A PUBLICATION OF THE NORTH DAKOTA LEAGUE OF CITIES STRONG. DYNAMIC. CITIES.
AUGUST 2020
See Pages 7-9
September 24-25, 2020 • Virtual Event
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2 CITYScan | August 2020 FEATURED IN THIS ISSUE
From the NDLC Executive Director ...... 3 City Government – It’s a Team Sport ...... 14
From the NDLC President...... 4 Training at Your Fingertips...... 16
Why Your City Should Participate in Annual Conference?...... 6 Dakota Gas’ First Beverage-grade CO2 Sale Shipped...... 17
Annual Conference has gone virtual ...... 7 Human Resources Corner...... 18
Annual Conference Agenda...... 7-9 Island Life for your Trees! ...... 19
Annual Conference Registration ...... 10 Changing Purchasing Needs in the New Workplace...... 20
Who we are and What we do for our Members...... 11 City Government Basics ...... 22
Opportunity for LTP Credits...... 12 Leagues’ Random Drug and Alcohol Testing Program...... 24
Tips and Tricks for More Productive Meetings...... 12 Newly Elected Officials Training Sessions Available...... 25
Benefits of Joining AARP’s Network of Age-Friendly Communities. .13 North Dakota Cares Community Program...... 25
IN EACH ISSUE Ask NDLC ...... 29 CITYBeat ...... 26 Community Calendar...... 30 Hometown, Homegrown...... 26 Webinars...... 31 Attorney General Opinion...... 27 2020 Municipal Calendar...... 32 NDLC’s Auditor’s Certification Program ...... 28 Bulletin Notes...... Inside Back Cover
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Ackerman-Estvold...... 4 Lewis & Clark Development Group ...... 27 AE2S...... 18 Moore Engineering...... Inside Front Cover AE2S Nexus...... 30 NDIRF ...... 16 Black Mountain Software...... 26 Ohnstad Twichell, P.C...... 5 Bolton & Menk...... Inside Back Cover Rath & Mehrer...... 24 Brosz Engineering...... 1 SEH ...... 31 Dougherty & Company...... Outside Back Cover Starion Bond Services ...... 21 GovCard...... 28 H&H Coating’s, Inc...... 32 T&R Electric ...... 17 Houston Engineering, Inc...... 29 WIDSETH ...... 20 Interstate Engineering...... 14 Wold Engineering PC ...... 13
CITYScan | August 2020 1 About NDLC The North Dakota League of Cities has served as a key resource for CITYScan is published 10 times yearly by the cities and park districts since the early 1900s when the League of North Dakota League of Cities at 410 E Front Ave, North Dakota Municipalities was organized in Grand Forks. City Bismarck, ND 58504. Subscriptions are $20 per officials had a vision – they recognized the importance of joining year. Advertising rates on application. Deadline for advertising and copy is the first of the preceding together to speak as one voice for the benefit of all. month. Permission to use any original article if credit given. Opinions expressed in articles do not necessarily express the position taken by NDLC. Those early city leaders also understood the benefits of sharing experiences. From the Editor: Chelsey Benson, NDLC account of the first meeting on September 25, 1912: "Another object of the League is Advertising/Circulation: Carissa Richter, NDLC to disseminate the information which the different cities may have on these and other Design Director: Chelly Ontis, Elegant Designs city problems, so that when one has met and solved any problem, the other members of the League may have the benefit of its experience, without having to pass through ND League of Cities Staff the perplexities and uncertainties of the experimental stage." (701) 223-3518 • www.ndlc.org
Blake Crosby • [email protected] The League works with the Legislative Assembly to address the needs for our cities and Executive Director municipal parks, and the staff informs city leaders about legislative changes that may Stephanie Dassinger • [email protected] affect cities. The League offers seminar and training opportunities for city elected and Deputy Director and Staff Attorney appointed officials through the year. Many of these opportunities are offered by the
Carissa Richter • [email protected] League’s Leadership Training Program (LTP). LTP offers a four-tiered certificate program Member Services and Office Manager that provides tools for effective leadership.
Chelsey Benson • [email protected] Training Services and Communications Manager Today, the League continues to encourage dynamic local leadership by providing educational opportunities and myriad services to city officials, by connecting resources
POSTMASTER: SEND ADDRESS CHANGES TO: with needs, and by representing the interests of municipalities in state and federal NORTH DAKOTA LEAGUE OF CITIES, public policy discussions. 410 E FRONT AVE, BISMARCK, ND 58504
About the Cover Cover: We hope you are out and about this summer to enjoy the many pretty scenic views in our
Issue 7 state like this one from Icelandic State Park. (Photo courtesy of North Dakota Tourism) ■
(Left): Peace Park Bismarck. (Photo courtesy of City of Bismarck)
Do you want to see your city on the cover? Volume 88 Volume Send your North Dakota city photo ideas to [email protected].
NDLC Executive Board 2019-2020 President: Tate Cymbaluk, Commissioner, Williston Vice President: Diane Affeldt, City Auditor, Garrison Past President: Dan Stenvold, Mayor, Park River Highlights Regional Executive Board Members Bethany Devlin, Council Member, Watford City Todd Feland, City Administrator, Grand Forks SOCIAL MEDIA Tina Fisk, City Administrator, West Fargo Dwaine Heinrich, Mayor, Jamestown Corey Long, Mayor, Granville Candace Middlestead, City Auditor, Ellendale Jim Neubauer, City Administrator, Mandan Matt Oase, City Administrator, Killdeer Has your city gone social? Jeffrey Russo, Mayor, Lakota Next time you post on your social media accounts Tag Jennifer Titus, City Auditor, Powers Lake #NDLCsocial on your city postings to be featured here in upcoming issues. Wanda Zimmerman, City Auditor, Lehr 2 CITYScan | August 2020 Blake Crosby, Executive Director (701) 223-3518 [email protected]
From the NDLC Executive Director
All NDLC members were sent an email on July 17 announcing carefully. Also, it might be an OK idea to send their teacher(s) a that we were moving to a Virtual Annual Conference for 2020. little note welcoming them back and thanking them for the quick And as I said in that email, it is disappointing, but it is also the move to online learning last spring. Those teachers saved the day. smart thing to do. There are still too many unanswered questions I recognized the winners of our “If I Were Mayor Essay contest” and changing guidance about health and safety protocols for virtually and it was great fun. The classes were tuned in on their attendees. computers, attentive, very polite, funny and virtually clapped We are a get-together culture and it is tough to miss the for their classmate. I talked a bit about the League but also told conversation and camaraderie of our colleagues, but we need to them how proud we were of them and they should remember stay smart and use our North Dakota common sense, while still they would always be the “first.” The first class to finish out their enjoying the educational and professional development activities school year online. How they and their teachers taught us that of the Annual Conference. on-line learning in the 3rd and 7th grade was something that This change does provide us with the opportunity to try could be done and done well. They set the example for what the some things differently and fortunately many other conferences future will hold. have gone virtual so we are able to learn from them. It will be a A reminder again that your preliminary budget is due to the great educational county by August 10. Those of us that represent the various and informative political subdivisions agree that the tail on this pandemic dog conference – just could wag for a long time. Caution and conservative are the key without sitting in words for 2021 budgets. Delaying capital improvement projects, September 24-25, 2020 • Virtual Event a room together. A watching fund balances, monitoring revenue and expense trends, peek at the agenda not spending reserves unless an emergency, but still making is on pages 7-9. Please make plans to participate. COVID or no sure you have funds for essential services are things to keep in COVID…this move to virtual will be part of the future for all of mind. You may also be in for a few years of budget amendments us. throughout the fiscal year and amendments are an appropriate Check out the agenda as there will be a lot of great sessions, a budget function. Things will turn around as they always do. We thought-provoking keynote speaker and I know you will enjoy just do not want to get ahead of ourselves. The League works learning about our partnership with AARP. You will certainly closely with the ND Office of Management and Budget, ND want to hear Senate Majority Leader Rich Wardner and House Tax Commissioner’s Office, ND Treasurer’s Office and ND Majority Leader Chet Pollert give us a look at the 2021 Legislative Department of Transportation. When we find out something Session as it will be like no other. Check it all out and register at that may affect city budgets, we let you know. Make sure we have www.ndlc.org/2020annualconference. your email as that is how we can share the information in a timely August is also back to school time and I will mention, as I manner. If we do not have your email, contact our office. always do this time of year, to watch for the kids walking or August will bring some “dog days” but days will start to cool, riding bike to school. They had a very short year last year so they crop dust will hang in the air, vacations will be enjoyed and fall will be more excited than ever to be back at school among their sports will start. Once again, we will realize what a great state we friends and probably paying even less attention to traffic, so drive have to enjoy. See you at the virtual conference. Stay healthy!
As you’re reading through this month’s CITYScan be on the lookout for this image. Once you find the Find the image email Chelsey at [email protected] with the page number where the image is located and you will be entered in a drawing for a prize from the League. Remember, this image can be anywhere within the Image! publication. Good luck! Last month's image was on page 17.
CITYScan | August 2020 3 Tate Cymbaluk 2019-20 NDLC President
From the NDLC President
As I begin to write this article I wonder where summer has cognizant of your surroundings and show the necessary respect to gone, where baseball has gone, others for we may not know their and why COVID-19 has not health or their personal beliefs. But gone away just as quickly as the what we do know is that this virus two previous things. The state is deadly and can attack anyone at has done a remarkable job with any age at any given moment. educating the citizens of North I was not going to talk about Dakota about the importance the riots and protesting going on of social distancing, laying out nationally, but then I thought, no, a phased program to start up I need to say a few words. There our businesses, and testing over is a difference between rioting 200,000 citizens and counting. and protesting. The definition We are heading in the right of rioting is characterized by a direction but make no mistake group lashing out in a violent about it, COVID-19 is here, and we must deal with it in a public disturbance against authority, property, or people and, professional, respectful, and diligent manner. COVID-19 will in my opinion, serves no purpose. The definition of protesting continue to play a role in how we conduct our business and, for is an expression or declaration of objection, disapproval, or that matter, how we conduct our everyday life. From going to dissent often in opposition to something a person is powerless to work, going to church, being at home and any social activity that prevent or avoid and this I respect when done with the correct we may engage in, COVID-19 will play a direct role. Please be intentions. Much of what we’ve seen is rioting, not protesting,
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4 CITYScan | August 2020 across this great nation for something that went tragically wrong means, the power within those wise words can be monumental at many levels and should not have happened. For those who and make us all better citizens. think damaging one’s property to prove a point or to put fear in The North Dakota League of Cities is moving forward with one’s life is just awful and disgusting at every level. I hope that discussions with many state and city officials about budgets our President, the Governors, and the legislatures of all states, put and what to expect. Yes, income will likely be down due to the some teeth in creating new stronger and tougher laws in place low energy prices and some cities will need to reprioritize, but to deter these types of acts. It is just so wrong with no rational this does not mean to stop planning and moving forward. The reasoning whatsoever. key word is REPRIORITIZE. Shuffle projects around or delay For those that were involved in protesting, NOT RIOTING, certain projects if possible. If you have concerns or questions and did it with respect to have your voices heard, I applaud you about certain areas within your budget or need a little guidance, for that. That is what America is about. Freedom of speech is give Blake Crosby a call at the League as he is very heavily a constitutional right and when it is done correctly, much can engaged or in-tune with our state’s economy and its numbers and be gained from it. It takes a tremendous amount of courage what we can expect for the next several months. Blake is a great for those to protest and for those of you who were involved, resource and would be more than happy to assist or guide you in your message was loud and clear, and I respect you for that. the right direction. Herbert Bayward Swope once said, “I cannot Thank you for doing it the right way. Martin Luther King Jr. give you the formula for success, but I can give you the formula gave a great quote during one of his many speeches. He stated, for failure, it is: Try to please everybody.” Point being folks – “Darkness cannot drive out darkness; only light can do that. reprioritize. Hate cannot drive out hate; only love can do that.” If we can all just sit back for a few seconds and think about what that quote One State. One League. One Goal.
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CITYScan | August 2020 5 Carissa Richter, Member Services and Office Manager (701) 223-3518 [email protected]
Why Your City Should Participate in NDLC Annual Conference?
If you are trying to decide whether Elected officials also benefit from participating in the Annual Conference. Whether you your city staff and elected officials are newly elected or a veteran of local government, the information provided by conference should participate in the 2020 presenters can help you make sound decisions for your city, answer your questions and Annual Conference, consider that connect you with resources. while there are costs involved in Here is a small part of what your city and your citizens will receive when your city participating, there are also costs participates in the NDLC Annual Conference: involved in not participating. If you From Presenters weigh the benefits, I am confident • New tools and processes • Best practices you will conclude it’s a good • Technology updates • Legal and legislative updates investment for your city. • Solutions to problems your city is facing or will face in the future If you have hired good people • New ideas you’ve not even heard of yet • New skills and want to keep them, their participation in the conferences From Vendors and Sponsors is just another form of insurance. • Sourcing new vendors You send the message that they are • Potential to save your city money in future purchases of products and services valued and give them the tools and • Relationships with vendors resources they need to excel. And • Discovery of new products and services they bring back a lot more than the conference “swag” for the office. From Networking Many times, they even come back • Shared experiences refreshed and re-motivated! Time • Learning they can share with others out of the office to learn new things • New contacts and connections that can provide ongoing advice and insights and the opportunity to meet and build relationships with colleagues is • Spreading the word about your city’s innovation and successes often just what is needed to reignite Don’t miss the opportunity to invest in your city’s future! enthusiasm for their job. Learn more about the 2020 Annual Conference beginning on page 7.
of Cities North Dakota League The League’s Business Associate membership 2020 Products is designed to promote best practices through and Services 2020 Products information sharing between businesses, and Services organizations and individuals interested in building Guide Guide stronger cities. We encourage all cities to make it a priority to ORDER TODAY! work with Business Associate members whenever possible. Their support and involvement allows us to provide many of the services that cities rely on every day and we appreciate their dedication to our This yearly publication includes League and municipal government. information about our current For additional complimentary copies of the Guide,
Business Associate members. 1 contact Carissa at 701-223-3518 or [email protected].
6 CITYScan | August 2020 September 24-25, 2020 • Virtual Event
Due to the ever-changing COVID-19 situation and fluctuations in city budgets, we have decided to move our 2020 Annual Conference to a virtual conference. While we were looking forward to seeing you in person in September, we are committed to providing you with the same educational and informative event that we had planned for our in-person conference. Below you will find our basic agenda for the conference. Over the next couple weeks, we will add more detail to this agenda and send it out via email and add it to our web site. The September/October CITYScan will include a final agenda. We will provide as many topics as we can as live virtual events so you can still ask questions of the speakers and interact with other conference participants. We will be hosting a virtual trade show so that you can learn about products and services available to your city. And we hope to add networking opportunities so that you can connect with your peers. Participating in our virtual conference will be easy – all you will need is a computer and a good internet connection! We hope you will plan to attend the 2020 Virtual Annual Conference!
• LIVE • Virtual Annual Conference Agenda ** This is a draft agenda. The League may make adjustments to this agenda as needed.
Thursday, September 24 Friday, September 25 10-11 am 10-10:50 am Welcome and Keynote: 13 Ways to Kill Your Community Embracing Livable Policies to Benefit All with Danielle with Doug Griffiths Arigoni, Director of Livable Communities, AARP In a presentation of his bestselling book, Doug offers valuable This session will provide information on how the AARP lessons on what really makes the difference between a Network of Age-Friendly States and Communities has served prospering community and a failing one. as a catalyst to educate local leaders and encourage them to implement the types of changes that make communities more 11:10-Noon Concurrent Sessions livable for people of all ages, especially older adults. Learn about the successes these communities have had related to Noon-1 pm Break community planning, private sector investment, and awareness. Also, hear new information about how communities that are a 1-1:50 pm Concurrent Sessions part of the network have been able to adapt and respond more readily in the face of crisis including COVID19. 2-2:50 pm Concurrent Sessions 11-11:50 am Concurrent Sessions 3-4 pm Small Cities Big Ideas This session is an opportunity for elected and appointed small 11:50 am-1 pm Break city representatives to discuss issues common to smaller cities. Come prepared to share your city’s issues, offer ideas and 1-1:50 pm Concurrent Sessions suggestions and share your success stories. The conversation will be led by conference participants and League staff will be 2-3 pm NDLC Awards Presentations available to answer questions and provide legal background.
2020 ANNUAL CONFERENCE CITYScan | August 2020 7 We will hold additional concurrent sessions the weeks of September 28 and October 5. September 24-25, 2020 • Virtual Event
The following concurrent sessions will be included in the virtual conference. Details about the dates and times of each will be available soon.
2020 Revenue Projections – This session will provide an Legislative Forecast & November Ballot Issues – Get a update on the state budget and state aid fund projections for preliminary look at legislation that may be introduced in the FY 2020 and FY 2021 as cities finish out 2020 and make final 67th Legislative Session. adjustments for 2021. Blake Crosby, Executive Director, ND League of Cities Ryan Rauschenberger, North Dakota Tax Commissioner Stephanie Dassinger, Deputy Director/Staff Attorney, ND Joe Morrissette, Director, ND Management and Budget League of Cities Brent Bogar, Consultant, Jadestone Consulting Terry Traynor, Executive Director, ND Association of Counties Geoff Simon, Executive Director, Western Dakota Energy Association Main Street Program Funding Resources – Join the staff of the ND Department of Commerce to learn more about the Community Tax Incentives for Businesses – This session will funding programs and grants available through the Main Street highlight North Dakota cities that have innovative incentive Program. programs for businesses. They will share how their incentives Brett Gurholt, Community Development Liaison, ND work and why they have been successful. Department of Commerce Brad Barth, Executive Director, Forward Devils Lake Lindsay Bofenkamp, Executive Director, Garrison Area Infrastructure and Capital Project Funding Options – Improvement Association This session will focus on project financing and/or refinancing so you can make the best use of limited tax dollars, fund Can Our City Start a Police Department? – Join additional projects and lower your risk of running into debt representatives from the city of Garrison to discuss the process service issues. they used to implement a new city police department. Kelvin Hullet, Economic Development and Government Keith Witt, retired Bismarck Police Chief Program Market Jim Wilson, Garrison City Attorney Manager, Bank of North Dakota Stu Merry, Garrison Mayor Deann Ament, Executive Director, ND Public Finance Chief Travis Tesch, Garrison Police Department Authority Shannon Fisher, Manager, Drinking Water State Revolving Law Enforcement Social Media and Media Best Practices Fund, ND – Join a discussion of best practices for law enforcement Department of Environmental Quality interactions with media and the use of social media as a Elizabeth Tokach Duran, Manager, Clean Water State communication tool. Revolving Fund Program, Lt. Luke Gardiner, Public Information Officer, Bismarck ND Department of Environmental Quality Police Department Bonnie Malo, Community Services Director, ND Department Officer Lynn Wanner, Bismarck Police Department of Commerce Mark Wax, Community Programs Director, Rural Preparing Your Technology Platform for Tomorrow and the Development ND Future – COVID-19 forced most cities to have employees work from home and to use some method of virtual conferencing Communication During Times of Emergency – Cities face and we discovered it worked quite well. Now that there is a unique communication issues in times of emergency and crisis. level of comfort, what does that mean going forward and what This session will provide information about communication technology do you need for this new work environment. between departments, with the public and with the media and Duane Schell, Chief Technology Officer, ND Information best practices for how to share information. Technology Department John Bernstrom, Communication Specialist, City of Grand Shawn Riley, Chief Information Officer, ND Information Forks Technology Department
8 CITYScan | August 2020 2020 ANNUAL CONFERENCE Intelligent Transportation Systems-Q Detection System – Child Care Best Practices – Cities across North Dakota have The Queue Detection System (QDS) is capable of measuring implemented innovative and unique programs to address vehicular speeds at downstream sections of roadway and their child care needs. Hear from two of these cities as they displaying warning messages on upstream Message Boards. highlight their programs and how they might work for your This is used as an effort to reduce crashes in work zones. Learn city. We will also have an update from the ND Department how QDS might work for your city. of Health on regulatory changes that may impact child care in Bernie Southam, Transportation Engineer III-Project your city. Manager, ND Department of Transportation KayCee Lindsey, Community Development Director, Divide County JDA ND Department of Transportation Report: A Look to the Vawnita Best, Director, Watford City Community Next Session – The ND Department of Transportation will Development present their vision for the future of transportation in North Chris Jones, Executive Director, ND Department of Health Dakota, projects being planned and what cities should be doing to prepare for that future. NDIRF: North Dakota Public Health Insurance Trust William Panos, Director, ND Department of Transportation (NDPHIT) – NDIRF is rolling out NDPHIT, and after a review of how it works, the presenters will answer questions so Extra Territorial Zoning Panel – Join our panel to discuss you can determine if your city should participate and how to how cities can use their extra territorial zoning jurisdiction to do so. facilitate orderly and more cost-efficient growth. Randall Johnson, Senior Vice President, Hays of Utah Daniel Nairn, Planner, City of Bismarck Insurance Services Tim Solberg, Director of Planning & Zoning, City of West Brennan Quintus, CEO, North Dakota Insurance Reserve Fargo Fund Natalie Pierce, Planner, Morton County Dangerous Buildings – This presentation will discuss the Special Assessment Basics – This presentation will discuss process the city of Fargo has used to identify and address generally the process for completing a project that is funded dangerous buildings in the city. through special assessments. Alissa Farol, Assistant City Attorney, Fargo Gabe Schell, City Engineer, City of Bismarck 2021 Legislative Session: Hot Topics and Staying Engaged Federal Indian Law and Weaving through Legal Eras – – This will be a wide ranging session to discuss possible uses Join North Dakota’s Labor Commissioner for a background of the Legacy Fund, the future of the Prairie Dog funds and in Federal Indian Law, how it hasn’t assisted States and Local a general overview of how to stay engaged in the Legislative Jurisdictions with understanding Federal Indian. This session process under new requirements of social distancing and virtual will also discuss the unique aspects of Native American Tribal hearings. culture and how it relates to city officials’ interactions with Senator Rich Wardner Tribal members. Representative Chet Pollert Erica Thunder, ND Labor Commissioner Home Rule – The what, the why and the how long with uses Internet of Things – This presentation will cover three for Home Rule besides enacting a sales tax. important areas: Brittany Hatting, Lies, Bullis and Hatting, PLLP 1. What is the Internet of Things (“IoT”)? 2. The use of small cells (small wireless facilities) in City Drug and Alcohol Testing and Government Employers – Right-of Way to transmit 5G service The laws and restrictions that apply to government employers 3. How to become a Smart or Smarter City performing drug and alcohol testing on employees will be Bob Duchen, Co-Founder and Vice President, River Oaks discussed. Communications Corp. Tara Brandner, Assistant Attorney General for ND
2020 ANNUAL CONFERENCE CITYScan | August 2020 9 www.ndlc.org/2020AnnualConference
Opening Keynote Speaker 13 Ways to Kill Your Community with Doug Griffiths
In a presentation of his bestselling book, Doug offers his passion valuable lessons on what really makes the difference between a of helping prospering community and a failing one. Doug’s presentation communities, will help you: organizations, • feel inspired and motivated; and businesses • find a renewed sense of ownership and responsibility grow stronger. toward the community in which you live; Doug has • recognize the challenges your community faces and the acquired an reasons why it is challenged; Honors B.A. • receive basic tools to begin moving your community toward Philosophy, Sept 15-17, 2016 • Ramkota • Bismarck Sept 15-17, 2016 • Ramkota • Bismarck success; and followed by • laugh. a B.Ed., and Doug Griffiths currently is the President of his company 13 he recently Ways Inc. and author of the best selling book, 13 Ways to Kill completed the Executive MBA program at the University of Your Community. Alberta. Education, whether he is learning or teaching, has After teaching and ranching for several years, Doug always been an important aspect of his life. successfullySept served 15-17, as an 2016 elected • Ramkota Member • Bismarck of the Legislative Doug’s talents include: seeing through the lies we tell Assembly in theTheme Province Goes of HereAlberta Each for fourYear consecutive terms. ourselves, overcoming bad attitudes, targeted and focused In that time he served in two senior Cabinet portfolios as tactical planning, communicating with those who are afraid of Minister of Municipal Affairs and Minister of Service Alberta, change, and building enduring prosperity for communities. His as well as three junior positions in Agriculture, Finance and passion lies in building strong communities, because within Solicitor General. strong communities leadership can succeed, businesses can Once retiring from politics in 2005, he actively pursued prosper, and families can find great quality of lives.
Registration The conference registration fee is $175. This includes access to all general sessions, concurrent sessions and the virtual trade show. Register at www.ndlc.org/2020AnnualConference. Registration Deadline: To ensure that we have ample time to provide registrants with the necessary information to participate in the virtual conference, we have implemented a registration deadline of noon on Monday, September 21. Registrations after this time will have access to the conference recordings only. All cancellations must be emailed to Carissa at [email protected]. No phone calls for cancellations will be accepted. The cancellation deadline is 5 pm on Thursday, September 17. No refund will be given, and outstanding invoices must be paid for cancellations after September 17. * First-time attendees can receive a complimentary registration to the Annual Conference if they participate in the NDIRF-sponsored session. First-time attendees will receive instructions for how to receive the complimentary registration.
Hotel Information The room blocks for the Annual Conference have been cancelled and the hotels have cancelled individual reservations in our blocks. You do not need to contact the hotel to cancel your room unless you made a reservation that was not in the room blocks.
10 CITYScan | August 2020 2020 ANNUAL CONFERENCE Who we are and What we do for our Members
The North Dakota League of Cities provides and gives voice to the each month on topics important to city government. Find the collective concerns of the state’s 357 cities. There are many programs and full calendar of events at www.ndlc.org/events and additional services offered by the League: information on the LTP program at www.ndlc.org/enroll. • Information-sharing • Training and conferences • Advocacy • Publications Ways we communicate • Technical assistance The League connects cities to share helpful information and effective problem-solving strategies. Advocate for cities • Listserv for elected and appointed officials The League works with the Legislative Assembly and state • CITYScan magazine agencies to address the needs of our cities and municipal • Visit www.ndlc.org to: parks, and the staff informs city leaders about legislative and 1. See upcoming training opportunities regulatory changes that may affect cities. During the legislative 2. Access documents in the resource library session, weekly telephone conferences are held to help keep city officials informed and to gather feedback on legislative issues. The League also partners with other state municipal Get the most from your membership leagues and the National League of Cities on issues at the • Participate in the city staff listserv federal level. • Take part in League advocacy efforts • Take part in weekly legislative conference calls during the Connect cities to solutions legislative session The League’s research runs the gamut from municipal law • Attend Annual Conference questions to salary, rate and taxable valuation surveys. Many • Attend the Spring Workshop publications are available, including: Directory of ND City • Become an LTP member Officials, Model Municipal Ordinances, Municipal Laws of North Dakota, ND City Official Handbook, Annual Report, and • Participate in webinars the Products and Services Guide. • Participate is City Government Week, Celebrate Cities Day and the If I Were Mayor Essay Contest Training Opportunities • Utilize the League’s RFP & RFQ Sharing Service The League offers training opportunities for city elected • Familiarize yourself with www.ndlc.org and appointed officials throughout the year. This includes • Serve on the Executive Board the Annual Conference, Spring Workshop, legislative update • Use information provided in CITYScan meetings in legislative years and elected officials training. • Provide your city’s information on League surveys The League offers an Auditor’s Certification Program to • Nominate your elected or appointed city official for an all new and veteran auditors. Learn more at www.ndlc.org/ annual award auditortraining. In addition, the League’s Leadership Training • Tell us the challenges facing your community and how Program LTP offers a four-tiered certificate program that the League can help provides tools for effective leadership. Also, webinars are held
NDLC is committed to utilizing technology to communicate in a more efficient and timely manner with all city elected and appointed officials. If you are not We Want currently receiving emails from the League about events, rules and regulations and to Connect other information important to city government, please send your email address to [email protected] so that you can be added to our distribution list. We promise not to with YOU! fill up your inbox – we only send one or two emails per month. And we do not share email addresses with anyone else.
CITYScan | August 2020 11 Chelsey Benson, Training Services & Communications Manager (701) 223-3518 [email protected]
Opportunity for LTP Credits
The 2020 Annual Conference is now virtual, and Leadership Training Program (LTP) members still have the opportunity to earn credits! Here is how it will work…
Enroll! If you are not Not sure if you are a Register for Annual Win a door prize! 1. a current LTP member, 2. Leadership Training 3. Conference. To receive 4. One FREE webinar here is your chance! Program member? credit for Annual registration will be Enroll before September You can confirm your Conference, LTP given away to one LTP 24 to receive credit for membership at members just need to member. This door prize registering for the 2020 www.ndlc.org/ltpcredits. simply register. All LTP will be good for any Annual Conference and members that register webinar from January future League training will receive eight credits. – December 2021. The events. You can enroll You will receive credit winner will be notified by at www.ndlc.org/enroll. whether you attend the email. Enrollment is free! live sessions or not. If you are registered, you get the credits.
eaders i Don’t miss the opportunity to invest in your city’s future and earn LTP credits! rainin Register at www.ndlc.org/events. Feel free to contact me with any questions at Pro ra 701-223-3518 or [email protected]. o o of
Tips and Tricks for More Productive Meetings
PUBLIC PARTICIPATION A member of the public has the right to attend an open meeting and to record or broadcast the meeting but does not have the right to speak.
Thanks to our RFP & RFQ Questions about this program? Sharing Service, League Contact Carissa at [email protected] or visit members can now use RFP& www.ndlc.org, under services tab. the League’s Business RFQ Associate Program to help SHARING SERVICE get their community’s RFPs & RFQs to more prospective bidders.
12 CITYScan | August 2020 The Benefits of Joining AARP’s Network Envision an Idea... of Age-Friendly Communities
Between 2010 and 2025, the number of adults ages 65 and older in North Dakota is expected to grow by 52-percent. In 1980, older adults were 12-percent of the state’s population. By 2025, they are expected to be 18 percent of the state’s population. Fun fact, 9 North Dakota counties are eligible for AARP membership as their median age is 50 or older. And another handful of counties are right on their heels. Implement Solutions.... Livable communities are those that enable residents to thrive at every age and every life stage — in other words, they are age-friendly. As your community thinks about its future plans know that the AARP Network of Age-Friendly Deliver Results... Communities engages and mobilizes local leaders and Understanding the residents and encourages needs of our local them to implement the communities types of changes that make communities more old ngineering, P.C. livable for people of all ages. People of all ages, especially older adults, benefit from Consulting Engineers & Land Surveyors the adoption of policies and programs that feature transportation options, enable access to key services, make neighborhoods safe, provide opportunities to participate in community activities, and support housing that’s affordable and adaptable. Well designed, age-friendly communities foster economic growth and make for happier, healthier residents of all ages. By joining the AARP Network of Age-Friendly Communities your community will become part of a network of towns, cities, counties and states that are committed to enhancing the lives of people of all ages and enabling older residents to have rewarding, productive and safe lives. Membership in the network: • Helps local leaders identify and understand community needs • Serves as an organizing structure for making community improvements • Fosters partnerships among community groups and local stakeholders • Provides leadership opportunities for volunteers • Enables changes that benefit people of all ages Find out more about the AARP Network of Age Friendly Communities go to AARP. org/AgeFriendly To learn more, contact AARP at [email protected] or look for the AARP presentation at the 2020 NDLC Annual Conference in September.
BOTTINEAU (701) 228-2292 MINOT (701) 852-0338 BISMARCK (701) 258-9227 EMAIL: [email protected]
CITYScan | August 2020 13 City Government It’s a team sport – Part 1 By Stephanie Dassinger, NDLC
It’s post-election and all the newly elected/re-elected city governing board members are settling into their new roles. Often, changes in membership on governing boards can result in adjustments to the decisions city governing boards make and to the way the city itself functions. Regardless of differences in opinions, city governing boards function best when everyone views the city like a team with the same common goal to make life in the city better for everyone. Just like any good team, a city governing board must set some ground rules. Rule 1: All city governing board members will treat each other with respect. Disagreements and differences of opinion are expected but need to be handled with professionalism. Every board member brings a different perspective and background to how the city should function. Sometimes a creative solution to a problem the city is facing can be discovered by all governing board members listening to each other and viewing the problem several different ways. Rule 2: All city governing board members will comply with open meeting laws. This means that a quorum of governing board
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14 CITYScan | August 2020 members (one-half or more) will not communicate about city holder. Bad mouthing city employees to the public never business without doing it at a properly noticed meeting. This resolves the issue and hurts employee morale. includes all forms of communication. Text messages and email Rule 5: All city governing board members will avoid making messages between a quorum of governing board members promises that city governing board members cannot resolve are meetings under North Dakota’s open meeting laws. City on their own. Generally, city governing board members do governing boards are acting on behalf of the residents of the not have the authority to change things in the city without city. Those residents have a right to know what discussions board action. When a city governing board member makes council members are having about city business. a promise that he or she cannot keep it undercuts citizen Rule 3: All city governing board members will avoid personal confidence in the city. Usually, the best course of action for attacks against other board members. City governing city governing board members when addressing a citizen board meetings can often include debate on how to resolve complaint is to let the citizen know that the problem will be contentious issues. It is never appropriate for that debate to investigated, and results reported back to him or her. include comments or insults about another board member’s Rule 6: All city governing board members will seek to be personal life or family. Keep discussion to merits of an agenda problem solvers. Often city governing board members are item. elected based on their concerns about one issue. In lieu of Rule 4: All city governing board members will refrain from pointing fingers about all the problems in a city, governing talking behind the back of city employees to members of the board members should seek to understand why the issue exists public. City employees work hard to carry out the policies and work with other board members and city staff to solve set by the city governing board. Occasionally, a conflict arises those issues. between a governing board member and a city employee. These rules are not intended to be an all-inclusive list of the In those instances, first the employee handbook should rules a city governing board needs to follow. It is intended to be reviewed to determine whether a policy addresses the give city governing boards a starting place for setting their own situation. If the handbook does not cover the situation, the rules to either start working as a team or to continue working issue should be addressed through the employee’s supervisor, as a team. Next month, this article will review the roles of city through the mayor or through the commission portfolio governing board members in relation to a sports team.
2020 NDLC Business Associates
Approval Payment Solutions/GovCard – Braun Intertec Corporation North Dakota Insurance Reserve Fund ENDORSED PARTNER Bremer Bank North Dakota Rural Water Systems AARP Brosz Engineering Association Ackerman-Estvold Circle Sanitation Inc. North Dakota State Procurement Office AE2S EAPC Architects Engineers North Dakota Surplus Property AE2S Nexus Eide Bailly LLP SEH AMKO Advisors, LLC Farmers Union Insurance SRF Consulting Group, Inc. Apex Engineering Group Ferguson Waterworks Solotek Inc. Armor Interactive Friesens Corporation-History Book Division Stantec Consulting Services Inc. Bank of North Dakota HDR Ulteig Bartlett & West Interstate Engineering Widmer Roel Black Mountain Software, Inc. Lewis & Clark Development Group WIDSETH Blue Cross Blue Shield ND Moore Engineering, Inc. Bolton & Menk, Inc. Wold Engineering, P.C. Our Business Associate program helps businesses learn more about the municipal marketplace and better serve the needs of North Dakota cities. The financial support of Business Associates assists the League with educational programs and special projects. Business Associates are able to use the NDLC Business Associate logo, receive complimentary copies of League publications and be listed on the League’s website and in each issue of CITYScan. For more information about the Business Associate program, contact Carissa Richter at 701-223-3518 ([email protected]). ** The designation of Business Associate does not imply League endorsement or certification of quality.
CITYScan | August 2020 15 Training at Your Fingertips
The COVID-19 pandemic highlighted how quickly your for running reports to monitor and track training compliance, organizations can adapt to continue to provide essential services reducing your organization’s liability exposure and creating a safer, for North Dakotans. As easy as you made it look, we understand more productive workplace. it took a lot of communication and resources to ensure limited interruptions to your operations occurred, if at all, as well Just how many members are already using LocalGovU? as important initiatives within your organization, including NDIRF members completed 1,936 LocalGovU courses last year, employee training. which was a 128% increase from 2018. This increase could likely Through your NDIRF membership, your employees have be contributed to our updated member training center, LocalGovU, unlimited access to over 1,500 professional training courses which rolled out in Sept. 2018. In addition to the enhanced through LocalGovU, the NDIRF’s online training center. These administrative features it offers, LocalGovU has an expanded course courses are offered at no cost to NDIRF members and range in list that continuously introduces new courses as well. topics from equipment and general safety, to HR development, The most popular courses in 2019 were Advanced Defensive law enforcement, professional development, and schools and Driving Techniques, Defensive Driving Basics, Developing education – there are applicable courses for every employee within Effective Communication Skills, and Anti-Harassment in the your organization! LocalGovU also features an extensive catalogue of Workplace as well as courses that focus on writing reports and law law enforcement courses approved for continuing education credit by enforcement activities. the North Dakota POST Board. Though course lengths vary, many are one-hour long and Get started with LocalGovU feature narrated recordings and checkpoint quizzes to help · Visit www.ndirf.com learners affirm the new knowledge they’ve gained. To provide · Click on the Training tab, then click on the Sign in For Training maximum flexibility, courses may also be paused, allowing learners button. to complete their training when it’s convenient for them. · Enter your email address and password to log into LocalGovU. Plan your training If you’re new to LocalGovU, click on the create new account link LocalGovU contains enhanced features for primary to set up your account. It usually takes 24-48 hours to verify your administrators to assign training, specify training due dates, account, allowing you access into LocalGovU. and send automated emails to employees that remind them to · Once you’re logged in, click on the Course Catalog to check out complete their training. It also gives administrators an easy-to- the available courses. use tool for managing personnel in groups based on rank, shift, · Select the course you’d like to take, click Start Course, and you’re and other custom options. LocalGovU also offers more options on your way! If you have any questions about LocalGovU, reach out to NDIRF Member Services Director Corey Olson at [email protected] or 701-751-9107.
16 CITYScan | August 2020 The following article is another example of the importance of collaboration and communication between North Dakota businesses and cities. There were concerns brought to the League from many water treatment plants that use CO2 as a corrosion inhibitor when they were told their CO2 supply was going to be rationed over the summer due to supply issues. And, summer being the high usage part of the year would have left many systems taking measures severely restricting water usage. After about 48 hours, a couple of phone calls and a virtual meeting, it was a North Dakota business that said, “we can help.” That’s the way we work in North Dakota…together. My special thanks to all the folks at Dakota Gasification that made this happen. -Blake Crosby Dakota Gas’ first beverage-grade CO2 sale shipped
Basin Electric subsidiary Dakota Gasification Company hit In the past, Dakota Gas has sold industrial-grade CO2 for oil a milestone last week when its first shipment of beverage-grade and gas production purposes. New commercial uses include water carbon dioxide (CO2) captured from the Great Plains Synfuels pH balancing, welding, fire suppression systems, refrigeration Plant’s ammonia production facility was shipped. The ability and food processing, plant growth stimulation in greenhouses, to capture and sell liquid CO2 was made possible with the and carbonation in soda and in breweries. Dakota Gas’ liquid addition of the urea plant, and excess CO2 is now being sold CO2 is currently 99.98% pure, which meets food and beverage- into the commercial food and grade certifications. Industrial beverage industry. grade CO2 only has to be The first load, about 20 99.0% pure. tons of beverage-grade CO2, “It was exciting to see was used to help balance pH the first sale and shipment levels in the water at water go to customers last week,” treatment plants in North Jacobson said. “The return Dakota, which are currently on investment is well worth near an emergency state due it and plans are to slowly to a shortage of CO2. The ramp up sales and develop shortage has occurred mainly additional markets once because ethanol plants have the process is perfected and curtailed their production staff is comfortable.” In the (due to low oil prices), which thus produces less CO2. past, Dakota Gas’ industrial sale of CO2 was seasonal, but the “We are excited to be able to step in and help fill a need for beverage-grade CO2 provides a year-round market. the citizens of North Dakota,” said Zach Jacobson, Dakota Gas The liquid CO2 will be sold all over North Dakota and the marketing account manager. “Dakota Gas will now likely supply hope is to see it in name-brand beverage products in the near over 80% of North Dakota’s water treatment plants with the future,” Jacobson said. “We are also open to working with all CO2 they need to treat water for their citizens.” major liquid CO2 distributors to grow our sales.”
CITYScan | August 2020 17 Substance Abuse and Testing
The Drug-Free Workplace Act of 1988 requires some federal violates the above-stated requirements, its contract or receipt contractors and all federal grantees to agree that they will of funding may be suspended or even terminated. Additionally, provide drug-free workplaces as a condition of receiving a if enough of a contractor’s employees have been convicted of contract or grant from a federal agency. criminal drug offenses for conduct occurring in the workplace, Covered employers must have a policy prohibiting the a federal agency can conclude that the contractor has failed unlawful manufacture, distribution, dispensing, possession, or to make a good-faith effort to provide a drug-free workplace use of a controlled substance in the workplace and specifying and the same serious consequences of contract suspension or
HUMAN RESOURCES CORNER what actions will be taken in the event of violations. termination may follow. Employers are required to provide the drug-free workplace Visit www.hrndgov.org/hr-reference-guide for information policy to the employees including the requirement to notify about Medical the employer within five days if convicted of a criminal drug Marijuana and offense occurrence within the workplace. Employers must Employment also provide communication to employees about the dangers and Substance of drugs in the workplace and the availability of employee Abuse Testing. assistance programs. Taken from If an employee is convicted of a drug crime that occurred the “Human in the employer’s workplace, the employer must take certain Resource actions against the employee and notify the contracting or Reference Guide granting government agency. Failure to comply with these for Local Governments in North Dakota” published by the Human provisions or any of the Drug Free Workplace Act’s other Resources Collaborative. To access the Guide and other HR requirements can result in serious consequences. If a contractor resources, go to www.hrndgov.org/hr-reference-guide/.
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18 CITYScan | August 2020 Island Life for your Trees!
“…I’ll be unwinding, down in the islands, down in the islands…” (“Island Song”, Zac Brown Band) Ahhh…white sand, sunshine and an ocean breeze…
While we may dream of the perfect island life for ourselves, consider creating an island life for your trees! Most landscape trees are planted as individual specimens, surrounded by lawn. Trees naturally grow in forests where there is a layer of organic mulch and undisturbed soil, rich with microbial and fungal life – not a thick mat of lawn with irrigated, compacted soils beneath the surface. To promote a healthier growing environment for your tree, use one or more trees as an anchor surrounded by companion plants in a mulched planting bed or landscape island. This is especially good for trees like birch and aspen.
Tips for planting under and around trees: • Protect the tree in the process. Trees are sensitive to any damage to their roots and bark. Most tree roots grow within a few inches of the soil surface (almost all roots are in the top 12”-18” of soil), right where the oxygen levels and soil nutrients are best. Be careful about disturbing the root system. Use a small trowel or digging knife rather than a shovel and if you encounter a root, move on to another spot. • The larger the island or planting bed, the more benefits it will provide. The tree will suffer fewer conflicts and inputs with lawn care: competition from turfgrass roots, effects of fertilizing and weed control, and deadly lawn mower and string trimmer damage. • Do not add more soil around the tree – this is the equivalent of planting a tree too deeply. Instead, dig gently and plant small plants around the tree, in the existing soil. Unwanted existing vegetation can be Beth Hill, NDFS removed by hand or a “tree-friendly” herbicide like glyphosate. Avoid using chemicals if possible. • Select plants that are suitable for the amount of sunshine they will receive. If the tree is small, plant sun-loving, drought- tolerant plants. If the tree is large enough to produce full shade, choose shade-loving plants like hostas (there are dozens of types available!), hardy ferns, columbine, astilbe, and bleeding heart. Add color with annuals including coleus, begonias and impatiens. (See “Annual & Perennial Flowers for North Dakota”, NDSU Ext. H322, May 2016 – available online. Select plants based on sun/shade, attracting pollinators, color and fragrance) • Add mulch to a depth of 3 to 4 inches, but keep the mulch away from the tree. Organic mulch like wood chips is best: it will decompose, adding even more nutrients to the soil; it helps retain moisture; it keeps the soil cool in hot weather and insulates the roots in winter. Any weeds that emerge are easily pulled from the mulch. This mulched area will aid in stormwater infiltration, too. Many trees show a dramatic increase in the rate of growth when properly mulched. • There’s no need to build a hard-scape border around the perimeter of the bed; let the mulch blend naturally where the turf begins.
Any area that is mulched reduces mowing – that’s music to the ears of anyone who does not enjoy the task of frequent mowing. The diversity of species in the plantings will increase insect and wildlife biodiversity, improve soil health and will add dynamic beauty that increases property value. There you have it – multiple reasons to create an island oasis in your own backyard! Note: Landscape islands are a good idea for public spaces, too – like parks, playgrounds and school yards. The ND Forest Service offers a grant program for planting trees on public property. Contact: Gerri Makay, Community Forestry Program Manager [email protected] 701-652-2951
CITYScan | August 2020 19 Purchasing Pulse Changing Purchasing Needs in the New Workplace By Gabriel Hoggarth, Procurement Officer, Office of Management and Budget The COVID-19 pandemic has changed the way we related to PPE and working from home is provided below, live. From shopping to social gatherings to the workplace. and you may go to www.nd.gov/omb/agency/procurement/ Regardless of whether you and your team are working from state-sources-supply for more information. In addition to home, working from the office, or a mixture of both, it’s likely the contracts outlined below, the State Procurement Office is your purchasing needs have changed as well. currently working to establish stand-alone PPE contracts and Consider using existing State sources of supply to meet other contracts to assist with working from home. these changing needs! A list of existing State contracts
CURRENT STATE CONTRACTS • State Contract 009 for Janitorial Products – Sanitizing stations, wipes, solutions, and other cleaning products. • State Contract 012 for Floor Mat and Facility Services to Include PPE – Hand sanitizing stations for facilities or cloth facemasks. • State Contract 022 for Computers and Printers - Anything computer related. There are several vendors to select from and the contracts offer computers, tablets, and laptops. The contracts also offer, printers and multi-function devices, keyboards and mice, webcams, projectors, and adjustable stands for single and double monitors. • State Contract 048-B for Sit Stand Ergonomic CPU Solutions • State Contract 049-A for Sit Stand Ergonomic CPU Solutions, File Cabinets, and Accessories • State Contract 049-B for Sit Stand Ergonomic CPU Solutions, File Cabinets, and Accessories • State Contract 053 for Food Products - Food-grade gloves.
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20 CITYScan | August 2020 • State Contract 110 for Webcams, USB Wi-Fi Adapters, and Headsets - The STAGEnet Network Equipment contract can help fulfill your audio, visual, and video needs. • State Contract 200 for Office Supplies and PPE – Anything from pens to paper, to hand sanitizer, nitrile gloves, or sanitizing wipes. • State Contract 232 for a Full Range of Pharmaceuticals and Other Healthcare Products and Services – Medical supplies, influenza vaccine, dental supplies, drug testing, wholesaler invoice auditing, and returned goods processing. MMCAP Infuse is a free, voluntary group purchasing organization for government facilities that provide healthcare services. MMCAP Infuse membership extends across nearly every state in the nation, delivering volume buying power. • State Contract 266 for Moving Services - If you have been authorized to move your office furniture to your home and need assistance in doing so. • State Contract 915 for Wi-Fi Hot Spots - Cell Phones, and General Wireless Communication and Equipment. • Rough Rider Industries (RRI) – Wellness Products – Gowns, masks, wellness barriers, wellness signs, or floor graphics: www. roughriderindustries.com/products/wellness-products. RRI also offers office and home furniture, as well as seating and ergonomic office solutions: www.roughriderindustries.com/products. RRI is sanctioned to sell its products directly to State Agencies, Non- profit Organizations, Schools/Universities, Hospitals, Retailers & Wholesalers, Nursing Homes, Federal Agencies, County Agencies, City Agencies, Churches, Tribal Agencies, and Certified Private Sector Partners.
The goods and services outlined above are subject to actual availability with the contracted vendors. Demand has been very high for these commodities. If you have any questions, please contact Gabriel Hoggarth at [email protected] or 701.328.2740.
Cooperative purchasing from state contracts is a great way to save time and money. Check it out online at www.nd.gov/omb/public/ cooperative-purchasing.
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CITYScan | August 2020 21 City Government Basics
Forms of Government North Dakota law provides for three forms of city government: city council, city commission, and modern council. The largest differences between these three types of government is whether the executive officer votes at meetings and whether he or she has veto power. These forms of government may be modified in city’s home rule charter.
City Officers Elected Officers Modern Council City Council Mayor Mayor • Head of city for ceremonial purposes • Executive officer of the city • Presides at council meetings and votes on matters before the • Ensures laws and ordinances are carried out city council • Chairs council meetings but does not vote unless a tie Mayor Pro Tempore occurs • Elected by city council if mayor is absent or disabled to • Vetoes or signs resolutions and ordinances serve in mayor’s place City Council President Modern Council Member • Elected by city council at organizational meeting • Serves on council and votes on issues that come before the • Serves as acting mayor in mayor’s absence or temporary council at meetings disability • Represents city residents at council meetings City Council Vice President • Ensures laws and city ordinances are carried out • Elected by city council at organizational meeting • Engages with city residents to determine city needs • Serves as acting mayor in mayor and city council president’s absence or temporary disability City Council, City Commission, and Modern Council City Council Member Municipal Judge • Serves on city council and votes on issues that come before • Decides cases based on city ordinances city council at city council meetings • Must be licensed attorney in cities with a population over • Represents city residents at city council meetings 5,000 • Engages with city residents to determine city needs • Cities with populations under 5,000 can require the judge to be a licensed attorney City Commission • Not every city has a municipal judge City Commission President • Executive officer of the city Appointed Officers* • Ensures all laws of the city are carried out City Council, City Commission, and Modern Council • Presides at city commission meetings and votes on issues Auditor – responsible for city finances and generally day-to-day before the commission function of city • No veto powers Attorney – advises city governing body on legal issues impacting city City Commission Vice President Assessor – assesses value of parcels in city • Elected by the city commission at the first meeting after the Engineer – provides surveys, profiles, plans and estimates for election city • Performs duties of city commission president in absence or disability of president City Commission City Commissioner Cities under this form of government also have treasurer, health • Serves on city commission and votes on issues that come officer, street commissioner, chiefs of fire department and police before city commission at meetings department, police officers, and a board of public works • Represents city residents at city commission meetings • Manages portfolio designated to him or her by majority *The governing board may dispense with any appointed position vote of the commission (Portfolio examples: police and and assign the duties to another office fire, streets and improvements, waterworks and sewerage, finance and revenue) • Engages with city residents to determine city needs
22 CITYScan | August 2020 Governing Board Meetings Open Meetings Cities have the authority to set their own rules of procedure; Under North Dakota open meetings law, anytime a quorum of the however, most cities follow Robert’s Rules of Order. City governing body of the city or any city bureau or committee discusses governing boards meet at least once a month. public business, it is subject to open meeting laws which requires the meeting to be open to the public, that notice be provided to To conduct business, there must be a quorum of city the public and that meeting minutes be kept. For purposes of open governing board members at the meeting. A quorum is meeting laws, a quorum means one-half or more, of the governing more than one half the governing board. For city council body, bureau or committee. These rules also apply to telephone calls, cities the mayor counts as a member of the governing board. text messages, and emails when communication is occurring between For example, if there is 1 mayor and 4 council members one-half or more of the board regarding public business. on the city council, any 3 of these individuals would be a quorum. Home Rule Charter There is no legal requirement that citizens be able to speak Some cities have enacted home rule charters. A home rule charter at meetings, unless the meeting is for a public hearing. gives a city additional authority to govern itself. One of the most utilized authorities, under a home rule charter, is the ability for a city Budgeting to have a city sales tax to help pay for city expenses. Enacting and Once a year a city governing board approves a budget amending a home rule charter requires a vote of the citizens. that considers all predicted revenues and expenses for the following year. As part of this process, the governing Conflicts of Interest board approves a tax levy which is the amount of money North Dakota law prohibits a city governing board member from the city needs to receive through the property tax levy. being employed by the city and from holding another elected or The preliminary budget and budget hearing date must be appointed position with the city. Exceptions apply for ambulance provided to the county auditor by August 10. That means, crew members and for volunteer firefighters and volunteer the city governing board will likely need to approve the ambulance crew members. In cities with a population under 500, preliminary budget at the first meeting after the election. a city can employ a city governing board member if it is not an City governing board candidates need to familiarize appointed position (ex. city auditor), there is no one to fill the themselves with the city budget prior to the election to position at an equal cost, and there is unanimous approval from the provide meaningful input on the preliminary budget. The other board members which is documented in meeting minutes. city auditor can be consulted about any questions about the Elected and appointed officers from cities with a population of budget. The certified final budget and certified tax levy must 10,000 or more people cannot be directly or indirectly interested be provided to the county auditor by October 10. in contracts with the city, unless approved unanimously by the members of the governing body because the services or property Open Records obtained are not otherwise available at equal cost. Under North Dakota open records law, all city records are open to the public unless an exception applies. This includes If a member of the governing body has a direct and substantial records that a city governing board member may have. An personal or pecuniary interest in a matter before the board, that example of this is emails to and from a city governing board member must disclose the situation to the board and can only member regarding public business, even if it is in the board vote on the matter before the board if a majority of the remaining member’s private email account, is generally a public record. members of the governing board consent. Questions about this article? Contact Stephanie Dassinger at [email protected].
Are you taking advantage of the League’s Listserv?
What is it? A listserv is a free electronic tool that allows you to email one address and have the email dispersed to every member of the listserv. When a member responds, the response goes to the whole listserv allowing all participants to benefit from the response of others. To subscribe email [email protected] with your name and email. Please remember that listservs are for city elected and appointed officials only.
CITYScan | August 2020 23 North Dakota League of Cities Random Drug and Alcohol Testing Program
The North Dakota League of Cities has partnered with Global Safety Network to offer a random drug and alcohol testing program for qualifying city employees.
The League maintains two different groups, known as pools, pool. The fee includes: collection, lab/medical review officer that are used for drawing which employees need to submit to the testing & reporting, random selections, maintenance of random drug or alcohol test. Each employee can only be in one random pool, annual statistical reports and administrative of the following pools: fees. 1. The DOT Pool which includes employees with • The city provides Global Safety Network with employee commercial driver licenses (CDLs) or U.S. Department of information through Global Safety Network’s online portal. Transportation licenses who are required by federal law to • Global Safety Network reminds cities participating in the participate in a random drug and alcohol testing program; program to update their employee lists quarterly in the or event that city employees have changed. 2. The Safety Sensitive Pool which includes employees • Quarterly random selections from the DOT and from the whose job duties are fraught with such risk of injury that a Safety Sensitive pools are computer generated. Drug tests momentary lapse in judgment could result in injury to other are performed on 50% of employees in each pool annually. people but are not required by federal law to be included in Alcohol tests are performed on 10% of employees in each a random drug and alcohol testing program. pool annually. Details about which city employees are eligible to be • Global Safety Network charges the League for all random included in one of these two pools can be found at drug and alcohol tests performed. www.ndlc.org/drugtesting. Here’s how the random drug and alcohol testing program As stated, these are random testing pools. That means works: that names are drawn from the employees submitted by all • The city contacts the League and asks to be included in the participating cities. The possibility exists that no employee North Dakota League of Cities random drug and alcohol from a city will be drawn during the calendar year. However, testing program. the possibility also exists that multiple employees from a city • The city completes the drug testing enrollment form, could be drawn during the calendar year. The drawing process is including indicating how many employees are being enrolled completely random although the drawing software does take into in each pool- either the DOT Pool or Safety Sensitive Pool. account geographical regions of the state so that employees being • The League charges each participating city an annual flat drawn come from all parts of the state. rate of $60 for each employee included in a random testing
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24 CITYScan | August 2020 The program meets the requirements of 49 CFR (Code of Federal Regulations) 40, 199, 382, 391 and 395. The service provided by Global Safety Network is confidential. All records and results are housed in-office and are accessed only by Global North Dakota Cares Safety Network authorized employees. Reporting is done by email, fax, telephone or mail. In accordance with the DOT regulations, Community Program negative records are kept for two years and positives are kept for five years. DOT test results are reviewed by a certified Medical The ND Cares Community Program was created Review Officer (MRO) to ensure confidentiality. The MRO has as an important extension of the mission of training in substance abuse and will review results and recommend North Dakota Cares to strengthen an accessible, action consistent with all federal regulations. seamless network of support for service The Specimen Testing Lab meets all federal requirements and members, Veterans, families and survivors. is certified by the Substance Abuse and Mental Health Service Administration (SAMHSA). All drug screens are performed by immunoassay and all positives confirmed by GC/MS or LC/MS/ MS. Only DOT authorized devices are used to perform alcohol testing. Global Safety Network offers on-site/mobile collections at its locations, and will arrange for certified third-party collectors throughout the state. Properly trained collectors make a difference in reducing possible liability. Only collectors that are trained using the US Department of Health and Human Services “mandatory guidelines for Federal Workplace Drug and Alcohol Testing Programs” will perform collection services. The North Dakota League of Cities Random Drug and Alcohol Testing Program does not include pre-employment, reasonable suspicion testing, or post-accident testing. Cities can contract directly with Global Safety Network or another company for additional drug testing services. Contact Carissa at the League with questions or to enroll at Establishing your community events, 701-223-3518 or [email protected]. and displaying your community sign, will demonstrate your dedication to the heroes living in and supporting your community.
Newly Elected Officials To request a sign for your community, contact the ND Cares Community Program Training Sessions Available at (701) 333-2015 or [email protected].
The 2020 Newly Elected Officials Virtual Workshop was held on July 8, 2020. The five sessions are available for purchase for anyone that did not register or attend the workshop.
Please purchase the sessions at: www.ndlc.org/webinarsondemand
The fee is $30. An email will be sent with the link and password to watch the sessions after your purchase is complete.
CITYScan | August 2020 25 CITYBeatBMS-NDLC Ad August 2020 FUND ACCOUNTING | UTILITY BILLING The installation of new playground equipment in Surrey is expected to happen later this year. This will be a milestone in the Software solutions to effort to develop a new park in the community… The Roosevelt make your day better. Park Zoo in Minot has a new habitat for the Zoo’s three Amur tigers… The ND Department of Commerce has renewed the Renaissance Zone Program for the cities of Casselton, Valley City and West Fargo…The Enderlin City Council and the Enderlin Community Development Committee have approved over 25 different Curb Appeal Grants in Enderlin. This grant will cover half of pre-approved projects up to $350 after completion. This is the 4th year of this grand program and over 60 different projects have been completed. We look forward to Enderlin being more “Curb Appealing” community as it prepares for an all Class Reunion at the end of June 2021… The U.S. Department of Transportation through the Federal Aviation Administration Lindsey Taylor awarded the following grants to ND airports: $10M to Watford BMS Client Support Manager City Municipal Airport to reconstruct over 6,500 feet of runway; Black Mountain Software Applications include: $10M to Hector International Airport, Fargo, to expand an combines easy-to-use Accounting existing cargo apron to meet FAA standards; and $2M to functions and efficient Utility Billing processes for time-savings Hillsboro Municipal Airport to construct a 2,000-foot taxiway Cash and improved productivity. to enhance airport efficiency… Receipting And when you need software Accounts ... and the beat goes on. Receivable support, we provide reliable, professional, “small town” Payroll friendly assistance to ensure Budget Prep your results are exceptional. Service Hometown Homegrown Orders Making your work day better Asset and your customers happier. Manager It’s what we do best. and many KinzieCoco Jensen, DeputyPuff Auditor, Bars Kenmare more!
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26 CITYScan | August 2020 North Dakota Attorney General’s Opinions may be viewed at: https://attorneygeneral.nd.gov/attorney-generals-office/legal-opinions Attorney General Opinion
Open Records/Open Meetings Opinion #: 2020-O-05 Date issued: July 7, 2020 Issued to: Williams County School District #8 and Williston School District #1
Request: Did the Williams County School District #8 and the Williston School District #1 violate the open meetings laws by failing to properly notice special meetings?
Conclusion: For special meetings, only the topics on the meeting agenda may be discussed. The Williams County School District #8 and the Williston School District #1 are considering the future of the two schools due to overcrowding issues and have engaged in discussions regarding various options. On April 22, 2020, the Williams County School board held a special meeting to discuss, among other topics, the superintendent’s position and scope of duties. During the discussion, the board recognized the need for more information on the future of the school and decided to request a meeting with the Williston School Board. The board’s discussions were within the scope of the posted agenda items. On April 24, 2020, the two school boards held a joint meeting to discuss several topics, including the employment of a joint superintendent, open enrollment, and funding issues. These discussions were within the context of the posted agenda items. The Williams County and Williston School Boards did not violate the open meetings law.
CITYScan | August 2020 27 NDLC’s Auditor’s Certification Program
As of January 1, 2018, NDCC 40-16-03(18) requires new city auditors to complete training based Did you know... on a curriculum set by NDLC. Training must be completed within one year of assuming office.
The program curriculum is developed within Lessonly, which is a web-based platform providing the learner with the ability to have a flexible and independent schedule. This certification program is to be completed at your own pace but there is a one- year deadline requirement. The information and resources in each completed course remain accessible to the learner for future reference. The Lessonly application will be administered through the North Dakota League of Cities.
The courses are available not only to new city auditors but also to any existing city auditors, city employees or city officials interested in furthering their education.
There are six courses to be completed: How to enroll: Course 1: The Basics – Designed to go over essential skills needed for the city auditor’s position. Visit www.ndlc.org/auditortraining Course 2: Taxes and Budgeting – Touches on the processes for property tax calculations, project for more information and to enroll. management and budgeting. This certification program is $180 Course 3: Meetings and Records – Explains and outlines the laws and procedures for for all six courses or open meetings and records and the requirements for records retention. $30 per course. Course 4: Human Resources – Provides basic information on the laws and policies that affect employment and the payroll process. Questions about this program? Course 5: Communications – Reviews the key points and importance of communication, Contact Chelsey at [email protected] not only written and oral, but also electronic. Course 6: Audits – Goes over the basics of what to expect and preparations.
Congratulations to those that have completed the Auditor’s Certification in July. Thank you for your dedication to your community! Danielle Butler, Auditor, Center • Jennifer Morgan, Auditor, New Leipzig
North Dakota League of Cities Win with GovCard! With the NDLC-endorsed GovCard program, Offering white-glove service, the highest your city will eliminate its payment security standards and tools to automate processing costs and give your citizens your receivables, GovCard offers a powerful superior service. GovCard allows citizens the payment processing platform that delivers option of paying online, or in person, with a value to citizens and your Municipality. credit card, debit card, or ACH. Call us today and find out how GovCard can work for you. The city wins with improved cash flow, automated payments and a reduction of Cary Conner in-office traffic. 888.311.7248 Ext 3000 Today's consumer appreciates the [email protected] convenience of paying online and with a card. GovCard delivers ...at no cost to the 111.GovCard Municipality. www.govcard.org
28 CITYScan | August 2020 Stephanie Dassinger, Deputy Director Ask NDLC (701) 223-3518 [email protected]
League staff provides technical assistance to North Dakota cities and this regular column NDLCcontains summaries of recent inquiries. For frequently asked questions visit www.ndlc.org/faq. Direct your questions to Stephanie at 701-223-3518 ext. 1 or 1-800-472-2692 or email [email protected].
Does a city have to show individual employee salaries body may borrow funds in the following manner: If there is on our preliminary budget? a sufficient unexpended balance in any fund or funds, except No. The amount paid for salaries may be shown as a single funds established for debt retirement, the governing body by line item expenditure in each fund. There must be on file with a resolution adopted by the vote of two-thirds of the members the governing body and open to public inspection a detailed present may take the amount necessary to meet the emergency statement showing the names of all persons receiving salaries, from any such fund or funds. If the city has not reached its debt the annual amount paid to each person, and the funds charged. limit, the governing body by a two-thirds vote may order the (NDCC 40-40-05) mayor and financial committee to borrow an amount sufficient to meet the emergency. Any amount so borrowed must be for Is the city allowed to borrow from other funds in order a time not to extend beyond the close of the fiscal year, and to meet an emergency? such amount and the interest thereon must be a part of the next Upon the happening of any emergency caused by the budget. The resolution authorizing any emergency expenditure destruction or impairment of any city property necessary must recite the facts showing the existence of the specified for the conduct of the affairs of the city, the city governing emergency. (NDCC 40-40-18)
Does your city have an upcoming event to announce? Or maybe some great news to share? Send your information to Chelsey ([email protected]) and we’ll share it in an upcoming CITYScan issue.
ENHANCING COMMUNITIES one project at a time We’re proud to support cities across North Dakota by designing solutions that protect and connect our communities to enhance the lives of residents.
From flood protection to site development and everything in between, we’re driven by our mission to enhance communities through responsible infrastructure solutions.
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CITYScan | August 2020 29 Community Calendar August August 1 Maah Daah Hey Race Series, Maah Daah Hey trail, August 15 Pipestem Creek Trail Run, Pipestem Dam, Jamestown Watford City August 15 11th Annual Rods N Rock Car Show, 1 Main Street, August 1 Dino Days, Museum Center, Dickinson Carson August 1 Club de Skinautique and Light Boat Parade, 1252A 41st August 15-16 Pioneer Days at Bonanzaville, West Fargo Ave, Garrison August 16 Gear Grinder Mountain Bike Race, Pipestem Trail, August 1 64th Annual Home on the Range Rodeo, Sentinel Butte Jamestown August 1-2 Capital A’Fair, ND Capitol Grounds, Bismarck August 20 Downtown Arts Market: The Ryan Keplin Band August 1-8 Sheyenne RiverFest, 250 Main Street, Valley City with Red River Step & Jiggin’ Training, Downtown, Jamestown August 6 Downtown Arts Market: Matt Hodek & The Dakota Dutchmen with Music by the Buffalo City Church, August 22 Third Annual Farm-to-Table Dinner, 102 Highway 2 Downtown, Jamestown SE, Rugby August 7-8 North Dakota Chokecherry Festival, 1215 Main, August 22 Rollin’ on the River Inline Marathon, Choice Health & Williston Fitness, Grand Forks August 9 35th Annual Village Fair, Prairie Village Museum, Rugby August 22 Beach Party, 1252A 41st Ave, Garrison August 10 River Keepers Race the Red, Dike East, Fargo August 23 Railroad Days, Railroad Museum, Mandan August 13 Downtown Arts Market: Jon Wayne with Top of the August 24 Fargo Marathon, Fargodome Stairs Dance Studio, Downtown, Jamestown August 26 Hi Rollers Car Show, Lisbon August 14-16 Food Truck Festival, 5180 19th Ave. N, Fargo August 26-30 Ransom County Fair, Lisbon August 15 Golden Valley Rally, 1st Avenue Southwest August 27 Downtown Arts Market: Open Mic Night, Downtown, Jamestown
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30 CITYScan | August 2020 Webinars Registration at www.ndlc.org/events
Let’s show the world what we can do together.
Participate in valuable League training without leaving your desk. Day by day. Project by project. All you need is a computer with an Internet connection. Interested in a topic Together we’re bridging what’s possible but the date doesn’t work for you? Register and you will receive a link to the and moving the world forward. recording. You will love the convenience! Online registration only.
August 20, 2020 | 10-11 a.m. North Dakota Community Foundation (Kevin J. Dvorak, CFP, President & CEO, North Dakota Community Foundation) Kevin will discuss the history, structure, and opportunities for communities to work with the North Dakota Community Foundation. He will also answer questions from participants regarding how they can take advantage of the financial and other resources offered by the North Dakota Community Foundation. This will include how to find grant guidelines, dates, and tips on writing grant requests. Registration: Free
eaders i Webinar Registration Information: rainin Register for webinars at www.ndlc.org/ Pro ra events. Leadership Training Program o o of participants will earn one credit. For more Questions? Or topic suggestions information about the League’s Leadership for future webinars? Training Program, visit www.ndlc.org. Contact Chelsey at the League Accepting VISA, Mastercard, American ([email protected]) Express and Discover.
The Leadership Training Program is the cornerstone of the League’s commitment to provide Building a Better World city officials with for All of Us Engineers | Architects | Planners | Scientists tools they need to govern effectively. sehinc.com/subscribe • 701.354.7121 For more information and to enroll visit www.ndlc.org/enroll or contact Chelsey at [email protected]
CITYScan | August 2020 31 View the Municipal 2020 Municipal Calendar Calendar at www.NDLC.org
Monthly – City auditor submits to the governing body of the city a monthly financial statement showing revenues, expenditures, transfers, and fund balances. (NDCC 40-16-04)
AUGUST 2020 SEPTEMBER 2020 By August 1 – Cities that have property within a renaissance zone that September 7 – First Monday in September - Labor Day - State holiday is also included in a Tax Increment Financing (TIF) districts must file (NDCC 1-03-01) an annual report with the North Dakota Department of Commerce In August or September – In cities anticipating levying less than regarding the property. (NDCC 40-63-03) $100,000 for the budget year, at least six days before the meeting Before August 10 – The governing body prepares the preliminary budget to adopt the final budget, the city auditor shall publish a notice in statement and sets public budget hearing date no earlier than September the official newspaper of the city containing a statement of the total seventh and no later than October seventh. (NDCC 40-40-06) proposed expenditures for each fund and providing that any taxpayer On or before August 10 – The city auditor provides copy of preliminary may appear and discuss with the governing body any proposed budget statement and budget hearing date to the county auditor. expenditures or may object to any item or amount. (NDCC 40-40-06) (NDCC 57-15-02.2 and NDCC 40-40-06) No earlier than September 7 and no later than October 7 – The August 11 – Second Tuesday in August - State Board of Equalization governing body holds public hearing to hear any and all protests or meeting (NDCC 57-13-03) objections to the items or amounts set forth in the preliminary budget and for the purpose of adopting the final budget and making the August 20 – On or before - The city auditor notifies the county auditor annual tax levy. (NDCC 40-40-06) each year of any special assessments which were made in the city in addition to those reported in the previous years. The county auditor returns the assessment roll before September 20. (NDCC 40-24-12) By August 31 – The county treasurer provides written notice to each owner of each parcel, with a total anticipated property tax of at least $100, of the estimated property taxes, based on the preliminary budget statements, and of the budget hearing dates for the political subdivisions anticipating levying over $100,000 for the budget year. (NDCC 57-15-02.2)
www.ndlc.org/COVID19
32 CITYScan | August 2020 Bulletin Notes
North Dakota PLACE NAMES Know your cities OBERON – This city is located Unscramble the letters to spell out the name of a North Dakota city. in Benson County. Oberon is a 1. OMREDA ______3. BWXOO ______name made famous in William 2. AHATYC ______4. ARGDINN ______Shakespeare’s play A Midsummer Night’s Dream. The name is believed Answers at: www.ndlc.org to be of Scandinavian origin and in mythology Oberon was the king of League Holiday Closings the fairies and husband of Titania. Reprinted with permission from “North Dakota Labor Day, September 7 Thanksgiving, November 26 & 27 Place Names” by Douglas A. Wick, PO Box 7399, Bismarck, ND 58507. Veterans Day, November 11 Christmas Day, December 25
Highway Tax Distribution Twenty-five years ago Find resources from May 2020 (from the League Bulletin) your League State...... $ 9,783,681.41 Problems & Progress of ND Cities www.ndlc.org Township...... $ 430,928.87 The September issue of the Bulletin Public Transportation. . . $ 239,404.93 Publications Events County...... $ 3,519,671.70 contained an article stating that Elgin is planning a street chipping and sealing Updates Webinars City ...... $ 1,986,641.65 project. City per capita (average) . .$ 3.92
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