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March 12, 2008 Regular meeting minutesThe regular meeting of the Ward County Commission was called to order by Chairman Erickson at 9:00 a.m. with Comms. Fjeldahl, Watne, and Lee present. Also present were Auditor/Treasurer Devra Smestad; County Engineer Dana Larsen; and State's Attorney John Van Grinsven.
Smestad informed the Board that Larsen had requested to be moved forward on the agenda as he had to leave early for another commitment. Chairman Erickson placed the Highway Department agenda earlier in the meeting.
Moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the minutes of February 19, 2008 meeting with corrections. Roll call: all present voted yes; motion carried.
Smestad then presented the bills. With Larsen appearing for comment it was moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the Social Service bills of $14,256.72 and the regular bills totaling $333,280.88. Roll call: all present voted yes; motion carried.
Dean Clott of The Klub Minot and Van Grinsven then appeared. After discussion regarding the requirement for “supper club”, it was moved by Comm. Fjeldahl, seconded by Comm. Watne to review the 1993 alcohol resolution. Roll call: all present voted yes; motion carried.
Larsen then appeared to present items for information and action.
Moved by Comm. Lee, seconded by Comm. Watne to set the annual Farm to Market hearing for April 1, 2008 at 7:00 p.m. in the Ward County Ex-Servicemen’s Room. Roll call: all present voted yes; motion carried.
With John Burke, Minot, appearing for comment it was moved by Comm. Lee, seconded by Comm. Fjeldahl to authorize the Engineer to develop an approach/access permit for use by the County. Roll call: all present voted yes; motion carried.
It was moved by Comm. Lee, seconded by Comm. Watne that upon the verification of a structural engineer that the bid is complete, the Engineer be authorized to accept the low bid of Mackley Construction, in the amount of $4,776.00, for the remodeling of the lower level at the Highway Department. Roll call: all present voted yes; motion carried.
Moved by Comm. Watne, seconded by Comm. Erickson to authorize the Engineer to accept the low bid of Acme Electric/Tool Crib, in the amount of $3,800.00, for an Ingersoll-Rand air compressor for the Highway Department shop. Roll call: all present voted yes; motion carried.
Larsen then presented items of information.
The Board briefly discussed the funding plan for 55th Street that will be presented at the Farm to Market hearing. Larsen requested that the Highway Committee meet prior the hearing to review the plan.
Alan Estvold, Ackerman-Estvold Engineering, then appeared with advertisement for bids for Apple Grove Additions and Robin Wood Estates paving projects. It was moved by Comm. Lee, seconded by Comm. Watne to approve the following advertisement for bids:
NOTICE IS HEREBY GIVEN that Ward County, Minot, ND, will receive sealed Bids for the construction of Apple Grove Additions, 38th Street SE 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 11:30 AM, Wednesday, April 11, 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 Apple Grove Additions, 38th Street SE Paving District No. 1-2007 is the materials, labor, tools and equipment required for a street improvement project. In general, the Work consists of roadway grading, asphalt paving, bituminous seal coat, utility adjustments, 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. “Apple Grove Additions, 38th Street SE Paving District No. 1-2007, Nedrose
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 hot bituminous paving shall be completed by August 1, 2008. Bituminous Seal Coat application 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.
And:
NOTICE IS HEREBY GIVEN that Ward County, Minot, ND, will receive sealed Bids for the construction of RobinWood 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, April 11, 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 RobinWood 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:
5. “RobinWood Estates Paving District No.1 - 2007, Harrison Township, Ward County, ND”
6. The name of the person, firm, corporation, or joint venture submitting the Bid.
7. 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. 8. Acknowledgement of the Addenda.
All hot bituminous paving shall be completed by August 1st, 2008. Bituminous Seal Coat application shall be complete and ready for final payment in accordance with the General Conditions by August 31st, 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 present voted yes; motion carried.
Director of Tax Equalization Don Siebert then appeared. Moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the following plat applications: Karla Herzig, Outlot 13 of Section 30-156-84 (Kirkelie Township), as recommended by the Ward County Water Resource Board, Kirkelie Township and Ward County Planning Commission; and BACE, LLLP for Outlot 1 of SW Section 36-160-89 (Elmdale Township) as recommended by the Ward County Water Resource Board and Ward County Planning Commission. Roll call: all present voted yes; motion carried.
With Siebert still present it was moved by Comm. Watne, seconded by Comm. Fjeldahl to approve 1) the following applications for abatement and/or correction of errors: Kenneth Gress, AF 01.009.900.0042, reduce the 2007 true and full value from $138,600 to $108,200; All Saints Parish, MI 13.192.050.0022, add a 2007 true and full value of $82,600; Parker Property Group, MI 26.288.153.0412, reduce the 2007 true and full value from $29,600 to $25,000, and MI 26.288.153.0161, reduce the 2007 true and full value from $64,400 to $50,000; Terry Altringer, BT 12.009.900.0850, increase the 2007 true and full value from $1,800 to $124,400; William Staskywicz, KK 28.009.900.0010, reduce the 2007 true and full value from $46,000 to $5,200; Catherine Armstrong, CO 00.000.110.0120, add a 2007 true and full value of $6,800; Tina Webb, NE 34.5U1.100.0000, reduce the 2007 true and full value from $64,600 to $55,800; Chaoying He & Liu Wang, MI 26.732.000.0030, add a 2007 true and full value of $13,600; Ryan Davis, MI 34.128.000.0030, reduce the 2007 true and full value from $302,000 to $285,000; Duane Larson, NE 33.5U0.200.0000, remove the 2007 true and full value of $2,400; and Chad Hauk, MI 24.081.020.0090, reduce the 2007 true and full value from $26,000 to $9,000; 2) the following applications for two-year new construction exemption for 2007: David Tetzloff, MI 11.233.000.0170, reduce the true and full value from $128,400 to $56,400; David Oian, MI 11.230.030.0130, reduce the true and full value from $112,200 to $49,000; Kevin Scherr, MI 11.233.000.0440, reduce the true and full value from $149,000 to $77,000; James Henderson, MI 14.117.000.1060, reduce the true and full value from $168,800 to $96,800; David Schwaiger, MI 15.013.000.0340, reduce the true and full value from $157,600 to $97,600; George E Nice, SR 00.001.203.0040, reduce the true and full value from $155,000 to $83,000; and Jeffrey Stranger, MI 15.114.050.0100, reduce the true and full value from $150,200 to $90,200; 3) the following applications for homestead credit: Gladys Gieser, MI 24.454.040.0080, 60 percent credit for 2007; Elizabeth Hoff, HA 17.009.900.0031, 60 percent credit for 2007; Minnie Bechtold, MI 23.186.000.0011, 100 percent credit for 2007; Vernon Lesmann, SY 00.003.000.0040, 100 percent credit for 2007; Lennie Jo Albohm, KK 35.009.900.0070, 80 percent credit for 2006 and 100 percent credit for 2007; Lavina Pfau, MI 11.232.070.0080, 80 percent credit for 2007; Vernon D Olson, HA 51.012.85, 80 percent credit for 2007; LaVonne Helmers, KM 00.000.619.0020, 100 percent credit for 2006 and 2007; and Phyllis Hahn, KM 00.001.400.0270, 80 percent credit for 2006 and 100 percent credit for 2007 on 50 percent interest in the property; and John Lade, MI 24.063.000.0020, 100 percent credit for 2006 and 2007; and 4) the following applications for mobile home exemption: Ronald Armagost, MI 51.013.45, remove value of $3,940; Craig Schwuchow, MI 51.038.48, reduce the 2007 true and full value from $16,598 to $6,451; Tracey Mosser, MI 51.042.22, reduce the 2008 true and full value from $48,518 to $42,742; Wells Fargo Financial ND, NE 51.035.32, remove 2008 true and full value of $42,689; Melissa Andrist, NE 51.039.20, remove the 2008 true and full value of $3,518; and Phillip Otto, BR 51.012.49, remove the 2007 true and full value of $1,700 and the 2008 true and full value of $2,111. Roll call: all present voted yes; motion carried.
Recorder Sheila Dalen then appeared. Moved by Comm. Lee, seconded by Comm. Watne to accept the refund check from the North Dakota Recorders Information Network (NDIRN) and deposit the funds into the Document Preservation fund. Roll call: all present voted yes; motion carried.
At 10:16 a.m. the Board recessed.
At 10:27 a.m. the Board reconvened with Comms. Fjeldahl, Watne, Erickson and Lee present.
Smestad then presented items for information and action.
Moved by Comm. Lee, seconded by Comm. Watne to receive and file the following correspondence: Nancy Heskin Rakness – Minot Commission on Aging; Lawrence & Janet Shaffer – copy of letter to Rep. Conrad; ND DOT – encroachments on County Roads; Social Services Director Dan Richter – proposed changes to merit system requirements for county social services personnel. Roll call: all present voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to authorize the Chairman’s signature on the contract and contract bond with Mayo Construction and the ND DOT for the bituminous overlay of County Road 2 from US 52 east to the county line. Roll call: all present voted yes; motion carried.
Moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the following: 1) raffle permit application from Bell School for April 4, 2008 with prizes totaling $854.00; and 2) event permit application from Minot VFW Club Post 753, Inc. for a wedding reception on April 5, 2008 with beer, liquor and wine being served from 12 Noon to 1:00 a.m. Roll call: Comms. Watne, Fjeldahl and Erickson voted yes and Comm. Lee voted no; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to authorize a budget amendment for the Sheriff's Office in the amount of $7,436.36 for training expenses reimbursed by the North Dakota POST Board. Roll call: all present voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to approve the following resolution:
WHEREAS, Section 24-05-01 N.D.C.C. provides that 20% of the tax levy made by the County for road and bridge purposes on properties assessed and taxed within the boundaries of incorporated cities shall be remitted to the respective city treasuries; and
WHEREAS, tax collections never reach the 100% level because of discounts granted for early payments and also because of abatements and permanent delinquencies and result in approximately a 95% collection; and
WHEREAS, the 2007 County levy for road and bridge purposes is .24 mills and the cities’ 95% share of the 20% would be $4,582.07; and
WHEREAS, it would be helpful for the cities to get their shares in a lump-sum payment and the remittance of such lump-sum payment would not create an undue burden on the County to make such an advance at this time, and such a payment would cut down on the administration of accomplishing the intent of the law;
NOW, THEREFORE, BE IT RESOLVED, that the County Auditor be authorized and directed to remit 95% of the calculated 20% share of the County road and bridge levy in each City to each City Auditor, as follows:
Minot City Auditor $4,315.50
Kenmare City Auditor 68.07
Berthold City Auditor 33.31
Burlington City Auditor 70.57
Sawyer City Auditor 18.51
Surrey City Auditor 76.11
TOTAL $4,582.07
Roll call: all present voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to approve the election supply bid list from The Printers, Inc. for the 2008 Primary and General elections. Roll call: all present voted yes; motion carried.
Moved by Comm. Lee, seconded by Comm. Watne to extend the collection of the 9-1-1 Communication System Fee of $1.00 for a period of six years. Roll call: all present voted yes; motion carried.
Smestad then presented the Board with a request to use the Ex-Servicemen’s Room for an early voting precinct. With Dalen and Auditor/Treasurer Administrative Assistant Barbara Curren appearing for comment it was moved by Comm. Watne, seconded by Comm. Erickson to authorize the Auditor/Treasurer to use an early voting precinct for one week prior to the June Primary election and two weeks prior to the November General election with polling hours being set from 12:00 Noon to 8:00 p.m. Roll call: Comms. Watne, Fjeldahl and Erickson voted yes and Comm. Lee voted no; motion carried.
Smestad then presented the Board with a Joint Powers Agreement for the purchasing of electronic poll books (e-pollbook.) After discussion it was moved by Comm. Watne, seconded by Comm. Erickson to adopt the following resolution authorizing the Joint Powers Agreement for purchase of the e-pollbook:
WHEREAS various counties of North Dakota have entered into a JPA for the centralized and coordinate acquisition and delivery of essential and optional services by participating member counties (hereafter referred to as the “Master JPA”);
AND WHEREAS, the undersigned county (“County”) is a participating member of the such Master JPA;
AND WHEREAS, the North Dakota Association of Counties (NDACo) has secured the joint acquisition of the services described below on behalf of those participating members of such Master JPA;
AND WHEREAS, the County has determined that the joint acquisition of this specific service is in its best interests;
SERVICE PURCHASED: Electronic Poll Book (e-pollbook) Implementation
NOW THEREFORE, it is hereby RESOLVED:
1. That the County recognizes the potential benefits of automating the process of voter
identification at election polling places, and 2. That the development and effective use of early or election day vote centers involving
multiple precincts is only realistic if automated voter identification has been implemented by the County, and 3. That a joint purchase of the hardware, software, training, and maintenance of this
technology is the most cost-effective means of implementation, and 4. That the North Dakota Association of Counties is willing to enter into an agreement
with the vendor selected by the participating counties for the lease and purchase of this hardware, software, training and/or maintenance, and
5. That the County agrees to pay their apportioned cost pursuant to this agreement,
based on the number of “e-pollbook” installations, and
6. That the County may rescind this acknowledgement without terminating the Master JPA,
by the notifying the NDACo in writing prior to October 1st of the year preceding
termination.
7. That the County accepts that if it terminates this acknowledgement, all costs incurred on
behalf of the County will be the responsibility of the County, and
8. That NDACo shall notify the County in writing, and the County’s participation in this
service will be terminated, at such time as there is a statewide alternative with
temporary partial or full-funding available through the State of North Dakota.
Roll call: Comms. Watne and Erickson voted yes, Comms. Lee and Fjeldahl voted no; motion tied to be revoted at the next full Board meeting.
Moved by Comm. Watne, seconded by Comm. Fjeldahl to approve the following applications for payroll amendment: Robert Watchus – Juvenile Detention Officer – Juvenile Detention – PT (new hire); Ruth Skar – Parent Aid – Social Services (new hire); Roxanne Houim – Juvenile Detention Officer – Juvenile Detention – PT (new hire); Ryan Filiowich – Juvenile Detention Officer – Juvenile Detention – PT (new hire); Adam Allan – Correctional Officer – Sheriff's Office – PT (new hire); Ronald Christopherson – Correctional Officer – Sheriff's Office – PT (new hire.) Roll call: all present voted yes; motion carried.
Smestad then presented a request from Emergency Manger Al Reynolds for the Board’s input on needed office space for a regional response coordinator. Board consensus was to await further information from Reynolds and the State.
Smestad presented another request from Reynolds for the county to present SRT with a plaque of appreciation for their extraordinary support of the county’s first responders. It was then moved by Comm. Watne to approve Reynolds’ request. After discussion, Comm. Watne withdrew her motion and requested that Reynolds provide further information on his request.
Discussion was then held on building needs. Comms. Erickson and Fjeldahl updated the board on their meeting with the Minot Daily News.
With Van Grinsven appearing for comment, the Board then discussed how specific the language of a bond issue needed to be for placement on the ballot.
At 11:35 a.m. with no further business, it was moved by Comm. Watne, seconded by Comm. Erickson to adjourn; motion carried.
ACCEPTED AND APPROVED THIS 18th 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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