved Aberle seconded approval as presented. Roll call vote: Ramberg-yes, Aberle-yes, Montgomeryyes, Hanson-yes, and Kemp-yes. Motion carried. (Copy included A Comprehensive Plan Amendment to include the property in an Employment Area and a Zone Change to Light Industrial was presented for Lyndon Oyloe/Lacy Oyloe, Christa Schmidt, and Jeanna Mueller with Lacy/Terri Oyloe present. Hall stated that Planning/Zoning suggested approval with conditions. The applicant is requesting to amend the Comprehensive Plan to include the approximately 20 acre property in an employment area so that it can be rezoned to the Light Industrial District. The subject is currently pasture and is surrounded by agricultural uses but is also near the commercial and industrial uses along County Road #9 and within Ponderosa Subdivision. A CUP for a mobile home park and zone change to public was approved in 2012, but the conditions were never met and construction never began. Terri Oyloe stated that at this time there are no proposed plans for the property at this time and when they decide the use it would have to go before Planning/Zoning for approval. Walt Brown who is a neighbor across the road to the north stated that he doesn t want it across the road. Scott Iverson, who is Brown s son-in-law and lives in the property across the road from the development is concerned with the traffic, noise, and dirt and would be very detrimental to his three children and livestock. Light 1

2 Industrial would be a hindrance on their life style and disruption on their lives. Iverson stated that most of the traffic currently goes to the west to access County Road #9. There is not a lot of traffic. Some of it goes to the north. Oyloe questioned the proposed by-pass location. Sam Henderson, Planning/Zoning Official stated that the route will probably go to the west. Henderson also stated that the conditions of the CUP were not met so the zoning should be agricultural. Oyloe stated that there are no plans for the property at this time. Henderson stated that if the rezoning is approved there are some uses that don t require them to come back to the Board, but other uses will require a CUP. Iverson discussed that they could have an adult business there. Henderson stated that this is not allowed in this zoning. Discussion was held on subdivision of the property. Henderson stated that a road would have to be put in the subdivision unless the Board granted a variance. Iverson discussed the property being used for a retail business. Henderson stated that only business that is compatible with heavy industrial uses. Iverson questioned the by-pass agreement that the County has regarding business along the route. The route may be within ¼ mile of this property. Henderson stated that this property is outside the agreed upon area. Questions were asked to where Aveda access is. Aberle stated that there is now a 4 way stop at Aveda and they mostly go north to County Road #6. He agrees with Hanson as far as the noise. Aberle moved Hanson seconded to deny the application located as Sublot #3 in the E2 NWNE Section 29 T155 R100 Pherrin Township. Roll call vote: Ramberg-yes, Aberle-yes, Montgomery-yes, Hanson-yes, and Kemp-yes. Motion carried. (Lyndon Oyloe/Lacy Oyloe, Christa Schmidt, and Jeanna Mueller) Conditional use permit renewal for a mobile home park in a commercial district presented for Alan Spencer for Dakotaland Lodgings/Dakotaland Tioga South LLC with Alan Spencer present. Hall stated that Planning/Zoning suggested approval with conditions. Hanson questioned whether this was crew housing or public. Spencer stated that it is crew housing with vacancies at this time. There is another one in the City of Tioga. They are watching the market and requesting they leave this open till spring. Ramberg stated that there is no Township recommendation. Henderson stated that no additional comments were necessary from the Township as it is State approved. Spencer stated that the property is for sale to be moved. Ramberg moved Kemp seconded to follow the recommendation of approval as recommended by Planning/Zoning located Hwy 2 Tioga Section 15 T156 R96 West Bank Township with conditions of approval for two years and if there is ever a special district approved, the applicant must sign a no-protest agreement and pave the interior roads of the mobile home park. Roll call vote: Aberle-yes, Montgomery-no, Hanson-no, Kemp-yes, and Ramberg-yes. Motion carried. (Alan Spencer for Dakotaland Lodgings/Dakotaland Tioga South LLC) Re-subdivision and zone change from agricultural to urban commercial and rural residential of MS presented for Ed Rintamaki/Gerald Miller with Gerald Miller present. The applicant intends to subdivide an approximately 13 acre lot into two lots of approximately 6 acre and 7 acre lots. Aberle moved Aberle seconded approval as presented located as MS in the NW4 Section 24 T154 R102 Judson Township with conditions to adhere to NDCC and Williams County Ordinance; obtain approach permit if needed; completion for re-subdivision process; and successful completion of plat map review on mylar. Roll call vote: Montgomery-yes, Hanson-yes, Kemp-yes, Ramberg-yes, and Aberle-yes. Motion carried. (Ed Rintamaki/Gerald Miller) An Amendment of the Zoning Ordinance Chapter 6-11 Wireless Communication Facilities and Chapter 7 definitions presented by Development Services Staff. Henderson reviewed the revisions. Jay Littlejohn from Verizon Wireless stated that there is a need for small cell towers. There are problems with the replacement of towers. There will have to be consent to have the small towers placed in R/O/W and consent of adjacent landowners. Kemp moved Ramberg seconded approval as recommended by Planning/Zoning. Hanson questioned putting them in R/O/W and the inclusion of the bottom of the ditch. Littlejohn stated that permits still have to be obtained and the towers will be the size of a 2

3 telephone/electrical pole. Roll call vote: Hanson-yes, Kemp-yes, Ramberg-yes, Aberle-yes, and Montgomery-yes. Motion carried. Darin Langsrud and Mark Schneider, Weather Modification presented the annual 2017 Final Operations Report. Langsrud reported that the costs were lower this year due to the drought conditions. The annual Board meeting with the authorities will be held late January early February 2018 and be in the field offices June 1, Kari Evenson, Treasurer/Recorder gave the Commission an update on tax statements. Hopefully they will print tomorrow and in the mail by December 15 th. Darcy Anderson, Tax Director presented the 2016/2017 abatement for J.W. Chatam & Associates Inc. (Agent for Coburns Inc. as taxpayer) representing Cash Wise Foods 3048 Annabelle Homes Subdivision L1 B2. They are contesting their 2016/2017 value as presented by Anderson. Materials to accompany the record are the Appraisal of Real Estate (14 th Edition for the Appraisal Institute); International Association of Assessing Officers December 2015 Volume 13 Number 12 Fair & Equitable; Cash Wise Foods 3048 Tax Year Summary of Salient Facts for 2016/2017; letter from Anderson with recommendations that the Applications for Abatement or Refund of Taxes for the 2016/2017 tax years for Coburns, Inc. be denied (with attachments). (Copies included Anderson stated that they have filed this type of abatement throughout the State and have been denied at all hearings. Gabe Noller in attendance representing Case Wish. Chairman Montgomery stated that they received all the information and to keep the presentation short. Noller questioned the manner in which this property is being valued and the method. He stated that it should be based on the income approach, which is used in most locations. He stated this is an income producing property. Articles talking about the cost approach valuing these types of properties are included in the record. Chairman Montgomery asked if other Case Wish stores are using the cost approach. Noller stated that he has filed 7 appeals in ND. Anderson stated that they use the State sales appraisals which are not enough so they use the cost approach, but they don t get the income figures from the businesses. Aberle moved Hanson seconded to follow the recommendation of Anderson of denial for tax years 2016/2017. Roll call vote: Kemp-yes, Ramberg-yes, Aberle-yes, Montgomery-yes, and Hanson-yes. Motion carried. Kristi Hanson, Finance Director reported to the Commission that she met with Andrea Cross; Secretary for the 1% Public Safety Awards and Cross doesn t keep track of the reserve monies like she does. Currently there is enough money in the fund to give the award for the Williams Rural Fire Department in the amount of $2,000, for the fire station loan pay down for the new building. Ramberg moved Hanson seconded to approve the 1% Public Safety Award. Roll call vote: Ramberg-yes, Aberle-yes, Montgomery-yes, Hanson-yes, and Kemp-yes. Motion carried. (Copy included Hanson moved Aberle seconded authorizing the Chairman to sign the County Deeds for the property sold at the annual Tax Foreclosure Sale November 21, 2017 for Jerry Zimmerman Family Revocable Trust Lot 8 Block 17 Original Townsite of Buford and Lot 9 Block 17 Original Townsite of Buford; JP Furlong Co. Sublot 4 in S2 Section 30 T154 R102; J&C Real Estate Services Lot 9 Block 7 Williston Park Subdivision City of Williston; and Roger Riveland 72 X365 in SESW.60 acres Section 24 Unplatted City of Williston. Roll call vote: Aberle-yes, Montgomery-yes, Hanson-yes, Kemp-yes, and Ramberg-yes. Motion carried. The Commission instructed Richard Martin, Facilities Director and Kameron Hymer, Development Services Official to inspect the properties located at Missouri Ridge Commercial Park Lot 1 Block 5 and Rearrangement of Block 6 Lot 1 Missouri Ridge Commercial Park Lot 10 Block 1that did not sell at the Tax Foreclosure Sale and put them on the County s insurance. 3

4 Innis reported on the Oil/Gas lease bid for City of Williston Brueggers 5 th Addition Lots 2, 3, 4, 5, 6, 7 Block 36 and City of Williston Brueggers 5 th Addition S ½ Lot 1 Block 36. One proposal was received from Oasis Petroleum North America LLC with terms of bonus consideration for $1,500.00/net acre; paid up delay rentals of $5.00/net acre; advertising costs of $57.02; totaling $1,652.32; lease term of 5 years; royalty of 20%; and paid up oil/lease form with warrant and defend struck. Ramberg moved Kemp seconded to accept the terms and authorize Innis to sign the lease. Roll call vote: Montgomery-yes, Hanson-yes, Kemp-yes, Ramberg-yes, and Aberle-yes. Motion carried. Hanson moved Aberle seconded authorizing Innis to sign the Oasis Division Order with recommended changes from Karen Prout, Special Assistant States Attorney. Roll call vote: Hanson-yes, Kemp-yes, Ramberg-yes, Aberle-yes, and Montgomery-yes. Motion carried. Hanson moved Ramberg seconded to meet December 29, 2017 beginning at 8:00 AM for year-end bill pay. Roll call vote: Kemp-yes, Ramberg-yes, Aberle-yes, Montgomery-yes, and Hanson-yes. Motion carried. Ramberg moved Hanson seconded the 2018 Precincts as used in the 2016 Election cycle. Roll call vote: Aberle-yes, Montgomery-yes, Hanson-yes, Kemp-yes, and Ramberg-yes. Motion carried. (Copy included Ramberg brought up a request for a speed limit change north of Highway 2 on County Road #21 to 45 mph. Ramberg moved Aberle seconded approval of the speed limit change. Roll call vote: Ramberg-yes, Aberle-yes, Montgomery-yes, Hanson-yes, and Kemp-yes. Motion carried. Sheriff Kvande reported that there are radio problems in the Correctional Center. A repeater will have to be installed within the building. Currently there is no communication in the booking room and control center. The cost for officer safety is $4, There are also communication problems in the Inmate Visitation. Sheriff Kvande stated that the over weights are doing well. Helen Askim, HR Director stated that the Courthouse Café will be removed from the Commission Portfolios and will fall under the Facilities/Buildings. Aberle moved Ramberg seconded approval of the Commission Portfolios as changed. Roll call vote: Aberle-yes, Montgomery-yes, Hanson-yes, Kemp-yes, and Ramberg-yes. Motion carried. (Copy included Discussion was held on the new way of filling vacant Board appointments. There will be a place on our County website where individuals interested in filling vacant position can apply. This will also serve a publication of the vacant positions. Prout stated that this is similar to the State procedure and this will also serve as a statement of interest. Chairman Montgomery directed Askim/Prout to keep the process short and simple. Ramberg moved Aberle seconded to approval of the new appointment process. Kemp stated that he feels this is a great idea and will encourage more involvement. Askim stated that this is important to all Boards that the Commission appoints all positions that are open. Roll call vote: Montgomery-yes, Hanson-yes, Kemp-yes, Ramberg-yes, and Aberle-yes. Motion carried. (Copy included 4

5 Prout reported on the Park Board appointment. Zavalney is not requesting a reappointment, but he will continue to be on the Board until he submits a letter of resignation. The Park Board appointment is 3 years. Prout will notify Zavalney that he is still on the Board until he submits a letter of resignation. Kemp moved Aberle seconded the appointment of Dr. Franklin McCoy as the County Corner and Everson-Coughlin as county Morgue and Fulkerson in Tioga. Roll call vote: Hanson-yes, Kemp-yes, Ramberg-yes, Aberle-yes, and Montgomery-yes. Motion carried. Hanson moved Ramberg seconded the reappointment of Ryan Geltel to the Williams County Reorganization Committee. Roll call vote: Kemp-yes, Ramberg-yes, Aberle-yes, Montgomery-yes, and Hanson-yes. Motion carried. (Copy included Ramberg stated that there is a need for a camp host at McGregor Dam. Melody Mileur, Communications Officer will be requested to post something on the website. Askim brought up the conflict of interest with Cindy Gergen, part owner of the Courthouse Café and employee at the Correctional Center. When Gergen was hired in 2011 Askim and Sheriff Busching knew of the conflict of interest and hired her. Aberle moved Hanson seconded that the Williams County Board of Commissioners acknowledges that Mrs. Gergen may, or may appear to have a conflict of interest, but moves to grandfather existing circumstances as allowable under the Conflict of Interest policy. Roll call vote: Ramberg-yes, Aberle-yes, Montgomery-yes, Hanson-yes, and Kemp-yes. Motion carried. (Copy included Askim presented the 2018 Holiday Calendar conflicts. Kemp moved Ramberg seconded approval of December 24, 2018 (Christmas Eve) as an entire day off. Roll call vote: Aberle-yes, Montgomery-yes, Hanson-yes, Kemp-yes, and Ramberg-yes. Motion carried. The Commission will meet January 2, 2018 for the first Commission meeting in Askim presented the Open Positions Report with one position to be filled- Sheriff s Office Corrections Officer. Aberle moved Hanson seconded approval of the Open Positions Report. Roll call vote: Montgomery-yes, Hanson-yes, Kemp-yes, Ramberg-yes, and Aberle-yes. Motion carried. (Copy included Chairman Montgomery thanked Elizabeth Hackenburg for everything she has done for the County during her tenure at the Williston Herald. She will be done at the end of December Prout presented the Lease Agreement between Williams County and Courthouse Café for review. It will be on the agenda for December 19 th for approval. Askim stated that the discussion of Elected Officials and how the Commission plan to move forward will be postponed until January There being no further business, the meeting recessed at 10:10 AM. 5