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December 20, 2011 Regular Commission MeetingMinutes of the Board of Ward County Commissioners
December 20, 2011
The regular meeting of the Ward County Commission was called to order by Chairman Fjeldahl at 9:00 a.m. with Comms. Gruenberg, Christianson, and Nybakken present. Also present were Highway Engineer Dana Larsen, States Attorney Roza Larson, and Auditor/Treasurer Devra Smestad.
Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the agenda with additions or corrections. Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the minutes from the December 6, 2011 regular meeting. Roll call: all voted yes; motion carried.
Smestad presented the bills. Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve 2011 Social Welfare bills of $43,024.60, the Human Services bills of $58,386.57, and the following regular bills totaling $560,680.58. Roll call: all voted yes; motion carried.
Highway Engineer Dana Larsen appeared. Moved by Comm. Christianson, seconded by Comm. Gruenberg to authorize the Highway Department to advertise for the purchase of one 15 ft rotary mower, one sign truck, and take proposals on the purchase of a sign/utility box, a boom, and installation of the box, boom, and the other accessories. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the Ward County Highway Department budget amendment as presented below, with a total budget increase of $5,229,978, and totaling $12,199,705:
Roll call: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Christianson to permanently transfer $2,076,700.00 from Farm to Market and $61,400 from Road and Bridge into Road Operations. Roll call: all voted yes; motion carried.
Larsen updated the Commission on all Emergency Road Projects within Ward County.
Arntson Stewart Wegner PC Bond Council Scott Wegner appeared. Wegner handed to the Commission the proposed amortization sheet on the proposed $10 million bond. Comm. Christianson asked about the wording within the Resolutions presented and wanted to know if they could be changed to be more flexible in the usage of the funds. The Resolution currently is worded that the money will be used only for the purpose of “repair and reconstruct County roads that were damaged or destroyed by flooding”. He would like more flexibility in using the money for other disaster related projects. Wegner said that the wording would have to include: “with the criteria set forth or allowed within the program”. Moved by Comm. Christianson, seconded by Comm. Gruenberg to approve the Initial Resolution with the additional wording added: “to provide for other emergency needs to the extent permitted by the program”. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Gruenberg to approve the Resolution and authorize the issuance subject to the following changes: Section 3.01 - schedule changed to June 1, 2013; Section 4.02 – tax levy schedule corrected with corrected amounts; Exhibit A – update date; and the Certificate by the Auditor shall be updated as well. Roll call: all voted yes; motion carried.
ESF-14 FEMA Steve Greene appeared. Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the Souris Basin Recovery Strategy Plan and authorize the Chairperson to appoint a Commissioner to represent Ward County at any implementation meetings and to keep the Board of Commissioners informed about steps taken to implement the plan. Roll call: all voted yes; motion carried.
Zoning Administrator/Building Inspector Mitch Flanagan appeared. Comm. Fjeldahl recessed the regular meeting and opened the public hearing at 9:47 a.m. concerning a moving permit. Darrel Wilkerson, the father of the petitioner, appeared. Moved by Comm. Christianson, seconded by Comm. Gruenberg to close the public hearing at 9:50 a.m. and to approve the moving permit for Darrel and Nickel Wilkerson on a single family dwelling located currently at 1000 65th St NW, Minot and to be moved to 6601 37th Ave SE, Minot. Roll call: all voted yes; motion carried.
Director of Tax Equalization Mike Vendsel appeared. Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the following applications for abatement and/or correction of errors of assessments:
The following have submitted documents and qualify for the disabled veterans exemption:
Roll call: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the 2 applications for Mobile Home tax abatements in the amount of $243.10. Roll call: all voted yes; motion carried.
Emergency Manager Amanda Schooling appeared. Moved by Comm. Gruenberg, seconded by Comm. Nybakken to authorize the Chairman of the Ward County Commission to sign the Homeland Security Radio grant award in the amount of $88,687.90. Roll call: all voted yes; motion carried.
NDSU Extension Agent Lori Scharmer appeared. Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the purchase of 7 file cabinets and 8 chair mats for the Extension Office. Roll call: all voted yes; motion carried.
Comm. Fjeldahl presented the recommendations of the Personnel Committee. Moved by Comm. Christianson, seconded by Comm. Nybakken to amend the current Overtime/Comp-time policy as followed:
Employees classified as exempt are not eligible to receive overtime payment. Such employees are not considered to be on a standard forty (40) hour work week as are other County employees and are expected to work as long as it is reasonably necessary to fulfill their job responsibilities. If, however, circumstances arise that require considerable extra work time, compensation on any basis, including time off with pay, may be authorized by a department head or the Board of County Commissioners. Such time off shall be used in accordance with the comp-time procedures described above, and so as not to disrupt the operations of the department or the County. Exempt employees should note that if such compensatory time is given, that it is not intended to be part of the employee’s salary and benefit package, but is used only as a tool to boost morale. The only circumstance that would be considered requiring considerable extra work time would be when the Board of County Commissioners has officially declared an emergency with Ward County, exempt employees may receive overtime. Such designated emergency will be time and date specific.
Pursuant to the Fair Labor Standards Act Field Operations Handbook of 11/29/10 an employer may pay extra compensation to a bona fide exempt employee working extended or over time hours of work on any basis (e.g. flat sum, bonus payment, hourly rate, straight time, time and one-half, or any other basis, including paid time off at a later date) without invalidating the “salary basis” requirement. See Chapter 22, 22g12 (29 CFR §541.604(a)
Elected officials are not covered under the provisions of the aforementioned policy.
Roll call: all voted yes; motion carried.
Comm. Fjeldahl presented the proposed bonuses for overtime worked during the 2011 Flood Disaster by exempt employees. Comm. Christianson stated that not all of the funding for these bonuses needs to come from the Commissioners’ Contingency account. He would like to see, if passed, the bonus money come from each individual Department and then the Contingency fund if needed. Moved by Comm. Christianson, seconded by Comm. Nybakken to ratify the following bonuses, for overtime worked during the 2011 Flood, as presented less the withdrawn amounts for Lori Scharmer and Gail Slinde: Mike Vendsel - $150; Ron Overly - $100; Bob Barnard - $200; Mike Nason - $150; Rob Roed - $100; Devra Smestad - $250; Jason Blowers - $150; Dana Larsen - $6000; Rick Melchert - $2800. Roll call: all voted yes; motion carried.
IT Administrator Jason Blowers appeared. Blowers updated the Commission on the progress being made with the wiring of the Courthouse and Jail.
Blowers also presented the Commission an upgraded phone that was not available when the bid for the rewiring was initially submitted. Dana Ebel appeared to explain the differences in the phones. Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the upgrading the phones from the bid model ESI 40IP 10/100 to the ESI 60IP Gigabit Phone, at an additional cost of approximately $9,933.00. Roll call: all voted yes; motion carried.
Auditor/Treasurer Devra Smestad appeared. Moved by Comm. Gruenberg, seconded by Comm. Nybakken to receive and file the following correspondence: Joan Gates – Public Administrator; Carlson-McCain – Dakota D-3 E&P Co Pipelines; United Methodist Church – Volunteer in Mission Teams; SWCA – Environmental Assessment; Kadrmas Lee & Jackson – 13th St SE Roadway Reconstruction; Howard Swanson – Dec. 9 State Water Comm. Meeting; Governor Jack Dalrymple – 2011-2013 Biennium Report; City of Minot – Annexations; Sheriff Kukowski – November 2011 Monthly Report. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded Comm. Gruenberg to receive and file monthly reports, including the financial report. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the 2012 Liquor Licenses as followed:
Applicant Type of License Sundays
Behm Enterprises, Inc Liquor, beer & wine – on & off sale yes
Grain Hopper Liquor, beer & wine – on & off sale yes
The Hunters Den Liquor, beer & wine – on & off sale yes
Judy Rice Liquor, beer & wine – on & off sale yes
Kenmare Country Club Beer & wine – on & off sale yes – some
Laddie Inc. dba Speedway Liquor, beer & wine – on & off sale no
M&S Concessions Liquor, beer & wine – on & off sale no
Minot Country Club Liquor, beer & wine – on & off sale no
Minot VFW Post 753 Liquor, beer & wine – on & off sale no
Superpumper, Inc #32 Liquor, beer & wine – off sale yes
Wildwood Country Club Liquor, beer & wine – on & off sale yes
Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the special event permit application for the VFW for January 1st, 2012. Roll call: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the Duplicate Warrant request from Kenneth P Schneider in the amount of $60.00. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the Employee Assistance Program (EAP) Annual Contract. Roll call: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Gruenberg to change the final pay period to December 23rd instead of December 30th, 2011. Roll call: Comm. Nybakken, Gruenberg, and Fjeldahl voted yes; Comm. Christianson voted no; motion carried.
Moved by Comm. Christianson, seconded by Comm. Gruenberg to pre-approve the payment of the end-of-year bills, with a report going to the Commission prior to payment. Roll call: all voted yes; motion carried.
Moved by Comm. Fjeldahl, seconded by Comm. Christianson to approve the redistricting of the precincts as follows:
Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to approve the year-end budget transfers as follows:
Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Gruenberg that the following payroll amendments be approved: Jace Gaulke – Patrol Deputy – Sheriff’s Department (Level 19); William Miller II – Patrol Deputy – Sheriff’s Department (Level 19); Cassandra Robbins – Juvenile Detention Officer – Juvenile Detention (Level 16); Mark Schrader – Juvenile Detention Administrator – Juvenile Detention (Level 25); Nicholas Wooster – Patrol Deputy – Sheriff’s Department (Level 19).Roll call: all voted yes; motion carried.
Smestad asked for a clarification of the May 3rd motion, which states as follows:
Moved by Comm. Fjeldahl, seconded by Comm. Christianson to approve the following policies recommended by the personnel committee:
(1)If an annual evaluation score is 42 or above, and the position is less than midpoint of the pay range, the position may receive a 5% increase. If the annual evaluation score is 42 or above and the position is at midpoint or above, the position may receive a 2½ % increase. If a range change occurs due to market study, the position must be placed in the proper range and taken to at least the minimum pay in that range. There will be no percentage increase for moving up in range(s).
(2)It is also suggested to add a box to deny an increase or a box to approve an increase on the evaluation sheet. The purpose of this option is to give the supervisor the tool to hold back a pay increase for an employee who scores at least 42 points, but still needs improvement in areas significant to their position. Roll call: all voted yes; motion carried.
Moved by Comm. Christianson, seconded by Comm. Nybakken to amend the evaluation scoring policy to strike 2½% and replace it with 3%. Roll call: all voted yes; motion carried.
Smestad asked if the County was going away from the Evaluation and Performance levels and solely moving to the above stated process. Larsen also appeared. Comm. Christianson thought that the process was to be similar to the City of Minot’s and that was why the policy change was adopted. Human Resources Director Colleen Houmann appeared and stated most of the Department Heads understood that we were moving away from the Evaluation and Performance and to the process stated in the May 3rd motion. She also stated that she thought the above plan would help with retention and possibly, hiring in the future. The Commission agreed that the above motion should be used for all budgeting purposes and it should stand alone, and not jointly with the Evaluation and Performance Program.
Attorney Howard Swanson appeared and answered questions from the Commission about the State Water Board meeting and decisions made in it.
Comm. Fjeldahl presented the Board appointments for the 2012 year. He appointed Comm. Nybakken to the ESF-14 Implementation Board and Comm. Christianson and himself to the Ward County Water Resource Board.
Smestad let the Commission know that she was asked by the Association of Counties to present information before an Interim Committee about Public Administration. She asked the Commissions if they wanted anything specific presented. Comm. Fjeldahl suggested that the Ward County Public Administrator and possibly the Court Administration go.
At 11:30 a.m., with no further business, the meeting was adjourned.
ACCEPTED AND APPROVED THIS 3rd DAY OF JANUARY, 2012.
s/ John Fjeldahl
Chairman, Ward County Board of Commissioners
ATTEST:
s/ Devra Smestad
Auditor/Treasurer, Ward County
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