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February 19, 2008 Regular meeting minutes The 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.
Moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the minutes of the February 5, 2008 regular meeting. Roll call: all voted yes; motion carried.
Discussion was then held on moving the March 4 meeting to another date as three Commissioners would be absent. It was moved by Comm. Lee, seconded by Comm. Watne to set the March meeting dates to March 12 and 18; and to pre-approve any necessary utility bills. Roll call: all voted yes; motion carried.
Smestad presented additions to the agenda. It was moved by Comm. Fjeldahl, seconded by Comm. Lee to approve the agenda as amended. Roll call: all voted yes; motion carried.
Smestad then presented the bills. With Sheriff Vern Erck appearing for comment, it was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the Social Welfare bills totaling $277,847.16; the Human Service bills totaling $47,105.69; and the regular bills totaling $712,665.88. Roll call: all voted yes; motion carried.
Steve Dorval with Interstate Engineering then appeared regarding a memorandum of understanding between the Fort Berthold Tribe, Ward County and the BIA. It was moved by Comm. Watne, seconded by Comm. Gruenberg to authorize the Chairman’s signature on the Memorandum of Understanding between the Fort Berthold Tribe, Ward County, and the BIA for possible funding for improvements to county roads located on the reservation. Roll call: all voted yes; motion carried.
Jail Commander Penny Erickson then appeared. It was moved by Comm. Lee, seconded by Comm. Watne to authorize the Jail Commander to purchase two dryers from E and T Appliance at a price of $849 each with the funds to come from the Jail Commissary funds. Roll call: all voted yes; motion carried.
Jail Commander Erickson was questioned on the updating of jail policies and she informed the Board that they would be presented with the updates in the coming month.
Jeff McElwain, Ackerman Estvold Engineering then appeared regarding the advertisement for bids for the Meadowbrook Estates Paving District No. 1-2007. It was moved by Comm. Watne, seconded by Comm. Gruenberg to approve the following advertisement for bids:
NOTICE IS HEREBY GIVEN that Ward County, Minot, ND, will receive sealed Bids for the construction of Meadowbrook Estates, Paving District No. 1-2007, at Ward County Highway Department, P.O. Box 5005 (physical address: 900 13th St SE), Minot, North Dakota, 58702, until 11:00 AM, Wednesday, March 26, 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 Meadowbrook Estates, Paving District No. 1-2007 is the materials, labor, tools and equipment required for a street improvement project. In general, the Work consists of pavement patching, bituminous seal coat, drainage improvements 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. “Meadowbrook Estates, Paving District No. 1-2007, Sundre 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.
The work shall be substantially complete by August 15, 2008. All Work shall be complete and ready for final payment in accordance with the General Conditions by August 31, 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.
Smestad then presented items for information and action.
Moved by Comm. Watne, seconded by Comm. Gruenberg to receive and file the following correspondence: Garrison Diversion – recreation grants; Darlene Watne – e-mail and response re: Oppen Building; Mark Larson Law Firm – ratification of lease & notice of contract for deed; Dave Leftwich – e-mail re: link to final report of National Surface Transportation Policy & Revenue Study Commission; State's Attorney Van Grinsven – letter to Joe Freund re: snow removal at Child Support Services; Jim Long – availability of space at The Minot Building; Betty Marinchek – senior services. Roll call: all voted yes, except Comm. Lee who voted no; motion carried.
With Van Grinsven appearing for comment, discussion was held on correspondence from Mark Larson regarding the ratification of lease between Ward County and the Oppen Family Guidance Center. It was then moved by Comm. Lee, seconded by Comm. Fjeldahl to invite Mark Larson to the next regular Board meeting to discuss the Oppen Family Guidance Center lease. Roll call: Comms. Lee and Fjeldahl voted yes, Comms. Gruenberg, Watne and Erickson voted no; motion failed.
Discussion was then held on the correspondence from Comm. Watne to Jason Geller regarding the Oppen Center.
It was then moved by Comm. Watne, seconded by Comm. Gruenberg to refer the letter from Betty Marincheck to the Ward County Council on Aging and to Ward County Social Services with a letter being sent to Ms. Marincheck informing her of this action. Roll call: all voted yes; motion carried.
It was moved by Comm. Lee, seconded by Comm. Gruenberg to receive and file the monthly reports, including financial reports; to receive and file the 2007 Ward County Historical Society financial report; and to approve the audit letter from Rath & Mehrer for the 2007 annual audit. Roll call: all voted yes; motion carried.
Moved by Comm. Watne, seconded by Comm. Gruenberg to approve the 2008 contract with the Makoti Development Corporation. Roll call: all voted yes; motion carried.
With McElwain again present, it was moved by Comm. Watne, seconded by Comm. Lee to approve the following Resolution of Necessity for an improvement benefitting West Hills Acres No. 1-2008:
BE IT RESOLVED by the Board of Ward County Commissioners, that the Commissioner has received and considered the report of the engineer, as to the general nature, purpose and feasibility of the proposed improvement benefiting West Hills Acres, Paving District No. 1-2008 and an estimate of the probable cost of the work, and has approved said report and directed that it be filed in the County Auditor/Treasurer’s office, where any interested person may examine it, and determine that it is necessary to make the improvement, to wit:
Provide a new hot bituminous pavement surface on the existing streets in the subdivision.
BE IT FURTHER RESOLVED that special assessments for the improvement shall be levied upon properties within the boundaries for the district as heretofore created, to wit:
WEST HILLS ACRES NO. 1-2008
A subdivision located just north of Ward County Road #15, and west of the Highway 83 Bypass approximately .5 miles west of Minot, ND in Harrison Township, Ward County. The project includes four streets in the subdivision that are not paved at this time: Hilltop Street NW, Highview Ave NW, Harmony St NW and Harmony Court NW. The total length of the roads is approximately 5,760 feet.
BE IT FURTHER RESOLVED that the entire cost to the County shall be paid by the levy of special assessments upon such properties in amounts proportionate to and not exceeding the benefits to be received by them from the improvements; and
BE IT FURTHER RESOLVED that this resolution shall be published once each week for two consecutive weeks in the official newspaper, and the County Commission shall at its meeting to be held April 1, 2008 at 10:00 a.m., hear and determine the sufficiency of any written protests which owners of property within the district may file with the County Auditor/treasurer within thirty days after first publication.
Roll call: all voted yes; motion carried.
Discussion was held on the open city position on the Burlington City Zoning committee and Burlington’s request that the County re-appoint a former city member who now resides outside the City. After further discussion Comm. Gruenberg withdrew Burlington City’s request and informed the Board that the City would re-advertise the position for a city resident.
It was then moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to advertise for the un-expired term on the Ward County Water Resource Board vacated by Loren Zimmer’s death; and to interview the applicants on April 1st. Roll call: all voted yes; motion carried.
Moved by Comm. Watne, seconded by Comm. Lee to authorize Personnel Director Colleen Houmann to attend a two day Human Resource workshop in Bismarck and to pay the registration fees out of the Commissioner’s travel fund. Roll call: all voted yes; motion carried.
Smestad then presented the Board with a copy of the Emergency Service 9-1-1 Communication System $1.00 fee measure to be placed on either the Primary or General Election ballot. It was moved by Comm. Lee, seconded by Comm. Watne to have the State's Attorney draft wording for the continuation of the 9-1-1 system fee of $1.00, and present it at the next meeting. Roll call: all voted yes; motion carried.
With Van Grinsven present, discussion was held on a local advisory study committee. Board consensus was to refer the matter to the next meeting.
At 10:32 a.m. the Board recessed for the Social Service Board meeting.
At 11:09 a.m. the Board reconvened with all members present.
Moved by Comm. Watne, seconded by Comm. Lee to approve the following application for payroll amendment: Anthony Jaramillo – Correctional Officer – Sheriff’s Office – Level 9-1 (new hire.) Roll call: all voted yes; motion carried.
Discussion was then held on the Liaison Committee meeting regarding 55th Street. With Larsen present for comment it was moved by Comm. Lee, seconded by Comm. Watne to approve the concept of the City of Minot and Ward County splitting the local share costs 50/50, with Ward County’s cost not to exceed $587,500; and to refer the plan to the Highway Committee for further review of funding the project. Roll call: all voted yes; motion carried.
With Van Grinsven present, the Board discussed the request of The Klub Minot to allow families to be present until 8:00 p.m. After much discussion it was Board consensus to invite owner Dean Clott to the next Board meeting to discuss a resolution.
Comm. Lee and Larsen then updated the Board on a meeting they had with the City of Minot regarding County Road 12. They informed the Board that the City has agreed to take over snow removal and crack sealing from the intersection of County Roads 12 and 19 to the city limits and then to review adding County Road 12 to the City system in a year.
Larsen then presented items for information and action.
Moved by Comm. Watne, seconded by Comm. Fjeldahl to award the bituminous pavement overlay of County Road 2 from US 52 East to the low bidder, Mayo Construction Co, Inc. in the amount of $1,459,479.08 and to authorize the Chairman’s signature on the necessary contracts. Roll call: all voted yes; motion carried.
The Board set a Highway Committee meeting for Thursday, February 21, 2008 at 7:00 p.m.
At 12:10 p.m. Comm. Lee left the meeting.
At 12:12 p.m. Comm. Lee returned to the meeting.
Discussion was then held on building space needs.
Comms. Erickson and Fjeldahl gave a report on their meeting with Minot Daily News regarding the possible purchase of their parking lot. They were informed that the Minot Daily News owner would be in town on March 24 and suggested they meet at that time.
Brief discussion was held on placing a measure on the June primary ballot regarding a bond issue. Smestad informed the Board that a decision was needed soon as the ballot printing deadline was approaching. Comm. Watne requested that any decisions be held until after the meeting with the Minot Daily News was held. It was then moved by Comm. Lee, seconded by Comm. Gruenberg to formally request a meeting with the Minot Daily News regional manager when he is in town. Roll call: all voted yes; motion carried.
Smestad informed the Board that she would be attending the ND League of Cities meeting March 25 to present a class on budgets and that they would be paying her travel expenses.
At 12:26 p.m. with no further business, it was moved by Comm. Lee, seconded by Comm. Watne to adjourn the meeting. Motion carried.
ACCEPTED AND APPROVED THIS 12th DAY OF MARCH, 2008.
s/Carroll W Erickson, Chairman
Ward County Board of Commissioners ATTEST:
s/Devra Smestad
Ward County Auditor/Treasurer
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