October 1, 2009
The Williams County Commission met in special session this 1st day of October 2009 beginning at 8:07 AM to award bids for the NW Youth Assessment Center for general contractor, mechanical, and electrical.
Chairman Kalil called the meeting to order. Innis took roll call of: Schmidt-here, Arnson-conference call, Hanson-here, and Montgomery-here.
Media present was Nick Smith, Williston Herald.
Bid tabulation was as follows: Contractor Addenda General Mechanical Alt #1 Electrical 1 2 3 Tooz Construction x x x $550,000.00 Wickum Construction x x x $594,848.00 Wanzek Construction x x x $589,000.00 Ebenal General Inc. x x x $490,000.00 Selid Plumbing/Heating x x x $114,070.00 Add $20,350.00 Plus $6,050.00 for DDC Controls Ebel Integrators x x x Add $38,417.00 $24,487.00 For convention framing Triangle Electric x x x $18,500.00
None of the General contractors chose to do the conventional stick building, but went through Dynamic Homes for a modular unit. Morrau has some questions on the bid received from Selid on his mechanical bid. It appears that maybe he bid conventional building versus modular unit. The time frame will be a completion date of December 1, 2009 with the contract portion. Montgomery questioned and stated that there will be no change orders on this project. The low voltage system will be a separate component through the County but Morrau will coordinate it for the County and make a recommendation.
Montgomery moved Hanson seconded to approve General Contractor award of contract and notice to proceed for Ebenal General Incorporated in the amount of $490,000.00; to approve Electrical Construction ward of contract and notice to proceed for Triangle electric in the amount of 418,500.00; and to evaluate for further action Mechanical Construction award of contract. Roll call vote: Schmidt-yes, Arnson-yes, Hanson-yes, Montgomery-yes, and Kalil-yes. Motion carried.
Schmidt moved Montgomery seconded to table any action on the Mechanical Construction award of contract until Tuesday, October 6th meeting. Motion carried.
There being no further business, the meeting recessed until October 6th 2009.
October 6, 2009
The Williams County Commission reconvened this 6th day of October 2009 beginning at 8:00 AM in the Commissioners Room of the Williams County Courthouse.
Chairman Kalil called the meeting to order. Innis took roll call of: Schmidt-here, Arnson-here, Hanson-here, and Montgomery.
Media present was Nick Smith, Williston Herald.
Hanson moved Montgomery seconded approval of the September 1st and 10th minutes. Motion carried.
Chairman Kalil opened the public hearing for the Preliminary 2010 Williams County Budget/Levy. Innis reviewed the budget for those in attendance. There being no comments for or against the Preliminary 2010 Williams County Budget/Levy, Chairman Kalil closed the hearing. Schmidt moved Arnson seconded approval of the Preliminary/Final 2010 Williams County Budget/Levy. Roll call vote: Schmidt-yes, Arnson-yes, Hanson-yes, Montgomery-yes, and Kalil-yes. Motion carried. (Complete copy on file in Auditor’s Office)
Chairman Kalil read the letter of resignation that Innis received from Commissioner Raymond Schmidt. His resignation is effective November 2nd 2009, which leaves close to a year of an unexpired term. Commissioner Schmidt stated that if it weren’t for the dedication of the County employees and Elected Officials Williams County would not be one of the most outstanding counties in North Dakota. The Commission thanked him for his expertise and experience. According to the NDCC 44-02-05 that when a vacancy arises the other four Commissioners and a District Court Judge immediately shall appoint some suitable person to fill the vacancy from the district in which the vacancy occurred. If a majority of the committee fails to agree upon a person to fill the vacancy then the County Treasurer or another elective county officer must be called in and shall act as an additional member of the Board to fill the vacancy and the appointee shall run for election in 2010. In November the Board will sit down and select a Judge and review the process. Montgomery moved Hanson seconded to accept the resignation letter from Commissioner Raymond Schmidt with deep regret and honor and to abide by the NDCC to find a replacement. Motion carried.
Meiers reported that on Wednesday October 14th is the Theodore Roosevelt Expressway annual meeting to be held at the El Rancho beginning at 11:00 AM. Meiers stated that the plan is 65% completed and reminded the Board that Williams County is the sponsoring entity pass through for the project.
The next item Meiers brought up was the Special Road Funds and he is suggesting pavement for the parking lots at the Tioga Farm Festival, Ray Grain Palace, and Upper Missouri Valley Fairgrounds, but the only problem would be as to who would come up with the 40% cost share. Schmidt moved Montgomery seconded instructing Innis to send out letters to these entities to see if they want to pursue these funds. Motion carried.
Loomer presented a letter from Nick Tippmann, Tippmann Development LLC stating that he is not going to record the Rocky Point subdivision plans and plat as they have run into several problems with the land that make it impossible to safely and effectively subdivide. Loomer reported that a pipeline runs through the property that was not disclosed to him before he purchased the property. He has a $120,000.00 letter of credit that needs to be canceled. Loomer is not sure if the Township will be maintaining the portion of road that was been constructed that goes no where. Schmidt moved Arnson seconded instructing Innis to write a letter to his financial institution to release the line of credit. Motion carried.
Schmidt moved Hanson seconded authorizing the chairman to sign the plat of Marvin Iverson Estate etal of Sublot #2 in the SW ¼ NW ¼ Section 1 T155N R96W, Farmvale Township pending corrections. Motion carried.
Montgomery moved Hanson seconded authorizing the Chairman to sign the plat of Craig & Arlinda Metcalf/Marilyn Olson of Sublot No 3 located in the SW ¼ of the SW ¼ of the SW ¼ Section 22 T154N R102W, Judson Township and the appeal for the lot size. Motion carried.
Arnson moved Schmidt seconded authorizing the Chairman to sign the plat of M & K Hotshot/Patrick Wagner of Sublot No 14 located in the N ½ of the SW ¼ of the NW ¼ Section 21 T154N R101W, Williston Township. Motion carried.
Lew Prestidge, The Western Company of Texas, present to discuss the above ground pipeline heading down 1804 which carried water to oilfield sites to be used for fracturing wells. Discussion was held as to whether the County can allow any other entity to use our easements other than what the intended of the original easement was for and Nelson reported that he thinks that Prestidge will have to get permission from the landowners to use their property to run the pipeline in. Wilder also concurred that permission/easements must be obtained from the landowner and the County’s easements are for only that specific purpose they obtained them for such as transportation needs. Prestidge stated that this is only a temporary pipeline and he will personally speak with each landowner.
Gooch-Egge presented abatements for approval. Arnson moved Hanson seconded approval of the Homestead Credit abatements for Roger Garman 2009 of L5 B24 Westlawn 2nd Addition to the City of Williston; Charles F Berg 2007of L2 B3 Barnfather Addition to the City of Williston; and Kevin Fougner 2009 of Blacktail Dam Subdivision L140 B5 Blacktail Township. Motion carried.
Schmidt moved Montgomery seconded approval of the abatement for Dan Sargent 2009 of L10 B7 Westlawn Addition to the City of Williston. Motion carried.
Montgomery moved Hanson seconded approval of the abatement for Tyler J Thompson 2009 of N1/2 of L8 B17 Bruegger Amended to the City of Williston. Motion carried.
Schmidt moved Arnson seconded approval of the assessor’s errors of MW&W LLC Madison Ridge Subdivision Ag land value carried down; Betty Bergstrom Bergstrom 2nd Subdivision Ag acreage keyed incorrectly; Harold Sundhagen Tioga Township mixing plant taken off parcel; and William Kulczyk Tioga Township mixing plant added to parcel. Motion carried.
Gooch-Egge reported that Hallesy helped her office though grants to obtain radios and they will only cost her office $300.00.
Gooch-Egge presented the New Residence Exemption limitations imposed by the City of Williston and the City of Tioga adopted them also at their meeting last night. Discussion was held as to whether the County has ever had this exemption before and they never have. Schmidt moved Montgomery seconded to retain the current policy we presently have, which is no New Residence Exemptions. Motion carried.
Nelson reported that MDU wants to put a guide post on our easement (73-74 feet) on the other side of County #4 to act as an anchor, but not only does the County have to give permission but so does the landowner. Schmidt moved Montgomery seconded to giver permission to MDU with concurrence of the landowner. Motion carried.
Arnson moved Montgomery seconded authorizing Nelson to advertise for bid to replace the survey van or sign pickup. Motion carried. The old sign pickup will be taken to Blacktail Dam and the old one there will be re-cycled.
Evenson received an email from Kurt Van Kuller to inquire if the County is interested in buying back some of their bonds from the bond issue for the new Law Enforcement Center. Montgomery moved Schmidt seconded to table this issue and have Evenson check with Mike Manstrom, bond attorney Brian Neugebauer, and States Attorney Wilder. Motion carried.
Evenson reported that she has been short staffed with 2 employees on medical leave and they have been putting in extra time. The month of September was the biggest month of recording documents. She is going to put more work stations in after the first of the year. Her new employee has started.
Askim reported on working on a pandemic planning policy due to the H1N1 and regular flu seasons this year. She will work with departments and then bring to the Commission for approval.
Askim reported on the salary changes for the IT Department, Treasurer’s Chief Deputy, and Facilities Supervisor. Montgomery moved Arnson seconded effective September 1, 2009 the salary adjustment for the Facilities Supervisor of $4,064.25 a month. Motion carried.
Schmidt moved Hanson seconded effective August 15, 2009 increase of $100.00 per month for the Chief Deputy Treasurer due to the added County Superintendent of Schools duties. Motion carried.
Schmidt moved Hanson seconded approval of the job re-classifications for the IT Department and salary changes effective July 1, 2009. Motion carried.
Busching discussed the proposals received from Western Cooperative and First International Bank of getting an ATM in the atrium of the new LEC for usage by the general public and posting bonds. The Commission authorized Parkinson, Innis, and Busching to look into it and make a decision.
Hallesy sated that he needed the Commissioners to adjust the dates of the Severe Winter Weather Awareness Week to run concurrent with the National Weather Services which is November 2-6 for advertising and awareness purposes. Arnson moved Montgomery seconded to adjust the days of the Severe Winter Weather Awareness Week to run concurrent with the National Weather Service dates. Motion carried.
Hallesy reported that he has ordered the necessary items for the LGR Tower and is still working on grant dollars to pay for the costs.
Hallesy reported that he spoke with Daryl Beard concerning the re-addressing of his subdivision and Beard is wondering where the guidelines are that make this change necessary. Hallesy will be working on a set of guidelines.
Hallesy discussed the generator at the old LEC as to the size, number of hours, date purchased for the record.
Pederson discussed the sewer gas problems within the Courthouse and he believes that he has a solution to the problem. The heat will be on in the Courthouse as soon as the pipes in the boiler are treated.
Montgomery moved Hanson seconded that the 2009 Tax Foreclosure Properties for Assessment are assessed properly for the tax sale. Motion carried.
Schmidt moved Montgomery seconded that the tax foreclosure properties occupied that Williams County now owns will be assessed rent effective October 2 to November 2 and prorated for the remainder of November as follows the 2 houses will be assessed $500.00 per month and the commercial business $1,000.00 per month. Motion carried.
Montgomery moved Hanson seconded authorizing the Chairman to sign the Traffic Safety Contract 2010 PHSP 4101003 01 41. Motion carried.
Montgomery moved Hanson seconded authorizing the Chairman to sign the deed of Lot R-11 of Rearrangement of Lots 12, 13, 17, and 18 in Block 1 and West 30’of Lot 12 Block 3 of Hi-Land Heights 1st Subdivision in Williams County North Dakota which will clear up any title defects to said property. Motion carried.
Arnson moved Hanson seconded to table any action on the oil/gas lease from Brigham Land Management. Motion carried.
Schmidt moved Hanson seconded not to endorse the resolution received from Southeast County Commissioners Association. Motion carried.
Schmidt moved Hanson seconded acceptance of the Auditor’s monthly reports. Motion carried.
Schmidt moved Montgomery seconded approval of the fund adjustments, bills properly vouchered can be paid and they will review the expenditure list of bills at the November meeting as this is the only meeting in October, and fees from the various departments of Sheriff-$25,050.29, Clerk of Court-$2,094.78, Auditor-$1,135.00, States Attorney-$133.45, and Treasurer/Recorder-$44,832.90 totaling $73,246.42. Motion carried.
Jeff Morrau present with the revised mechanical bid from Selid Heating/Plumbing which came in at approximately $80,000.00. Montgomery moved Schmidt seconded to approve the mechanical construction award of contract and notice to proceed for Selid Incorporated in the amount of approximately $80,000.00. Motion carried.
Morrau stated that he is still reviewing the low voltage system bids as there is some vagueness in the bid from All Guard. Montgomery moved Hanson seconded to set up a building committee consisting of Arnson, Kalil, and Hughes to come up with a conclusion and decision on the low voltage system. Motion carried.
Discussion was held on the performance and payment bond requirement for Ebenal Construction, but all is good to go with Ebenal Construction for the project.
Commissioners Arnson, Hanson, Montgomery, and Kalil will be attending the NDACo conference October 11-14 in Bismarck at the Ramkota Inn.
There being no further business the meeting adjourned at 10:02 AM.
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