Minutes of the Board of Ward

County Commissioners

April 5, 2022

The regular meeting of the Ward

County Commission was called to

order by Chairman Rostad at 9:00

AM with Commissioners Anderson,

Fjeldahl, Pietsch, and Weppler

present. Also present were depart-

ment heads Brian Vangsness, Dana

Larsen, Jason Blowers, Jennifer

Wiechmann, Kerrianne Boetcher,

Kristin Kowalczyk, Marisa Haman,

Noreen Barton, Roza Larson, and

Tammy Terras. Moved by Comm.

Anderson, seconded by Comm.

Pietsch to approve the agenda with

the following additions: Item 3.1,

Epic presentation; item 8.5, Jennifer

Wiechmann regarding in-house CO-

VID-19 testing and antibody testing;

item 13F, Planning and Zoning open

board positions; and 13G, ARPA ap-

plication process. Roll call; all voted

yes; motion carried. Moved by

Comm. Weppler, seconded by

Comm. Fjeldahl to approve the

minutes from the regular Commis-

sion Meeting on March 15, 2022.

Roll call; all voted yes; motion car-

ried. Moved by Comm. Anderson,

seconded by Comm. Fjeldahl to ap-

prove the regular bills totaling

$320,581.46 and HS Zone direct

cost bills totaling $7,472.26. Roll

call; all voted yes; motion carried.

Todd Berning, President of EPIC

Companies, appeared and gave a

presentation on the renovation pro-

ject of the M Building in downtown

Minot. On the speaker phone were

Blake Nybakken, Chief Operating

Officer of EPIC Companies and

John Shockley, legal counsel for

EPIC Companies. EPIC Com-

panies is looking for a 20-year TIF

with a 90/10 split. Mr. Berning

asked for county participation in the

requested 20-year TIF. Harold

Stewart, Minot City Manager, spoke

regarding how the TIF works. The

City of Minot will hold the risk by is-

suing bonds in the name of the city

for the $2.7 million requested.

Moved by Comm. Anderson,

seconded by Comm. Weppler for the

Commission to give a recommen-

dation of approval but give final deci-

sion at the April 19, 2022 Commis-

sion Meeting. Roll call; Comm.

Anderson, Weppler, Fjeldahl, and

Rostad voted yes; Comm. Pietsch

voted no; motion carried. Moved by

Comm. Pietsch, seconded by

Comm. Fjeldahl to open the public

hearing at 9:50 AM regarding the

Home Rule Charter amendment.

Roll call; all voted yes; motion car-

ried. No one from the public came

forward to speak to this issue.

Moved by Comm. Pietsch, second-

ed by Comm. Fjeldahl to close the

public hearing at 9:52 AM. Roll call;

all voted yes; motion carried. Moved

by Comm. Fjeldahl, seconded by

Comm. Anderson to approve the

Amendment Article “2-G” Home

Rule Powers of County with the ad-

dition of the underlined “The county

shall not have the authority to re-

quire additional dedication or dona-

tion of right-of-way abutting areas of

existing right-of-ways. Additional ac-

quired right-of-ways shall be pur-

suant to North Dakota statutory pro-

cedures.” Roll call; all voted yes;

motion carried. Dave Alm, WPC,

Inc. appeared regarding a request

for drilling in Ward County

Right-of-Way in order to address

fuel contamination that is in the

ground water. Travis Schmit, Assis-

tant Engineer, appeared and stated

a bond or bank note is needed so as

not to burden the Ward County tax

payers with the cost. Moved by

Comm. Fjeldahl, seconded by

Comm. Weppler to approve the Ap-

plication for Work Within the

Right-of-Way to allow the drilling if

the bond/bank note request is met.

Roll call; all voted yes; motion car-

ried. Major Larry Hubbard, Sheriff’s

Department appeared regarding a

request for bids on a new van.

Moved by Comm. Weppler, second-

ed by Comm. Pietsch to approve

purchase of a new vehicle from

Minot Automotive as presented.

Roll call; all voted yes; motion car-

ried. Major Paul Olthoff, Detention

Center, appeared regarding a Jail

Service Agreement Amendment.

This amendment extends the agree-

ment for an additional 5 years.

Moved by Comm. Pietsch, second-

ed by Comm. Fjeldahl to approve

the Jail Service Agreement Amend-

ment as presented. Roll call; all vot-

ed yes; motion carried. Rex Weltikol,

Fire Chief of Minot Rural Fire

Department, appeared regarding the

Ward County burn ban. Moved by

Comm. Weppler, seconded by

Comm. Anderson to approve the

Ward County Fire Emergency and

Restrictive Burn Ban through No-

vember 30, 2022, and to have the

Chairman sign. Roll call; all voted

yes; motion carried. Jennifer Wiech-

mann, Emergency Management

Director, appeared to discuss

in-house antibody testing. The

Memorandum of Understanding with

Trinity Health for antibody testing ex-

pired the end of December, 2021.

Moved by Comm. Pietsch, second-

ed by Comm. Anderson to bring an-

tibody testing to an end for Ward

County employees. Roll call; all vot-

ed yes; motion carried. Ms. Wiech-

mann continued with regular CO-

VID-19 rapid testing. An email was

sent to all employees that the Em-

ergency Management office was not

performing testing anymore due to

availability of at-home tests. Ms.

Terras appeared regarding Human

Resource reports on COVID-19 po-

sitivity as presented to the Com-

mission from department heads.

Moved by Comm. Pietsch, second-

ed by Comm. Fjeldahl to cease

in-office COVID-19 Rapid Testing for

Ward County employees and to

have Human Resources bring forth

a report only if there is a significant

increase in COVID-19 positivity

throughout our facilities. Roll call; all

voted yes; motion carried. Dana Lar-

sen, Highway Engineer, appeared

regarding replacing insulation in the

Sawyer shop. Low bid was from

The Foam Depot. Moved by Comm.

Pietsch, seconded by Comm.

Weppler to approve the low quote of

$21,036.40 from The Foam Depot to

install 3 inch of spray foam on the

walls and ceiling of the Sawyer

shop. Roll call; all voted yes; motion

carried. Mr. Larsen continued with

information on a snow plow and

mower map. The initial cost would

be $10,000.00 with an additional

yearly fee of approximately

$3,000.00 for data transmission and

maintenance. This website would

be accessible to the public and there

would be proper marking on the map

for users to know the exact purpose

of the map. Moved by Comm. Fjel-

dahl, seconded by Comm. Pietsch

to authorize the Highway Depart-

ment to proceed with the design and

launch the Snow Plow and Mower

Tracking Web Application. Roll call;

all voted yes; motion carried. The

last item presented by Mr. Larsen

was the selection of an engineer for

PE on bridge replacement. Moved

by Comm. Weppler, seconded by

Comm. Pietsch to select KLJ En-

gineering to complete the prelim-

inary engineering for the replace-

ment of bridge number 51-155-50.0

located one-mile south of the City of

Sawyer on 153rd Street SE, and au-

thorize the chairman to sign the en-

gineering contract. Roll call; all vot-

ed yes; motion carried. Noreen Bar-

ton, Director of Tax Equalization, ap-

peared regarding the Tax Roll

Memorandum. Moved by Comm.

Weppler, seconded by Comm.

Pietsch to approve adjustments to

Tax Roll Memorandum as present-

ed. Roll call; all voted yes; motion

carried. Doug Diedrichsen, Planning

& Zoning Administrator appeared re-

garding a Plat Application for Clint

and Sara Neshem for the following

described property: Proposed Outlot

2 being a portion of NE4NE4

30-154-84. The applicant is propos-

ing to parcel an outlot, proposed

Outlot 2 is 9.83 acres. This outlot is

for future residential purposes. Burt

Township zoning applies with the

township recommending approval.

Planning Commission recommends

approval based on findings of facts

and staff recommendations. Moved

by Comm. Fjeldahl, seconded by

Comm. Anderson to approve the

Plat Application for Clint and Sara

Neshem as recommended by Plan-

ning & Zoning Committee. Roll call;

all voted yes; motion carried. Tam-

my Terras, Human Resources

Director, appeared for a discussion

on the 2021 Compensation Study.

In this study, our current structure

has 45 pay grade levels and the pro-

posed has 25 grade levels. Moved

by Comm. Weppler, seconded by

Comm. Fjeldahl to begin the pro-

cess to resume the compensation

study and meet with each depart-

ment head to get feedback and any

recommendations they may have

utilizing a person from the personnel

committee and the portfolio holder.

Roll call; all voted yes; motion car-

ried. Ms. Terras continued with Gal-

lagher providing us with published

data on the salary study but not cus-

tom market survey data. They can

provide the information, but a waiver

will need to be signed prior to receiv-

ing the data. Moved by Comm.

Weppler, seconded by Comm. Fjel-

dahl to not sign the Sherman Anti-

trust Liability waiver following the

guidance of our State’s Attorney.

Roll call; all voted yes; motion car-

ried. Moved by Comm. Weppler,

seconded by Comm. Anderson to

approve the following payroll

amendment: J. Vermillion, Jail; T.

McManus, Jail; A. Mindt,

Auditor/Treasurer; M. Lemus, Facili-

ties; and L. Simons, State’s Attor-

ney. Roll call; all voted yes; motion

carried. Auditor/Treasurer Marisa

Haman appeared. Moved by Comm.

Weppler, seconded by Comm.

Pietsch to receive and file the follow-

ing correspondence: Email dated

March 25, 2022 from Rich Berg,

Souris Valley United Way; postcard

from ND Water Resources; letter

from City of Minot regarding 20-year

Tax Increment Financing District by

EPIC Companies; Economy at a

Glance for March 2022; meeting

notes regarding Ward County Hu-

man Service Zone and Youthworks

for March 8, 2022; Personnel Com-

mittee Meeting notes for January 18,

2022; Department Head meeting

notes for January 19, 2022 and

February 16, 2022; and to receive

and file 2021 Ward County Annual

Reports for Auditor/Treasurer’s Of-

fice, Highway Department, Library,

State’s Attorney’s Office, and Tax

Equalization. Roll call; all voted yes;

motion carried. Ms. Haman present-

ed the Commission with a bid to pur-

chase foreclosed property. The bid

is for Parcel #RL030090000070.

Minimum sale price for this property

is $32,023.10 with a bid amount of

$32,024.00. Moved by Comm.

Pietsch, seconded by Comm.

Weppler to approve the bid in the

amount of $32,024.00. Roll call; all

voted yes; motion carried. Moved by

Comm. Fjeldahl, seconded by

Comm. Weppler to award 3 days’

additional paid leave to Human

Resources Director Tammy Terras,

and for Auditor Marisa Haman, IT

Director Jason Blowers, Library

Director Kerrianne Boetcher, and

Major Paul Olthoff a cash compen-

sation award in the amount of

$300.00 for stepping up to perform

interim duties while in the process of

hiring a new Facilities Director. Roll

call; all voted yes; motion carried.

Brian Vangsness, Facilities Director,

presented bids regarding a break-

room door for the Administrative

Building. Moved by Comm.

Weppler, seconded by Comm. Fjel-

dahl to put bid quotes into the Amer-

ican Rescue Plan Act internal re-

quest pool. Roll call; all voted yes;

motion carried. Moved by Comm.

Weppler, seconded by Comm.

Pietsch to appoint Jay Livingston

and Mark Schumaker to the Plan-

ning and Zoning Board. Roll call; all

voted yes; motion carried. April 12,

2022 is the date for reviewing inter-

nal applications for the American

Rescue Plan Act funding.

Recess at 10:57 AM.

Meeting was reconvened at 11:05

AM.

Moved by Comm. Weppler, second-

ed by Comm. Pietsch that the Com-

mission conduct an executive ses-

sion under N.D.C.C. Section

44-04-19.1 and Section 44-04-19.2

to consult with and to receive advice

form the County’s legal counsel re-

garding claims related to the Sawyer

& Velva Township Bridge. Roll call;

all voted yes; motion carried. The

executive meeting was opened at

11:06 AM with Chairman Rostad

and Commissioners Anderson,

Pietsch, Rostad, and Weppler

present. Also present were

Auditor/Treasurer Marisa Haman;

Attorney representing Ward County

Bryan Van Grinsven from McGee,

Hankla & Backes; Highway En-

gineer Dana Larsen, Assistant High-

way Engineer Travis Schmit, and

Administrative Assistant Lynae

Schroeder. Attorney Bryan Van

Grinsven of McGee, Hankla &

Backes appeared.

Executive session closed at 11:30

AM.

Reconvened at 11:30 AM into regu-

lar session.

Moved by Comm. Weppler, second-

ed by Comm. Fjeldahl to authorize

our attorney to proceed with litiga-

tion as a bench trial. Roll call; all

voted yes; motion carried. Commis-

sioners John Fjeldahl, John Pietsch,

and Shelly Weppler attended the

Building Security meeting on March

17, 2022. No final action was taken.

At 11:32 AM with no further busi-

ness, the meeting was adjourned.

(April 26, 2022)

NOTICE OF EXECUTION SALE

NOTICE IS HEREBY GIVEN that by

virtue of a judgment and decree of

foreclosre rendered andgiven by the

District Cut in and for the County of

Ward, North Dakot, North Central

Judicial District, entered and docket-

ed in the office of the clerk of said

Court on the 4th day of February,

2022 in Civil Case No.

51-2022-CV-00038, in which

NORTH STAR COMMUNITY

CREDIT UNION, fka NORTHERN

TIER FEDERAL CREDIT UNION,

was Plaintiff, and MARSH PRO-

PERTIES, LLC, was Defendant, in

which decree it was adjudged that

there was due and owing to the

Plaintiff upon a note and mortgage

the sum of $633,375,89, and costs

and disbursement, in the amount of

$165.00 for a total of $633,540.39 at

a combined daily accruing interest

rate of $86.329552 per day from and

since September 3, 2020; an by vir-

tue of a writ of special execution to

me issued out of the office of the

clerk of said Court, I will sell said

property separately described in said

judgment herinafter described to the

highest bidder for cash, at public

auction, at the front door of the

courthouse in the City of Minot,

Ward County, North Dakota, on May

25, 2022, at 10:00 a.m. of that day

to satisfy the amount due, plus al-

lowable costs, or so much thereof as

the proceeds of said sale applicable

thereto will satisfy. The period of

redemption on said sale for the real

property described herein shall be

within sixty days from the date of the

sheriff’s sale as provided under the

terms of the mortgages and Chapter

32-19 of the North Dakota Century

Code. The premises to be sold as

aforesaid are located in the County

of Ward, State of North Dakota, as

described as follws, to-wit:

Lot 2 of Airport Industrial Park

Second Addition to the City of

Minot, County of Ward, State of

North Dakota.

Dated this 12th day of April, 2022.

For: Robert Roed

Ward County Sheriff

By:/s/Jamie Williams

Jamie Williams

Deputy

Jason P. Sayler (N.D. ID#08746)

TRAYNOR LAW FIRM, PC

509 5th St. NE, Ste. 1 – PO Box 838

Devils Lake, ND 58301-0838

Telephone:(701) 662-4077

Email: jasonsayler@traynorlaw.com

Attorneys for Plaintiff North Star

Community Credit Union, fka North-

ern Tier Federal Credit Union

(April 26; May 3-10, 2022)

SUMMONS

Case No. 51-2022-DM-00126

STATE OF NORTH DAKOTA

COUNTY OF WARD, IN DISTRICT

COURT, NORTH CENTRAL

JUDICIAL DISTRICT

State of North Dakota, and

Leanne Marie Smith ,

Plaintiffs,

v.

Jacob Michael Midkiff ,

Defendant.

The State of North Dakota to

Jacob Michael Midkiff:

You are summoned and required to

defend against the Complaint by

serving an Answer, which is a writ-

ten response, on the State of North

Dakota and Leanne Marie Smith

within 36 days after service of this

Summons and by also filing that

Answer with the court. If you do not

serve and file an Answer, the court

can grant the requests made in the

Complaint by ordering that a default

judgment be entered against you.

Dated this 12th day of July , 2021.

/s/ Tina M. Heinrich

Tina M. Heinrich

Special Assistant Attorney General

Bar I.D. Number: 04088

1015 S. Broadway Suite 18,

Minot, ND 58701

1-800-231-4255; minotcse@nd.gov

Attorney for Child Support

(April 12, 19, 26, 2022)

SUMMONS

Civil No. 51-2022-CV-00539

STATE OF NORTH DAKOTA IN

DISTRICT COURT

COUNTY OF WARD NORTH

CENTRAL JUDICIAL DISTRICT

ProCollect Services, LLC,

Plaintiff,

vs.

Freeman F. Schmucker Jr,

Defendant.

THE STATE OF NORTH DAKOTA

TO THE ABOVE-NAMED DEFEN-

DANT:

YOU ARE HEREBY SUMMONED

and required to appear and defend

against the Complaint in this action,

which is herewith served upon you,

by serving on the undersigned an

Answer or other proper response

within twenty-one days after service

of this Summons upon you, ex-

clusive of the day of service. If you

fail to do so, judgment by default will

be taken against you for the relief

demanded in the complaint.

Dated April 22, 2022.

/s/ Christopher A. Carlson

Christopher A. Carlson (id #03378)

PO Box 1097

Bismarck ND 58502-1097

701-258-4800

carlsonlaw@qwestoffice.net

Attorney for the Plaintiff

(April 26, May 3, 10, 2022)

SUMMONS

Civil No. 51-2022-CV-00542

STATE OF NORTH DAKOTA IN

DISTRICT COURT

COUNTY OF WARD NORTH

CENTRAL JUDICIAL DISTRICT

ProCollect Services, LLC,

Plaintiff,

VS.

Eric D. Seykora,

Defendant.

THE STATE OF NORTH DAKOTA

TO THE ABOVE-NAMED DEFEN-

DANT:

YOU ARE HEREBY SUMMONED

and required to appear and defend

against the Complaint in this action,

which is herewith served upon you,

by serving on the undersigned an

Answer or other proper response

within twenty-one days after service

of this Summons upon you, ex-

clusive of the day of service. If you

fail to do so, judgment by default will

be taken against you for the relief

demanded in the complaint.

Dated April 22, 2022.

/s/ Christopher A. Carlson

Christopher A. Carlson (id #03378)

PO Box 1097

Bismarck ND 58502-1097

701-258-4800

carlsonlaw@qwestoffice.net

Attorney for the Plaintiff

(April 26, May 3, 10, 2022)