February 7, 2017
The Williams County Commission met in regular session this 7th day of February, 2017 beginning at 8:00
AM in the Memorial Room of the Williams County Courthouse.
Auditor Innis called the meeting to order and took roll call of: Ramberg-here, Aberle-here, Hanson–here,
and Kemp-here.
There being a quorum, Chairman Montgomery proceeded.
Chairman Montgomery stated that a motion is needed to hold an Executive Session at 9:45 AM for
Attorney consultation to discuss the Sorenson case. The legal authority for holding an Executive Session
is North Dakota Century Code Section 44-04-19.1 subsection 2 and North Dakota Century Code Section
44-04-19.2 subsection 1. Kemp moved Aberle seconded to hold an Executive Session. Motion carried.
Hanson moved Ramberg seconded approval of the consent agenda:
1. Abatements- 2016 Bakken Commerce Center II LLC City of Williston Bakken Industrial Park
2nd Addition L2 B2 45% adjustment for topography; 2016 DAV Rory/Emily Cowan Truax
Township MS13-0062 in S2NENE Section 20 T154 R98; 2016 City of Williston SESESE
Unplatted Ex Sublot 6 Section 24 T155 R101 residential property burned/removed;
2015/2016 Donald McGregor Sauk Valley Township Former GN Lease Site 40240911 NWSW
Section 14 reflection of true value adjustment; 2016 Homestead Credit Margaret Meek City
of Williston Highland Homes 2nd Addition L11 B6; 2015/2016 Homestead Credit Robert
Messersmith City of Tioga Simons Addition L4 & N2 L5 B7; 2015/2016 DAV AR Nelson City of
Williston Henry H Sorenson 5th Addition L12 B14; 2016 Nova Oilfield Services INC City of
Williston Tofte-Bean Subdivision L3 B1 structure over assessed; 2016 Homestead Credit
correct paperwork Mary K/Richard Odegard City of Williston Pheasant Run Subdivision L15
B8; 2015 Homestead Credit Helen Olson City of Epping Triangular Parcel SE Corner L3
Section 1 T155 R99; 2015/2016 Rempire LLC Blacktail Township Blacktail Dam Subdivision
L128 B5 removal of residential structure; 2017 Rocky Mountain Trucking City of Ray Lake
Park Subdivision B2 1978 14X70 Bay Serial # 813779 on permit system; 2016 Raymond
Schmidt RR Leased Site #40546078 14,580 sq. ft. assessment removed lease terminated;
2016 Homestead Credit Ruth Stensaker City of Williston Westlawn 2nd Addition L1 B16; 2016
Jack/Kathleen Sutton Wildrose City East Side Addition L11, 12 B5 no structures on site;
2015/2016 Joseph A Uzdavinis Blue Ridge Township Appam OT L 5 & 6 B7 assessment reflect
true value; 2016 Darrell/Virginia Watterson City of Ray Park Addition L6 B15 value reflect
land only; 2016 Tom Weiss City of Williston Williston Park Subdivision L1R B9 keying error;
and 2015/2016 Homestead Credit Duane Wentz City of Williston Bruegger’s 2nd Addition L11
B25. Escaped Assessments- Lyle/Dorothy Kuester Tyrone Township SESE EX ST Section 26
T156 101 missed assessment of muffler shop was 436,132 now 756,512; 2016 Tuffi Family
Trust Don//Martha Missouri Ridge Township Missouri Ridge Commercial Park L5 B1
Rearrangement L1 B6 missed assessment of completed commercial structure was 220,500
now 647,000; 2016 Ancocaro LLC Tyrone Township Poison Springs Subdivision L1 missed
assessment of modular/stick built structure was 404,600 now 621,300; 2015 Ancocaro LLC
Tyrone Township Poison Springs Subdivision L1 missed assessment of modular/stick built
structure was 372,200 now 590,300; 2014 Ancocaro LLC Tyrone Township Poison Springs
Subdivision L1 missed assessment of modular/stick built structure was 346,200 now
532,100; 2016 Ray Farmers Union Elevator City of Ray Park Addition Rearrangement B 18 &
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S2 B17 N 25’ of L111 & L12 B18 missed assessment was 0 now 203,400; 2016 Floyd/Deborah
Miller N2SE & L10 (38.24) Section 33 T155 R103 assessment no keyed when split was done
was 0 now 71,932; 2016 Douglas/Jodi Kirkwood Missouri Ridge Township Marion’s Ridge
Subdivision L3 B1 missed assessment was 10,200 now 253,500; and 2016 Oasis Petroleum
North America City of Williston NESE & SENE Section 34 Sublot 11 T155 R101 not keyed
when split was done was 0 now 6,474,500.
2. 1% Public Safety Awards- Williams County Sheriff’s Office- $4,000.00; Williams County EMS$8,800.00; Grenora Ambulance- $11,667.00; and Williams County Commission/911$4,800.00. (Copy included in minutes)
3. January 3rd and 17th minutes.
4. Transfer orders #288- 2016 Year end transfers, 2017 Fiscal Year Transfer; Fund 216 County
Highway Complex to Fund 114 Debt Service in the amount of $2,382,874.89. (Copy included
in minutes)
5. Bills to be paid February 8th.
Motion carried.
Kameron Hymer, Development Services Director discussed the Sky Watch Group project in the City of
Ray. Special States Attorney Karen Prout, who spoke with the City of Ray on their intentions for the
project have not answered her back. Ramberg moved Hanson seconded to table and put under the
Unfinished Business portion of the agenda. Motion carried.
Nathan Hall presented Planning/Zoning items.
Zone change of a 15 acre parcel from agricultural to rural residential presented by Tate Cymbaluk agent
for Ella Mae Pasternak in order to separate the farmstead from the quarter section. Ramberg moved
Hanson seconded to follow the recommendations of Planning/Zoning of approval located in the SE4
Section 32 T158 R102 Good Luck Township with conditions to adhere to NDCC and Williams County
Ordinance and completion of minor subdivision process. Motion carried. (Ella Mae Pasternak)
Zone change from commercial to heavy industrial and conditional use permit for Rud Corporation/Brent
Rud with J Hoffman in attendance representing the applicant which intends to maintain the truck repair
shop, common/office building, and the storage building. The house and immediate outbuildings are to
be removed. Truck service, general office, and storage are permitted in this use in this zoning. The
applicant’s proposal is to construct an eight-bay truck unloading facility including LACT (Lease
Automated Custody Transfer) metering facilities, a 100,000 barrel storage tank, and pumps and auxiliary
equipment. Oil transfer and storage is a conditional use in this zoning. Hoffman stated that they are
okay with the conditions/requirements set forth by Planning/Zoning. Ramberg moved Aberle seconded
to follow the recommendations of Planning/Zoning of approval located on 14 acres in the NW4 Section
5 T155 R95 Dry Fork Township with the conditions to pave 104th to 100’ south of the south entry; pave
100’ past road easement into project with trackout device at end; provide grading plan; adhere to
Williams County Water Board requirements; building permits and inspections shall be obtained as
required by currently adopted ND State Building Code; comply with Highway Department
recommendations regarding paving and other improvements; and completion of minor subdivision
process. Motion carried. (Rud Corporation/Brent Rud)
Sam Henderson, Senior Planner presented the Temporary Housing Update to the Commission. Trailers
stored on property are okay as long as they are not connected to utilities. They are going to alert
individuals that their conditional use permits are expiring this year by certified letters a couple of
months before they expire. Prout stated that if the trailers are not connected to utilities they are not
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assessed any taxes. Darcy Anderson, Tax Director will be asked if and how Capital Lodge and Target
Logistics are being taxed. Prout and Henderson will work on a solution for these units to be taxed or
they have to be removed. These were shut down in 2015 but there was no time frame as to when they
have to have the site returned to its original condition. Henderson reported that Planning/Zoning has
been discussing weed control of the sites. Prout and Jerry Summerville (Weed Control Director) will
meet to get an ordinance drafted through the Weed Board. Planning/Zoning support all of
Summerville’s efforts treating the current weed problems.
Fran Bosch, Vector Control Director reported that his Board of Directors directed him to come to the
Commission stating that they are in favor of keeping the new six Board members on until the retirement
of Shawn Wenko, which is the end of 2017. Commissioner Steve Kemp was replaced by George
Pederson on the Board and Chuck Wilder, who will replace Wenko, is the new sixth member. Per the
NDCC the Board is to be three members, but Kemp stated that in 2008 there was not enough
community engagement so they went to a five member board. Prout questioned as to what would
happen if there was a tie in a six member board. Bosch stated that the Board would like to remain with
a six member Board permanently. Chairman Montgomery moved Hanson seconded that the Vector
Control Board will remain as a five member Board. Motion carried.
Kari Evenson, Treasurer/Recorder brought up the question of the Bank of the West as being a
depository and Hanan Levin, Director of Capital Markets would like to visit with the Commission
reference investments. Evenson stated that her opinion is to stay with financial institutions within
Williams County as they meet our needs. The Commission can meet with Levin or refer him to the
Finance Committee. Kemp moved Aberle seconded that Williams County will utilize our local financial
institutions as long as they meet our needs. Motion carried.
Dennis Nelson, County Highway Superintendent stated he received a proposal to remove the tanks at
the old County Highway from LT Environmental in the amount of $87,450.00. Ramberg moved Aberle
seconded to enter into a construction agreement with LT Environmental for the tank removal. Motion
carried.
Nelson gave a road update.
Nelson reported that the Paradise Point road was approved for SRP funding with a 60/40 split and the
County’s share will be $80,000.00. Nelson stated that the project has to be completed this year or
forfeit the funding. Aberle moved Hanson seconded to proceed with the project at Paradise Point with
the County funds to come from the Frost Law Permit funds. Motion carried.
Nelson stated that the annual Frost Law Meeting with the industry will be held February 28th beginning
at 1:30 PM at the Williams County Highway Complex.
Nelson stated that the annual culvert, tires, gravel hauling/crushing bids will be let at the March
meeting.
Helen Askim, HR Director presented her Open Position Report with the request to fill two Correctional
Officers positions. Hanson moved Aberle seconded approval of the request. Motion carried. (Copy
included in minutes)
Askim reported that Hymer stated that currently he doesn’t need any additional positions filled, but he
will advise Askim and Chairman Montgomery if he needs help.
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Askim gave an update on the Facilities Director’s position.
Askim is working with Ryan Stepan, IT Director on a remote worker position. Her work load and
approximately 90% of her work duties can be accomplished remotely. The employee is willing to
commit to 6 months to a year dedicated to Williams County.
Stepan stated that he put in his budget for 2017 Dell Equipment of $47,000.00 for server/storage
hardware; $40,000.00 for networking; and $9,000.00 for software totaling $96,000.00. His quotes for
purchases are as follows from Dell:
Equipment
Subtotal
Discount
Total
Storage Equipment
$295,325.16
$259,346.00
$36,603.16
Disaster Recovery
Software
$29,811.75
$20,870.00
$8,914.75
Dell Switch
$5,999.99
$999.99
$5,000.00
2 Additional Dell
Servers
$14,000.00 each
50% discount
$$13,999.94
Total for everything is $64,544.85 after approximately $295,215.00 in discounts. Hanson moved Aberle
seconded to proceed with the purchases. Motion carried.
The Commission recessed at 8:58 AM for the Executive Session.
The Executive Session convened at 9:00 AM with Commissioners Ramberg, Aberle, Chairman
Montgomery, Hanson, and Kemp in attendance. The authority for holding the Executive Session is NDCC
44-04-19.1 (2) and NDCC 44-04-19.2 (1). The reason for the session was to discuss the motion for order
to show cause filed by Pilot in the Federal Court Case against the Board. The Executive Session
adjourned at 9:40 AM.
The Commission reconvened at 9:42 AM.
Aberle moved Kemp seconded authorizing the Chairman to sign the Cost Share Agreement Project
Budget Amendment estimated at $81,324.72 for the update to the City of Williston Comprehensive Land
Use Plan, Transportation Plan, and Corridor Study adopted in 2010, which was approved by the
Commission on October 7, 2014. Motion carried.
Hanson moved Ramberg seconded authorizing the Chairman to sign the Joint Powers Agreement with
Divide County for culverts. Motion carried.
Discussion was held on the abandoned trailers on the James Farroh property. Williams County received
a court order #53-2016-CV-01209 stating that they are to be removed from the parcel described as
N2NENENE Section 8 T155 R102. Hymer posted all the proper notifications and they still have not been
removed. There are four 5th wheel campers and one bumper pull. The estimated cost for them to be
removed is approximately $8,000.00, which can be assessed against his property taxes. Kemp moved
Aberle seconded to get them removed at whatever cost. Motion carried.
Nelson commented that along Highway 1804 the County will receive a deed from the State for R/O/W
then the County can at some time deed it back to the adjoining landowner.
The first meeting in March will be set for Thursday March 2nd beginning at 8:00 AM in the Memorial
Room of the Courthouse.
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There being no further business, the meeting recessed at 10:00 AM.
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