Ray Ziegler, Building Official/Director appeared and stated the Burleigh County Planning Commission has approved both subdivisions.

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1 BURLEIGH COUNTY COMMISSION MEETING MINUTES December 15, :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, 2 nd 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, 2 nd 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 & 66 th 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, 2 nd 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 1 st and 2 nd Subdivisions. Hall stated that as a result of construction delays in 2013 & 2014, the developer of Country Ridge 1 st and 2 nd 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 1 st Subdivision: 1. Obtain plan approval for 84 th 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 2 nd 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. 1

2 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, 2 nd 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 52 nd 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, 2 nd 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 57 th Ave NW, appeared and requested the cancellation of outstanding special assessments on the properties adjacent to 57 th Ave NW and refunds for landowners who paid their specials early. Lembke stated the 2006 special assessment road project on 57 th Ave NW was replaced by a wider paved road this summer. Lembke stated the landowners along 57 th 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 57 th 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, 2 nd 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, 2 nd 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, 2 nd 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, 2 nd 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. 2

3 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, 2 nd by Comm. Bitner, to re-appoint Helen Schatz to the Dakota Prairie RDC. All members voted AYE. Motion carried. Motion by Comm. Bitner, 2 nd 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, 2 nd by Comm. Woodcox, to approve the membership of the Local Emergency Planning Committee. All members voted AYE. Motion carried. Senger then presented the renewal of the Joint Powers Agreement for Provision of Emergency Management Services with Emmons County. Motion by Comm. Bitner, 2 nd 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, 2 nd 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 3

4 BURLEIGH COUNTY COMMISSION MEETING MINUTES December 1, :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, 2 nd 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, 2 nd by Comm. Schonert, to approve the monthly vouchers, journal vouchers, and filing fee reports 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, 2 nd 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, 2 nd 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, 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. 1 Woodcox suggested combining the

5 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 Burleigh County Auditor/Treasurer Jim Peluso, Chairman 2

6 BURLEIGH COUNTY COMMISSION MEETING MINUTES November 17, :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, 2 nd 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, 2 nd 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. 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, 2 nd 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 66 th 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, 2 nd 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, 2 nd by Comm. Schonert, to approve the raffle permit for the University of Mary Athletics Department. All members voted AYE. Motion carried. 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. 1

7 Motion by Comm. Bitner, 2 nd 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, 2 nd 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. On a motion made seconded and carried the Board adjourned. Kevin J. Glatt Burleigh County Auditor/Treasurer Jim Peluso, Chairman 2

8 BURLEIGH COUNTY COMMISSION MEETING MINUTES November 6, :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 voted AYE. Motion carried. Comm. Armstrong reported that he reviewed the vouchers and recommended approval of the same. Motion by Comm. Armstrong, 2 nd 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. 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. 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, 2 nd 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, 2 nd 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 1

9 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, 2 nd 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, 2 nd by Comm. Armstrong, to approve the 2015 Commission Meeting schedule as presented. All members present voted AYE. Motion carried. 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. On a motion made seconded and carried the Board adjourned. Kevin J. Glatt Burleigh County Auditor/Treasurer Jim Peluso, Chairman 2

10 BURLEIGH COUNTY PARK BOARD MEETING MINUTES November 6, :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 voted AYE. Motion carried. 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 AYE. Motion carried. 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, 2 nd 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, 2 nd 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 Jim Peluso, Chairman 3

11 BURLEIGH COUNTY COMMISSION MEETING MINUTES October 20, :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, 2 nd 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, 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, 2 nd 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, 2 nd 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, 2 nd 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, 2 nd 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. 1

12 Motion by Comm. Schonert, 2 nd 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, 2 nd 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, 2 nd by Comm. Schonert to authorize the County Auditor and County Engineer to advertise for the sale of the old motor grader, Unit # 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 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, 2 nd 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, 2 nd 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 # (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 members present voted AYE. Motion carried. 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. Kevin J. Glatt, Auditor/Treasurer Jim Peluso, Chairman 2

13 BURLEIGH COUNTY COMMISSION MEETING MINUTES October 8, :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 AYE. Motion carried. 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 presented. All members present voted AYE. Motion carried. 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, 2 nd 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, 2 nd 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, 2 nd 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, 2 nd 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, 2 nd 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, 2 nd 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 # ). All members present voted AYE. Motion carried. Motion by Comm. Bitner, 2 nd 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 Menoken Townsite. Ziegler stated the requested action would be to call for a public hearing on the request. Motion by Comm. Armstrong, 2 nd by Comm. Woodcox, to authorize the call for public hearing for the vacation of the streets, avenues and 1

14 alleys within Blocks 7-10 and Menoken Townsite. All members present voted AYE. Motion carried. Motion by Comm. Bitner, 2 nd by Comm. Woodcox, to consider the zoning change and final plat of Goehring Subdivision which was tabled on April 21, 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 2 nd approach permit request of Mike Radke (Lot 10, Block 2) The Ranch Subdivision. All members present voted AYE. Motion carried. Motion by Comm. Woodcox, 2 nd 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, 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, 2 nd by Comm. Armstrong, to reduce the Burleigh County Water Resource District levy from 2 mills to 1.5 mills. All members present voted AYE. Motion carried. 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, 2 nd 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, 2 nd 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

15 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, 2 nd by Comm. Bitner, to remove the Environmental Health Practitioner from the Building/Zoning Dept 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, 2 nd 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, 2 nd 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, 2 nd 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. Vote on motion: AYE votes: Bitner, Woodcox, Schonert. NAY vote: Armstrong. Absent: Peluso. Motion carried. 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, 2 nd 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. Vote on motion: AYE votes: Bitner, Woodcox, Schonert. NAY vote: Armstrong. Absent: Peluso. Motion carried. Motion by Comm. Woodcox, 2 nd by Comm. Bitner to approve the contract with the Centre, Inc., for Community Service & Misdemeanor Probation services funding (part of Detention Center budget). Vote on motion: AYE votes: Bitner, Woodcox, Schonert. NAY vote: Armstrong. Absent: Peluso. Motion carried. 3

16 Motion by Comm. Woodcox, 2 nd 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). Vote on motion: AYE votes: Bitner, Woodcox, Schonert. NAY vote: Armstrong. Absent: Peluso. Motion carried. 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, 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 ,456 States Attorney... 1,364,274 Juvenile Court ,000 County Recorder ,870 Courthouse, Buildings & Grounds ,509 Utilities ,000 Printing, Publishing and Supplies... 29,000 Elections ,000 Telephone and Postage ,000 Examination Fee... 16,000 Human Resources... 1,745,996 County Sheriff... 6,400,159 County Detention Center... 3,283,598 Communication Center ,727 Emergency Management ,151 Ambulance Services... 1,500 Public Administrator... 45,200 Property Insurance... 9,000 Police Youth Bureau... 57,279 Public Health Nurse ,425 County Planning ,809 Health Board... 2,250 Superintendent of Schools... 67,000 Technology ,000 4

17 Transfer Out ,000 GENERAL FUND BUDGET... $16,870,149 Appropriation for General Government $16,870,149 Plus: Delinquent Taxes & Interim Fund 7,018,200 Less: Resources (15,034,049) Balance to be levied (22.75 Mills) $8,854,300 Appropriation for Unorganized Townships 672,000 Plus: Delinquent Taxes 23,815 Less: Resources (219,515) Balance to be levied 476,300 Appropriation for County Road & Bridge 11,929,517 Plus: Delinquent Taxes & Interim Fund 9,415 Less: Resources (11,841,632) Balance to be levied (.25 Mill) 97,300 Appropriation for Highway Tax Distribution 7,162,000 Less: Resources (7,162,000) Balance to be levied Appropriation for Special Road & Bridge (Unorganized Twps.) 295,000 Less: Resources (295,000) Balance to be levied Appropriation for Social Welfare 8,287,297 Plus: Delinquent Taxes & Interim Fund 2,332,171 Less: Resources (5,412,533) Balance to be levied (13.38 Mills) 5,206,935 Appropriation for County Poor 1,233,387 Less: Resources (1,233,387) Balance to be levied Appropriation for Job Development 100,000 Plus: Delinquent Taxes 4,348 Less: Resources (17,393) Balance to be levied (.22 Mill) 86,955 Appropriation for Library 308,500 Plus: Delinquent Taxes 12,905 Less: Resources (63,300) Balance to be levied (2.61 Mills) 258,105 Appropriation for Liability Insurance 201,000 Plus: Delinquent Taxes & Interim Fund 58,691 Less: Resources ( 90,865) Balance to be levied (.43 Mill) Appropriation for Special Assessments 30,000 Plus: Delinquent Taxes & Interim Fund 5,330 Less: Resources (35,330) 5 168,826

18 Balance to be levied Appropriation for Senior Citizens 633,292 Plus: Delinquent Taxes & Interim Fund 447,336 Less: Resources (691,428) Balance to be levied (1.00 Mill) 389,200 Appropriation for Detention Commissary 35,000 Less: Resources (35,000) Balance to be levied Appropriation for Sobriety 24/7 Program 66,000 Less: Resources (66,000) Balance to be levied Appropriation for Communication Center 2,473,000 Less: Resources (2,473,000) Balance to be levied Appropriation for Victim/Witness Assistance 208,095 Less: Resources (208,095) Balance to be levied Appropriation for Emergency Fund 1,336,000 Less: Resources (1,336,000) Balance to be levied Appropriation for Veterans Service 299,365 Plus: Delinquent Taxes & Interim Fund 88,338 Less: Resources (117,759) Balance to be levied (.69 Mill) 269,944 Appropriation for Provident Life Bldg. 503,588 Less: Resources (503,588) Balance to be levied Appropriation for Social Security 1,008,560 Plus: Delinquent Taxes & Interim Fund 284,974 Less: Resources (636,845) Balance to be levied (1.69 Mills) 656,689 Appropriation for Advertising 74,491 Plus: Delinquent Taxes & Interim Fund 22,113 Less: Resources (26,797) Balance to be levied (.18 Mill) 69,807 Appropriation for County Agent 427,640 Plus: Delinquent Taxes & Interim Fund 123,364 Less: Resources (221,920) Balance to be levied (.85 Mill) 329,084 Appropriation for Comprehensive Health Insurance 1,537,085 Plus: Delinquent Taxes & Interim Fund 458,225 6

19 Less: Resources (516,226) Balance to be levied (3.80 Mills) 1,479,084 Appropriation for Weed Board 338,339 Plus: Delinquent Taxes & Interim Fund 230,137 Less: Resources (370,476) Balance to be levied (2.00 Mills) 198,000 Appropriation for Water Resource District 959,500 Plus: Delinquent Taxes 29,190 Less: Resources (404,890) Balance to be levied (1.50 Mills) 583,800 7

20 Appropriation for County Park 157,121 Plus: Delinquent Taxes & Interim Fund 386,490 Less: Resources (498,461) Balance to be levied (.50 Mill) 45,150 Appropriation for County Fair 3,133,000 Less: Resources (3,133,000) Balance to be levied Appropriation for County Jail Maintenance and Construction 40,000,000 Plus: Delinquent Taxes 9,730 Less: Resources (39,815,130) Balance to be levied (.50 Mill) 194,600 Appropriation for County Parks and Recreational Areas 182,966 Plus: Delinquent Taxes 7,255 Less: Resources (45,121) Balance to be levied (.50 Mill) 145,100 Appropriation for Parking 48,000 Less: Resources (48,000) Balance to be levied Appropriation for Abandoned Cemeteries 5,000 Less: Resources (5,000) Balance to be levied Appropriation for Preservation Fund 83,500 Less: Resources (83,500) Balance to be levied Appropriation for Sheriff Drug Asset Forfeiture Fund 28,000 Less: Resources (28,000) Balance to be levied Appropriation for States Attorney Forfeiture Fund 7,000 Less: Resources (7,000) Balance to be levied Appropriation for Hazardous Chemicals 5,000 Less: Resources (5,000) Balance to be levied - 0-8

21 Appropriation for Rural Special Assessments 643,800 Less: Resources (643,800) Balance to be levied Appropriation for Sales Tax 8,000,000 Less: Resources (8,000,000) Balance to be levied -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 5 th 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 Jim Peluso, Chairman Burleigh County Auditor/Treasurer Kevin J. Glatt 9

22 BURLEIGH COUNTY COMMISSION MEETING MINUTES SEPTEMBER 25, :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, 2 nd 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, 2 nd 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 2 nd 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 66 th St. intersection; and consideration of addition of certain roadways to the Burleigh County Highway System. Motion by Comm. Schonert, 2 nd by Comm. Bitner, to accept the dedicated right-of-way for and within the final plat of Huber 2 nd 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, 2 nd 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) 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 Motion by Comm. Schonert, 2 nd by Comm. Bitner, to authorize the County Engineer to seek approval of the MPO in supporting 1