09-07-2004
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<br />Commission Minutes--September 7,2004 <br /> <br />2785 <br /> <br />14. CONTINUANCE OF GOVERNMENT, Terrorism annex added to emerÇlency plan <br />MOTION, passed <br />Mr. Meyer moved and Mr. Wagner seconded to approve the City of <br />Fargo/Cass County Terrorism Annex to be added to the Cass County <br />Emergency Operations Plan. On roll call vote, the motion carried <br />unanimously. <br /> <br />15. CONTRACT APPROVAL, Red River ReÇlional Dispatch; Pacific International <br />EnÇlineerinÇl; Memorandum of UnderstandinÇl for Homeland Security Çlrant funds <br />MOTION, passed <br />Mr. Meyer moved and Mr. Wagner seconded to approve the following <br />contracts submitted by respective department head, subject to state's <br />attorney approval, and authorize the chairman to sign: On roll call vote, <br />the motion carried unanimously. <br /> <br />Red River Regional Dispatch--joint powers amended agreement; <br />Pacific International Engineering--FEMA Community Partner Memorandum of <br />Agreement for updating Cass County's digital flood map; <br />North Dakota Association of Counties, League of Cities, Institute for Local <br />Government--Homeland Security grant funds. <br /> <br />16. ORDINANCE #2004-2, Second readinÇl on swimminÇl pool reÇlulation <br />This was the date, time and place advertised for second reading and proposed adoption of <br />an ordinance to monitor the operation of public and semi-public swimming pools for the <br />health and welfare of those using the pools. Earle Myers, Assistant Cass County State's <br />Attorney, drafted the ordinance, which was patterned after swimming pool ordinances in the <br />City of Fargo and the City of West Fargo. <br /> <br />Mr. Bennett, who represents the county commission on the Fargo Cass Public Health <br />Board, worked with Mr. Myers and said a number of minor changes were made since the <br />first reading of the ordinance. Also, Section 6 was clarified to state that residential pools <br />may be inspected for proper fencing and may also be subject to inspection if it is determined <br />a pool has been neglected or abandoned and may pose a health risk. A severability clause <br />was added as Section 9 to clarify jurisdiction concerns at first reading. <br /> <br />Mrs. Sorum opened the meeting for a public hearing on the second reading of Ordinance <br />#2004-2, Swimming Pool Regulation. No one from the public asked to speak to the issue, <br />and the public hearing was closed. <br /> <br />Mr. Wagner said he would support the ordinance as long as it is specific to unincorporated <br />areas; and that the county would not be responsible for payment of inspection fees nor <br />payment of fees for collecting water samples. <br /> <br />In a memorandum to Mr. Bennett dated August 25, 2004, Mr. Myers gave his opinion that <br />should the county adopt the swimming pool ordinance, and the body art establishment <br />ordinance also scheduled for second reading today, it would be necessary for each of the <br />incorporated cities to adopt the ordinance by entering into a joint powers agreement <br />pursuant to Section 54-40.3-01 in order to make the ordinance effective within their <br />jurisdiction. <br />
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