Minutes 2014 - Burleigh County

Transcription

BURLEIGH COUNTY COMMISSION
MEETING MINUTES
December 15, 2014
5:00 P.M.
The Burleigh County Commission convened at the Bismarck Veterans Memorial Library with all members present.
Chairman Peluso called the meeting to order with the first item the approval of the bills.
Comm. Bitner reported that he reviewed the bills and recommended approval.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the bills as presented. All members voted “AYE.” Motion carried.
Deputy Auditor/Tax Equalization Director Vietmeier appeared and presented the abatements for the Commission’s consideration; a
complete copy of which is on file and available for inspection in the office of the Burleigh County Auditor/Treasurer.
Motion by Comm. Woodcox, 2nd by Comm. Jones, to approve the Lauf, Kadrmas, Richter, Mattson, Heimes, Jahner, Doerr, Vasey,
Heidt, Gienger, Christie, Prentice Living Trust, Wald, and Geisinger abatements as requested. All members voted “AYE.” Motion
carried.
Engineer Hall appeared and requested authorization to enter into a design agreement for the County Highway 10 & 66th St
Intersection Improvement Project with Bartlett & West.
Hall stated previously the Commission approved the request to seek design service proposals for the improvement of this intersection.
Hall continued that proposals were received from nine (9) consulting firms and that after a review the selection committee ranked
Bartlett & West the most qualified firm to perform the design and construction management services for this project. Hall concluded
that the scope of services has been defined and negotiations completed with the total cost of design and construction administration
services for this project not to exceed $370,406.
Motion by Comm. Schonert, 2nd by Comm. Jones, to authorize the proper county officials to enter into an agreement with Bartlett &
West in an amount not to exceed $370,406 to perform design and construction administration services for the Highway 10 & 66th
Street Intersection Improvement Project. All members voted “AYE”. Motion carried.
Engineer Hall then initiated a discussion related to a proposed developer’s agreement for Country Ridge 1st and 2nd Subdivisions. Hall
stated that as a result of construction delays in 2013 & 2014, the developer of Country Ridge 1st and 2nd Subdivisions (Apple Creek
Developers) were not able to get the subdivision roads constructed or paved. Hall continued the developers are requesting the waiver
of several county zoning requirements thereby allowing the developer to record the plat and sell lots. Hall noted the following work
needs to be completed before the Highway Dept. could recommend approval of the plat of Country Ridge 1st Subdivision:
1. Obtain plan approval for 84th Ave,
2. Obtain road base approval of all roads within the subdivision,
3. Obtain gravel approval of all roads within the subdivision,
4. Obtain paving approval of all roads within the subdivision.
Hall stated the following work needs to be completed before the Highway Dept. could recommend approval of the plat of Country
Ridge 2nd Subdivision:
1. Obtain road base approval of all roads within the subdivision,
2. Obtain gravel approval of all roads within the subdivision.
3. Obtain paving approval of all roads within the subdivision.
Ray Ziegler, Building Official/Director appeared and stated the Burleigh County Planning Commission has approved both subdivisions.
Holly Rudnick appeared and stated her family desires to purchase a lot and build a home in Country Ridge but has been waiting for
two (2) years due to delays. Rudnick stated they would like to be able to start building this spring (2015) as the cost of construction
increases every year.
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Dave Patience, Swenson Hagen Co., appeared and stated the developers are prepared to submit a letter of credit or bond to insure
the remaining required items (road work) are completed on this project.
Motion by Comm. Jones, 2nd by Comm. Woodcox, to table this item and request the County Engineer prepare a “Developers
Agreement” for the County Commission to consider. All members voted “AYE”. Motion carried.
Dave Patience, Swenson Hagen Co., appeared representing Terry Wald regarding a request to close a portion of the section line
between the SE1/4 of Section 1, T138N, R80W (Lincoln Twp.) and the SW1/4 of Section 6, T138N, R79W (Apple Creek Twp.).
Patience continued 52nd St SE was relocated to provide better access to Apple Creek Road due to difficulty of terrain thus providing a
less hazardous route. Patience stated with the road relocation this part of the section line is not needed.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to call for a public hearing at the January 21, 2015 Burleigh County Commission
Meeting for closure of a portion of the section line between the SE1/4 of Section 1, T138N, R80W (Lincoln) and the SW1/4 of Section
6, T138N, R79W (Apple Creek). All members voted “AYE”. Motion carried.
Claus Lembke, a resident living along 57th Ave NW, appeared and requested the cancellation of outstanding special assessments on
the properties adjacent to 57th Ave NW and refunds for landowners who paid their specials early. Lembke stated the 2006 special
assessment road project on 57th Ave NW was replaced by a wider paved road this summer. Lembke stated the landowners along 57th
Ave NW are paying for the road twice; once as each adjacent landowner was assessed $9,446, and now through highway gas funds.
Engineer Hall stated the special assessment paid for the section of 57th Ave NW, but also for four (4) other smaller development roads
within Green Acre Estates. No action was taken.
HR Director Terras appeared regarding consideration of Personnel Policy changes to Chapter 4, Section 1: Group Health Insurance
Policy related to the Affordable Care Act new definition of a full time employee. Terras stated that due to the Affordable Care Act the
definition of a full time employee effective January 1, 2015, is 30 hours worked per week. Terras continued due to this change the
county policy has been updated to reflect the 30 hours instead of 40 hours per week. Terras noted the eligible health plans options
area also being updated since we no longer have a single plus dependent tier.
Motion by Comm. Jones, 2nd by Comm. Woodcox to approve changes to Chapter 4, Section 1: Group Health Insurance Policy related
to the Affordable Care Act new definition of a full time employee. All members voted “AYE.” Motion carried.
Auditor/Treasurer Glatt then presented a request to authorize the purchase of financial and property tax software from Tyler
Technologies, Inc. Glatt reported that earlier this year several county offices were asked to provide input for a needs analysis for a
new software system. Glatt stated the results of this survey were codified and a 67 page request for proposals was developed and
sent to twelve (12) software vendors. Glatt continued two (2) proposals were received and upon a thorough review of the proposals,
contacts were made with other county users, and site visits conducted, a contract has been negotiated. Glatt noted a contract with
Tyler Technologies Inc. has been reviewed and approved by the State’s Attorney’s office.
Motion by Comm. Jones, 2nd by Comm. Schonert, to approve the purchase of financial and property tax software from Tyler
Technologies, Inc and to authorize the auditor/treasurer to sign and execute the License and Services Agreement for the same. All
members voted “AYE”. Motion carried.
Glatt then presented application for appointments to the Burleigh County Water Resource District. Glatt noted one (1) unexpired 1
year term, and one (1) 3 year term are open. Greg Larson, an application for a vacant position, appeared and introduced himself to
the Commission.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to appoint Greg Larson to a three (3) year term to the Burleigh County Water
Resource District. All members voted “AYE”. Motion carried.
Motion by Comm. Jones, 2nd by Comm. Woodcox, to appoint Rick Detwiller to the unexpired term on the Burleigh County Water
Resource District ending 12/31/2015. All members voted “AYE”. Motion carried.
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Comm. Woodcox stated he contacted Helen Schatz, the current board member for the Dakota Prairie Regional Development Council,
and she would be interested in serving another term.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to re-appoint Helen Schatz to the Dakota Prairie RDC. All members voted “AYE”.
Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Woodcox to approve the Ambulance Service Agreement between Burleigh County, Morton
County, City of Mandan, City of Bismarck and the Metro-Area Ambulance, Inc. All members voted “AYE”. Motion carried.
Emergency Manager Senger appeared and presented the Local Emergency Planning Committee (LEPC) Membership proposal.
Senger stated the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRS) establishes requirements for Federal,
State and local governments, Indian Tribes, and industry regarding emergency planning and “Community Right-to-Know” reporting on
hazardous and toxic chemicals.
Motion by Comm. Jones, 2nd by Comm. Woodcox, to approve the membership of the Local Emergency Planning Committee. All
Senger then presented the renewal of the Joint Powers Agreement for Provision of Emergency Management Services with Emmons
County.
Motion by Comm. Bitner, 2nd by Comm. Jones, to approve the renewal of the Joint Powers Agreement for Provision of Emergency
Management Services with Emmons County. All members voted “AYE.” Motion carried.
Comm. Woodcox then presented a grant application for the Court Facilities Improvement Grant.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Court Facilities Improvement Grant application with the ND State
Supreme Court. All members voted “AYE.” Motion carried.
Engineer Hall then presented information regarding the Metropolitan Planning Organization (MPO) Future Land Use Study. Hall
stated he would like to work with the MPO to extend this study to areas that lie outside the MPO boundary. Hall noted that no funds
were budgeted in 2015 for this study but that he would work with the MPO and the consultant to get a cost estimate before
proceeding. By consensus, the Board directed Hall to move forward with a cost estimate to include areas outside the MPO boundary
in the Future Land Use Study.
_______________________
Kevin J. Glatt
Burleigh County Auditor/Treasurer
_____________________________
Jim Peluso, Chairman
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MEETING MINUTES
December 1, 2014
5:00 P.M.
The Burleigh County Commission convened with Commissioners Bitner, Jones, Peluso, Schonert and Woodcox present.
Chairman Peluso called the meeting to order with the first item the approval of the minutes and vouchers.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the November meeting minutes as presented. All members voted
“AYE.” Motion carried.
Comm. Bitner reported that he reviewed the vouchers and recommended approval.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the monthly vouchers, journal vouchers, and filing fee reports as
presented. All members voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Krush, McLean, and Daly abatements as requested. All members
voted “AYE.” Motion carried.
Auditor/Treasurer Glatt explained the Attendant Care Grant Agreement. Glatt stated the grant agreement names the ND Division of
Juvenile Services as the designated agency for the federal funds, NDACo as the administrator of the funds, and the County as the
provider of services. Glatt stated the grant provides approximately $30,000 in Federal funds for services provided by Youthworks for
juvenile offenders who cannot or do not need to be placed in a physically secure setting and cannot be immediately released to their
parents, need to be held until a longer term placement can be arranged, need to be held while an investigation is being conducted,
and for whom shelter care is not appropriate due to the risk of running. Glatt noted the grant agreement has been reviewed and
approved by the State’s Attorney.
Motion by Comm. Schonert, 2nd by Comm. Bitner to approve the Attendant Care Grant Agreement between the ND Division of
Juvenile Services as the designated agency of the federal funds, NDACo as the administrator of the funds, and the County as the
provider of services with NDACo continuing to directly issue reimbursements for the costs outlined in the Guidelines to Youthworks for
the attendant care services provided. All members voted “AYE”. Motion carried.
Sheriff Heinert appeared and presented the Detention Center report for the month of November. Heinert noted 313 prisoner nights
were spent outside the Burleigh County facility at a cost of $14,972 bringing the yearly total to $297,211. Heinert noted there are
currently 277 individuals utilizing the 24/7 testing program on a daily basis, with 81 on the drug patch, 145 on the ankle bracelet, and
51 on two-a-day breath tests.
Heinert also described a tentative timeline for the new Detention Center bid opening.
Heinert stated that at the January 5, 2015, Commission meeting authorization will be requested to advertise bids for the new
Detention Center with a bid opening date of February 18, 2015. Heinert concluded that a Combined Burleigh/Morton Commission
meeting is planned for March 2, 2015, to award bids. No action was taken.
Auditor/Treasurer Glatt reported there are two (2), three (3) year terms available on the Burleigh County Water Resource District
(BCWRD). Glatt noted at this time, no applications have been received.
Glatt also stated that an appointment to the Dakota Prairie RDC needs to be made. Comm. Woodcox stated he has tried to contact
Ms. Schatz regarding reappointment with no success. Woodcox noted he will continue to try and contact Schatz.
Comm. Woodcox then initiated a discussion concerning the 2015 Portfolio assignments. Woodcox suggested combining the
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Government Coordination, Bismarck Mandan Chamber of Commerce, Burleigh Morton Mandan Bismarck (BMMB), Bis/Man
Development, and Zoning/Planning portfolios into one portfolio. Comm. Jones suggested combining the Missouri Valley Complex and
County Extension portfolios. No action was taken.
On a motion made seconded and carried the Board adjourned.
_______________________
Kevin J. Glatt
_____________________________
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MEETING MINUTES
November 17, 2014
5:00 P.M.
The Burleigh County Commission convened with all members present.
Chairman Peluso called the meeting to order with the first item of business the approval of the minutes and vouchers.
Comm. Armstrong reported that he reviewed the bills and vouchers and recommended approval of the same.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve the bills as presented. All members voted “AYE.” Motion carried.
This was the hour and date set for a PUBLIC HEARING regarding the Resolution of Necessity for Special Assessment District #58
Skyline Estates Subdivision.
County Engineer Hall appeared and briefly explained the proposed Special Assessment District for the paving of roadways stating that
the required 60% of the landowners signed the petition to create the district. Hall noted the engineer’s estimate of $588,100 to be
spread equally amongst the forty-eight benefited properties per the submitted petition.
Chairman Peluso opened the public hearing and called for public testimony.
As no one else present appeared, the public hearing was closed and the following motion was made:
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to adopt a resolution determining the insufficiency of protests related to the
Resolution of Necessity for Special Assessment District #58, Skyline Estates Subdivision, and to direct the engineer to prepare
detailed plans and specifications. All members voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Brent, Benson, Abel, RF Properties, Ohlhauser, Barth, and Fairbairn
abatements as requested. All members voted “AYE.” Motion carried.
County Engineer Hall appeared and presented the results of the solicitation for proposals for design and construction services related
to the reconstruction of the intersection of County Highway #10 and 66th St. Hall reported that ten (10) quotes were received for the
project. Hall continued interviews were conducted with the top three (3) submitters with Bartlett & West selected for the design
services for the reconstruction of the intersection. Hall stated negotiations are on-going with more information to be provided at the
next meeting. No action was taken.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to reappoint Ken Selzer to a five (5) year term on the Bismarck Planning
Commission. All members voted “AYE.” Motion carried.
Auditor/Treasurer Glatt reminded the Commission an appointment will need to be made for the Dakota Prairie RDC. Glatt stated that
currently Helen Schatz serves as the Commission’s representative. Comm. Woodcox stated he would contact Schatz to see if she is
interested in reappointment and will report at the next meeting.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the raffle permit for the University of Mary Athletics Department. All
Chairman Peluso then initiated a discussion concerning the Department Head position within the County Extension Service Office.
Peluso stated a vacancy exists with the resignation of Tyler Kralicek and an appointment is needed.
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Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve Shaundra Ziemann-Bolinske to become the Department Head for the
County Extension Service Office. All members voted “AYE”. Motion carried.
Chairman Peluso then presented and read a Resolution of Appreciation for Comm. Mark Armstrong.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve and adopt a Resolution of Appreciation recognizing Comm. Mark
Armstrong’s eight (8) years of service on the Burleigh County Commission. All members voted “AYE”. Motion carried.
_______________________
Kevin J. Glatt
_____________________________
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MEETING MINUTES
November 6, 2014
12:10 P.M.
The Burleigh County Commission convened with all members present except Chairman Peluso. Comm. Bitner was present via
telephone.
Vice-Chairman Schonert called the meeting to order with the first item of business the approval of the minutes and vouchers.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to approve the October meeting minutes as presented. All members present
Comm. Armstrong reported that he reviewed the vouchers and recommended approval of the same.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to approve the monthly vouchers, journal vouchers, and filing fee reports as
presented. All members present voted “AYE.” Motion carried.
This was the hour and date set for a public hearing regarding the vacation of the streets, Avenues and alleys located within and
adjacent to Lots 1-24 of Blocks 7-10 and 23 – 26, Menoken Townsite.
County Building Official/Director Ziegler appeared and presented information related to the request to vacate the streets, avenues and
alleys located within and adjacent to Lots 1-24 of Blocks 7-10 and 23 – 26, Menoken Townsite.
Vice Chairman Schonert opened the public hearing and called for any public testimony.
Terry Ennen, Larson Engineering, representing the owner appeared and briefly explained the request.
As no one else present appeared, the public hearing was closed and the following motion was made:
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to approve the vacation of the dedicated streets, avenues, and alleys located
adjacent, between, and within Lots 1 through 24 in Blocks 7, 8, 9, 10, 23, 24, 25, and 26, Menoken Townsite, T139N, R78W,
Menoken Township, Burleigh County ND. All members voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to approve the Ahlgren, Crow, Kluck, Miller, Reis, Steinert, Wagner, Pierce,
Gross, Steiger, Heck, and Fischer abatements as requested. All members present voted “AYE.” Motion carried.
Social Service Director Osadchuk appeared regarding consideration of the Supplemental Nutrition Assistance Program (SNAP)
agreement with the State of ND.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Supplemental Nutrition Assistance Program (SNAP) agreement with
the State of ND. All members present voted “AYE.” Motion carried.
Sheriff Heinert appeared regarding approval of the food services contract extension with CBM Managed Services for an additional
year (November 1 thru October 31) with a rate increase of less than $.01 per meal.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the contract extension with CBM Managed Services for an additional
year (November 1 thru October 31) with a rate increase of less than $.01 per meal. All members present voted “AYE.” Motion
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carried.
County Engineer Hall appeared and presented the annual township road maintenance agreements with both the unorganized and
organized townships.
The County Commission recessed to immediately sit as the respective Burnt Creek, Riverview, Ft. Rice, Lincoln, Phoenix, and Lyman
Unorganized Township Boards of Supervisors for the following motion:
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve as individual Township Boards for Burnt Creek, Riverview, Ft. Rice,
Lincoln, Phoenix, and Lyman Unorganized Townships, the road maintenance agreements with the County, assigning the roles and
responsibility for maintaining township roads within each respective township. All members present voted “AYE.” Motion carried.
The Unorganized Township Boards of Supervisors adjourned and the County Commission immediately reconvened with all members
present except Chairman Peluso. Comm. Bitner was present via telephone.
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to approve and authorize the proper county officials to enter into agreements
with the Organized Townships, assigning the roles and responsibility for maintaining township roads within Burleigh County. All
members present voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to approve the 2015 Commission Meeting schedule as presented. All
Motion by Comm. Armstrong, by Comm. Bitner, to reappoint Tamara Svihl to a five (5) year term on the Burleigh County Housing
Authority and to reappoint Karen Macdonald to a five (5) year term on the County Board of Health. All members present voted “AYE.”
Motion carried.
_______________________
Kevin J. Glatt
_____________________________
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BURLEIGH COUNTY PARK BOARD
MEETING MINUTES
November 6, 2014
12:00 PM
The Burleigh County Park Board convened a regular meeting with all members present except Chairman Peluso and Comm. Prchal.
Comm. Bitner was present via telephone.
Vice-Chairman Schonert called the meeting to order with the first item of business the approval of the monthly minutes and vouchers.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve the October meeting minutes as presented. All members present
Comm. Armstrong reported that he reviewed the monthly vouchers and recommended approval of the same.
Motion by Comm. Armstrong, 2nd Comm. Bitner, to approve payment of the County Park Board bills. All members present voted
Comm. Bement stated that all ramps are in good working condition.
Comm. Bitner presented a quote from Pacific Sound & Video and from Midwest Investigation and Security, Inc. for a surveillance
system at Kniefel Landing. Bitner stated the Misty Waters Convenience Store currently uses Midwest for their surveillance system.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve the purchase of a video surveillance system from Midwest
Investigation and Security Inc. in the amount of $2,150 for Kniefel Landing. All members present voted “AYE”. Motion carried.
Comm. Bitner stated the agreement with Misty Waters Marina, LLC has been modified to reflect the correct name of Misty Waters
along with other minor changes.
Motion by Com. Bitner, 2nd by Comm. Armstrong, to approve the Surveillance Camera Agreement with Misty Waters Marina, LLC. All
members present voted “AYE”. Motion carried.
On a motion made, seconded, and carried, the Board adjourned.
_______________________
Kevin J. Glatt, Auditor/Treasurer
__________________________
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MEETING MINUTES
October 20, 2014
5:00PM
The Burleigh County Commission convened with all members present except Commissioners Bitner and Woodcox.
Chairman Peluso reported that Comm. Woodcox had reviewed the bills and recommended approval.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the bills as presented.
carried.
All members present voted “AYE.” Motion
This was the hour and date set for a public hearing regarding the minimum sale prices as determined for the annual tax sale on
November 18, 2014. Chairman Peluso opened the public hearing and called for any public testimony. As no one present appeared,
the following motion was made:
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to close the public hearing and confirm the minimum sale prices for the annual
tax sale held on November 18, 2014, as previously adopted. All members present voted “AYE.” Motion carried.
Deputy Auditor/Tax Equalization Director Vietmeier appeared and presented the abatements for the Commission’s consideration, a
complete copy of which is on file and available for inspection in the office of the Burleigh County Auditor/Treasurer
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the Bismarck Parks & Recreation District, Heringer, Dronen,
Steffes, Opp, Reis, Dockter, Gums, Helfrich, and Lawrence abatements as requested. All members present voted “AYE”. Motion
carried.
Scott D. Wegner, Arntson Stewart Wegner PC, appeared regarding consideration of reimbursement resolution to allow for the use of
revenue bond proceeds to reimburse Detention Center costs (architect fees, dynamic compaction, land purchase, etc.).
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the reimbursement resolution to allow for the use of revenue bond
proceeds to reimburse Detention Center costs.
Amended Motion by Comm. Armstrong, 2nd by Comm. Schonert, to approve the reimbursement resolution to allow for the use of
revenue bond proceeds to reimburse Detention Center costs with such reimbursement to be approximately $70,000,000.
All members present voted “AYE”. Motion carried.
Vote on original motion: All members present voted “AYE.” Motion carried.
Tom Poweleit, Corey Beyer, and Greg Doucette from Venture Architects / Ubl Design appeared and presented the Detention Center
floor plans and requested authorization to proceed with construction documents.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the proposed floor plan and authorize Venture Architects / Ubl
Design to move forward with construction documents. All members present voted “AYE”. Motion carried.
County Engineer Hall appeared with the following items for the Board’s consideration:
a) Consideration of 2015 Highway Department fee schedule,
b) Authorize advertisement of bids for (1) motor grader,
c) Authorize advertisement of bids for (1) 3 cubic yard & (1) 4 cubic yard loader.
Hall stated the Highway Department is seeking approval of the 2015 Highway Department fee schedule. Hall noted the fee schedule
includes minor changes from the 2014 fee schedule.
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Motion by Comm. Schonert, 2nd by Comm. Armstrong to adopt the 2015 Highway Department fee schedule. All members present
voted “AYE”. Motion carried.
Hall then requested authorization to advertise for bids for a new motor grader as approved in the 2015 budget. Hall stated the motor
grader would be purchased under a 5 year – total cost bid with a guaranteed repurchase price at the end of the period.
Motion by Comm. Schonert, 2nd by Comm. Armstrong to authorize the advertisement of bids for the purchase of a new motor grander
under a five (5) year total cost bid with a guaranteed repurchase price at the end of the period. All members present voted “AYE”.
Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Schonert to authorize the County Auditor and County Engineer to advertise for the sale of
the old motor grader, Unit #15-01. All members present voted “AYE”. Motion carried.
Hall then requested authorization to advertise for bids for a new 3 cubic yard front end loader and a new 4 cubic yard front end loader
as approved in the 23015 budget. Hall stated both the loaders would be purchased under a five (5) year total cost bid with
guaranteed repurchase prices at the end of the period.
Motion by Comm. Schonert, 2nd by Comm. Armstrong to authorize the advertisement of bids for a new 3 cubic yard front end loader
and a new 4 cubic yard front end loader under five (5) year total cost bids with guaranteed repurchase prices at the end of the period.
All members present voted “AYE”. Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Schonert to authorize the County Auditor and County Engineer to advertise for the sale of
both old loaders, Unit #17-10 (3 cubic yard) and Unit # 17-01 (4 cubic yard). All members present voted “AYE”. Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to reappoint Georgia Schulz to a two (2) year term on the Region VII Human
Services Council and to reappoint Jim Heisler to a four (4) year term on the Burleigh County Noxious Weed Control Board. All
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the addendum to the contract with Bismarck Public School District
for Superintendent of Schools Services. All members present voted “AYE.” Motion carried.
On a motion made, seconded, and carried, the Board recessed.
__________________________
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MEETING MINUTES
October 8, 2014
5:05 P.M.
The Burleigh County Commission convened a regular meeting with all members present except Chairman Peluso.
Vice Chairman Schonert called the meeting to order with the first item of business the approval of the monthly minutes and vouchers.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the September meeting minutes as presented. All members present voted
Vice-Chairman Schonert reported that he had reviewed the monthly vouchers and recommended approval of the same.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve payment of the monthly vouchers, journal vouchers, and filing fee reports as
Deputy Auditor/Tax Director Vietmeier appeared and presented the for the Board’s consideration, a complete copy of which is on file and
available for inspection in the office of the Burleigh County Auditor/Treasurer.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Sailer, Flynn, Milligan, Dion, Endres, Allison, Havelka, Hanson, and Moritz
abatements as requested. All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve the Assessing Agreement between Burleigh County and Mencken Township for
the provision of assessing services for a three (3) year period. All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve and establish the minimum sale prices for the annual delinquent property tax
sale as presented. All members present voted “AYE.” Motion carried.
Sheriff Heinert appeared and presented the monthly Detention Center report. Heinert also presented the following items for the Board’s
consideration: consideration of contract with Richland County for prisoner housing; consideration of Juvenile Detention Service Contract with
ND Dept. of Corrections; authorization acceptance of a Grant from NDDOT for occupant protection, impaired driving, underage drinking, and
distracted driving in the amount of $22,395; and approval of a salary variance to exceed Step 5 within Grade 14 for Steve Hall, promoted to
Major (request Grade 14 Step 6).
Sheriff Heinert stated that for the month of September 486 prisoner nights were spent outside the Burleigh County facility at a cost of $32,466
bringing the yearly total to 5,381 “outside nights” at a total cost of $265,209. Heinert noted there are currently 305 individuals utilizing the 24/7
testing program on a daily basis, with 96 on the drug patch, 156 on the ankle bracelet, and 53 on two-a-day breath tests.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the contract with Richland County for prisoner housing ($55/day). All members
present voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Juvenile Detention Service Contract with ND Dept. of Corrections
($185.85/day). All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the acceptance of a Grant from NDDOT for occupant protection, impaired
driving, underage drinking, and distracted driving in the amount of $22,395 (NDDOT Contract #12141693). All members present voted “AYE.”
Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the salary variance to exceed Step 5 within Grade 14 for Steve Hall who was
promoted to Detention Center Major (request Grade 14 Step 6). All members present voted “AYE.” Motion carried.
County Building Official/Director Ziegler appeared regarding consideration of the vacation of the alleys within Blocks 7- 10 and 23 - 26
Menoken Townsite. Ziegler stated the requested action would be to call for a public hearing on the request.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to authorize the call for public hearing for the vacation of the streets, avenues and
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alleys within Blocks 7- 10 and 23 - 26 Menoken Townsite. All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to consider the zoning change and final plat of Goehring Subdivision which was tabled on
April 21, 2014. All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve the zoning change and final plat consideration of Goehring Subdivision located
in part of the SE ¼ of Section 19, Burnt Creek Township. All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to authorize the cancellation of outstanding checks written prior to July 2013 with funds
sent to State Land Dept. Unclaimed Property Division and to approve the 2nd approach permit request of Mike Radke (Lot 10, Block 2) The
Ranch Subdivision. All members present voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to appoint Chairman Peluso as the Burleigh County delegate to ND State Fair Association
Annual Meeting. All members present voted “AYE.” Motion carried.
On a motion made, seconded, and carried the Board recessed until 6:00PM
6:00 P.M.
This was the hour and date set for the continued PUBLIC HEARING regarding the proposed budget as published and adoption of the final
budget for the year ending December 31, 2015.
Vice-Chairman Schonert opened the continued PUBLIC HEARING and called County Finance Director Thompson to summarize the actions of
the County Commission at the September 25, 2014 meeting. Thompson stated the previous Commission action to reduce the county
contribution to the health insurance premiums from 100% to 95% of the premium cost reduced the mill levy .63 mills and the removal of
$31,000 from the County Extension budget reduced the levy .10 mill. Thompson noted these cuts along with the ½ mill reduction in the Jail
Maintenance & Construction fund will reduce the levy 1.23 mills.
Vice-Chairman Schonert then invited Burleigh County Water Resource District member Kathleen Jones to the podium. Jones stated the Water
Resource District has reduced their budget and is requesting 1.5 mills; down from the original request of 2 mills.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to reduce the Burleigh County Water Resource District levy from 2 mills to 1.5 mills. All
Vice-Chairman Schonert then suggested that the county park levy in both the City of Bismarck and rural Burleigh County be cut from 1 mill to
½ mill.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to reduce the county park levy in both the City of Bismarck and rural Burleigh County from
1 mill to ½ mill.
Comm. Woodcox stated that this levy is extended into the City of Bismarck by agreement and as the Bismarck Park & Rec District has already
approved their 2015 budget he cannot support this motion.
Vote on motion: “AYE” votes: Armstrong, Bitner, Schonert. “NAY” vote: Woodcox. Absent: Peluso. Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to reduce the County Library budget to an amount equal to the 2014 budget (+) 2%.
A discussion ensued regarding state aid to public libraries funding and the need to levy an amount in dollars not less than the average from the
three preceding years. Auditor/Treasurer Glatt stated that the amount of state funding budgeted for 2014 is $27,700. Library Director Kujawa
appeared and requested the library budget be approved as submitted.
Vote on motion: “AYE” votes: Armstrong, Bitner. “NAY” votes: Woodcox, Schonert. Absent: Peluso. Motion failed.
Vice-Chairman Schonert then invited public testimony and comment on the 2015 budget.
NDSU Extension Burleigh County Agent Kralicek and NDSU Extension SW District Director Sturn appeared and presented information on the
programs and services provided by the NDSU Extension Burleigh County.
2
James Schmidt, Telfer Township, appeared and questioned why the General Fund needed to pay the Road Dept. for the “old” county shop
property.
Vice- Chairman Schonert stated that highway gas tax funds can only be used for road purposes and as the “old” shop property was purchased
and maintained from highway gas tax funds, if the use of the property is no longer road related the highway fund must be reimbursed.
Susan Weiand, Burleigh County resident, appeared and questioned the condition of the old County Shop.
Comm. Schonert stated he did not believe any problems were reported and the building does not sit on the old landfill.
Vice-Chairman Schonert called for further public comment. No one present appeared.
Auditor/Treasurer Glatt reminded the Commission of the addition of the Environmental Health Practitioner to the Building/Zoning Dept.
Commissioners Bitner and Schonert agreed that the proposed new position should be removed from the 2015 budget.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to remove the Environmental Health Practitioner from the Building/Zoning Dept. 2015
budget.
Vote on motion: “AYE” votes: Bitner, Woodcox, Schonert. “NAY” votes: Armstrong. Absent: Peluso. Motion carried.
Comm. Armstrong stated he does not agree with many of the proposed increases in the 2015 budget. Comm. Armstrong continued he cannot
support the BMDA $100,000 allocation or the $5,000 allocation for the Bismarck/Mandan Chamber of Commerce.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to eliminate the $100,000 BMDA appropriation and the $5,000 appropriation for the
Bismarck/Mandan Chamber of Commerce from the 2015 budget.
Vote on motion: “AYE” votes: Armstrong. “NAY” votes: Bitner, Woodcox, Schonert. Absent: Peluso. Motion failed.
Motion by Comm. Armstrong to eliminate the members/dues to the ND Association of Counties in the amount of $45,000. Motion died for lack
of a second.
The County Commission then recessed and immediately sat as the Township Boards for each unorganized township for the following motion:
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve and authorize the maximum mill levies for the Unorganized Townships of
Lincoln, Burnt Creek, Riverview, Ft. Rice, Lyman, and Phoenix.
Vote on motion: “AYE” votes: Bitner, Woodcox, Schonert. “NAY” vote: Armstrong. Absent: Peluso. Motion carried.
The Burleigh County Commission immediately reconvened with all members present except Chairman Peluso.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve and adopt the final 2015 Burleigh County budget and appropriate mill levies as
per the preliminary budget adopted, published and amended, and to authorize the maximum mill levy allowable for the General Fund.
The Board then considered approval of the Agreements for the Joint Exercise of Governmental Powers with the City of Bismarck relating to
contracts for Nursing & Public Health Services and Police Youth Bureau.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the Agreements for the Joint Exercise of Governmental Powers with the City of
Bismarck relating to contracts for Nursing & Public Health Services and Police Youth Bureau.
Motion by Comm. Woodcox, 2nd by Comm. Bitner to approve the contract with the Centre, Inc., for Community Service & Misdemeanor
Probation services funding (part of Detention Center budget).
3
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the contract with the Mountain Plains Youth Services (Youthworks) for the
provision of Attendant Care and Emergency Shelter Care Services funding (part of Social Services and Detention Center budgets).
On a motion made, seconded and carried, the Board adjourned.
FINAL BUDGET OF BURLEIGH COUNTY
NORTH DAKOTA
CALENDAR YEAR BEGINNING JANUARY 1, 2015
TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF BURLEIGH COUNTY, NORTH DAKOTA
I, Kevin J. Glatt, County Auditor, do hereby respectfully submit to the Board of County Commissioners, the Final Budget for the twelve
month period beginning January 1, 2015 and ending December 31, 2015. This budget was studied and examined by the Board of County
Commissioners and changes made as deemed necessary. Upon a motion made, seconded and carried, the budget was ordered published after the
recommended changes were made.
TO THE TAXPAYERS OF BURLEIGH COUNTY, NORTH DAKOTA
We, the Board of County Commissioners of Burleigh County, North Dakota, hereby give notice that we have examined into the several
budget estimates filed by the several officers, institutions or undertakings, supported wholly or in part by Burleigh County, and from such examination
in our opinion for the calendar year beginning January 1, 2015 the following amounts are necessary:
FINAL BUDGET
County Board...................................................................................................................................... $ 284,946
County Auditor/Treasurer/Tax Equalization........................................................................................ 808,456
States Attorney ................................................................................................................................ 1,364,274
Juvenile Court..................................................................................................................................... 211,000
County Recorder ................................................................................................................................ 245,870
Courthouse, Buildings & Grounds ...................................................................................................... 447,509
Utilities ..............................................................................................................................................
124,000
Printing, Publishing and Supplies .......................................................................................................
29,000
Elections ...........................................................................................................................................
134,000
Telephone and Postage ..................................................................................................................... 102,000
Examination Fee.................................................................................................................................
16,000
Human Resources ........................................................................................................................... 1,745,996
County Sheriff ..................................................................................................................................... 6,400,159
County Detention Center .................................................................................................................... 3,283,598
Communication Center ....................................................................................................................... 497,727
Emergency Management ................................................................................................................... 204,151
Ambulance Services ...........................................................................................................................
1,500
Public Administrator............................................................................................................................
45,200
Property Insurance ...............................................................................................................................
9,000
Police Youth Bureau ...........................................................................................................................
57,279
Public Health Nurse ............................................................................................................................ 128,425
County Planning ................................................................................................................................. 200,809
Health Board.......................................................................................................................................
2,250
Superintendent of Schools .................................................................................................................
67,000
Technology .......................................................................................................................................
360,000
4
Transfer Out ....................................................................................................................................... 100,000
GENERAL FUND BUDGET............................................................................................................. $16,870,149
Appropriation for General Government
Plus: Delinquent Taxes & Interim Fund
Less: Resources
Balance to be levied (22.75 Mills)
$16,870,149
7,018,200
(15,034,049)
$8,854,300
Appropriation for Unorganized Townships
Plus:
Delinquent Taxes
Less: Resources
Balance to be levied
Appropriation for County Road & Bridge
Plus:
Delinquent Taxes & Interim Fund
Less:
Resources
Balance to be levied (.25 Mill)
Appropriation for Highway Tax Distribution
Less:
Resources
672,000
23,815
(219,515)
476,300
11,929,517
9,415
(11,841,632)
97,300
7,162,000
(7,162,000)
-0-
Appropriation for Special Road & Bridge
(Unorganized Twps.)
Less:
Resources
Appropriation for Social Welfare
Plus:
Less:
Resources
Appropriation for County Poor
Less:
Resources
Appropriation for Job Development
Plus: Delinquent Taxes
Less:
Resources
295,000
(295,000)
-08,287,297
2,332,171
(5,412,533)
5,206,935
1,233,387
(1,233,387)
-0100,000
4,348
(17,393)
86,955
Appropriation for Library
Plus:
Delinquent Taxes
Less:
Resources
308,500
12,905
(63,300)
Appropriation for Liability Insurance
Plus:
Less:
Resources
201,000
58,691
( 90,865)
258,105
168,826
Appropriation for Special Assessments
Plus: Delinquent Taxes & Interim Fund
Less:
Resources
30,000
5,330
(35,330)
5
-0-
Appropriation for Senior Citizens
Plus:
Less:
Resources
Balance to be levied (1.00 Mill)
633,292
447,336
(691,428)
Appropriation for Detention Commissary
Less: Resources
35,000
(35,000)
Appropriation for Sobriety 24/7 Program
Less:
Resources
389,200
-0-
66,000
(66,000)
-0-
Appropriation for Communication Center
Less:
Resources
2,473,000
(2,473,000)
-0-
Appropriation for Victim/Witness
Assistance
Less:
Resources
208,095
(208,095)
-0-
Appropriation for Emergency Fund
Less:
Resources
1,336,000
(1,336,000)
-0-
Appropriation for Veterans Service
Plus:
Less:
Resources
299,365
88,338
(117,759)
269,944
Appropriation for Provident Life Bldg.
503,588
Less:
(503,588)
Appropriation for Social Security
Plus:
Less:
Resources
-01,008,560
284,974
(636,845)
656,689
Appropriation for Advertising
Plus:
Less:
Resources
74,491
22,113
(26,797)
Appropriation for County Agent
Plus:
Less:
Resources
427,640
123,364
(221,920)
Appropriation for Comprehensive Health
Insurance
Plus:
69,807
329,084
1,537,085
458,225
6
Resources
Less:
Resources
Appropriation for Weed Board
Plus:
Less:
Resources
Appropriation for Water Resource District
Plus: Delinquent Taxes
Less: Resources
(516,226)
1,479,084
338,339
230,137
(370,476)
198,000
959,500
29,190
(404,890)
583,800
7
Appropriation for County Park
Plus:
Less:
Resources
Appropriation for County Fair
Less:
Resources
Appropriation for County Jail Maintenance
and Construction
Plus:
Delinquent Taxes
Less:
Resources
157,121
386,490
(498,461)
45,150
3,133,000
(3,133,000)
-040,000,000
9,730
(39,815,130)
194,600
Appropriation for County Parks and
Recreational Areas
Plus:
Delinquent Taxes
Less:
Resources
182,966
7,255
(45,121)
145,100
Appropriation for Parking
Less:
Resources
48,000
(48,000)
-0-
Appropriation for Abandoned Cemeteries
Less:
Resources
Appropriation for Preservation Fund
Less: Resources
Appropriation for Sheriff Drug Asset
Forfeiture Fund
Less: Resources
Appropriation for States Attorney
Forfeiture Fund
Less: Resources
Appropriation for Hazardous Chemicals
Less:
Resources
5,000
(5,000)
-083,500
(83,500)
-028,000
(28,000)
-07,000
(7,000)
-05,000
(5,000)
-0-
8
Appropriation for Rural Special
Assessments
Less:
Resources
643,800
(643,800)
-0-
Appropriation for Sales Tax
Less: Resources
8,000,000
(8,000,000)
-0-
TOTAL LEVIES ALL FUNDS
$19,509,179
The adopted budget is available for public inspection on weekdays at the Burleigh County Auditor’s Office, 221 North 5th Street,
Bismarck, North Dakota between 8:00 AM and 5:00 PM.
Adopted the 8th day of October, 2014
BY THE BURLEIGH COUNTY BOARD OF COMMISSIONERS
Kevin J. Glatt
9
MEETING MINUTES
SEPTEMBER 25, 2014
5:00 P.M.
The Burleigh County Commission convened with all members present.
Chairman Peluso called the meeting to order with the first item of business the approval of the bills.
Comm. Schonert reported that he had reviewed the monthly vouchers and recommended approval of the same.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve payment of the bills as presented. All members voted “AYE.”
Motion carried.
Deputy Auditor/Tax Director Vietmeier appeared and presented the abatements for the Board’s consideration, a complete copy
of which is on file and available for inspection in the office of the Burleigh County Auditor/Treasurer.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Laducer, Hintz, and Muller abatements as requested. All
members voted “AYE.” Motion carried.
County Engineer Hall presented the following items for the Board’s consideration: acceptance of the dedication of right-of-way
for and within the final plat of Huber 2nd Subdivision; Special Assessment Screening Committee report regarding Skyline Estates
SAD #58; authorization to seek consulting engineer to design and perform construction administration for reconstruction of the
County Highway 10 and 66th St. intersection; and consideration of addition of certain roadways to the Burleigh County Highway
System.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to accept the dedicated right-of-way for and within the final plat of Huber 2nd
Subdivision, located within Lot A of Government Lot 1, NW¼, Section 19, Gibbs Township. All members voted “AYE”. Motion
carried.
Hall then presented the Special Assessment Screening Committee report regarding Skyline Estates, SAD #58. Hall stated the
Screening Committee met on September 16, 2014 and considered the petition, the feasibility of the project, and the predictability
of solvency of the district. Hall reported the Screening Committee recommended the Board of Commissioners accept the
Engineering Report and Petition for Paving Improvements for Skyline Estates Subdivision and create a special assessment
district by adopting a resolution of necessity.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to accept the Preliminary Engineers report to create Special Assessment
District #58, and to declare a Resolution of Necessity for Special Assessment District #58 Skyline Estates Subdivision and to
authorize the call for a public hearing regarding the same. All members voted “AYE”. Motion carried.
Hall next requested authorization to solicit proposals for a consulting engineer to design and perform construction administration
for reconstruction of the County Highway 10 and 66th St. intersection. Hall stated the North Dakota Department of
Transportation (NDDOT) has approved the inclusion of this intersection reconstruction in the State’s Urban Program for the
Bismarck/Mandan Metropolitan Planning Organization (MPO) 2015-2018 construction program. Hall continued, because of the
importance of this project it has been moved to the 2016 construction season and thus requested utilizing County Rural Federal
Aid money to construct this project in 2016, with the NDDOT reimbursing the Rural Federal Aid fund with “Urban” dollars in 2018.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to authorize the County Engineer to seek approval of the MPO in supporting
1
the payback of County Rural Federal Aid with “Urban” funding in 2018. All members voted “AYE”. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to authorize the County Auditor/Treasurer and the County Engineer to
advertise to seek design service proposals for the reconstruction of the intersection of Highway 10 and 66 th Street. All members
Hall also reported the Highway Department has been meeting with township officials to explore the possibility of acquiring some
additional township roads to create a more appropriate county highway system. Hall stated as a result of these meetings he
recommends 73 miles be added to the existing County Road System.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to designate the additional roadways as recommended by County
Engineer Hall to the Burleigh County Highway System with such designation effective January 1, 2015. All members voted
“AYE”. Motion carried.
Sheriff Heinert appeared and introduced Wes Dickhut from Braun Intertec. Dickhut gave a short presentation on the deep
dynamic compaction work to be completed for the Burleigh/Morton Detention Center. Dickhut stated Braun Intertec could
provide the expertise to monitor and oversee the project.
Greg Doucette, Ubl Design Group, appeared and recommended that Braun Intertec be contracted by Burleigh County to monitor
the compaction work for the Burleigh/Morton County Detention Center.
Chairman Peluso questioned why this was not included in the original bid price. Doucette stated the monitoring cost was
included as a miscellaneous item in the architect’s budget. Doucette recommended approving the contract with Braun Intertec in
the amount of $25,100.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the contract with Braun Intertec to provide deep dynamic
compaction and related earthwork monitoring for the Burleigh/Morton County Detention Center at the cost of $25,100. All
Building Official Ray Ziegler appeared and presented a service agreement with McKenzie Township to provide for building permit
issuance, building plan review, and building inspection services to McKenzie Township for the remodel project at 305 A Street,
McKenzie, ND.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the service agreement with McKenzie Township to provide building
permit issuance, building plan review, and building inspection services to McKenzie Township for the remodel at 305 A Street,
McKenzie, ND. All members voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the raffle\bingo permit application for the Sterling Teacher –
Parents Association and to approve the 2nd approach permit for Paul Shannon (West Heart Estate Lot 6, Block 4). All members
Chairman Peluso then initiated a discussion concerning the ongoing destruction and remnants of damaged trees along 97th Ave
into Hogue Island. Peluso stated the county is aware of the issue and the Highway Department will take steps to clean them up
as time allows.
Mike Hilbert, 6716 Kingswood Rd., appeared and stated the ditch needs to be cleaned out in order to allow for better mowing to
prevent the snow buildup in the winter.
2
Gerald Sturn, Southwest District Director for NDSU appeared and stated Amelia Doll has been hired as the new 4H Youth
Development Extension Agent.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the hire of Amelia Doll as the new 4H Youth Development
Extension Agent. All members voted “AYE”. Motion carried.
Sturn also stated Tyler Kralicek, the AG and Natural Resources Agent, wouldl now be the Lead Extension Agent for the Burleigh
County Extension office.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to recognize Tyler Kralicek, AG and Natural Resources Agent as the Lead
Extension Agent for the Burleigh County Extension office. All members voted “AYE”. Motion carried.
6:00 P.M.
This was the hour and date set for a PUBLIC HEARING regarding the proposed budget as published and adoption of the final
budget for the year ending December 31, 2015.
Chairman Peluso opened the PUBLIC HEARING and invited public testimony and comment on the 2015 budget.
Auditor/Treasurer Glatt presented a thorough explanation of the “Truth in Taxation” notice and other property tax related
information.
Finance Director Clyde Thompson appeared and presented a summary of the preliminary budget. Thompson stated the Burleigh
County Water Resource District (BCWRD), now classified as a trust and agency fund for accounting purposes, should have been
included in the published preliminary budget. Thompson continued that although the BCWRD is now treated as an independent
unit, the County Commission still approves their mill levy. Thompson clarified that including the BCWRD in the preliminary
budget will not affect the “Truth in Taxation” notice as the BCWRD mill levy was included and calculated into the budget.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to amend the 2015 Preliminary Budget to include the Burleigh County
Water Resource District levy and to continue the county budget Public Hearing to October 8, 2014, at 6:00pm. All members
Chairman Peluso stated public testimony would be received tonight as scheduled and that the budget discussions and public
hearing would be continued until October 8, 2014, at 6:00pm.
Comm. Armstrong initiated a discussion concerning adding an Environmental Health Practitioner to the Building/Zoning Dept.
Jennifer Davis, a member of the Burleigh County Board of Health, appeared and presented information on the need for this
position. Building Official/Director Ziegler also appeared on the matter. No action was taken with final action to be taken at the
October 8 meeting.
The following Burleigh County residents appeared in favor or opposition to the 2015 Preliminary Budget: Claus Lembke, Harley
Swenson, Lyndon McLain, Rick Nelson, Jan Wangler, Lyndon McLean, Marty Beard, Jerome Werlinger, Dick Letteer, Richard
Barrios, Donna Carufel, Jack Adams, Leroy Bollinger, Barb Knutson, Verne Whitman, Clint Fleckenstein, Mary Lou Meyer, Susan
Weiand, Greg Johnson and others who did not identify themselves. Upon conclusion of three (3) hours of testimony and
discussion, the following motions were made:
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to reduce the Jail Maintenance & Construction mill levy to .5 mills and to
set the county contribution for health insurance premiums at 95% of premium costs. “AYE” votes: Peluso, Schonert, Woodcox,
Bitner. “NAY” votes: Armstrong. Motion carried.
3
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to remove $31,000 from the County Extension Furniture and Equipment line
item; to remove $125,000 from the County Park, Kimball Bottoms Capital Outlay line item; to remove $75,000 from the County
Park, Furniture and Equipment line item; and to remove the County Park Supt. Salary from the County Park budget. All
Comm. Armstrong stated that he could not support the Bismarck Mandan Development Association and Bismarck/Mandan
Chamber of Commerce allocations.
Motion by Comm. Armstrong to eliminate the $100,000 Bismarck Mandan Development Association appropriation and the
$5,000 Bismarck/Mandan Chamber of Commerce appropriation from the 2015 budget. Motion died for lack of second.
Chairman Peluso called for further testimony. No one else present appeared.
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to continue the Public Hearing on the Burleigh County budget to October
8, 2014 at 6:00pm. All members voted “AYE”. Motion carried.
On a motion made, seconded and carried, the Board adjourned.
_________
Kevin J. Glatt
Burleigh County Auditor\Treasurer
_______________________
4
MEETING MINUTES
September 3, 2014
5:06 P.M.
The Burleigh County Commission convened a regular meeting with all members present.
Chairman Peluso called the meeting to order with the first item of business the approval of the monthly minutes and vouchers.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the August meeting minutes as presented. All members voted
Comm. Schonert reported that he had reviewed the monthly vouchers and recommended approval.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve payment of the monthly vouchers, journal vouchers, and filing fee
reports as presented. All members voted “AYE.” Motion carried.
This was the hour and date set for a public hearing regarding the issuance of MIDA Bonds for the Bismarck State College Student
Housing project in an amount not to exceed $6 million.
Scott Wegner, Arntson Stewart Wegner PC, appeared and stated Student Housing LLC, a limited liability company whose sole owner
is the Bismarck State College Foundation, plans to construct two (2) student apartment buildings on the BSC Campus. Wegner
continued the project will be financed with bonds to be sold to local banks and thus requires the bonds to be designated as “bank
qualified”. Wegner reported that since Burleigh County and the City of Bismarck have issued bonds in excess of the $10 million bank
qualified bond limit for 2014, the City of Center has been asked to sponsor and issue the bonds. Wegner concluded that as the host
county, Burleigh County needs to hold a public hearing and approve the bond issue.
Chairman Peluso opened the public hearing and called for public testimony. As no one present appeared, the following motion was
made:
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to close the public hearing and to approve the issuance of MIDA Bonds in an
amount not to exceed $6 million on behalf of Student Housing LLC, by the City of Center. All members voted “AYE.” Motion carried.
This was the hour and date set for a public hearing regarding Special Assessment District #54, Secluded Acres 2nd Replat & Secluded
Acres 3rd Subdivisions.
Auditor/Treasurer Glatt explained the process stating the purpose of the hearing is not to discuss costs but how costs are assessed.
Glatt reported assessments are spread equally among the benefited properties pursuant to the submitted petition. Glatt also stated
the average cost for Special Assessment District #54 is $955/year over 12 years at 4 per cent interest.
made:
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to close the public hearing and to approve, confirm, and certify the Special
Assessment List for Secluded Acres 2nd Replat & Secluded Acres 3rd Subdivisions, S.A.D. #54, as recommended by the Special
Assessment Commission. All members voted “AYE”. Motion carried.
This was the hour and date set for a public hearing regarding Special Assessment District #55, Secluded Acres West Subdivision.
Auditor/Treasurer Glatt again explained the process stating the purpose of the hearing is not to discuss costs but how costs are
assessed. Glatt reported assessments are spread equally among the benefited properties and pursuant to the submitted petition.
Glatt also stated the average cost for Special Assessment District #54 is $1,237/year over 12 years at 4 per cent interest.
1
made:
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to close the public hearing and to approve, confirm, and certify the Special
Assessment List for Secluded Acres West Subdivision, S.A.D. #55, as recommended by the Special Assessment Commission. All
Mike Manstrom, Dougherty & Company LLC, and Scott Wegner, Arnston Stewart Wegner PC, appeared regarding results of the bond
sale and approval of financing resolutions for SAD #54 and #55 and refinancing of previous special assessment district bond issues.
Manstrom explained that bonds were sold earlier today to fund SAD #54 & SAD #55 and refinance special assessment district bonds
from 2005, 2006, and 2008.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to approve the resolution creating the funds for improvement districts #54 and
#55, providing for and appropriating special assessments for the support and maintenance of said funds, and authorizing the issuance
of improvement warrants thereon. All members voted “AYE”. Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve the resolution authorizing the issuance and establishing the terms and
conditions of $1,540,000 refunding improvement bonds of 2014. All members voted “AYE”. Motion carried.
Deputy Auditor/Tax Director Vietmeier appeared and presented the abatements for the Board’s consideration, a complete copy of
which is on file and available for inspection in the office of the Burleigh County Auditor/Treasurer.
Motion by Comm. Bitner, 2nd by Comm. Armstrong to approve the Rittmiller, Davis, Hein, Carson, Nicola, and Bismarck Industries Inc.
abatements as requested. All members voted “AYE.” Motion carried.
This was the hour and date set for a public hearing regarding the Metropolitan Planning Organization Fringe Area Road Master Plan.
Bill Troe, SRF Consulting Group, Inc., appeared and gave a presentation regarding the Fringe Area Road Master Plan. Troe stated
the purpose of the plan is to identify arterial and collector roadway alignments needed to support development in future growth areas
outside Bismarck, Mandan and Lincoln. Troe stated the planning process included study of system deficiencies (traffic operations –
vehicle delay), safety, capacity constraints, and roadway connectivity.
Chairman Peluso opened the public hearing and called for public testimony. As no one present appeared, the public hearing was
closed and the following motion was made:
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to adopt the Metropolitan Planning Organization Fringe Area Road Plan as
presented. All members voted “AYE”. Motion carried.
Sheriff Heinert appeared with the following items for the Board’s consideration: results of the bid opening for dynamic soil compaction
and grading (site preparations) of the new Detention Center site and approval of Jail Construction Contract with Morton County.
Jeff Ubl, Ubl Design, appeared and stated the following bids were received for the dynamic soil compaction and grading (site
preparations) of the Detention Center site:
Meyer Construction
$688,467.85
Veit Specialty Contracting and Waste Management
$518,453.05
MMI Excavating
$524,540.00
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to award the bid for the dynamic soil compaction and grading of the Detention
Center site to Veit Specialty Contracting and Waste Management in the amount of $518,453.05 and to authorize the proper County
officials to enter into a contract with Veit. All members voted “AYE.” Motion carried.
Sheriff Heinert stated that for the month of August 624 prisoner nights were spent outside the Burleigh County facility at a cost of
$26,646 bringing the yearly total to 4,895 “outside nights” at a total cost of $241,963. Heinert noted there are currently 269 individuals
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utilizing the 24/7 testing program on a daily basis, with 77 on the drug patch, 125 on the ankle bracelet, and 47 on two-a-day breath
tests.
Sheriff Heinert also presented the Jail Construction Contract with Morton County. Heinert reported the contract was drafted by both
the Morton and Burleigh County State’s Attorneys’ and was unanimously approved by the Burleigh/Morton Jail Building Construction
Committee.
Motion by Comm. Woodcox, 2nd by Comm. Bitner to approve the Contract for Jail Construction between Burleigh County and Morton
County as recommended by the Burleigh/Morton Jail Building Construction Committee. All members voted “AYE”. Motion carried.
County Building Official/Director Ziegler presented the following items for the Board’s consideration: consideration of zoning ordinance
text amendment to Article 6 Incidental Uses and consideration of the zoning change and final plat of Dockter Subdivision.
Ziegler stated the text amendment in Article 6, Section 1: Incidental Uses has been modified to delete language regarding boat docks
and/or boathouses.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the text amendment in Article 6, Section 1: Incidental Uses to delete
language regarding boat docks and/or boathouses. All members voted “AYE”. Motion carried.
Ziegler then presented the final plat of Dockter Subdivision, a two (2) lot 50.36 acre subdivision, along with a zoning change from AG
to R1 (Tract 9A & 9B of the NE¼, Section 11, Burnt Creek Township).
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the zoning change from AG to R1 and final plat of Dockter
Subdivision (Tract 9A & 9B of the NE¼, Section 11, T140N, R80W). All members voted “AYE”. Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to approve the 2nd approach permit for David Upgren (Lot 5, Block 10),Grande
Prairie Estates 3rd; and to approve the pledge of security and designate Plains Commerce Bank as a public depository. All members
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to reappoint Kim Birkeland to a (3) three year term on the School District
Reorganization Committee. All members voted “AYE”. Motion carried.
On motion made, seconded, and carried, the Board adjourned.
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MEETING MINUTES
August 20, 2014
8:30 A.M.
The Burleigh County Commission convened a regular meeting with all members present except Comm. Armstrong.
Chairman Peluso called the meeting to order with the first item of business the approval of the bills. Peluso stated he had
reviewed the bills and recommended approval.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the bills as submitted. All members voted “AYE.” Motion
carried.
John Marquart, 16800 249th St NE, appeared regarding speed limit / dust control along 249th St NE. Marquart stated the
condition of 249th Ave in front of his property is in very poor condition. Marquart stated he has contacted Comms. Bitner
and Schonert on this issue. Marquart suggested reducing the speed limit on the road to the original speed of 40 miles per
hour instead of the newly posted 55mph. Engineer Hall appeared and reported the speed limit has always been 55mph and
had mistakenly posted 40mph in the past. Hall stated Magnesium Chloride is used to reduce dust with good results. Hall
added Marquart has refused Magnesium Chloride in front of his property on two (2) separate occasions. Marquart stated he
did not refuse Magnesium Chloride he prefers the reduced speed limit and/or water applications to reduce dust.
Barb Knutson, McKenzie Township Clerk/Treasurer, appeared and agreed with Marquart that 249th St NE is in poor
condition. Knutson stated the road base needs to be rebuilt.
No action was taken.
Finance Director Thompson appeared and presented an overview of the submitted 2015 budgets and preliminary mill levies.
Thompson stated the estimated taxable valuation for 2014 is $389,209,000, an increase of 14% from 2013. Thompson
continued the estimated value of one mill worth $389,200 for 2014 up from $341,456 in 2013. Thompson stated based on
last year’s mill levy this would equal approximately $810,000 in new taxes.
Thompson continued the submitted budgets for 2015 (reflecting proposed salary, retirement and health insurance
increases) requires a property tax levy of $19,626,323, a 13% or $2,252,663 increase from the 2014 adopted budget of
$17,373,660. Thompson stated the estimated levy required to fund the 2015 preliminary budget is 58.03 mills, compared a
.16 mill decrease from the current 58.19.
The Board then conducted a review of the budget requests for the various departments and funds with several elected
officials and department heads present.
Kathleen Jones, Burleigh County Water Resource District, appeared and presented the proposed Water Resource District
budget. Jones reported the District is working on reducing the Management Service fees at McDowell Dam and adopting a
complete policy manual.
Renae Moch, Director – Bismarck/Burleigh Public Health appeared and explained the proposed County Nursing budget.
Moch stated most of the changes to the Joint Powers Agreement between the City and County are language changes to
accurately reflect the services provided.
Judy Vetter, Guardian and Protective Services (GAPS), appeared and explained the proposed GAPS budget. Vetter
reported GAPS is moving out of the Provident Building and is currently looking for office space. Vetter stated the county
currently subsidizes a portion of the rent GAPS pays in the Provident building at $10/square foot and explained in today’s
market it is hard to find commercial space for $10/square foot. Vetter requested the County Commission provide a rent
subsidy at their new location.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to provide a $6,300 (450 soft @ $14 per sqft) rent subsidy to
Guardian and Protective Services for 2015. All members present voted “AYE”. Motion carried.
State’s Attorney Richard Riha appeared and briefly explained the proposed State’s Attorney budget. Riha is requesting one
(1) assistant state’s attorney and an additional legal assistant I due to the increase in caseloads.
County Recorder Debbie Kroshus appeared and briefly explained the proposed Recorder budget. Kroshus explained some
expenses are being moved from the general fund to the Preservation Fund.
Comm. Woodcox briefly explained the Courthouse Building and Grounds budget. Woodcox stated the Building
Maintenance line item includes $68,000 for new lights in the courthouse.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to remove the $68,000 request for new lights in the courthouse from
the Courthouse Building and Grounds budget. All members present voted “AYE”. Motion carried.
Human Resource Director Tammy Terras appeared and briefly explained the proposed Human Resource budget.
Building Official-Director Ray Ziegler appeared and explained the proposed Planning/Zoning budget. Ziegler stated
increases in the Planning/Zoning budget include the addition of an Environmental Health Practitioner position including
benefits and a new vehicle. Ziegler stated the position will deal with the issues related to growth including health/safety
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impacts, education, enforcement of state and local regulations and to provide assistance to all Burleigh County Townships
on environmental issues. Ziegler stated revenue for the position will be generated through the issuance of operational
permits, licensing, and possibly a state grant.
Sheriff Heinert appeared and explained the Sheriff & Detention Center budgets. Heinert stated he is requesting three (3)
new deputy sheriff positions and moving a part-time staff position to a full-time position in the Sheriff’s budget. Heinert also
requested an additional staff member in the Detention Center. Heinert noted the Sheriff’s Dept. budget also includes the
purchase of the old county shop and the associated operating costs.
Renee Kipp, Director for Burleigh County Senior Adults Program, appeared and briefly explained the proposed Senior
Adults Program budget.
Emergency Manager/Homeland Security Manager Mary Senger appeared and briefly explained the proposed Emergency
Management/Homeland Security budget.
Combined Communications Manager Mike Dannenfelzer appeared and briefly explained the proposed Combined
Communications budget. Dannenfelzer noted his request for two (2) new positions.
County Engineer Hall appeared and briefly explained the proposed Highway Dept. budget. Hall noted plans are to begin
moving into the new Highway Dept. in mid-October with hopes of being completely moved by June 2015.
Social Services Director Kim Osadchuk appeared and the Commission reviewed the Social Service Dept. budget.
Osadchuk stated the Social Service Dept. is requesting 1.5 additional employees if grant funds can be secured for the
positions.
Library Director Christine Kujawa appeared and explained the proposed Public Library Budget.
Comm. Bitner requested more statistics on the book mobile to make sure it still being utilized.
Heather Wanner, Victim Witness Program appeared and briefly explained the proposed Victim Witness Program budget.
Veterans Service Officer Mark Landis appeared and explained the proposed Veteran Service budget. Upon question
Landis reported the increase in fringe benefits is due to employees joining the county health plan should the county cover
100% of the health insurance premium.
Extension Agent Tyler Kralicek appeared and explained the proposed Extension budget. Kralicek stated the furniture &
equipment increase is for remodeling of kitchen space at the 4H building. Kralicek stated grants are being pursued to help
assist with the remodel.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve and adopt the Burleigh County 2015 Preliminary Budget as
amended and to call for a public hearing on the budget on September 25, 2014. All members present voted “AYE”. Motion
carried.
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2
MEETING MINUTES
August 4, 2014
5:27 P.M.
Chairman Peluso called the meeting to order with the first item of business the approval of the monthly minutes and
vouchers.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the July meeting minutes as presented. All members voted
Comm. Peluso reported that he had reviewed the monthly vouchers and recommended approval.
Motion by Comm. Peluso, 2nd by Comm. Woodcox, to approve payment of the monthly vouchers, journal vouchers, and
filing fee reports as presented. All members voted “AYE.” Motion carried.
Deputy Auditor/Tax Director Vietmeier appeared and presented the abatements for the Board’s consideration, a complete
copy of which is on file and available for inspection in the office of the Burleigh County Auditor/Treasurer.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the Heinrich, Davis, Schumacher, City of Bismarck, Horst,
Kindsvogel, and Warren abatements as requested. All members voted “AYE.” Motion carried.
Steve Bain, Bain Insurance, appeared regarding the renewal of the county liability insurance policy. Bain briefly reviewed
the policy coverage and deductible amounts.
Sheriff Heinert appeared and presented the Detention Center report for the month of July. Heinert noted 291 prisoner
nights were spent outside the Burleigh County facility at a cost of $14,254 bringing the yearly total to $215,317. Heinert
noted there are currently 247 individuals utilizing the 24/7 testing program on a daily basis, with 69 on the drug patch, 135
on the ankle bracelet, and 43 on two-a-day breath tests.
Tom Poweleit, Venture Architects, appeared regarding authorization to advertise for bids for site preparations for the new
Detention Center. Poweleit stated bids will be solicited to clear trees, strip the topsoil, level the site and complete Dynamic
Compaction of the building site. Poweleit recommended this process take place before freeze-up and stated this will speed
up the overall timing of the project.
Comm. Schonert expressed concern regarding the proposed placement of the Detention Center on site. Schonert stated he
thinks the building placement is too close to Apple Creek Road and thus we are “giving up” space that could be used by the
county later. Comm. Schonert requested that the placement of the building be further studied. Poweleit stated further study
will be done before the bid documents are finalized.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to authorize the advertisement of bids for site preparations including
Dynamic Compaction for the new Detention Center. All members voted “AYE”. Motion carried.
Auditor/Treasurer Glatt questioned when the bids will be opened and the estimated cost of this bid item. Poweleit
responded the goal is to receive bids for action by the County Commission on September 3, 2014, with an estimated cost of
$1,000,000.
Brent Ekstrom Executive Director of Lewis and Clark Regional Development Center (LCRDC) & Community Works North
Dakota (CWND) appeared regarding an update of projects done in Burleigh County and services and benefits provided by
both organizations.
Ryan Norrell, Executive Director ND Water Users Association/Clearwater Communications, appeared regarding the ND
Missouri River Stakeholders group (NDMRS). Norrell stated the mission of NDRMS is creating grassroots unity, leadership
and direction to advocate and promote North Dakota’s Missouri River interests. Norrell reported that NDMRS was started in
April of 2014, and encouraged Commissioners to attend the fall workshop on November 20, 2014, in Bismarck.
Dave Patience, Swenson Hagen Co., appeared regarding acceptance of right of way within Fernwood 2nd Subdivision.
Patience stated that as required, the three (3) access points within Fernwood 2nd Subdivision align with the three (3) access
points on the other side of Fernwood Dr.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to accept the right-of way within Fernwood 2nd Subdivision. All
Dr. John Botsford appeared regarding motorcycle and all-terrain vehicle damage to ditches and approaches. Botsford
expressed his concern not only for the damage but for the safety of his family as motorcycles and all-terrain vehicles like to
jump his driveway and make no effort to yield to oncoming pedestrian or vehicle traffic on the driveway. Botsford noted he
has reported the damage to law enforcement but understands the time constraints of the Sheriff’s Dept. Botsford requested
funding to repair the damages to his approach sustained from motorcycles and ATVs. Botsford suggested two options for
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the Commission: 1) to repair the damages done to the approach (including erosion of the embankment as well as
destruction to the gravel approach) or 2) have rock placed on his approach at county expense. Botsford stated he
contacted Comm. Bitner in 2009 regarding this issue and is still waiting a resolution.
Comm. Bitner presented a draft zoning ordinance that he has been working on with Building Official/Director Ziegler
addressing the issue. Comm. Bitner asked Botsford to review the ordinance for his comments. Comm. Bitner stated he
hopes to forward the draft ordinance to the County Planning Commission in the future. No action was taken.
County Engineer Hall appeared regarding the following items related to the Midwest Business Park development adjacent to
the Missouri Valley Complex (fairgrounds):
a)
Sanitary Sewer easement (alignment)
b)
City policy on installation and payment of sanitary sewer easement,
c)
Review of existing lease agreement with Motocross Association.
Hall reported the proposed location of the new sanitary sewer easement has been staked on the property. Hall stated
information was sent to all Commissioners about the City of Bismarck special assessment policy on the installation of and
payment for sanitary sewer improvements. Hall reviewed the lease with the Motocross Association and finds nothing to
preclude the easement from being moved and thereby crossing the motocross area. Hall continued, constructing a sanitary
sewer line using the existing easement is estimated to cost $500,000 due to the amount of fill needed to cover the sewer
line. Hall stated constructing the sewer line within the new proposed easement location is estimated to cost $170,000.
Comm. Bitner expressed concern about the cost of future development with the moving of the easement as proposed.
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to approve the new sanitary sewer easement at a location north of
the existing easement. All members voted “AYE”. Motion carried.
County Engineer Hall then presented the following items for the Board’s consideration: approval of partnership with the City
of Wing Transportation Alternatives Program (TAP) grant application for the repair/reconstruction of sidewalks along Main
St. and to direct the County Engineer to serve as the consulting engineer for the project, and consideration of the NRG –
Information & Technology Agreement for the provision of hardware and software support services.
Hall stated the City of Wing is requesting Burleigh County sponsor a Transportation Alternatives Program Grant (TAP) with
the County Engineer acting as the Project Consultant for the Wing Sidewalk Improvement Project.
Asst. County Engineer Casey Einrem appeared and explained the process for obtaining the TAP grant. Einrem stated the
grant sponsorship is relatively simple but the requirements for receiving the grant are very complex. Einrem noted federal
funding for the project requires complete adherence to federal regulations which will greatly increase the costs of the project
and work of the project consultant. Einrem & Comm. Schonert suggested that the City of Wing consider creating a special
assessment district for this project. No action was taken.
Hall then reported that with the move of the Highway Dept. to a new building this fall, concerns have surfaced about the
delays in computer processing time and the inability of the City of Bismarck Information & Technology staff to serve the
needs of the Dept. Hall stated the Highway Dept. is requesting authorization to enter into a month to month contract with
the North Dakota Association of Counties – Resource Group, Inc (NRG). Hall stated the contract work would be done for
$1,417/month with a one-time domain setup fee of $5,000.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the agreement and authorize the proper county officials to
enter into an agreement with North Dakota Association of Counties – Resources Group, Inc. (NRG) to convert the existing
County Highway Department computer system from a City of Bismarck housed system to a County/NRG housed system
and to maintain/service the system under a month to month contract subject to review and approval by the State’s Attorney.
All members voted “AYE”. Motion carried.
Comm. Woodcox then initiated a discussion on future use of the County Highway Dept. facility located at 2000 N 52nd St.
Woodcox stated the Sheriff’s Dept. patrol division is interested in moving to this facility. Woodcox continued, Emergency
Management, County Weed Control, County Park Board, and the Water Resource District are potential tenants for the
upper level of the building. Woodcox recommended the county keep the facility for at least 2 - 3 years and then re-evaluate.
Woodcox further recommended that a transfer of funds be budgeted in 2015 from the General Fund to the Road & Bridge
Fund as the land and building were originally funded from Highway Gas Tax funds. Woodcox added the undeveloped land
should be deeded back to the City of Bismarck as it is the old landfill and cannot be developed or disturbed. Woodcox
noted the City of Bismarck is also interested in the building and they should be given priority in the event the county decides
to sell.
Comm. Schonert stated he believes the appraised value of $1,750,000 done in 2012 is a fair price for the transfer within the
county and agreed that the City of Bismarck should be given first choice on the building in the event the county decides to
sell.
Chairman Peluso expressed concern that if the county retains ownership the building needs to be fully utilized.
Comm. Woodcox added moving the Sheriff’s Dept. patrol division to this facility will free up much needed space within the
courthouse.
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Motion by Comm. Schonert, 2nd by Comm. Woodcox to approve the transfer of $1,750,000 from the General Fund to the
Road & Bridget Fund for the Highway Dept. facility located at 2000 N 52nd St. (Parcel 1 of the appraisal), using the Tax
Increment Funding received from the City of Bismarck and the remainder of the balance from General Fund reserves.
“AYE” votes: Bitner, Schonert, Woodcox, Peluso. “NAY” votes: Armstrong. Motion carried.
Comm. Woodcox stated he will work with the various county department heads to formulate a utilization plan and rental
agreements.
Finance Director/Accountant Thompson appeared regarding the 2015 salaries and benefits for budget purposes.
Thompson stated the county department heads are requesting a 1 step increase pursuant to the salary plan, a 2% cost of
living increase (COLA), and 100% county funding of the employee health insurance (single or family plan).
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to direct the 2015 county preliminary budget include a 1-step pay
grade increase, a 2% cost of living increase, and 100% county funding of employee health insurance (single or family plan).
Building Official/Director Ziegler appeared regarding consideration of a zoning ordinance text amendment related to Article
30: Nuisance Items.
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to approve the zoning ordinance text amendment to Article 30 as
submitted. All members voted “AYE”. Motion carried.
HR Director Terras appeared and presented the reclassification request of County Building Official/Director Ziegler. Terras
stated the reclassification was reviewed by Fox Lawson & Associates who recommend a reclassification change from a
Salary Grade 12 to a Salary Grade 15 due to the restructuring of the position.
Chairman Peluso expressed concern about the reclassification noting this increase and the increased funding needed to
operate this new department are moving too fast.
Comms. Woodcox and Bitner agreed the budget needs to be considered before approvals of any salary adjustment in order
to assure the approved 2014 budget is followed.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the reclassification of the County Building Official/Director
position from a Salary Grade 12 to a Salary Grade 15. . “AYE” votes: Armstrong, Bitner, Schonert, Woodcox. “NAY” vote:
Peluso. Motion carried.
Comm. Armstrong then presented a brief update on the County Board of Health. Armstrong stated there are some
jurisdictional issues between the County Board of Health, the City Board of Health, and the Custer Health District.
Armstrong continued there does not appear to be adequate staff to provide certain environmental health duties and
inspections. Armstrong noted the groups are working on a new joint powers agreement and stated the 2015 budget may
include a full-time environmental health inspector with the anticipation that part of the salary be paid with a grant from the
ND State Health Dept. No action was taken.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to designate the same voting precincts, locations, and voting hours for
the 2014 General Election as in the June Primary with the exception of changing the voting location for Pct. 07-03 from
Shiloh Christian School to Tthe Element Student Center located at 3220 N 19th St., and to authorize the Auditor/Treasurer
to establish early vote and special absentee precincts. All members voted “AYE.” Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox to authorize a call for public hearings on September 3, 2014, related
to the assessment lists for Special Assessment Districts #54 and #55. All members voted “AYE”. Motion carried.
Auditor/Treasurer Glatt reported that when the 2014 Commission Meeting dates were reviewed and established in late
2013, October 8th was selected as a meeting date so not to conflict with the NDACo convention which is typically held the
first weekend in October. Glatt continued that subsequently, the NDACo Conference has been scheduled for October 12 –
14 and Glatt recommended the Commission change the Commission Meeting date from Wednesday October 8th to Monday
October 6th.
By consensus the Commission changed the time of the meeting on October 8th from 5:00pm to 12:00pm noon.
Motion by Comm. Woodcox, 2nd by Comm. Bitner to appoint Jill Klemin to a (3) three year unexpired term on the County
Board of Health. All members voted “AYE”. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Woodcox to appoint Bismarck Mayor Seminary and Bismarck City Commissioner
Askvig to the Burleigh County Planning Commission. All members voted “AYE”. Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to approve the raffle permit application of the Grace Lutheran
Church Women; the Lost Instrument Surety Bond to replace check #90230 ($240.32); and to authorize the publication of the
Weed Cutting Notice. All members voted “AYE.” Motion carried.
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3
MEETING MINUTES
July 14, 2014
12:00PM
The Burleigh County Commission convened with all members present except Comm. Armstrong.
Comm. Bitner stated he had reviewed the bills and recommended approval.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the bills as presented.
carried.
All members present voted “AYE.” Motion
Motion by Comm. Woodcox, 2nd by Comm. Bitner to approve the Hoffmann, Dosch, Lewis, Hoffer, and Jones abatements as
requested. All members present voted “AYE”. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Woodcox to authorize the Auditor/Treasurer to seek Requests for Proposals for a new
property tax/financial software package. All members present voted “AYE”. Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Schonert to approve the Lost Instrument Surety Bond to replace check #92540 ($500). All
__________________________
1
MEETING MINUTES
July 2, 2014
5:16 P.M.
The Burleigh County Commission convened a regular meeting with all members present except Commissioners Armstrong and
Bitner.
Chairman Peluso called the meeting to order with the first item of business the approval of the monthly minutes and vouchers.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the June meeting minutes as presented. All members present
Chairman Peluso reported he reviewed the monthly vouchers and recommended approval.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the monthly vouchers, journal vouchers, and filing fee reports as
Auditor/Treasurer Glatt presented the abatements for the Board’s consideration, a complete copy of which is on file and available for
inspection in the office of the Burleigh County Auditor/Treasurer.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the Handy, Koch, Nielsen, Joblinski, Bahn, and Weber abatements
as requested. All members present voted “AYE.” Motion carried.
County Engineer Hall then introduced the requests of the Midwest Business Park, located east of the Missouri Valley Complex
(fairgrounds), for moving a sanitary sewer easement, consideration for a regional storm water pond, and consideration of an
easement or right-of-way dedication and cost sharing for a street to be located on the north/south property line between the Complex
property and Midwest Motor Express.
Hall stated Midwest Business Park desires to develop the property directly to the east of the complex property and desires to
construct a sanitary sewer across the Complex property. Hall stated the current easement will require extensive fill to bury the sewer
line and thus the developers are interested in moving the easement to reduce the construction cost. Hall noted the estimated county
cost of the sewer line is $429,000 at the present easement location and $137,000 in the alternate location. Hall noted the alternate
easement location change will impact the motocross area. Hall stated his research indicates that as the easement exists, the county
cannot prevent the construction of the sewer line and will be required to pay a share of the cost.
Hall continued the developers are also proposing a regional storm water pond be constructed providing for storm water drainage on
county property for the Midwest Business Park and other future developments in the area. Hall stated that while he normally supports
regional storm water management, unless the county has plans for development of this property he sees no benefit to the county.
Hall concluded that the developers are proposing the construction of a 48’ roadway between Midwest Motor Express and the Complex
property to access their development. Hall stated the County Commission as owners of the complex property need to determine if
and how much of a benefit this road will be to the county and to determine if right-of-way and funding will be provided.
Jim Christianson, NorthWest Companies, appeared representing the developers and stated the developers would like to get started
on the sanitary sewer construction. Christianson stated the developer would like to move the existing easement to save money for
the county and the developer. Christianson stated the regional storm water pond makes sense for all the adjacent landowners and
would mostly occupy a low lying area on the Complex (county) property. Christianson then noted that the developers desire to place
and construct an access road from County Road 10 on the property line between Midwest Motor Express and the Complex with
funding for the road cost shared between the adjacent landowners (Midwest and Burleigh County) as it will provide benefit and access
to both parties. Christianson requested the Commission consider some level of funding as the road will benefit the Complex property.
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Chairman Peluso noted every effort should be made to move the easement to save money and directed that the lease agreement with
the Motocross Association be reviewed.
Comm. Woodcox questioned if the donation of land for the regional storm water pond could be considered the county’s contribution
for the construction of the road and the storm water pond. Woodcox noted that the current developer and future developers would
benefit by having the storm water pond on county property as they would then have more land to sell.
After considerable discussion the Commission requested Engineer Hall to get written confirmation from the City of Bismarck regarding
the liability of the county for construction costs related to the sanitary sewer line; to “stake” the locations of the sanitary sewer
easement and regional storm water pond; and to review the lease with the Motocross Association. No formal action was taken.
Engineer Hall then presented the request for acceptance of the right-of-way within Willow View Estates Subdivision, Gibbs Township,
east of Bismarck, along the north side of County Highway 10 and the east side of 80th St NE (SW ¼ of the SW ¼ Section 33, T139N,
R79W).
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to accept the right-of-way within the Willow View Estates Subdivision, Gibbs
Township, east of Bismarck, along the north side of County Highway 10 and the east side of 80th St NE (SW ¼ of the SW ¼ Section
33, T139N, R79W). All members present voted “AYE”. Motion carried.
County Building Official/Director Ziegler appeared regarding amendment of an ordinance to reflect then new FEMA Flood Insurance
Rate Map change to Article 21 Floodplain District Regulations. Ziegler stated this is an action required to indicate to FEMA that the
new Flood Insurance Rate Map for Burleigh County has been acknowledged and accepted with said change effective August 4, 2014.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the new Flood Insurance Rate Map for Burleigh County, effective
August 4, 2014. All members present voted “AYE”. Motion carried.
HR Director Terras appeared with the following items for the Board’s consideration: acknowledgement of the ND Workforce Safety &
Insurance discount and authorization to move the benefit plan year to a calendar year.
Terras reported Burleigh County participated in the following safety programs for 2013: Designated Medical Provider and Drug Free
Workplace Safety Discount Programs and the Learning Management System. Terras stated based upon employee participation,
Burleigh County received two discount checks amounting to $7730.26. No action was taken.
Terras noted that currently open enrollment for supplemental benefits takes place in September with a renewal date of October 1st
and a plan year of October 1 thru September 30. Terras continued a second enrollment period is opened in November to make
changes to the health plan for January to December. Terras stated the goal is to put all of the benefit plans on the same plan year and
have one enrollment period for changes.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to move the supplemental benefits plan year to January-December to coincide
with the health insurance plan year. All members present voted “AYE”. Motion carried.
The Commission then reviewed the two (2) price quotes received for gravelling the newly constructed parking lot(s) on the Missouri
Valley Complex. Chairman Peluso stated he would be more comfortable with this item being bid. Comm. Schonert stated there is an
urgent need for this work to be completed due to the recent rains and the number of scheduled events.
Upon question, State’s Attorney Riha stated that road construction projects between $50,000 and $100,000 are not required to be
formally bid, but two (2) price quotes are to be received.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to accept both price quotes in the amount of $14.75 per ton from Knife River
Co., and Strata Corp., for class 5 gravel for the parking lot improvement at the Missouri Valley Complex. All members present voted
2
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the 2015 Budget Calendar as presented by Auditor/Treasurer Glatt.
All members present voted “AYE.” Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the raffle permit application of the University of North Dakota Alumni
Association; to approve the security pledges and designation of depositories; to approve the 2nd approach permits for Scott & Jennifer
Evans (East Meadows Estates Subdivision) and Terrance Preszler (102nd Ave SE). All members present voted “AYE.” Motion
carried.
__________________________
Kevin J. Glatt, Auditor\Treasurer
_______________________
MEETING MINUTES
July 2, 2014
5.00 PM
The Burleigh County Park Board convened a regular meeting with all members present except Commissioners Armstrong and Bitner.
Motion by Comm. Woodcox, 2nd by Comm. Prchal, to approve the minutes of the June 2014 meeting as presented. All members
present “AYE.” Motion carried.
Chairman Peluso stated that he reviewed the bills and recommended approval.
Motion by Comm. Woodcox, 2nd by Comm. Prchal, to approve the bills as presented. All members voted “AYE.” Motion carried.
Comm. Bement noted the Kniefel Landing access/erosion project has been completed and all the park facilities are in good working
order.
Kathleen Jones, Burleigh County Water Resource District (BCWRD) member, appeared regarding operations of McDowell Dam
recreation area. Jones stated the BCWRD, although pleased with the services provided by the Bismarck Park & Rec District, is
soliciting other entities to operate and maintain the recreation facilities at McDowell Dam.
On a motion made, seconded, and carried, the Park Board adjourned.
_________________________
Kevin J. Glatt, Audito/\Treasurer
_______________________
3
MEETING MINUTES
June 16, 2014
5:00PM
The Burleigh County Commission convened with all members present except Comm. Woodcox.
Comm. Armstrong stated he had reviewed the bills and recommended approval.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve the bills as presented. All members present voted “AYE.” Motion
carried.
complete copy of which is on file and available for inspection in the office of the Burleigh County Auditor/Treasurer
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the Schatz and Hanson abatements as requested. All members present
Chairman Peluso then summarized a letter from Auditor/Treasurer Glatt regarding action needed to move forward with the collection
of the half-cent sales tax pursuant to the Home Rule Charter as approved by the electorate on June 10th to fund a new Detention
Center. Peluso noted that state law requires the ND State Tax Commissioner must be notified 90 days prior to the start of a calendar
year quarter to begin sales tax collections. Peluso continued that notice to the Tax Commissioner will need to be provided by June
30, 2014, for collections to begin on October 1, 2014.
Auditor/Treasurer Glatt added that state law also requires a contract between the county and the tax commissioner giving the tax
commissioner authority to collect sales taxes assessed by Burleigh County. Glatt continued that to finance the construction of the
detention center bonds will be issued and funded by sales tax revenue. Glatt stated that to- date Burleigh County’s small bond issues
have not been rated and that a strong bond rating will help secure more favorable financing for this project. Glatt noted that with
Burleigh County’s solid financial position and strong capacity to meet financial commitments a high bond rating is expected.
Motion by Comm. Bitner, 2nd by Comm. Schonert to authorize the auditor/treasurer to notify and direct the ND State Tax
Commissioner that pursuant to the approval of the Burleigh County Home Rule Charter by a majority of the qualified electors voting
on the charter at the Primary Election held on June 10, 2014, Burleigh County desires to start collections of a $.005 sales tax as of
October 1, 2014. All members present voted “AYE” except Comm. Armstrong who voted “NAY”. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner to authorize the auditor/treasurer to implement and execute a contract with the ND
State Tax Commissioner for the collection of the Burleigh County sales tax. All members present voted “AYE” except Comm.
Armstrong who voted “NAY”. Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Schonert to authorize the auditor/treasurer to secure the services of a bond rating service to
begin the analytical rating process to augment the sale of bonds to finance the detention center project. All members present voted
“AYE” except Comm. Armstrong who voted “NAY”. Motion carried.
Chairman Peluso then stated an Advisory Committee needs to be established to create a Memorandum of Understanding (MOA) with
Morton County for the Joint Detention Center. Peluso stated Comm. Woodcox has agreed to be on the Committee and asked that a
representative from the State’s Attorney’s and Auditor/Treasurer’s offices be appointed. State’s Attorney Riha agreed to
representation from his office. Accountant Thompson accepted appointment to the committee.
Kathleen Jones, Burleigh County Water Resource District (BCWRD), appeared and presented the semiannual BCWRD report along
with a draft of the BCWRD 2015 budget.
Jones noted the BCWRD projects in progress and the projects recently completed including the Apple Creek Industrial Park flood
control levee study which has been put on hold until the landowners post the required bond; the twelve (12) drainage complaints
under various stages of review; Fox Island Flood Control which is on hold until Lincoln Township funds the roadway. Jones
1
continued the BCWRD will no longer pay an hourly amount for legal and engineering contract services and has instead moved to
retainer fees. Jones noted this change is expected to save between $50,000 - $60,000/year.
Jones continued the final design for flood control on Hogue Island was presented to the residents for review, with a straw poll vote
taken of all residents both in person and via the BCWRD website. Jones reported the results of the poll show overwhelmingly that the
residents of Hogue Island do not want any flood protection project. Jones noted the flood cleanup work of the four (4) homes that
were purchased on Hogue Island has been completed and the BCWRD is waiting final appraisals of value in order to make a decision
whether to maintain or sell the vacant lots.
Jones then stated the BCWRD would like to have a separate budget established for McDowell Dam for 2015. Jones requested the
County Commission consider a 1.5 mill levy or approximately $500,000 for the operations of McDowell Dam. Jones continued the
2015 BCWRD operating budget (excluding McDowell Dam) would also require a 1.5 mill levy. Jones reported the BCWRD has
received a permit for the fresh water intake and will obtain an easement to bring the fresh water from Apple Creek to McDowell Dam
with a Long Term Development Plan for McDowell Dam being formulated. No action was taken.
County Building Official/Director Ziegler appeared regarding the waiver of permit fees for the construction of a HFOT (Homes for Our
Troops) home. Ziegler reported HFOT has selected a local candidate to receive a new home to be constructed under the supervision
of a local contractor; Patriot Homes. Ziegler stated the request is to waive the following fees: Building Permit, Mechanical Permit,
Plumbing Permit, and Road Approach Permit.
Tory Otto, President of Patriot Homes, appeared and stated Patriot Homes has been awarded the general contract for a new home for
Cpl. Mark Haegle, a severely disabled veteran living in the Bismarck/Mandan area. Otto stated, as General Contractor, he will solicit
donations for labor, materials, and other associated costs.
Motion by Comm. Bitner, 2nd by Comm. Schonert to waive fees for the following permits for the HFOT project: Building Permit,
Mechanical Permit, Plumbing Permit, and the Road Approach Permit. All members present voted “AYE”. Motion carried.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve the liquor license renewal of the Apple Creek Country Club (E & S); to
approve the Special Events Liquor License application for Bottoms Up Tavern for the Wing Rodeo June 21 - 22, 2014; to approve the
2nd approach permits for Rudy Pelz (Harvest Ridge Subdivision) and Bradley Miller and Alan Stalloch (The Ranch Subdivision). All
__________________________
James Peluso, Chairman
2
MEETING MINUTES
June 2, 2014
3:00 P.M.
The Burleigh County Commission convened pursuant to law as the County Board of Equalization. Chairman Peluso called the Board
of Equalization to order with all Commissioners present except for Comm. Armstrong.
Deputy Auditor\Tax Equalization Director Vietmeier appeared and reviewed the statutes and duties of the Board of Equalization
explaining the state requirements related to the sales ratio statistics. Chairman Peluso noted that the Board of Equalization must meet
during the first ten (10) days in June to equalize and correct the assessment rolls and that the Board of Equalization is responsible for
rendering uniform and just taxation.
Vietmeier presented the annual report of assessments for Burleigh County. Vietmeier reported that the total 2014 market value has
increased overall by 14.4% (including AG land values at 90% - 100% of the State Tax Dept recommendation). Vietmeier reported the
main reason for the increase is due to new construction, non-exempt remodeling and improvements, property classification changes,
market changes, abatements, and reappraisals. Vietmeier stated the average county AG land value, as certified by the ND State Tax
Dept., is $361.32 per acre. Vietmeier recommended an average $/acre of $344 to keep Burleigh County within tolerance of the state’s
recommended average. Vietmeier stated all values are as of February 1, 2014.
Vietmeier presented a detailed summary of changes in market valuations within the City of Bismarck, organized townships,
unorganized townships and AG land. Vietmeier also presented a summary of mobile home valuations and the number of rural
properties qualifying for homestead credits, veteran’s credits, new home exemptions, new commercial properties, remodeling
exemptions and geothermal exemptions.
The County Board of Equalization recessed to immediately sit as the Township Boards of Equalization for the unorganized townships
of Lincoln, Riverview, Ft. Rice, Burnt Creek, Lyman, and Phoenix.
Chairman Peluso called for any testimony from those in attendance regarding the assessment of property within the unorganized
townships.
Arthur (Fred) Huft, 3689 E Princeton Ave, appeared and stated he was concerned about the 2014 assessment of his home. Huft
stated his value was increased $28,200 in 2013 and another $28,300 for 2014. Huft admitted his property would sell for more than
the value proposed for 2014.
Maxine Lepp, 7300 Keepsake Lane, appeared and stated she was also concerned with her assessment. Lepp reported her value
had increased 19% in four (4) years.
As no one else present appeared, the following motion was made:
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve and accept the assessments of the unorganized Townships of Burnt
Creek, Ft. Rice, Lincoln, Lyman, Phoenix, and Riverview as recommended by the Deputy Auditor\Tax Equalization Director. All
The respective Unorganized Township Boards of Equalization adjourned and the County Board of Equalization immediately
reconvened with all members present except Comm. Armstrong.
The Board then reviewed the assessments of the Cities of Bismarck, Lincoln, Regan, South Wilton, and Wing. Chairman Peluso
called for any testimony\comments relating to the assessments of the Cities of Regan, Wing, Lincoln, Bismarck, and South Wilton. No
one present appeared.
The Board then reviewed the assessments of the Organized Townships.
Chairman Peluso called for any testimony\comments relating to the assessments of the organized townships.
1
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to authorize a 14.2% overall increase on AG lands to an average of $344 per
acre. All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the assessments of the Cities of South Wilton, Regan, Wing, Lincoln,
and Bismarck as adopted and recommended by the local Boards of Equalization. All members present voted “AYE.” Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve and accept the assessments of the organized and unorganized
townships as adopted by the local Boards of Equalization and recommended by the Deputy Auditor\Tax Equalization Director. All
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Application for Property Tax Exemption for improvements to
Commercial and Residential Buildings N.D.C.C 57-02.2 as recommended by the Deputy Auditor\Tax Equalization Director. All
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve and accept the 2014 real property assessments as equalized, including
an average AG value of $344 per acre, and to authorize the Deputy Auditor\Tax Equalization Director to make corrections to property
values on inundated lands in Burleigh County as needed, and further to adjourn sine die. All members present voted “AYE.” Motion
carried.
On a motion made, seconded, and carried the County Board of Equalization adjourned sine die.
5:15PM
The Burleigh County Commission convened with all members present except Comm. Armstrong.
Chairman Peluso called the meeting to order with the first item of business the approval of the May minutes and vouchers.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the May meeting minutes with the following correction from the May 19
meeting minutes:
Motion by Comm. Schonert, 2nd by Comm. Bitner to establish the Building/Planning/Zoning Dept. as a stand-alone department
with the County Building Official reporting to the Commissioner(s) holding the portfolio and sitting on the County Planning
Commission instead of the County Engineer.
Comm. Woodcox stated he reviewed the vouchers and recommended approval of the same.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve payment of the vouchers, journal vouchers, and filing fee reports as
Deputy Auditor\Tax Director Vietmeier appeared and presented the abatements for the Board’s consideration, a complete copy of
which is on file and available for inspection in the office of the Burleigh County Auditor\Treasurer.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the Ressler, Woodworth, and Jarrett abatements as requested. All
Sheriff Heinert appeared and presented the Detention report for the month of May. Heinert noted 623 prisoner nights were spent
outside the Burleigh County facility at a cost of $30,584 bringing the yearly total to 3,633 “outside nights” at a total cost of $183,915.
Heinert noted there are currently 224 individuals utilizing the 24/7 testing program on a daily basis.
Heinert also reported that the Burleigh County Sheriff’s Department has received a Justice Assistance Grant (JAG) in cooperation
with the Bismarck Police Department. Heinert stated the Sheriff’s Dept. portion of the grant is $11,979 for the purchase of law
enforcement equipment.
2
Motion by Comm. Bitner, 2nd by Comm. Woodcox to approve the Justice Assistance Grant (JAG) in cooperation with the Bismarck
Police Department. All members present voted “AYE”. Motion carried.
Dave Patience, Swenson Hagen & Co., appeared regarding an appeal of the Planning Commission decision to deny the zoning
change and plat approval for Dockter Subdivision (Tract 9A & 9B of Section 11, Burnt Creek Township). Swenson stated the owner,
Jon Dockter, originally purchased two (2) separate parcels along 41st St NE and desires to split the two (2) parcels into three (3)
parcels in order to get building permits needs to subdivide the property. Patience stated that neighbors of the proposed subdivision
appeared at the Planning Commission public hearing in opposition to the new proposed subdivision and the subdivision was denied.
Patience presented and requested approval of a new subdivision plat creating two (2) parcels.
Jon Dockter appeared and stated his intent was to sell one, 10 (ten) acre Auditor’s Lot to his daughter.
Cindy Roethler, a neighbor property owner, appeared and stated she has collected 19 signatures from neighbors in opposition to the
proposed Dockter Subdivision.
Motion by Comm. Woodcox, 2nd by Comm. Bitner to deny the appeal of the Planning Commission decision regarding Dockter
Subdivision (Tract 9A & 9B of Section 11, Burnt Creek Township) and direct the new proposal for two (2) lots be presented by the
owner to the Planning Commission for action. All members present voted “AYE”. Motion carried.
County Building Official/Director Ziegler appeared and presented the following items for the Board’s consideration: zoning change for
Tract “A” of Lot 3, Block 1, Zuraff Subdivision and zoning change and final plat of Ranch 2nd Subdivision located in part of the E ½,
Section 9, Burnt Creek Township.
Ziegler stated Zuraff is requesting a zoning change for Tract “A” Lot 3, Block 1, Zuraff Subdivision, Menoken from R1 to Commercial
to allow the purchaser of the property to distribute liquid fertilizer from a shop building for four (4) months of the year. Ziegler stated
the remainder of the year the building will be for a hobby garage to restore personal antique tractors.
Comm. Bitner suggested the zoning change be approved with conditions including limiting the storage of items outside buildings.
Dennis Kaiser, REALTOR® with Century 21 Morrison Realty, representing the purchaser of the property, stated the subject property
is about 500 feet from an in Industrial zoned cement plant that has many things stored outside. Kaiser questioned why such
restrictions would be placed in a Commercial zoned area as Commercial zoning allows such uses. Kaiser noted a public hearing was
held before the County Planning Commission with no objections being made to the zoning change.
Clayton Hogarth the purchaser of the property stated he will be constructing a building and storing the commercial fertilizer in the
facility during planting season. Hogarth stated he will have a delivery trailer stored outside.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to amend the motion to include the following: The change from R1 to Commercial
will allow the purchaser to distribute liquid fertilizer from a shop building for four (4) months of the year and the remainder of use for
the building will be for a hobby garage for the purchaser to restore his personal antique tractors. All equipment must be stored inside.
“AYE” votes: none. “NAY” votes: Schonert, Bitner, Woodcox, Peluso. Absent: Armstrong. Motion failed.
Motion by Comm. Woodcox, 2nd by Comm. Schonert to approve the zoning change request for the Zuraff Subdivision, Tract “A” Lot 3,
Block 1, Zuraff Subdivision, subject to payment of delinquent taxes. “AYE” votes: Schonert, Bitner, Woodcox, Peluso “NAY” vote:
none. Absent: Armstrong. Motion carried.
Ziegler then introduced the zoning change and final plat request for The Ranch 2nd Subdivision. Comm. Bitner stated he may have a
conflict of interest related to this item as he may be doing work for the developer in connection with the completion of this subdivision
and thus wished to abstain from voting on this item.
State’s Attorney Riha stated that if a Commissioner has a direct and substantial personal or pecuniary interest in a matter before the
Commission he must disclose the fact to the rest of the Commission, and may not participate in or vote on that particular matter
without the consent of a majority of the rest of the body.
3
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to determine that Comm. Bitner has a direct and substantial personal or
pecuniary interest in The Ranch 2nd Subdivision and thus remove him from participation and voting on this matter. All members
present voted “AYE”. Motion carried.
Comm. Schonert stated that his relative(s) are the owners and developers of The Ranch 2nd Subdivision and asked Riha whether this
was a conflict. Riha reiterated there needs to be a direct and substantial personal or pecuniary interest in the property for a conflict to
exist.
Ziegler then stated The Ranch 2nd is phase two of a recently approved subdivision.
Upon question Don Metzger, Bartlett & West Engineers, appeared and confirmed that a Magellan central sewer system will be used
for this subdivision
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the zoning change and final plat of The Ranch 2nd Subdivision
located in part of the E½, Section 9, Burnt Creek Township. All members present voted “AYE”. Motion carried.
David Schollars, Executive Director of The Bismarck-Mandan Symphony Orchestra, appeared and requested $5,000 in funding for the
Annual 4th of July Celebration held at the State Capital grounds.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the $5,000 funding request for the Annual 4th of July Celebration and
to approve the formal contract describing how the funds will be expended along with proof that the Symphony is a qualified non-profit
organization recognized by the ND Council on the Arts. All members present voted “AYE”. Motion carried.
Mike Heilman, Burleigh County Supt. of Schools, appeared and presented an update on county schools and the Apple Creek School
annexation petition. Heilman reported that the annexation petition to transfer Pine Meadows Subdivision was approved by the State
Board of Education after being denied by the County School Reorganization Committee.
Heilman also stated he has visited all of the county schools for various items and projects (Spelling Bee, Math Counts, and County
Field Day). Heilman stated he is currently working on a unified policy manual, safety/emergency plans, and the assisting of hiring
teachers. No action taken.
Communication Director Dannenfelzer appeared and presented a request for expenditure of funds from the Enhancement Account for
a 9-1-1 system replacement. Dannenfelzer stated the Bismarck/Burleigh Combined Communications User Board has partnered with
the State of ND Information Technology Department (ITD), in soliciting bids for a Next Generation 9-1-1 (NG9-1-1) compliant VoIP 91-1 call-taking system to replace our current 9-1-1 system. Dannenfelzer continued the initial Bismarck/Burleigh Combined
Communications Center obligation will be $325,000 to purchase and install the equipment in the dispatch center, train personnel on
system use, and prepay the maintenance for the 24/7 monitoring of the system.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the expenditure of up to $325,000 from the 9-1-1 Enhancement Fund
for implementation of a new VoIP 9-1-1 call-taking system in partnership with the State ITD with the Bismarck/Burleigh’s contribution
for annual maintenance and support to be funded through the Combined Communications Center’s annual operating budget. All
Dwight Wrangham, Apple Creek Industrial Park Association, appeared and stated the Apple Creek Industrial Park Association is
made up of numerous property owners in the Apple Creek Industrial Park who are experiencing difficulty obtaining building permits
from the City of Bismarck.
Lori Hoherz, a member of the Apple Creek Industrial Park Association, appeared and stated her difficulties with obtaining building
permits from the City of Bismarck.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to direct County Building Official/Director Ziegler to write a letter to the City of
Bismarck requesting a formal meeting to discuss the issue why building permits for the Apple Creek Industrial Park are being delayed
and how the delays can be rectified. All members present voted “AYE.” Motion carried
4
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the D&S liquor license renewals for the Moffit Bar and Flash’s Place; to
approve the SE liquor license applications for the Moffit Bar (Friends of Vets Fundraiser and ABATE Biker Rally); to approve the raffle
permit application for St. Hildegard’s Catholic Church, and the 2nd approach permit application request of Gary Schmidt from Lot 2,
Block 3, Grande Prairie Estates Subdivision. All members present voted “AYE.” Motion carried.
__________________________
MEETING MINUTES
June 2, 2014
5.00 PM
The Burleigh County Park Board convened a regular meeting with all members present except Comm. Armstrong.
Chairman Peluso called the meeting to order with the first item of business the approval of the May minutes.
Motion by Comm. Woodcox, by Comm. Bitner, to approve the May meeting minutes as presented. All members present voted “AYE.”
Motion carried.
5
Comm. Woodcox stated he had reviewed bills and recommended approval.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the monthly bills as presented. All members present voted “AYE.”
Motion carried.
Comm. Bement reported that all the ramps are in working order and that he will contact Game and Fish Department in reference to
parking at Kimbal Bottoms.
Comm. Bitner reported that if problems arise at the Kniefel fish cleaning station, citizens are to call the Burleigh County Park Ranger
at 701-220-9014.
Comms. Bitner reported he and Comm. Prchal are working on reducing the number of boulders being used for the Kniefel Landing
access/erosion project. Bitner stated existing boulders will be repositioned thereby reducing the amount of the project costs. Comm.
Bement suggested this savings be used for additional road material (gravel) for the area. Comm. Prchal and Comm. Bitner will
continue to pursue this issue.
Comm. Schonert stated he was contacted by a member of the Antique Car Club at Buckstop Junction regarding the county furnishing
recycled asphalt to pave the area around the service station at Buckstop Junction. Comm. Schonert stated he does not remember
any such commitment and thus the Car Club hired Northern Improvement Co to complete work and is now asking the County to
provide 220 tons of recycled asphalt as a donation. The Board requested the Antique Car Club to appear at the next meeting and
make a formal request. No action was taken.
_______
_______________________
6
MEETING MINUTES
May 19, 2014
5:00 P.M.
Comm. Woodcox stated he reviewed the bills and recommended approval of the same.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve payment of the bills as presented. All members voted
This was the hour and date set for a public hearing regarding the St. Alexius Medical Center, a North Dakota nonprofit
corporation, MIDA Bond Issuance in an amount not to exceed $55 million.
Sean Smith, bond counsel for St. Alexius, appeared and explained the bonds will be used for the acquisition of real
property; the acquisition and installation of equipment and other personal property; the renovation, remodeling and
improvement of real property associated with the St. Alexius Hospital and other medical facilities; to refund the
outstanding Health Care Revenue Bonds, Series 1998A (St. Alexius Medical Center) issued by the City of Bismarck; if
required to market the bonds, to make a deposit to the debt service reserve fund for the bonds; and to pay certain
costs of issuance of the bonds. Smith stated the amount of the proposed bond issue would not exceed $55 million.
Smith requested the County Commission’s approval of the proposed MIDA bond issuance.
Chairman Peluso opened the public hearing and called for any public testimony.
As no one else present appeared, the public hearing was closed and the following motion made:
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the issuance of MIDA Bond Issuance in an amount not to
exceed $55 million on behalf of St. Alexius Medical Center with the condition that St. Alexius will compensate the
County for the rate difference between non-qualified and qualified tax-exempt obligations. All members voted “AYE.”
Motion carried.
This was the hour and date set for a public hearing regarding the vacation of an alley within Block 6 Menoken Townsite
to accommodate construction of Menoken School.
County Building Official/Director Ziegler appeared and presented information related to the request of the Menoken
School Board to vacate an alley located in Block 6, Menoken Townsite.
Chairman Peluso opened the public hearing and called for any public testimony.
As no one else present appeared, the public hearing was closed and the following motion made:
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the vacation of the alley within Block 6 Menoken
Townsite to accommodate construction of Menoken School.
All members voted “AYE.” Motion carried.
Deputy Auditor/Tax Director Vietmeier appeared and presented abatements for the Board’s consideration, a complete
copy of which is on file and available for inspection in the office of the Burleigh County Auditor/Treasurer.
Motion by Comm. Woodcox, 2nd by Comm. Bitner to approve the Hintz, Hohbein, Croteau, Hughes, Jahner, Ewine,
Wetsch, Cherrey, Goldammer, Beauchamp, and Fode abatements as requested and recommended by the Deputy
Auditor\Tax Director. All members voted “AYE.” Motion carried.
Vietmeier then presented information to the Board regarding the upcoming County Board of Equalization meeting on
June 2nd at 3:00pm. Vietmeier continued that upon review of the assessment rolls, each Commissioner will receive an
email with the final report.
County Building Official/Director Ziegler presented the following items for the Board’s consideration: final consideration
of zoning change and final plat of Country Ridge 1st Subdivision located in part of the NW1/4, Section 5, Gibbs
Township, and final consideration of zoning change and final plat of Country Ridge 2nd Subdivision located in part of
the W½, Section 5, Gibbs Township.
Ziegler stated there are still some issues needing to be finalized including the storm water management plan,
rewording of the development agreement, and roadway issues.
Motion by Comm. Woodcox, 2nd by Comm. Bitner to table both County Ridge 1st and County Ridge 2nd Subdivisions
zoning changes and final plats until all issues are resolved. All members voted “AYE”. Motion carried.
Ryan Deichert, property owner, appeared and requested acceptance of the right-of-way within and adjacent to Sara’s
Subdivision located in Section 19, Lincoln Township. County Engineer Hall appeared and stated he has reviewed the
right-of-way and recommends acceptance of the right of way.
Motion by Comm. Bitner, 2nd by Comm. Schonert to accept the right-of-way within and adjacent to Sara’s Subdivision,
located along the west side of England Street, south of Scout Street (the N½ NE¼ SE¼NE¼ and the NE¼NW
¼SE¼SE¼NE ¼, Section 19, T138N-R80W/Lincoln Township. All members voted “AYE”. Motion carried.
1
Brian Ritter, President Bismarck Mandan Development Association (BMDA), appeared and presented the Industrial
Development Agreement / funding contract between Burleigh County and BMDA. Ritter requested if the Agreement is
approved that a County Commissioner be appointed as a voting member on BMDA Board of Directors.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to amend Section 2 of the contract to read: ….may levy an amount
not to exceed one (1) mill for BMDA to perform the functions of jobs development authority….All members voted
Motion by Comm. Woodcox, 2nd by Comm. Schonert to approve the Industrial Development Organization Agreement
with the Bismarck Mandan Development Association as amended. AYE” votes: Bitner, Schonert, Woodcox, Peluso.
“NAY” votes: Armstrong. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner to appoint Comm. Woodcox as a voting member on Bismarck
Mandan Development Association Board of Directors. All members voted “AYE”. Motion carried.
Chairman Peluso then initiated the discussion related to truck traffic to the landfill on 149th Ave NW and the results of
meeting with landfill operator DB Waste LLC. Peluso stated that DB Waste LLC.’s permit has been renewed by the
state Health Department; no shredded tires are being hauled off the landfill since there is no market for them, there is
no hazardous materials being dumped in the landfill, and all of DB Waste LLC’s trucks are using the appropriate route.
Peluso added the owner of the landfill has promised to run magnets over the nearby gravel roads every time they are
bladed. Peluso added letters are being sent by DB Waste LLC to all other haulers that use the landfill site regarding the
use of 149th Ave.
Sheriff Heinert appeared and stated patrolling of the area has been increased and deputies did not detect a high
number of DB Waste trucks or other haulers speeding on the nearby gravel roads with the majority of speeding tickets
issued to passenger vehicles.
David Pabst, 3250 123rd Ave NW, appeared and expressed concerns about truck traffic. Pabst believes the refuse
trucks are the problem. Pabst added that he has not seen any magnets being run on the road.
Comm. Schonert noted that the road had been bladed recently and Engineer Hall confirmed that DB Waste, LLC had
been notified of the blade work.
George Schick, manager DB Waste LLC, appeared and stated staff ran a magnet on a two (2) mile stretch of the
adjacent gravel roads after they had been bladed and did not pick up much – other than shavings from the maintainer
blade. Schick added he inspects every load that is dumped in the landfill.
James Heidrich, 12629 34th St NW, appeared and presented a small bag of debris collected from the road since the
last Commission meeting.
Tim Kellar, 13231 134th St. NW, appeared expressing his concern regarding the truck traffic. Kellar noted he is
particularly concerned about road safety, and the landfill hours of operation. Kellar stated he has had several flat tires
from the debris left by the garbage hauling trucks.
Mike Stoltz, owner of Great American RollOffs, a company that provides roll-off dumpsters, appeared and stated his
company does use the facility after 5pm. Stoltz added he has not seen any hazardous materials being dumped in the
landfill. Stoltz stated his trucks use Highway 83 and 149th Ave NW as it is the safest travel route.
Tim Kellar asked if the County Commission could call for a public hearing on this issue.
6:00 P.M.
Comm. Woodcox was excused.
Engineer Hall then initiated the discussion regarding the request of Midwest Business Park for easements for sanitary
sewer & water, and an easement / right-of-way dedication for a street to be located on the N/S property line between
the Missouri Valley Complex and the Midwest Motor Express property. Hall stated Midwest Business Park desires to
develop the property directly to the east of the complex property and is proposing to construct a 48’ roadway between
Midwest Motors and the complex property to access the development. Hall stated the County Commission as owners
of the complex property need to address three (3) questions related to the Midwest request:
1) Does the county grant an additional easement for the sanitary sewer? Hall stated this item has been answered as
Midwest Business Park will utilize the existing wastewater easement that goes across the Missouri Valley
Complex property. Hall noted Burleigh County will be responsible for a portion of the construction of the sanitary
sewer line.
2)
Where should the access road from County Road 10 be placed to access the Midwest Business Park and the
county property? Hall stated a platted lot which serves as an internal road while not constructed, does exist but
may not be recognized and granted as an access onto County Road 10. Hall continued once a road and access
between the County property and the Midwest Motor Express is improved, the County’s access would be denied.
3)
How would the expense of the proposed 48’ roadway between Midwest Motors and the complex property to be
allocated and paid? Hall noted such costs would include the street, curb and gutter, storm water sewer, sanitary
sewer construction, and water main construction. Hall stated the estimated cost is $1.6M to $1.8M.
2
Jim Christianson, NorthWest Companies, representing Midwest Business Park appeared and stated the estimated cost
of the sanitary sewer to Burleigh County at $150,000 - $175,000. Christianson continued that the cost of the roadway
would be split 50/50 with Midwest Business Park and that both projects could be special assessed or financed by the
developer. Christianson stated both projects would increase the value of the county property.
Comm. Schonert stated the increase in value does not mean much as the county does not intend to sell the property
as it is intended for public use.
Comm. Bitner stated he does not have an issue with the roadway being placed on the property line and the county
providing the right of way. Bitner stated he does have a problem with tax dollars funding the construction of the road
for a private developer.
County Engineer Hall presented the following items for the Board’s consideration: consideration of bids for the
Centennial Road & 71st Ave NE improvement project and consideration of a development agreement with Investcore,
Inc. to waive the platting requirement to pave roadways in Copper Ridge 3rd Subdivision and allow the developer to
record the plat before the roadway work is completed.
Hall then reported the following bids were received for the Centennial Road & 71st Ave NE improvement project, noting
the Engineer’s Estimate was $3,650,765.29
Northern Improvement
Mariner Construction Inc.
Central Specialties, Inc.
$3,320,633.63
$4,119,948.76
$4,153,695.51
Motion by Comm. Schonert, 2nd by Comm. Bitner, to accept the low bid from Northern Improvement of $3,320,633.63
for the Centennial Road & 71st Ave NE improvement project and authorize the proper county officials to enter into a
contract with said bidder. All members voted “AYE”. Motion carried.
Hall also presented the development agreement with Investcore, Inc. to waive platting requirement to pave roadways
within the final phase of Copper Ridge 3rd Subdivision and allow the developer to record the plat before the roadway
work is completed.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to adopt the Developer Agreement with Investcore, Inc., the
developer of the final phase of Copper Ridge 3rd Subdivision. All members voted “AYE”. Motion carried.
HR Director Terras appeared and presented the following for the Board’s consideration: completion of probationary
status and continued employment of the County Building Official and discussion on making the
Building/Planning/Zoning Dept. a stand-alone department with the County Building Official reporting to the
Commissioner(s) holding the portfolio and sitting on the County Planning Commission instead of the County Engineer.
Motion by Comm. Schonert, 2nd by Comm. Bitner to establish the Building/Planning/Zoning Dept. as a stand-alone
department with the County Building Official reporting to the Commissioner(s) holding the portfolio and sitting on the
County Planning Commission. All members voted “AYE”. Motion carried.
By consensus Comm. Bitner was appointed the Commissioner to whom the County Building Official will report.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve the Gaming Site Authorizations for the CVB at Burnt
Creek Club and Hazelton Lions Club at the Moffit Bar; to approve the Liquor License renewals of Hawk Tree, Rolling
Plains Adventures, and Burnt Creek Club, and to recognize the Dakota Woodturners as an Other Public Spirited
Organization and to approve the Raffle Permit Application of the Dakota Woodturners. All members voted “AYE.”
Motion carried.
Kevin J. Glatt,
Auditor\Treasurer
_______________________
James Peluso
Chairman
.
3
MEETING MINUTES
May 5, 2014
5:00PM
The Burleigh County Park Board convened with all members present except Commissioner Prchal.
Chairman Peluso called the meeting to order with the first item of business the approval of the April 2014 minutes.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the April meeting minutes as presented. All members
Comm. Woodcox reported that he had reviewed the bills and recommended approval.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve payment of the County Park Board bills. All members
Comm. Bitner presented a quote from Pacific Sound & Video for a surveillance system at Kniefel Landing. Bitner
stated the Misty Waters Convenience Store has agreed to allow the county to connect this system into their security
system. Bitner stated a contract needs to be formalized regarding county access to the system, whether it is the
Sheriff’s Dept. or another office. Bitner continued the quote is not complete, as there will be additional costs
associated with electrical service for the system. Bitner requested Emergency Manager Senger and Tom Schroeder of
the Sheriff’s Dept. to set-up the remote access portion of the camera system. Bitner added the quote is for one
camera and that additional cameras may be needed.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to accept the quote for security camera surveillance at Kniefel
Landing with Pacific Sound & Video (noting additional expenses for the electrical work to be done) subject to Senger
and Schroeder negotiating a contract with the Misty Waters Convenience Store. All members present voted “AYE”.
Motion carried.
Bitner then suggested that a larger vehicle (pick-up truck) be provided to the Park Ranger that will allow him to adjust
the boat docks.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Garrison Diversion Conservancy District sign to
recognize the cost share funding between the Conservancy District, the Burleigh County Park Board and the ND Game
& Fish for the Kniefel Landing Fish Cleaning Station. All members presented voted “AYE”. Motion carried.
County Engineer Hall appeared and introduced a discussion regarding the request from Misty Waters LLC for an
effluent pipeline easement through the Kniefel Landing property.
Karl Rockeman, ND Department of Health Water Quality Division, appeared and stated that the proposed private
waste treatment facility for the Misty Waters Subdivision will require a discharge permit from the Health Dept.
Rockeman stated the permit will require weekly monitoring and need to meet water quality standards for recreational
water. Rockeman noted the monitoring will consist of testing and analyzing the water quality by a certified lab with the
results reported to the Department of Health.
Comm. Schonert questioned why the discharge cannot be moved to the south away from the public recreation area.
Rockeman responded the Dept. of Health, the ND Water Commission and the US Army Corps of Engineers have
inspected the southern edge of the property and the bank is very unstable. Rockeman added this location is in the
main channel of the river thus having the greatest water flow to move the discharge, noting the area to the south is in a
“backwater” area.
Comm. Bitner suggested a clause be put into the easements that any time there is a failed test or a problem with the
system; the county can order the facility to be removed from county property at the operator’s expense.
Comm. Armstrong inquired as to the color of the effluent and what could be the worst case scenario. Rockeman stated
he was unsure of the color of the effluent and stated if there was a failure of the system, the plant would be shut down
until repairs were made.
Comm. Bement expressed concern about the placement of the pipe in relation to people fishing and swimming in that
area and the perception of the recreating public who shore fish and swim there.
Comm. Peluso has no concern with effluent pipeline.
Comm. Woodcox questioned the depth of the outfall pipe.
Harvey Schneider, Toman Engineering, appeared on behalf of Misty Waters LLC, and stated the pipeline will be
subsurface with the emergency overflow above ground further and located to the south of the boat dock. Schneider
continued the effluent pipe is designed to be buried about nine (9) feet underwater with the outfall angled and about
seven (7) feet underwater.
Comm. Peluso questioned how the pipeline would be placed into the river. Schneider stated the pipeline would be
bored from the treatment facility which will be located on the SE corner of the Misty Water Convenience Store property.
3
Schneider continued three (3) pits would be needed to complete the work and a manhole will be located on the park
property.
Comm. Schonert asked if the effluent would harm fishing. Rockeman stated he did not believe it would as there is so
much water flow going past the pipeline in the proposed location.
Harvey Manchester, Toman Engineering, appeared and reported the flows of the effluent coming out of the pipeline
would not exceed 55 gallons/minute at full capacity. Manchester stated the average river flows in June, July, and
August is 9 - 12 million gallons/minute at the proposed location.
Comm. Armstrong questioned the State Health Dept. regarding the number of active permits of this type on the
Missouri River. Rockeman stated there are several outfall permits, including the City of Bismarck and the City of
Mandan. Rockeman stated this will be the only Magellan system discharging into the Missouri river.
Chairman Peluso questioned Burleigh County Building Official Ziegler if he had experience with the Magellan system.
Ziegler reported his only experience with the Magellan system is the information he has received on the Ranch
Subdivision (which is currently under construction) and the research he has done. Ziegler stated there does not
appear to be many reported problems with this type of system.
Clark Hicks, construction manager for the suppliers of the Magellan system, appeared and explained the system can
be shut-off almost instantaneously if problems are reported. Hicks stated the monitoring system is internet-based so
anyone with access can shut the system down immediately at any time.
Comm. Bement stated he would like to see other locations be explored and stated he is opposed to the discharge
being placed in this public park recreation area.
Chairman Peluso stated he feels we are overreacting as this proposal will benefit everyone as it will help the
development prosper and will reduce the number of trucks in the area.
Comm. Bitner stated he feels the outfall should be moved further to the south.
Motion by Comm. Woodcox, 2nd by Comm. Schonert to approve the effluent pipeline easements through the Kniefel
Landing park area. “AYE” votes: Armstrong, Peluso, Woodcox, Schonert. “NAY” votes: Bement, Bitner. Absent:
Prchal. Motion carried.
________________________
_________________________
4
MEETING MINUTES
April 21, 2014
5:00 P.M.
The Burleigh County Commission convened a regular meeting with all members present except Comm. Armstrong.
Comm. Schonert stated he reviewed the bills and recommended approval of the same.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the bills as presented. All members present voted “AYE.” Motion
carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner to approve the Nelson, Miller, Arnts, and Krom abatements as requested. All
Building Official Ray Ziegler presented the following items for the Board’s consideration: final consideration of Ordinance Article 30,
Section 3, Accumulations of Items; final consideration of zoning changes and final plat of Goehring Subdivision located in part of the
SE ¼ of Section 19, Burnt Creek Township; final consideration of zoning change and final plat of Country Ridge 1st Subdivision in part
of the NW ¼, Section 5, Gibbs Township; final consideration of zoning change and final plat of Country Ridge 2nd Subdivision located
in part of the W ½, Section 5, Gibbs Township; and, vacation of an alley in Block 6, Menoken Townsite, Menoken Township.
Ziegler requested that the final consideration of Article 30, Section 3; Accumulation of Certain Items Prohibited be delayed to allow the
Burleigh County Board of Health an opportunity to provide input on this item. The Board directed Ziegler to bring this item back for
final consideration at the next meeting.
Ziegler then requested that the zoning change requests and final plats for Goehring Subdivision, Country Ridge 1st Subdivision, and
Country Ridge 2nd Subdivision be tabled until the next meeting to allow Ziegler additional time to review all documents and
requirements.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to table the zoning changes and final plat considerations for the following
subdivisions: Goehring Subdivision located in part of the SE ¼ of Section 19, Burnt Creek Township; Country Ridge 1 st Subdivision in
part of the NW ¼, Section 5, Gibbs Township; and, Country Ridge 2nd Subdivision located in part of the W ½, Section 5, Gibbs
Township. All members present voted “AYE”. Motion carried.
Ziegler next presented a request to vacate the alley within Block 6, Menoken Townsite to accommodate the construction of a new
Menoken School (action to call for public hearing).
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to schedule a public hearing on May 19, 2014, regarding the request to vacate the
alley within Block 6, Menoken Townsite, Menoken Township to accommodate the construction of a new Menoken School. All
County Engineer Hall appeared and presented the following items for the Board’s consideration: review of proposed changes to the
Burleigh County Comprehensive plan and discussion related to truck traffic to the landfill in the area of 149th Ave NW.
Hall presented the proposed changes to the Burleigh County Comprehensive Plan by highlighting the changes that have been
forwarded to him since the public hearing on this matter was held by the County Planning Commission.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to remove the words: “and conserving the natural beauty”, and to remove “of the
area” from Chapter IV. Parks and Recreation - Objective: #3, Policy #3. All members presented voted “AYE”. Motion carried.
1
Motion by Comm. Schonert, 2nd by Comm. Bitner, to remove from Chapter VI. Business and Industry - Objective: 4 – The creation or
extension of poorly designed and located strip commercial developments will be discouraged and Objective 4, Policy #1 – Encourage
business to cluster and develop in depth, (such as at road intersections) rather than in a narrow strip along roads. All members
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to remove from Chapter VII. Facilities and Services - Objective #1, Policy #2 –
Promote the continued expansion of medical facilities in Bismarck, and Policy #3 – Encourage cooperation in solving school district
boundary conflict between city and rural districts. All members present voted “AYE”. Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to remove “maintain productive agricultural land, and to” from Chapter VII. Growth
Within Burleigh County - Objective #1, Policy #5. All members present voted “AYE”. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to remove Policy #1b – The change in land use should not cause significant
conflicts with existing agricultural uses on adjacent properties; and Policy #1c – Are the existing or planned activities on adjacent
properties presently incompatible with agricultural use from Chapter VIII. Growth Within Burleigh County - Objective #2. All members
Motion by Comm. Bitner, 2nd by Comm. Schonert, to add Policy #10 - The proposal should address all storm water issues by
establishing drainage easements, storm water runoff elevations, and building setback lines from drainage easements with additional
language include storm water facility maintenance by the creation of Special Assessment Districts, to Chapter VII. Growth Within
Burleigh County - Objective #2. All members present voted “AYE”. Motion carried.
Comm. Schonert then initiated a discussion regarding the truck traffic in the area of the landfill on 149th Ave NW, and noted the three
(3) calls he has received from area residents regarding flat tires and concerning the haul trucks travelling at excessive speeds in the
area. Schonert stated the area residents would like to be present at the next meeting.
The Commission directed Engineer Hall to request the landfill owner/operator also attend the next meeting. Hall stated he would visit
with the States’ Attorney regarding posting and enforcement of speed limits in the area. The Board also directed Hall to conduct a
one-day “truck” traffic count for the area.
Hall then presented a request for a second and third approach (access) permit from JTJ Partnership, LLP, on to Cartridge Loop from
Lot 5, Duemeland Subdivision.
Hall noted the exiting approach for Lot 5 is on to Yegen Road and that both of the requested additional approaches have been
reviewed and approved by the Highway Dept.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the second and third approach (access) permits of JTJ Partnership,
LLP, from Lot 5, Duemeland Subdivision on to Cartridge Loop. All members present voted “AYE”. Motion carried.
Hall then introduced the request of the Midwest Business Park, located east of the Missouri Valley Complex (fairgrounds), for sanitary
sewer and water easements, and an easement or right-of-way dedication for a street to be located on the north/south property line
between the complex property and Midwest Motors Express. Hall stated Midwest Business Park desires to develop the property
directly to the east of the complex property and is proposing the construction of a 48’ roadway between Midwest Motors and the
complex property to access the development. Hall stated the County Commission as owners of the complex property need to
address three (3) questions related to the Midwest request:
1) Does the county grant easements for the sanitary sewer, and water lines?
2) Where should the access road from County Road 10 be placed?
3) How is the expense of the associated work to be allocated and paid?
Jim Christianson, NorthWest Companies, appeared representing the developers and stated the desire is to place the access road
from County Road 10 on the property line between the properties with the cost of the road split between the adjacent landowners
(Midwest and Burleigh County) as it will provide equal benefit and access to both parties.
2
After considerable discussion the Commission requested Christianson to provide more details, including cost estimates and return to
a future meeting to discuss the requests further. No action was taken.
Human Resource Director Terras appeared and presented proposed updates to the County Personnel Policy relating to Holiday Pay.
Terras stated county department heads have reviewed the policy and recommend adding the following language to clarify how
holidays are paid for employees on leave without pay, new hires and resignations/terminations: To receive compensation for
holidays, an employee must have worked a full shift on the employee’s scheduled work shift or be on an approved leave with pay on
the day before and the day after the holiday.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the above policy change to Chapter 4, Section 3: Holidays as
recommended. All members present voted “AYE”. Motion carried.
Terras also presented proposed updates to the County Personnel Policy relating to Alcohol Substance Abuse policy. Terras stated
the proposed changes have been reviewed by the county department heads who recommend removing the following language:
Testing will be conducted on any employee involved in a motor vehicle accident using a County vehicle, or if using a personal vehicle
driving for County business when County liability could be affected.
Motion by Comm. Bitner, 2nd Comm. Woodcox to approve the changes to County Personnel Policy, Chapter 10, Section 6, Alcohol
and Controlled Substance Workplace Policy: Testing Guidelines as presented. All members present voted “AYE”. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the Liquor License applications of Bottom’s Up Tavern (formerly Uncle
Jesse’s) Driscoll, and the Capital City Gun Club. All members present voted “AYE”. Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to appoint the Primary Election Inspectors as presented and to authorize
Auditor/Treasurer Glatt to make appointments for the vacancies as needed. All members present voted “AYE”. Motion carried.
__________________________
___________________________
MEETING MINUTES
April 21, 2014
7:00 P.M.
The Burleigh County Commission convened a joint meeting with the Morton County and Bismarck and Mandan City Commissions. All
county Commissioners were present except Comm. Armstrong.
Chairman Peluso called the meeting to order with the only item of business the presentation of the Joint Detention Center design plan
by Venture Architects & übl Design Group, a complete copy of which is available upon request.
_________________________
______________________
3
MEETING MINUTES
April 7, 2014
5:00 P.M.
Chairman Peluso called the meeting to order with the first item of business the approval of the March minutes.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the March meeting minutes as presented. All members voted “AYE.”
Motion carried.
Comm. Schonert stated he reviewed the bills and recommended approval of the same.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve payment of the vouchers, journal vouchers, and filing fee reports as
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve the Lynch, Swang, Bauer, Miller (Lee M. & Helen), Miller (Gladys G.),
Preabt, Anderson, Pfliiger, Regstad, Marquart, Gateway Fashion Mall, Mastrud, Dagley, Aune, and Higgins abatements as
requested. All members voted “AYE.” Motion carried.
Sheriff Heinert appeared and presented the following items for the Board’s consideration: monthly jail update; consideration of
acceptance of a NDDOT grant for two (2) radar units; and, an update on a Bismarck Rural Fire Protection District project.
Sheriff Heinert stated for the month of March 670 prisoner nights were spent outside the Burleigh County facility at a cost of $33,950
bringing the yearly total to 2,373 “outside nights” at a total cost of $121,252. Heinert stated inmates were only housed at the Bismarck
Transition Center in March. Heinert noted there are currently 185 individuals utilizing the 24/7 testing program on a daily basis, with
49 on the drug patch, 91 on the ankle bracelet, and 45 on two-a-day breath tests.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to authorize the acceptance of a ND Dept. of Transportation Grant in the amount
$3,000 for two (2) radar units. All members voted “AYE”. Motion carried.
Sheriff Heinert then reported a Memorandum of Understanding has been drafted between the Bismarck Rural Fire Department and
the Burleigh County Sheriff’s Department covering water rescue activities. Heinert stated a formal announcement will be made during
boating safety week in May.
Dave Patience, Swenson & Hagen Co., appeared and presented a pavement waiver request for Fernwood 2nd Subdivision. Patience
noted this request was tabled at the March 17, 2014, meeting to allow Hay Creek Township to meet and provide a recommendation.
Dave Pierce, Chairman Hay Creek Township, appeared and stated Hay Creek Township after much discussion, recommended
approval of the zoning change, authorizing three (3) access points for the proposed six (6) lots and require the remaining stretch of
Fernwood Dr. to be paved.
Patience reported that if the remainder of Fernwood Dr. is required to be paved, the landowner will only plat the three (3) lots adjacent
to the existing pavement and thus request a waiver for only approximately 50’ of Fernwood Dr.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to grant a waiver to the pavement policy, allowing the gravel portion of
Fernwood Dr. that exists on the south portion of the proposed Lot 3, up to where the paving exists on the north part of the proposed
Lot 3 (approximately 50’) in the proposed Fernwood 2nd Subdivision. All members voted “AYE”. Motion carried.
County Engineer Hall presented the following items for the Board’s consideration:
1
Consideration of bids for surface grazing rights, consideration of bids for Project No. 0061 & 0062 – 57th Ave NE & 57th Ave NW
improvements; consideration of bids for SAD # 56 Country Side Estates Seal Coat; consideration of agreement regarding drainage
issues within Country Creek 3rd subdivision; and, review of proposed changes to Burleigh County Comprehensive Plan.
Hall reported the following bids were received for the 2014 grazing rights on Section 9, T141N, R76W:
Clay McPeak $19,950
Kenny Franklund
$18,000
Chad Dunbar $12,500
Gary Grosz
$7,000
Patrick Carroll or Shane Carroll $15,000
Hall noted this is a one-year contract with five (5) months of grazing rights starting June 1 with a maximum of 70 cow/calf pairs and 3
bulls. Hall stated the county is responsible for the fence at the beginning of the contract and will provide fencing material for repairs
to the lessee during the contract period.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to accept the bid from Clay McPeak in the amount of $19,950 for the 2014 surface
grazing rights on Section 9, T141N, R76W, and to authorize the proper County officials to enter into a contract with the second
highest bidder if an agreement cannot be reached with the first bidder. All members voted “AYE.” Motion carried.
Hall then reported the following bids were received for Project # 0061 & 0062 – 57th Ave NE & 57th Ave NW paving project:
$718,688.78
Northern Improvement
$719,786.90
Hall noted the engineer’s estimate for the project is $873,706.18.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to award the bid for Project # 0061 & 0062 – 57th Ave NE & 57th Ave NW paving
project to Mariner Construction, Inc. in the amount of $718,688.78. All members voted “AYE”. Motion carried.
Hall reported that the following bids were received for the Special Assessment District #56 Countryside Estate Subdivisions Chip Seal
project:
Asphalt Surface Technologies Corp.
$63,201.70
Bituminous Paving Inc.
$93,375.00
Hall noted the engineer’s estimate for the project is $76,088 and the Special Assessment District (SAD) Petition Estimate was
$95,000.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to award the bid for SAD #56 Countyside Estates Subdivisions Chip Seal project to
Asphalt Surface Technologies Corp. in the amount of $63,201.70. All members voted “AYE”. Motion carried.
Hall reported that since the development of Country Creek Third Subdivision area residents have experienced storm water drainage
problems. Hall stated the drainage problems are numerous and the result of actions by many entities (developers, homeowners,
etc.). Hall continued the proposed development of Country Ridge First & Second Subdivisions (directly up-stream from this area) has
provided a catalyst to find possible solutions for the drainage issues. Hall stated the County Highway Department, Burleigh County
Building, Planning and Zoning Department, Burleigh County Water Resource District, Gibbs Township, Apple Creek Developers,
Commissioners Bitner and Schonert, along with area residents have been working together to come up with both short-term and long
term solutions.
Hall concluded a development agreement has been created by those involved which has been reviewed and approved (as to form) by
the States Attorney. Hall recommended approval of the development agreement to address the drainage issues and allow for the
continued development of the adjacent land (Country Ridge First & Second Subdivisions).
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to authorize the proper County officials to enter into an agreement with Burleigh
County Water Resource District, Gibbs Township, and Apple Creek Developers to address the drainage problems in the Country
Creek Third Subdivision and thereby allow for the continued development of the adjacent land (Country Ridge First & Second
Subdivisions). All members voted “AYE”. Motion carried.
2
Hall then presented proposed changes to the Burleigh County Comprehensive Plan. Hall reported that due to an error by the
Bismarck Tribune the Notice of Public Hearing for the Comprehensive Plan was not published as scheduled. Hall suggested the
public hearing be rescheduled for May 5, 2014.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to change the Public Hearing date to May 5, 2014, 5:00pm, in the Tom Baker
Room, City/County Building. All members present voted “AYE”. Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to accept the suggested changes to the Comprehensive Plan as presented.
Hall suggested the Commission review the proposed changes before taking any action.
Comm. Bitner withdrew his motion with Comm. Schonert concurring.
County Building Official Ziegler appeared and reported that McKenzie Township has requested the department provide building plan
review, issue building permits and provide building inspections for the McKenzie Township / Midwest Builders Project. Ziegler stated
the States Attorney has reviewed the contract.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the building inspection services agreement with McKenzie Township.
Social Services Director Osadchuk and Eligibility Supervisor Lore Clark appeared and presented information regarding the Affordable
Care Act / Medicaid Expansion and how it is affecting the eligibility staff. Clark explained some of the struggles the eligibility staff
have experienced due to a lack of consistency from the ND Dept. of Human Services. No action was taken.
Human Resource Director Terras appeared and presented proposed updates to the County Personnel Policy relating to Holiday Pay.
Terras stated the proposed changes have been reviewed by the county department heads who recommend approval. Terras noted
the proposed changes will be placed on the next Commission meeting agenda for final consideration.
Terras then presented a request of the Sheriff to authorize the hiring of a part-time Administrative Assistant II position for the Sheriff
Department’s 24/7 program. Terras reported the position would assist the 24/7 program due to growth of the program. Terras stated
no additional funds will be needed for the position, as the 24/7 program revenue will fund the position.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to authorize the hiring of a part-time Administrative Assistant II within the Sheriff’s
Department’s to assist with the 24/7 program. All members voted “AYE”. Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to adopt the new Fund Balance Policy and to declare April 13 - 19, 2014 as
National Public Safety Telecommunications Week. All members voted “AYE”. Motion carried.
__________________________
___________________________
MEETING MINUTES
April 7, 2014
5:00PM
The Burleigh County Park Board convened with all members present except Comm. Bement.
Chairman Peluso called the meeting to order with the first item of business the approval of the February 3, 2014, minutes.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the February 3, 2014 meeting minutes as presented. All members
3
Comm. Schonert stated that he reviewed the Park Board bills and recommended approval of the same.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve payment of the County Park Board bills. All members present voted
County Engineer Hall appeared and presented a request from Misty Waters Development for an effluent pipeline easement through
Kniefel Landing property. Hall stated the effluent pipeline would service the Misty Waters Subdivision central sewage system.
The Board expressed concern with the location of the outfall and suggested the easement be moved to the southernmost area of the
park property.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to table this item until the next Park Board meeting and to direct Engineer Hall to
work with the developer regarding the location of the pipeline. All members present voted “AYE. Motion carried.
Scott Schneider, APEX Engineering Group, appeared and presented the bids received for the Kniefel Landing Recreation Area
access and erosion project. Schneider stated bids were received from Bohlman Trenching Services ($81,638.50) and from US
Sitework LLC. Schneider reported the US Sitework LLC bid did not comply with the bid requirement and was thus rejected as an
invalid bid.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to accept the bid of Bohlman Trenching Service in the amount of $81,638.50 for
the 2014 Kniefel Landing Recreation Area Access and Erosion Improvement project. All members present voted “AYE.” Motion
carried.
Auditor/Treasurer Glatt reported that all the ramps are useable except for the Kniefel Landing ramp. Comm. Bitner and Comm. Prchal
will work with the County Highway Dept. to evaluate when the docks should be put in place.
Motion by Comm. Prchal, 2nd by Comm. Schonert, to approve the use of McLean Boat ramp for the 2014 KFYR Radio Tractor Trek
lunch stop. All members present voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to place garbage dumpsters at Kniefel Landing and Kimball Bottoms Boat
Ramps. All members present voted “AYE”. Motion carried.
_______________________
_________________________
4
MEETING MINUTES
March 17, 2014
5:00 P.M.
The Burleigh County Commission convened a regular meeting with all members present except Comm. Bitner.
Chairman Peluso stated he reviewed the bills and recommended approval of the same.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve payment of the bills as presented. All members present voted
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to approve the Gappert, Hart, Agnew, Volk, McCord, Sticka, Riedlinger,
Nemec, Vadnie, Polzin, Frank, Miller, Moser, Schantz, Fetzer, Johnson, Newton, Mock, Farrell, Tanous, Schaaf, Schumacher,
Pearson, SingleTract LLC, Root, Emter, Fischer, and Simon abatements as requested. All members voted “AYE.” Motion carried.
Comm. Bitner appeared.
Dave Patience, Swenson & Hagen Co., appeared regarding a pavement waiver request for
Fernwood 2nd Subdivision. Patience stated Fernwood Dr. is paved to both the north and south of the proposed new subdivision plat.
Patience continued the owner has an existing home on the property and desires to plat her home and a lot for her daughter to build
on, along with an additional lot to help cover the platting expenses. Patience stated he has contacted Hay Creek Township on this
matter but has not received a response.
Engineer Hall encouraged the County Commission to consider feedback from the Hay Creek Township Board before taking any
action.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to table the pavement waiver request until Hay Creek Township has met and
can provide their feedback on the matter. All members voted “AYE.” Motion carried.
Consideration of bids for Magnesium Chloride, consideration of bids for Project No. 0073 – 80th St NE, consideration of bids for microsurfacing of roadways (Wilton Project), and to authorize a call for a Public Hearing on the Burleigh County Comprehensive Plan
changes.
Hall reported bids were received for supplying and applying Magnesium Chloride from Z & S Dust Control and Enviro Tech Services,
Inc. Hall continued that the Enviro Tech Services bid did not meet the bid specifications as they bid calcium chloride instead of the
magnesium chloride. Hall stated he has utilized calcium chloride in Minnesota and would like to experiment on a limited basis with
this product in the drier environment here in Burleigh County.
Motion by Comm. Bitner 2nd by Comm. Armstrong, to accept the bid of Z & S Dust Control for supplying and applying Magnesium
Chloride in the amount of $164,444.90 and to authorize the proper County officials to enter into contracts with said bidder and to
authorize Engineer Hall and Comm. Schonert to experiment with the use of calcium chloride. All members voted “AYE.” Motion
carried.
Hall then reported the following bids were received for the 80th Street paving project: Northern Improvement Company
$2,396,491.85
Central Specialties Inc.
$2,728,694.91
$3,164,677.75
1
Hall noted the engineer’s estimate for the project is $2,181,640.40.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to award the bid for the 80th Street paving project to Northern Improvement Co.
in the amount of $2,396,491.85, and to authorize the proper County officials to enter into a contract with said bidder. All members
Hall reported that the following bids were received for the micro-surfacing of roadways (Wilton Project):
$68,665.95
Mayo
Construction
$94,781.26
Hall noted the engineer’s estimate for the project is $102,550.00.
ASTEC
Motion by Comm. Schonert, 2nd by Comm. Bitner, to award the bid for the micro-surfacing project near Wilton ND to ASTEC in the
amount of $68,665.95, and to authorize the proper County officials to enter into a contract with said bidder. All members voted “AYE”.
Motion carried.
Engineer Hall reported that on March 12, 2014, the County Planning Commission conducted a Public Hearing on proposed changes
to the Burleigh County Comprehensive Plan. Hall stated upon close of the public hearing, the County Planning Commission approved
the changes and forwarded them on to the County Board for review and approval. Hall continued the Comprehensive Plan is
available for public inspection on our web site as well as in the County Planning office. Hall requested the County Commission
schedule and call for a public hearing on the Burleigh County Comprehensive Plan for April 21, 2014.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to call for a public hearing on April 21, 2014, at 5:00pm, to receive input from the
public regarding the Burleigh County Comprehensive Plan. All members voted “AYE”. Motion carried.
Building Official-Director Ziegler appeared regarding a request for a classification of a new position of Code Enforcement Officer
within the Building/Planning/Zoning Department. Ziegler stated funds are budgeted in the Building/Planning/Zoning Dept. under
contracted services to initially provide such services during the department start-up. Ziegler recommended moving those funds to the
salary line item and to hire a permanent employee to provide code enforcement services.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the classification for a new position of Code Enforcement Officer for the
Building/Planning/Zoning Department and to authorize hiring the newly classified position as needed. All members voted “AYE”.
Motion carried.
__________________________
___________________________
2
MEETING MINUTES
March 3, 2014
5:00 P.M.
The Burleigh County Commission convened a regular meeting with all members present except Commissioners Bitner and Woodcox.
Chairman Peluso called the meeting to order with the first item of business the approval of the February minutes and vouchers.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the February meeting minutes as presented. All members present
voted “AYE.” Motion carried
Chairman Peluso stated he reviewed the vouchers and recommended approval of the same.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve payment of the vouchers, journal vouchers, and filing fee reports as
Deputy Auditor\Tax Director Vietmeier appeared and presented abatements for the Board’s consideration, a complete copy of which
is on file and available for inspection in the office of the Burleigh County Auditor\Treasurer.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to approve the Dahl, Bichler, Yeager, Thorlson, Sackman, Keller, Bender,
Vollmers, Frohlich, Ennen, Furman, Mills, Smith, and Metz abatements as requested. All members present voted “AYE.” Motion
carried.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to deny the 2012 and 2013 Dobogai abatements (Disabled Veterans Credit) as
the applicant(s) does not qualify for the additional 30% Disabled Veterans Credit. All members present voted “AYE.” Motion carried.
Finance Director Thompson appeared and presented the following proposed 2013 budget amendments for the Board’s consideration:
2013
FUND
AMENDED
BUDGET
HIGHWAY GAS TAX
6,411,000
BUDGET
CHANGE
7,005,000
594,000
249,000
3,211
75,500
39,379
164,000
49,200
96,500
37,350
32,000
17,000
45,000
22,600
4,600
600
10,400
100
STATE GAS TAX RECEIPTS EXCEEDED BUDGET
COUNTY LIBRARY
245,789
REVENUE COLLECTIONS GREATER THAN BUDGETED
COUNTY PARK
36,121
REPAIRS AND MAINTENANCE EXCEEDED BUDGET
KIMBALL BOTTOM BOAT RAMP
114,800
CAPITAL OUTLAY EXCEEDED BUDGET
KNIEFEL BOAT RAMP
59,150
CAPITAL OUTLAY EXCEEDED BUDGET
SHERIFF DRUG ASSET FORFEITURE
15,000
EXPENSES EXCEEDED BUDGET
SOBRIETY 24/7 PROGRAM
22,400
EXPENSES EXCEEDED BUDGET
ABANDONED CEMETERY
4,000
MAINTENANCE EXCEEDED BUDGET
LINDTEIGENS LANDING PAVING
10,300
1
ADMIN. COSTS EXCEEDED BUDGET
NORTHWOOD ESTATES PAVING
18,700
18,800
100
11,700
100
24,000
200
19,400
100
32,700
200
12,300
100
23,500
100
28,400
100
36,700
100
23,400
100
54,900
300
26,600
100
66,800
450
26,200
520
46,300
500
700
700
1,000
1,000
1,000
1,000
8,136,400
769,210
ABERLE BARBIE PRAIREVIEW
11,600
CIRCLE K
23,800
PRAIREWOOD ESTATES
19,300
ASHWOOD ESTATES I - III
32,500
FOXHAVEN II & IV
12,200
ROLLING MEADOWS
23,400
BROOKFIELD ESTATES
28,300
SHAMROCK ACRES
36,600
HIGHTOP ACRES
23,300
GREEN ACRES
54,600
SPRUCE HILL/ SPRUCE CREEK
26,500
PRAIREWOOD ESTATES 2ND
66,350
PRAIRE PLACE
25,680
PRAIRE PINES PAVING
45,800
SECLUDED ACRES WEST
0
NEW RURAL SPECIAL ASSESSMENT DISTRICT
COUNTRYSIDE ESTATES CHIP SEAL
0
SIBLEY ISLAND/NELSON
0
7,367,190
2
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the 2013 budget amendments as presented and recommended by
Finance Director Thompson. All members present voted “AYE.” Motion carried.
Consideration of bids for gravel crushing, consideration of bids for township gravel hauling, consideration of bids for furnishing
concrete & metal culverts, consideration of bids for painted pavement markings, consideration of bids for construction and surfacing of
turn lanes, and consideration of Biennial/Amended Township Road Mileage Certification.
Hall reported the following bids were received for Crushing of Gravel:
Fisher Sand & Gravel Co.
$4.53 per Cubic Yard
Gravel Products Inc.
Knife River Corp.
24/7 Contracting Services LLC. $9.45 per Cubic Yard
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to accept the low bid from Fisher Sand & Gravel Co. of $4.53 per cubic yard for
crushing of gravel and authorize the proper county officials to enter into a contract with said bidder. All members present voted
Hall reported that the following bids were received for Township Gravel Hauling:
Guthmiller & Son Dirtworks, Inc.
$294,750.00
Knife River Corporation
$733,375.00
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to accept the low bid from Guthmiller & Son Dirtworks, Inc of $294,750 for
Township Gravel Hauling and authorize the proper county officials to enter into a contract with said bidder. All members present
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to accept the bids of Cretex Concrete Products, Inc. for furnishing Concrete
Culverts, and TrueNorth Steel for furnishing metal culverts, to authorize proper county officials to enter into contracts with said
bidders. All members present voted “AYE”. Motion carried.
Hall stated the following bid was received for the county turn lane project: Weisz & Sons Inc. for $394,655.69. Hall noted the
engineer’s estimate for the project is $383,719.42
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to accept the low bid from Weisz & Sons Inc. of $394,655.69 for the turn lane
project and authorize the proper county officials to enter into a contract with said bidder. All members present voted “AYE”. Motion
carried.
Hall reported the following bids were received and opened on February 26, 2014, for painted pavement markings:
J & J Striping
$193,213.00
Swanston Equipment Company
$221,958.10
Traffic Safety Services, Inc.
$234,731.09
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to accept the painted pavement markings low bid from J & J Striping for
$193,213.00 and authorize the proper county officials to enter into contracts with said bidder. All members present voted “AYE”.
Motion carried.
Hall next reported that the Highway Department has been working on the plans and specifications for an overlay/spot reconstruction
project on Centennial Road and 71st Ave NE. Hall stated the project will improve the safety at several locations and improve overall
ride quality of the roadway from the Bismarck city limits to State Highway 83 and requested authorization to advertise for bids for the
project.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to authorize the advertisement of bids for the overlay/spot reconstruction
project for Centennial Road and 71st Ave NE. All members present voted “AYE”. Motion carried.
3
Engineer Hall then presented the biennial township road certification. Hall stated the Highway Department has reviewed the
county/township roadway system and has prepared the required forms for the Chairman’s signature. Hall stated the total roadway
mileage is as follows:
County Roadways:
513 miles
Organized Township Roadways:
809 miles
Un-Organized Township Roadways:
151 miles
Total:
1,473 miles
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve biennial township road certification as presented. All members
Social Services Director Osadchuk appeared and requested authorization to hire an additional Eligibility Worker due to the increase in
Medicaid Expansion cases. Osadchuk stated the Social Service Dept. is in the process of implementing new case management
process to handle Medicaid cases more efficiently with the hope that additional Eligibility Workers will not be needed. Osadchuk
stated depending on how many more new cases are obtained, future additional workers may be needed. Osadchuk stated resources
exist in the Social Service Dept. budget to fund the requested position.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to authorize the Social Service Dept. to hire an additional Eligibility Worker due
to the increase in Medicaid Expansion cases. All members present voted “AYE”. Motion carried.
HR Director Terras appeared regarding the Employee Service Recognition Ceremony. Terras requested Commission approval for
the proposed date of April 29, 2014, in the Tom Baker Room.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to authorize the Human Resource Office to host the 2014 Burleigh County
Employee Service Recognition Lunch and Ceremony on Tuesday, April 29, 2014. All members present voted “AYE”. Motion carried.
Sheriff Heinert appeared and presented a jail update. Heinert stated 786 prisoner nights were spent outside of the county facility in
February, at a cost of $39,582. Heinert noted year to date 1,703 nights have been spent outside the county facility at a total cost of
$87,302. Heinert continued currently 186 people are involved in the 24/7 program on a daily basis and an additional 56 persons on
the drug patch, 71 on the ankle bracelet, and 59 on two-a-day breath tests.
Sheriff Heinert then presented the following proposed ballot language for the “Home Rule Charter” question: “Shall the Home Rule
Charter, as published in the Bismarck Tribune authorizing a temporary one half cent sales and use tax for the purpose of funding the
construction of a Detention Center and renovation of the existing facility with said Home Rule Charter terminating upon payment of
bonds for the project, be approved?”
Chairman Peluso stated that eight (8) different ballot language versions were considered before presenting this language.
Comm. Armstrong stated he cannot support this language as he believed it is too vague and does not specify the final jail cost.
Armstrong stated he also thought voters would be voting on two questions; the Home Rule Charter itself and the temporary one half
cent sales tax.
Comm. Schonert stated he is in support of the language. Schonert added the proposed language explains what the sales tax is for
and that it will terminate.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the language for the Burleigh County Home Rule Charter question
as follows: Shall the Home Rule Charter, as published in the Bismarck Tribune authorizing a temporary one half cent sales and use
tax for the purpose of funding the construction of a Detention Center and renovation of the existing facility with said Home Rule
Charter terminating upon payment of bonds for the project, be approved. “AYE” votes: Schonert, Peluso. “NAY” vote: Armstrong.
Motion carried.
Sheriff Heinert then presented a proposed timeline for the detention center architect to present the “floor plans” and estimated costs
for the proposed Burleigh/Morton County Detention Center. Heinert continued the architectural firms (Venture Architects and UbI
Design Group) proposed the following for initial design presentations:
4

April 21, 2014 - 7:00pm Tom Baker Meeting Room – joint meeting of Burleigh, Morton, Bismarck, and Mandan
Commissions. Sponsored by the Burleigh County Commission.
 April 22, 2014 – 7:30am Location TBD - business leader/owner presentation. Sponsored by the Bismarck Mandan
Chamber of Commerce and Bismarck Mandan Development Association.
 April 22, 2014 – 7:00pm – Seven Seas Hotel & Waterpark Mandan – public presentation sponsored by the Bismarck
Mandan Chamber of Commerce and Bismarck Mandan Development Association.
No action was taken and these dates were approved by consensus.
Auditor/Treasurer Glatt then presented the bids for election supplies and ballot printing. Glatt stated the only bid received was from
the Printers Inc. Glatt noted the bid amounts were the same as the bid for 2012 - 2013.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to accept the election supplies and ballot printing bid from The Printers, Inc.,
and approve the contract for the same. All members present voted “AYE”. Motion carried.
__________________________
___________________________
5
MEETING MINUTES
February 19, 2014
5:00 P.M.
The Burleigh County Commission convened a regular meeting with all members present except Commissioners Armstrong and
Woodcox.
Comm. Bitner stated he reviewed the vouchers and recommended approval of the same.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve payment of the bills as submitted. All members present voted “AYE.”
Motion carried.
Motion by Comm. Bitner, 2nd by Comm. Schonert, to approve the Baumgartner, Skaley, Bachmeier, Goldade, Maier, Butz, Speaks
Revocable Trust, Ruderman, Weimer, Iverson, Lundgren, Learn, Martin, Nelson, Weichel, Unruh, Adolf, Schneider, Schatz, Vetter,
Buchholtz, Weigel, Gunsch, Reynolds, Hansen, Erickson, Vandal, Vance, Enable Inc., Meidinger, Gladem, Held, Volk, Lengenfelder,
Mikkelsen, Botsford, Conoly, Blumhagen, Mund, Harsche, Larson, Wagner, Hoiby, Lachenmeier , Krein, Olsen, Marchand, Schultz,
Haman, Campbell, Boschee, Tosseth, Feist, Johnson, Schalesky, Herman, Hagerott, Pfeiffer, Fidge, Kuntz, Campbell, Herauf,
Seelye, Huber, and Evans abatements as requested. All members present voted “AYE.” Motion carried.
County Engineer Hall appeared with the following items for the Board’s consideration: consideration for approval the detailed plans
and specifications for SAD#56 and to authorize advertisement of bids for leasing of grazing rights on county gravel property.
Hall explained as part of the Special Assessment process detailed plans and specifications must be approved along with authorization
to advertise for bids. Hall presented the detailed plans and specifications for SAD #56 and requested approval of the plans and
authorization to advertise for bids.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the detailed plans and specifications for Special Assessment District
#56 Countryside Estates Subdivisions chip seal project and to authorize the advertisement of bids for the same. All members present
Hall stated on February 14, 2014, the County purchased Section 9, T141N, R76W (Lyman Township) (640 acres) for the gravel
material. Hall stated the intent is to mine out the gravel in 40-acre parcels leaving the remaining parts of the section as pastureland.
Hall continued that when a parcel is not being used for gravel operations it would be leased for grazing.
Motion by Comm. Schonert, 2nd by Comm. Bitner to authorize the advertisement of bids for leasing of surface grazing rights on
Section 9, T141N, R76W (Lyman Township). All members present voted “AYE.” Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the Site Authorization for the Marauder Boosters at the Apple Creek
Country Club and the Special Event Liquor License for the Moffit Bar at the Moffit Hall. All members present voted “AYE.” Motion
carried.
________________________
___________________________
1
MEETING MINUTES
February 3, 2014
5:00 P.M.
Chairman Peluso called the meeting to order with the first item of business the approval of the January minutes and vouchers.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve the January meeting minutes as presented. All members voted “AYE.”
Motion carried.
Comm. Bitner stated he reviewed the vouchers and recommended approval of the same.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve payment of the vouchers, journal vouchers, and filing fee reports as
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the Benkendorf, McRaney, Hanson, Vanderlinden, Feigert, Fischer,
Frankfurth, Just, Steffes, Gast, Wolff, Small, Monson, Honcharenko, Mootz, Keller, Nelson, Schuler, Schluchter, Pirkl, Schaaf,
Mortvedt (2011), Davenport, Chappell, Doll, Harris, and Smith abatements as requested. All members present voted “AYE.” Motion
carried.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to deny the 2012 and 2013 Mortvedt abatements (homestead credit) as the
applicant does not reside on the homestead and is not confined in a nursing home, hospital, or other care facility pursuant to state
law. All members voted “AYE.” Motion carried.
Sean Smith, representing the St. Alexius Medical Center, appeared and explained that St. A’s is requesting a re-issuance
authorization for MIDA Bonds in an amount not to exceed $55 Million. Smith stated the original resolution to approve the issuance of
bonds was adopted by the County Commission on May 6, 2013. Smith continued the original resolution expired if the bonds were not
issued by October 31, 2013. Smith concluded that a new resolution approving the bonds is now required with a deadline of May 6,
2014, for the issuance of the bonds.
Comm. Bitner questioned if the issuing these bonds would have any impact on the bonds that would be issued to fund a new jail.
Auditor/Treasurer Glatt stated that as part of this bond issue, there is an agreement between St. Alexius and Burleigh County have
agreed that if the county issues bonds in an amount less than $10M, (the annual bank qualified bond amount), then St. Alexius will
reimburse the county for an amount equal to the difference in interest rates between bank qualified bank bonds and non-qualified
banks bonds.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to approve and authorize the issuance of bonds by Burleigh County under the
MIDA Bond Act. All members voted “AYE.” Motion carried.
5:07 P.M.
This was the hour and date set for a Joint Public Hearing with the Burleigh County Water Resource District regarding the Burnt Creek
Floodway Maintenance Assessment District.
Chairman Peluso opened the public hearing with the members of the Burleigh County Water Resource District (BCWRD) joining the
County Commission. BCWRD Managers Cary Backstrand, Kathleen Jones, Terry Fleck, Gordon Weixel, and Dennis Reep were
present.
1
BCWRD Manager Kathleen Jones gave introductory comments about the project and then introduced BCWRD Advisory Engineer
Gunsch to explain the history and details of the project.
Michael Gunsch, Houston Engineering and Advisory Engineer for the BCWRD, appeared and presented a brief history of the
floodway. Gunsch stated the Burnt Creek Floodway was constructed by the Soil Conservation Service (NRCS) in 1975 with the
BCWRD as the local project sponsor. Gunsch reported the project provides flood control benefits to agricultural and residential
properties located between the natural Burnt Creek channel and the Missouri River for around four miles south of the floodway with a
small area of agricultural land located immediately north of the floodway also designated in the benefitted area. Gunsch continued
the floodway was designed under a federal grant program with a designated 25-year project life and at the end of this project life, the
NRCS turned over all project responsibilities to the BCWRD. Gunsch stated to date no assessment district has been created to
provide a revenue stream for operation and maintenance of this facility, nor are there any federal funds available, as this project is no
longer a federal obligation.
Gunsch explained that in 2009, major repairs were required to address severe head cutting that was threatening the integrity of the
primary concrete control structure on the floodway. Gunsch noted this project was funded with BCWRD general funds, with cost
share assistance provided by the ND State Water Commission. Gunsch stated the total project costs were over $500,000, with local
costs from BCWRD general funds amounting to around $350,000.
Gunsch explained that there are two parts to this project: repair damages related to the 2011 flood event and remove sediment
accumulation and cattails from the floodway channel east of the drop structure to Highway #1804. Gunsch stated the estimated cost
of the work is $310,000, of which $212,000, after cost share funds, would be repaid through the assessment district. Gunsch
estimated repayment of maintenance costs in eleven (11) years with the maximum allowable assessments as determined by state law
being $4/per acre for agricultural lands and $2/per $500 of taxable valuation on residential and commercial properties.
Gunsch continued that long term, the assessment district could be used to fund future maintenance activities with additional
assessments only occurring if additional costs were incurred to maintain the facilities.
Chairman Peluso called for public testimony on the proposed maintenance assessment district.
Greg Wentz, an area resident, appeared in opposition to the proposed maintenance assessment district
Dave Tschider, representing the Bourgois family, appeared in opposition to the proposed maintenance assessment district. Tschider
noted the Bourgois family owns several large agricultural tracts and they do not benefit from the project. Tschider continued that the
Bourgois family donated land for the project including allowing water to be moved onto the Bourgois property from the project.
Tschider stated the Bourgois family requests their property on the north side of the project be removed from the assessment district
as it receives no benefit.
Trent Wangen, Ponderosa Riverside Subdivision resident, appeared in opposition to the proposed Maintenance Assessment District.
Wangen stated he has lived in the Ponderosa his entire life and does not believe the project provides any benefit.
Elaine Grasl, an area resident living within the proposed maintenance assessment district, appeared and stated she agreed the
maintenance should be done but is concerned with the prospect of future maintenance costs.
Eric Thompson, another resident living in the proposed maintenance assessment district, spoke in favor of the project. Thompson
added there is more and more water coming “down” because of up-stream development.
Dean Sommerfeld, a resident living in the proposed maintenance assessment district,
prospect of future maintenance costs.
appeared and stated he does not like the
Comm. Bitner asked if the Maintenance Assessment district could be changed not to be open-ended.
BCWRD Manager Backstrand stated future boards could dissolve the maintenance district after the bonds are repaid.
As no one else appeared, the following motions were made:
2
Motion by Manager Jones, 2nd by Manager Weixel, to close the public hearing and to authorize the creation of the Burnt Creek
Floodway Maintenance Assessment District. “AYE” votes: Backstrand, Jones, Reep, Weixel, Fleck. “NAY” votes: none. Motion
carried.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to close the public hearing and to authorize the creation of the Burnt Creek
Floodway Maintenance Assessment District. “AYE” votes: Armstrong, Bitner, Schonert, Woodcox, Peluso. “NAY” votes: none.
Motion carried.
County Engineer Hall appeared with the following items for the Board’s consideration: changes to the Dust Control Policy, authorize
the advertisement of bids for dust control, and authorize the advertisement of bids for a micro-surfacing project near Wilton, ND.
County Engineer Hall reported that on November 8, 2012 the County Board approved a Dust Control Policy for the 2013 construction
season. Hall stated in the organized townships requests for dust control were submitted by the township supervisors. Hall stated in
unorganized townships the process of reviewing and approval/denial of a request is unclear. Hall requested the Commissioner
holding the Highway Department portfolio be authorized to approve or deny requests for dust control on unorganized township roads.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve the changes to the Dust Control Policy authorizing the Commissioner
holding the Highway Department portfolio to approve or deny requests for dust control on unorganized township roads. All members
Engineer Hall then requested authorization to advertise for bids for dust control to request bids from contractors to supply material and
to apply chemical treatment to various roadways.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to authorize advertisement of bids for supplying and applying Magnesium Chloride
to various roadways throughout the county. All members voted “AYE.” Motion carried.
Engineer Hall reported McLean County has approached the Burleigh County Highway Department with doing a joint micro-surfacing
project near Wilton. Hall noted this project was not included in the approved 2014 Burleigh County Project Priority List and he
requested that it be added to the list of approved projects.
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to authorize advertisement of bids for the micro surfacing of 1.1 miles of
County roads to the 2014 Burleigh County Project Priority List, and to direct the County Auditor and the County Engineer to work with
McLean County in advertising for bids for the micro-surfacing of 1.1 miles of County roads in the Wilton area. All members voted
Sheriff Heinert appeared and presented a jail update and approval of HIV counseling, testing, and referral contract with the ND
Department of Health. Heinert stated the 2014 total for prisoner nights outside our facility is 917 at a cost of $47,720. Heinert reported
we set several records in January including the 917 nights, total booked into the facility at 598, average daily count of 178 for the
month, and the high inmate count on any given day of 197 (last high was 183 in October 2012). Heinert noted currently there are
172 individuals involved in the 24/7 program on a daily basis with 46 people on the drug patch, 70 people on the ankle bracelet, and
56 on two-a-day breath tests. Heinert stated in 2013 our 24/7 program had 1,738 participants with 21,571 breath tests administered
and 8,658 prisoner days saved using the SCRAM (ankle bracelet) program. Heinert concluded Burleigh County received $58,951 in
revenue from these programs.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the HIV counseling, testing, and referral contract with the ND
Department of Health. All members voted “AYE.” Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the second approach permit request of Brian Masset (Lot 2, Block 1,
Beulah Meadows Subdivision). All members present voted “AYE.” Motion carried.
__________________________
___________________________
3
MEETING MINUTES
February 3, 2014
5:00PM
The Burleigh County Park Board convened with all members present except Comm. Prchal.
Chairman Peluso called the meeting to order with the first item of business the approval of the November 4, 2013 minutes.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve the November 4, 2013 meeting minutes as presented. All members
Comm. Bitner stated that he reviewed the Park Board bills and recommended approval of the same.
Motion by Comm. Bitner, 2nd by Comm. Armstrong, to approve payment of the County Park Board bills. All members present voted
Motion by Comm. Schonert, 2nd by Comm. Bitner, to renew the maintenance agreement with Lee Brown for the maintenance
(cleanup, refuse collection, mowing) for the Steckel, Kniefel, Swenson, Kimball, and McLean park areas at the rate of $3,220/month,
starting on the first day of April, 2014 and ending on the thirty-first day of October, 2014. All members present voted “AYE.” Motion
carried.
________________________
_________________________
4
MEETING MINUTES
January 21, 2013
5:00 P.M.
The Burleigh County Commission convened a regular meeting with all members present except Comm. Bitner.
Comm. Armstrong stated that he reviewed the vouchers and recommended approval of the same.
Motion by Comm. Armstrong, 2nd by Comm. Schonert, to approve payment of the bills as submitted. All members present voted
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the Bosch, Lankford, Pleitner, Olson, Lunn, Fritz, Sadler, Grimm,
Gienger, Skibicki, Schaner, Walther, Fisher, Goehring, Gardner, Keller, Dordahl, Klein, Bosch, Zacher, Wagner, Loebs, Johnson,
Baillie, Krebs, Baumiller, Harper, Haug, Olson (Shirley), Grothier, Huber, Peterson, Dobrzelecki, Meide, Fischer, Bismarck Public
Schools, Giovannoni, Jahner, Bertsch, Brunner, Scheidt, Hayden, Dockter, Radloff, Wachter Development Inc, and Schumacher
abatements as requested. All members present voted “AYE.” Motion carried.
Communications Director Dannenfelzer appeared regarding consideration of a CAD Services and Use Agreement with Morton County
and the City of Mandan. Dannenfelzer stated the Combined Communications User Board has considered and approved the
agreement. Dannenfelzer reported Morton County/City of Mandan would be charged 15% of the central maintenance costs for the
systems based on the number of Morton/Mandan reportable incidents and 100% of the interface development, maintenance, and IT
support. Dannenfelzer noted the concept was approved by the County Commission on December 2nd and recommended formal
approval of the contract.
Motion by Comm. Woodcox 2nd by Comm. Armstrong, to approve the agreement between the Bismarck/Burleigh Combined
Communications Center (BBCCC) and the Morton/Mandan Combined Communications Center (MMCCC) to provide to MMCCC the
use of BBCCC’s computer aided dispatch system for the purpose of dispatching, monitoring and recording emergency and nonemergency law enforcement, fire, and emergency medical services incidents and activities, and other incidents as deemed necessary
by MMCC and permitted as allowable by BBCCC with the amendments for additional training time for staff. All members present
Communications Director Dannenfelzer then presented a plan for funding the replacement of the current 9-1-1 notification system.
Dannenfelzer stated the Bismarck/Burleigh Combined Communications Center has partnered with the State of North Dakota,
Information Technology Department (ITD) to solicit bids for a Next Generation 9-1-1 (NG9-1-1) compliant VoIP 9-1-1 call taking
system to replace the current 9-1-1 system. Dannenfelzer continued the support for the current 9-1-1 system expires during the
summer of 2014 and though still functional, will not transition into the NG9-1-1 services. Dannenfelzer stated the User Board has
agreed to partner with ITD and is requesting approval of the use of the 9-1-1 Enhancement Fund to finance and thus proceed in this
partnership.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to approve the plan to use 9-1-1 Enhancement Funds for implementation of new
VoIP 9-1-1 call taking system in partnership with ITD, with the actual funding amount to be brought back before the Commission for
final approval. All members present voted “AYE.” Motion carried.
HR Director Terras appeared and requested approval of an addendum to the Superintendent of Schools contract with the Bismarck
Public School District. Terras stated the current Reorganization Committee Secretary, Charlotte Knittel, has resigned due to a conflict
of interest. Terras stated a replacement has been found, Shirley Ryberg (Business Manager for the Naughton, Sterling, and
Menoken School Districts), who has agreed to take on the county secretary duties. Compensation was also requested at $62.50 per
meeting.
1
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to approve the addendum to the Superintendent of Schools contract including
compensation for Mrs. Ryberg at a rate of $62.50 per meeting plus expenses. All members present voted “AYE.” Motion carried.
County Engineer Hall appeared and presented the following items for the Board’s consideration: authorize advertisement of bids for
township gravel hauling, authorize advertisement of bids for paving of 57th Ave, authorize advertisement of bids for paving of 80th St,
and approve a purchase agreement for purchase of property for a gravel pit.
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to authorize advertisement of bids for township gravel hauling. All members
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to authorize advertisement of bids for paving of 57th Ave. All members present
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to authorize advertisement of bids for paving of 80th St. All members present
Hall then stated that the booming economy in the area has generated many changes in the highway construction industry. Hall
reported in the last 5 years the royalty cost of gravel has increased from around $0.50 per cubic yard to over $2.00 per cubic yard and
that competition for the material has reduced the number of locations in which we can obtain quality gravel material. Hall continued
that in the fall of 2013 a Lyman Township landowner offered for sale to the county a section of land for the gravel material. Hall noted
extensive prospecting and pit testing has been done on the section and we have determined that the site contains a large amount of
high quality gravel. Hall stated based upon current usage rates this pit could last over 30 years and provide gravel for a large portion
of the east/central part of the County. Hall stated the intent would be to mine out the gravel in 40 acre parcels leaving the remaining
land to be rented as pasture land and once a 40 acre parcel is mined out it would be reclaimed and returned to pasture.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the purchase of Section 9, T141N, R76W (Lyman Township) (640
acres) from William and Kathleen Neideffer for $1,024,000, subject to review of the States Attorney. All members present voted
County Building Official/Director Ziegler appeared regarding the final plat of Feland’s Landing Subdivision. Ziegler noted Feland’s
Landing Subdivision is a three (3) lot, 5.73 acres subdivision. Ziegler noted the County Planning Commission after conducting a
public hearing recommended approval of the final plat. Ziegler added on September 26, 2013, the County Commission approved
two (2) special use permits to move previously occupied structures (single-family dwellings) onto Lot 1, Block 1 and Lot 2, Block 2 of
the proposed subdivision, provided certain conditions were met. Ziegler noted building permits were obtained and foundations were
poured for the permanent placement of the structure (single-family dwelling and accessory buildings) located on Lot 1, Block 2 of the
proposed subdivision. Ziegler continued as the proposed structure on Lot 1, Block 1 is yet to be located within a platted subdivision,
the structure (single-family dwelling) is placed temporarily on the blocks and the foundation will be poured and the permanent
placement of the structure (single-family dwelling) will be complete after the proposed subdivision is recorded.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve the final plat of Feland’s Landing Subdivision. All members present
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to recognize the Driscoll Centennial Organization as an Other Public Spirited
Organization, to approve the raffle permit application of the Driscoll Centennial Organization, and to approve the Gaming Site
Authorization of the Marauder Boosters (U of Mary). All members present voted “AYE.” Motion carried.
________________________
___________________________
2
MEETING MINUTES
January 6, 2014
5:00 P.M.
County Auditor/Treasurer Glatt called the meeting to order and immediately called for nominations for Chairman for 2014.
Comm. Schonert nominated Comm. Peluso for the Chairmanship with Comm. Bitner seconding the nomination. Auditor/Treasurer
Glatt called for further nominations. As there were no further nominations the following motion was made:
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to cease nominations and to cast a unanimous ballot to elect Comm. Peluso as
Chairman. All members voted “AYE.” Motion carried.
Chairman Peluso expressed his appreciation and commendation to Comm. Woodcox for his
the other Commissioners also expressing their appreciation.
hard work and diligence as Chairman in 2013 with
Comm. Peluso assumed the Chair and called for nominations for the Vice-Chair. Comm. Bitner nominated Comm. Schonert as ViceChairman with Comm. Woodcox seconding the nomination. Chairman Peluso called for further nominations. As there were no further
nominations the following motion was made:
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to cease nominations and to cast a unanimous ballot to elect Commissioner
Schonert as Vice-Chairman. All members voted “AYE.” Motion carried.
By consensus, the Commission agreed to retain the same portfolio assignments as in 2013.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve the December meeting minutes as presented. All members voted
Comm. Armstrong reported that he had reviewed the vouchers and recommended approval of the same.
Motion by Comm. Armstrong, 2nd by Comm. Bitner, to approve the December bills and vouchers as presented. All members voted
This was the hour and date set for a PUBLIC HEARING regarding the Missouri Valley Family YMCA MIDA Bond Issuance in an
amount not to exceed $5Million.
Scott Wegner, Arntson Stewart Wegner PC, appeared and explained Missouri Valley Family YMCA is requesting the issuance of
MIDA Bonds by the City of Lincoln on behalf of the Missouri Valley Family YMCA. Wegner added the bonds shall be limited
obligations of the City of Lincoln payable solely from the revenue pledged to the payment thereof, and may be secured by a mortgage
or other encumbrances on the project with no holder of any such bonds shall ever have the right to compel any exercise of the taxing
power of Burleigh County or the City of Lincoln to pay such bonds, or the interest thereon, nor to enforce payment against any
property of Burleigh County. Wegner stated the funds will be used to refinance previous MIDA Bond issues and to do some minor
improvements.
Wegner noted the City of Lincoln will hold a public hearing on the issuance of the MIDA Bonds on January 9, 2014.
As no one present appeared, the following motion was made:
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to approve and authorize the issuance of the Bonds by the City of Lincoln under
the MIDA Bond Act, in one or more series and the use of the proceeds thereof to refinancing the Project and pay the costs of
issuance; such Bonds may be issued on such terms and conditions as the City of Lincoln, the Missouri Valley Family YMCA, and the
1
bond purchasers may deem desirable and without further approval or consent of the Burleigh County Commission. All members
This was the hour and date set to conduct a PUBLIC HEARING regarding the Resolution of Necessity for Special Assessment District
#56 Countryside Estates 1st, 2nd, 3rd, 4th, and 5th Subdivisions requesting the creation of a Special Assessment District for chip sealing
the paved streets within the subdivisions.
County Engineer Hall appeared and briefly explained the proposed Special Assessment District for the paving of roadways noting that
the required 60% of the landowners signed the petition to create the district. Hall noted the estimated assessment for each of the 75
lots to be $1,267 per lot with a total cost of $95,000.
Engineer Hall noted the letter from Terry and Jane Cooper, Lot 1, Block 1, Countryside Estates 5th Subdivision protesting their
proposed assessment as they do not benefit from the chip seal improvement as their only access to this lot is from 17 th Ave NE. Hall
recommended removing Lot 1, Block 1, Countryside Estates 5th Subdivision from the assessment district.
Paul Baker, Countryside Estates 2nd Subdivision, appeared and questioned if the cost figures presented by Engineer Hall included
fixing the potholes and cracks in the roadways.
Hall responded he is working with Gibbs Township to resolve these issues prior to the chip seal application.
As no one else appeared, the following motion was made:
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to close the public hearing regarding the proposed Countryside Estates 1st, 2nd,
3rd, 4th, and 5th Subdivisions SAD#56, and to adopt a resolution determining insufficiency of protests and to direct the engineer to
prepare detailed plans and specifications with the exclusion of Lot 1, Block 1, Countryside Estates 5th Subdivision from the Special
Assessment District. All members voted “AYE.” Motion carried.
This was the hour and date set to conduct a PUBLIC HEARING regarding the Resolution of Necessity for Special Assessment District
#57 Sibley Island Estates and Nelson Subdivisions requesting the creation of a Special Assessment District for the purpose of paving
roadways within the subdivisions.
County Engineer Hall appeared and briefly explained the proposed Special Assessment District for the paving of roadways noting that
the required 60% of the landowners signed the petition to create the district. Hall noted the estimated assessment for each of the 30
lots to be $4,500 per lot with a total cost of $135,000.
Bruce Gaugler, Sibley Island Estates resident, appeared and stated he owns three (3) lots and will thus be assessed three (3)
assessments. Gaugler requested the Commission consider combining two (2) of his lots for special assessment purposes as he feels
they are being treated unfairly if he has to pay for three (3) assessments. Gaugler added there are parcels within the assessment
district that consist of two (2) lots with the owners only being charged for (1) one assessment.
Bob Schlobohm, Sibley Island Estate resident, appeared and requested to have his two (2) lots combined for special assessment
purposes. Schlobohm noted other instances of where lots have been combined.
Engineer Hall explained that the county standard is and has been that assessments are made based upon buildable lots. Hall
continued the petition as submitted and approved by 62% of the landowners of the benefited area stated each buildable lot would be
assessed an equal assessment. Hall noted that lots that have been combined because their small size or because the existing
homes sit on the lot lines and therefore no other homes can be built on either lot.
As no one else appeared, the following motion was made:
2
Motion by Comm. Armstrong, 2nd by Comm. Woodcox, to close the public hearing regarding the proposed Sibley Island Estates and
Nelson Subdivisions SAD#57, and to reject the Resolution of Necessity for Special Assessment District #57 Sibley Island Estates and
Nelson Subdivisions denying the special assessment district for the purpose of paving roadways within the subdivisions. All
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to approve the Blotsky, Dronen, Carvell, Eckroth, McKenzie, Guenther,
Pretzer, Manhattan Homes LLP, Clynch, Deringer, Ellefson, Paul, Lang, Fairbairn, Bitz, Musland, Roehrich, Werner, Klein, City of
Bismarck, Hopfauf, Opp, Pittenger, and John abatements as requested. All members voted “AYE.” Motion carried.
County Engineer Hall appeared and presented the following items for the Board’s consideration: authorize advertisement of bids for
the furnishing of concrete & metal culverts, authorize advertisement of bids for crushing of gravel, consideration of updated minimum
Right-of-Way payment policy for temporary and permanent easements and replacement of fencing, review of 2014 construction
program priorities, and pavement waiver requests from Mark Klein, Doug Goehring, and Jon Dockter.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to authorize the advertisement of bids for painted pavement markings. All
Motion by Comm. Woodcox, 2nd by Comm. Armstrong, to authorize the advertisement of bids for the furnishing of concrete and metal
culverts. All members voted “AYE.” Motion carried.
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to authorize the advertisement of bids for the crushing of gravel at various
locations. All members voted “AYE.” Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Armstrong, to authorize updating the County’s minimum Right-of-Way payment policy for
temporary and permanent easements and replacement of fencing. All members voted “AYE.” Motion carried.
Hall then presented the 2014 highway department construction program priorities noting for 2014 eleven (11) projects have been
identified at a total cost of over $8.97 million in county funds. Hall detailed the following projects as top priorities:
 paving 80th Street from Apple Creek Rd to 71st Ave estimated cost of the six (6) mile project at $1.8 million,
 reconstruction of Lincoln Rd from 52nd St to 66th St estimated cost of $2.2 million,
 paving 57th Ave NE from Washington St to U.S. Highway 83 estimated cost of $300,000,
 overlay of 71st Ave NE and Centennial Rd from U.S. Highway 83 to Greensboro Dr estimated cost of $1.5 million,
 paving 30th Ave and 249th Street NE (McKenzie haul road) estimated cost of $2.2 million,
 construction of 57th Ave from Washington St to 15th St NW (paving and grading) estimated cost of $300,000,
 construction of 26th St from 43rd Ave to 71st Ave estimated cost of $150,000,
 construction of Princeton Ave and Empire Dr within Imperial Valley Subdivision estimated cost to Lincoln Township $40,000.
Hall also presented mid-range projects that should be considered in the next 2 - 7 years and long-range projects looking out 7 - 30
years.
Upon question, Hall noted that one of the 2014 priorities is to bid out gravel hauling for township roads and to complete $50,000 in
Federal Emergency Management flood projects for townships in response to recent criticism from the Township Officers Association.
Motion by Comm. Schonert, 2nd by Comm. Woodcox, to adopt the 2014 Burleigh County Project Priority List as submitted. All
Hall then presented the following pavement waiver requests:
3
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to deny the waiver request of Mark Klein not to pave 5th Ave NE or 119th St SE
along with approval of a public road to service the proposed subdivision. “AYE” votes: Schonert, Woodcox, Peluso. “NAY” votes:
Armstrong, Bitner. Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the waiver request of Doug Goehring not to pave 110th Ave NW or 15th
St NW. All members voted “AYE.” Motion carried.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the waiver request of Jon Dockter not to pave 136th Ave NE, 26 St NE,
or 41st St NE. All members voted “AYE.” Motion carried.
HR Director Terras appeared regarding consideration of a variance to Personnel Policy Chapter 4, Section 5: Annual leave to allow
Jail Nurse Supervisor to accrue annual leave at 10 hours per month.
Motion by Comm. Bitner, 2nd by Comm. Woodcox, to approve a variance to Personnel Policy Chapter 4, Section 5: Annual leave to
allow Tara Canright to accrue at 10 hours per month instead of 8. All members voted “AYE.” Motion carried.
Sheriff Heinert appeared and presented a jail update. Heinert stated that 863 prisoner nights were spent outside of the Burleigh County facility in
December at a cost of $45,058. Heinert noted this brings the yearly total to 7,183 nights outside of the facility at a total cost of $371,337 (housing
costs only, does not include transport costs). Heinert stated inmates have been housed outside the jail every night since October 2011. Heinert
concluded that the daily averages for inmate populations in the Burleigh County Detention Center were 169 in 2013, 155 in 2012, 131 in 2011,
and 125 in 2010.
The Commission then considered appointments to the following auxiliary boards: Region VII Human Service Council (one - 2 year term) and the
Burleigh County Weed Board (one - 4 year term).
Motion by Comm. Woodcox, 2nd by Comm. Bitner, to re-appoint Greg Bailey to a four (4) year term on the Burleigh County Burleigh County
Weed Board effective 1/1/14. All members voted “AYE.” Motion carried.
The Board delayed appointments to the Burleigh County Region VII Human Services Council.
Motion by Comm. Schonert, 2nd by Comm. Bitner, to approve the designation of the public depositories and approval of the security pledges; to
authorize the County Auditor/Treasurer to make payment upon demand for all invoices and claims for utility services, gas, fuel, and oil pursuant
to the adopted bill payment policy; to approve the Lost Instrument Surety Bond to replace lost check #92811 ($525); and to approve the Bingo
Permit of the Sterling Lions Club. All members voted “AYE.” Motion carried.
County Extension Agent Palczewski appeared and requested authorization to fill the vacant Family Consumer Science Extension agent position.
Motion by Comm. Woodcox, 2nd by Comm. Schonert, to authorize replacement of the vacant Family Consumer Science Extension agent position
in the Burleigh County Extension office. All members voted “AYE.” Motion carried.
Comm. Bitner reported that an application to remove property from the Apple Creek School District and annex the same property to the Bismarck
Public School District has been filed and due to a potential conflict of interest, special arrangements need to be made which may require
compensation. Bitner noted this additional compensation was not budgeted. Bitner stated he will provide more information later.
________________________
___________________________
James D. Peluso, Chairman
4

Minutes 2014 - Burleigh County

Transcription

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