10-20-2014
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Commission Minutes—October 20, 2014 4379 <br /> Mr. Pawluk referred to the recent rodeo held outside city limits in which sheriff deputies were <br /> not allowed to enter and asked why the current law is not sufficient to have allowed them on <br /> the premises. Cherie Clark, Assistant State's Attorney, was present and helped draft the <br /> ordinance. She said state law does not define rodeos or car shows, which are defined and <br /> included in the proposal. Mr. Bennett asked if state law may be changed, and Ms. Clark said <br /> that has been discussed, however there are other events occurring out in the county that are <br /> not currently covered under state law. <br /> Mr. Bennett asked about the rates charged for sheriff deputies to work an event. Sheriff Laney <br /> said the rates are approved by the commission, and currently are $45 per hour per deputy for <br /> a minimum of three hours. <br /> Mr. Vanyo asked about the language included regarding capacities of certain numbers of <br /> people. He used an example of an event with a capacity of 100 and only 50 people attend <br /> an event whether it would still need sheriff presence. Sheriff Laney said he and his staff would <br /> be allowed to police the event because the possibility is there for that number of individuals <br /> to be present. Gary Euren, Assistant State's Attorney, said the language mirrors state law. <br /> MOTION, passed <br /> Mr. Vanyo moved and Mr. Peterson seconded to approve the first reading <br /> of Ordinance #2014-1, Police Public Events, direct that appropriate notice <br /> be published in the official county newspaper, and schedule the second <br /> reading of the ordinance for November 17, 2014. Discussion: Mrs. <br /> Scherling questioned whether the word "capacity" should be replaced <br /> with "attendance". Sheriff Laney said with the current wording, his office <br /> is allowed to have a conversation with the individuals holding the event. <br /> Mr. Peterson said the ordinance appears to clarify and re-purpose the <br /> current state law. Mr. Bennett said he does not want events to be over <br /> policed. Sheriff Laney said that is not his intent either. On roll call vote, <br /> the motion carried unanimously. <br /> 7. FLOOD DIVERSION BOARD, Darrell Vanvo appointed as county representative for 2015 <br /> Keith Berndt, County Administrator, said Commissioner Darrell Vanyo has served as the <br /> Chairman of the FM Diversion Board of Authority since its inception and has worked tirelessly <br /> on the project. His term on the Cass County Commission will end in December, and there <br /> has been discussion regarding county representation on the board after his term expires. Mr. <br /> Berndt recommends the commission consider appointing Mr. Vanyo to continue to represent <br /> Cass County on the diversion board given his significant knowledge of the project, and the <br /> relationships he has created with local, state and federal officials. He also recommends Mr. <br /> Vanyo be compensated similar to water board members who receive a per diem which is <br /> outlined in state law. <br /> Mr. Bennett said currently two elected county commissioners serve on the board and asked <br /> about county representation. Mr. Berndt said Cass County has three representatives on the <br /> diversion board, and the by-laws do not require the representatives to be elected officials. <br /> Mr. Pawluk said the knowledge provided by Mr. Vanyo is needed, and he supports the <br /> recommendation. He anticipates that Mr. Vanyo, West Fargo City Commissioner Mike <br /> Thorstad, and he will serve as Cass County representatives on the diversion board next year. <br />
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