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April 15, 2008 Regular meetingThe regular meeting of the Ward County Commission was called to order by Chairman Erickson at 9:00 a.m. with Comms. Fjeldahl, Gruenberg, Watne, and Lee present. Also present were Auditor/Treasurer Devra Smestad; County Engineer Dana Larsen; and State's Attorney John Van Grinsven.
Smestad presented additions to the agenda. It was moved by Comm. Gruenberg, seconded by Comm. Lee to approve the agenda additions. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Watne to approve the minutes of the April 1st regular and April 1st Farm to Market meetings. Roll call: all voted yes; motion carried.
Smestad then presented the bills. With Recorder Sheila Dalen appearing for comment it was moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the bills totaling $109,782.94. Roll call: all voted yes; motion carried.
Jeff McElwain of Ackerman-Estvold Engineering then appeared. It was moved by Comm. Fjeldahl, seconded by Comm. Watne to: 1) accept the bids for Robinwood Estates Paving District No 1-2007; 2) award the contract to the low bidder of Keller Paving & Landscaping, Inc.; and 3) authorize the Chairman to sign the Notice of Award, Construction contract and notice to proceed. Roll call: all voted yes; motion carried.
With McElwain still present, it was moved by Comm. Watne, seconded by Comm. Fjeldahl to: 1) accept the bids for Apple Grove Additions 38th St SE, Paving District No 1-2007; 2) award the contract to the low bidder of Keller Paving & Landscaping, Inc.; and 3) authorize the Chairman to sign the Notice of Award, Construction contract and notice to proceed. Roll call: all voted yes; motion carried.
McElwain then requested approval of the West Hills Acres Paving District No 1-2008. It was moved by Comm. Lee, seconded by Comm. Fjeldahl to: 1) approve the plans and specifications and 2) authorize the following advertisement for the project:
NOTICE IS HEREBY GIVEN that Ward County, Minot, ND, will receive sealed Bids for the construction of West Hills Acres, Paving District No. 1-2008, at Ward County Highway Department, P.O. Box 5005 (physical address: 900 13th St SE), Minot, North Dakota, 58702, until 11:00 AM, Friday, May 9, 2008, at which time all Bids will be publicly opened and read aloud.
All Bids must be submitted, and all work shall be done, in full and strict compliance with:
1. The Plans and Specifications for this project;
2. North Dakota Department of Transportation Standard Specifications for Road and Bridge Construction, 2002.
3. Any Special Conditions for this project.
Copies of the Project Manual, including Plans, Specifications, Bidding Documents and Contract Documents may be obtained from Ackerman-Estvold Engineering & Management Consulting, Inc., 6008 Hwy 2 East, Minot, North Dakota, 58701, Ph: (701) 837-8737; upon payment of fifty dollars ($50.00) for each set of documents, none of which will be returned.
The general Work covered by the Plans and Specifications for West Hills Acres, Paving District No. 1-2008 is the materials, labor, tools and equipment required for a street improvement project. In general, the Work consists of roadway shaping and asphalt paving, and other items as identified in the Drawings and Project Manual.
All Bids are to be submitted on the basis of cash payment for the Work and Materials, and are to be enclosed in a sealed envelope addressed to the undersigned County Chairperson, accompanied by a separate envelope containing a Bidder’s Bond in the sum equal to 5% of the full amount of the Bid, executed by the Bidder as Principal, and by a Surety, conditioned that if the Principal’s Bid is accepted and the contract awarded to the Principal, the Principal, within ten days after notice of award, shall execute a Contract in accordance with the terms of the Bid and Performance and Payment Bonds as required by the law and the regulation and determinations of the Owner. Countersignature of a Bid Bond is not required. Bidders shall be licensed for the full amount of the Bid, as required by Section 43-07-05 of the North Dakota Century Code.
No Bid may be read or considered if it does not fully comply with the requirements of Section 48-01.1-05 of the North Dakota Century Code. Any deficient Bid received will be resealed and returned to the Bidder immediately.
The Owner reserves the right to hold all Bids for 30 days, to reject any or all Bids and to waive any informality or irregularity in any Bid and to accept the Bid deemed in the best interest of the Owner.
There shall be endorsed upon the outside of the envelope containing the Bid, the following:
1. “West Hills Acres, Paving District No. 1-2008, Harrison Township, Ward County, ND”
2. The name of the person, firm, corporation, or joint venture submitting the Bid.
3. The Bidder’s Contractor’s License or Contractor’s License Renewal Number. A copy of the Bidder’s Contractor’s License or Contractor’s License Renewal shall be included in the Bid Bond envelope along with the Bid.
4. Acknowledgement of the Addenda.
All work on this project shall be completed and ready for final payment in accordance with the General Conditions by September 1, 2008.
Should the Contractor fail to complete its obligations under the Contract within the time required herein or within such extra time as may have been granted by formal extensions of time approved by the Owner, there will be deducted from any amount due to the Contractor the sum of $600.00 per day (with no suspension for winter work) for each and every calendar day that the Substantial or Final Completion of the Work is delayed. The Contractor and his Surety will be liable for any excess. Such payment will be as and for liquidated damages and not as a penalty.
Roll call: all voted yes; motion carried.
Minot Rural Fire Chief Rex Weltikol then appeared. With State's Attorney John Van Grinsven and Emergency Manager Al Reynolds appearing for comment it was moved by Comm. Watne, seconded by Comm. Gruenberg to adopt the following proclamation:
WHEREAS, Ward County, North Dakota is under abnormally dry conditions; and
WHEREAS, Ward County has either sustained or been threatened with rural fires as of this date; and
WHEREAS, all available resources remain committed to protecting life and property; and
WHEREAS, the impact of fires could threaten the health, well-being, and safety
of citizens in Ward County; and
WHEREAS, the cost of response and the inordinate equipment wear may be far in excess of available County resources.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Ward County Commissioners, pursuant to NDCC 37-17.1-10, declares a Fire Disaster Declaration and a Burn Ban prohibiting any open burning for Ward County, North Dakota for a period of seven (7) days. ANY INDIVIDUAL WHO WILLFULLY VIOLATES THIS BURN BAN IS GUILTY OF AN INFRACTION, BY A MAXIMUM OF A $500 FINE, AND SUCH ACTION TO BE PROCESSED IN THE WARD COUNTY DISTRICT COURT PURSUANT TO NDCC 37-17.10(3).
Roll call: all voted yes; motion carried.
Jerry Chavez, President of the Minot Area Development Corporation then appeared to present the Board with an update on the MG Grains project.
At 9:30 a.m. the time set for a public hearing on a variance request at Rice Lake, Chairman Erickson opened the hearing. Director of Tax Equalization Don Siebert; Michael Hoff; Dennis Long; and Engineer Larsen appeared for comment. It was moved by Comm. Lee, seconded by Comm. Fjeldahl to recess the hearing until May 6 and table any action until after a review of the property had been completed. The Board then set a date of Monday, April 21st at 1:00 p.m. to meet and review the property. At 9:44 a.m. the public hearing was closed.
With Siebert present, it was moved by Comm. Lee, seconded by Comm. Gruenberg to: 1) approve the following applications for 2007 disabled veterans exemption: Mark Huether, MI 23.021.850.0200, reduce the true and full value from $84,600 to $22,600; Darrel Kerzmann, MI 14.229.010.0040, reduce the true and full value from $128,800 to $56,800; John Denn, MI 11.517.020.0020, reduce the true and full value from $82,800 to $32,400; Colleen Kramp, MI 22.288.253.0010, reduce the true and full value from $78,000 to $17,600; and Donald Smestad, MI 14.476.030.0022, reduce the true and full value from $103,800 to $7,000; and 2) application for Homestead Credit from Darlene Kaul, MI 23.212.030.0090, qualifies for 40 percent credit. Roll call: all voted yes; motion carried.
Siebert then presented Donnybrook City Council’s request that a home in Donnybrook taken by Ward County for back taxes be demolished. Smestad also informed the Board that there had been a request from someone to view a home in Kenmare, but the County had no keys to enter the property. She questioned if there was a policy stating that all tax seized properties be locked. It was then moved by Comm. Fjeldahl, seconded by Comm. Lee to destroy the house in Donnybrook in the cheapest manner, including offering it to the fire department to be used for training; and to have two Commissioners review the properties in Kenmare to make sure they are properly secured. Roll call: all voted yes; motion carried.
At 9:55 a.m. the Board recessed.
At 10:03 a.m. the Board reconvened with all members present.
At 10:03 a.m. past the time set for a public hearing, Chairman Erickson opened the hearing on a proposed change to the 1993 Resolution to Reform Alcoholic Beverage Retail Sale Licensure and Regulation in Ward County, North Dakota Excepting incorporated Cities. Van Grinsven appeared for comment; and with no others appearing either in favor of or against the amendment, it was moved by Comm. Gruenberg, seconded by Comm. Watne to adopt the following resolution:
WHEREAS, by resolution by the Board of Ward County Commissioners on August 16, 1993, and as subsequently amended thereafter, a policy governing liquor sales within the County and outside incorporated cities was approved, and
WHEREAS, this Board has now considered an amendment to said resolution to delete the language prohibiting dancing in a supper club license as defined in the Definition section, sub-part J, of Section 1 of the 1993 regulatory resolution of said Commission, and
WHEREAS, this Board finds the requested amendment to be reasonable under title 5 of the NDCC, now
THEREFORE, BE IT RESOLVED, that the following section of sub-part J of the Definitions contained in Section 1 of the 1993 resolution be amended as shown:
SECTION I: DEFINITIONS
J. “Supper Club” means the place where food service is the primary function and where, with the Supper Club license, the sale of liquor and beer will be permitted and where the patrons may be entertained by performers,
Roll call: all voted yes; motion carried. Chairman Erickson closed the hearing at 10:11 a.m.
Smestad then presented items to the Board for action and information.
It was moved by Comm. Lee, seconded by Comm. Watne to: 1) receive and file the following correspondence: Public Service Commission – Enbridge Pipelines; NDIRF – conferment of benefits; 2) to receive and file the monthly reports, including financial reports; 3) to receive and file the 2007 property inventory report; and 4) to approve a request from John Bethel for a duplicate warrant, in the amount of $129.00, in replacement of a warrant assumed lost, mutilated, defaced or destroyed. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Watne to: 1) approve a raffle permit application from Triple R Saddle Club for August 24, 2008 at the Ruthville Rodeo Arena with prizes totaling $574.00; and 2) to approve the following event permit applications: M&S Concessions at the NDSF Jaycee Building on May 10, 2008 from 5:00 to 11:00 p.m. serving beer and mixed drinks for the ND Cigarfest and Dinner; M&S Concessions at the NDSF Grandstands on April 27-May 4, May 11-18, May 25-June 1, June 8-15, June 22-July 5, July 6-14 and August 10-18 from 5:00 to 11:00 p.m. serving beer and wine coolers for the Nodak Races; and M&S Concessions at the NDSF Grandstands on August 24-29 and September 1-2 from 5:00 to 11:00 p.m. and August 30-31 from Noon to 11:00 p.m. serving beer and wine coolers of the Nodak Races/Motor Magic. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to reappoint Hilman Anderson and Nancy Lockrem to the Ward County Reorganization Committee, as recommended by the Superintendent of Schools Jodi Johnson. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Fjeldahl to appoint Gary Neshem to the unexpired term on the Ward County Water Resource Board, effective immediately through December 31, 2009. Roll call: all voted yes; motion carried.
Smestad informed the Board that no applications had been received for the open position on the Minot City Planning Commission. Comm. Fjeldahl informed the Board that someone had contacted him regarding this and he would contact them to let them know the position was still open.
The Board then discussed the appointment of Darla Jost to the Burlington City Planning Commission. Comm. Gruenberg withdrew the request and informed the Board that he would take it back to the Burlington City Council for their appointment.
With Larsen appearing for comment it was moved by Comm. Lee, seconded by Comm. Watne to approve the following applications for payroll amendment: Ryan Filiowich Correctional Officer – Sheriff's Office – Level 9 (new hire); Linda Gregory – Social Worker III – Social Services – Level 11 (new hire); Gary Lee – Court Services Officer – Sheriff's Office – Level 7 (new hire.) Roll call: all voted yes; motion carried.
Then Board then discussed the NAWS tax and upcoming Minot City vote to move ½ of the sales tax to fund the proposed Community Bowl in Minot. With Lynn Martin appearing for comment it was moved by Comm. Fjeldahl, seconded by Comm. Lee to adopt a resolution stating the NAWS money should remain for its intended purposes and not be diverted to other projects. Roll call: Comms. Fjeldahl, Lee and Gruenberg voted yes, Comms. Watne and Erickson voted no; motion carried.
At 10:45 a.m. the Board recessed for the Social Services board meeting.
At 11:18 a.m. the Board reconvened with all members present.
Larsen then appeared with items for information and action.
Discussion was held on the Farm to Market hearing and proposed schedule. After much discussion it was moved by Comm. Lee, seconded by Comm. Fjeldahl to table a Farm to Market decision until the next meeting. Roll call: all voted yes; motion carried. Larsen informed the Board that the Highway Committee would study the schedule and the impact of moving projects around.
Moved by Comm. Watne, seconded by Comm. Erickson to accept the high bid of Sweeny Brothers for the sale of a Volvo loader in the amount of $35,000. After discussion and with Van Grinsven appearing for comment, a substitute motion was moved by Comm. Lee, seconded by Comm. Fjeldahl to take a picture of the loader and place advertisements in the Farm and Ranch Guide, Agweek and the Minot Daily News. Roll call: Comms. Lee, Fjeldahl and Gruenberg voted yes, Comms. Watne and Erickson voted no; motion carried.
It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to reject all the bids received for the sale of the Volvo loader. Roll call: all voted yes; motion carried.
With Van Grinsven appearing briefly for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to forward the information regarding the County supplying and installing culverts for the Townships to Les Enockson from Hiddenwood Township. Roll call: all voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to authorize the County Engineer to accept the request of Cameron Township to do road maintenance work. Roll call: all voted yes; motion carried.
Larsen then requested that he be allowed to hire for the technician position within the first quartile rather than the first 10 percent of a step as stated in policy. It was then moved by Comm. Watne, seconded by Comm. Lee to have the Personnel Committee review this request as it is a major personnel policy change. Roll call: all voted yes; motion carried. A Personnel Committee meeting was then set for April 24 at 8:00 a.m.
Comm. Fjeldahl questioned if the overflow problem at the County North Building had been resolved. Larsen and Building Supervisor Ron Overly appeared for comment and informed the Board that the septic tank needed to be pumped and Overly was looked into getting an alarm installed.
Architect Don Davison then appeared to present a plan for the County North Building and the Courthouse. Larsen appeared to comment on the location of the septic system and drain field. It was moved by Comm. Lee, seconded by Comm. Gruenberg to set up a meeting with the County North Building Committee (Comms. Watne and Lee, Larsen and Davison) to review the plans. Roll call: all voted yes; motion carried. A meeting was then set for April 28 at 8:00 a.m.
Comm. Erickson informed the Board that he had spoken to Jim Eykyn at the Minot Daily News and was informed that the newspaper was not interested in the Morgan Printing lots.
At 12:13 p.m. with no further business it was moved by Comm. Lee, seconded by Comm. Watne to adjourn. Motion carried.
ACCEPTED AND APPROVED THIS 6th DAY OF MAY, 2008.
s/Carroll W Erickson, Chairman
Ward County Board of Commissioners ATTEST:
s/Devra Smestad
Ward County Auditor/Treasurer
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