April 21, 2009 Regular meeting minutes

The regular meeting of the Ward County Commission was called to order by Chairman Christianson at 9:00 a.m. with Comms. Fjeldahl, Gruenberg, Erickson and Nybakken present.  Also present were Auditor/Treasurer Devra Smestad; Engineer Dana Larsen and State's Attorney Roza Larson.

 

Smestad and Comm. Fjeldahl presented additions to the agenda. It was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the amended agenda. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the minutes of the April 7, 2009 regular meeting. Roll call vote: all voted yes; motion carried.

 

Smestad then presented the bills. With R. Larson appearing for comment it was moved by Comm. Nybakken, seconded by Comm. Erickson to approve the Social Welfare bills totaling $284,729.54; the Human Service bills totaling $35,929.80 and the regular bills totaling $104,385.71. Roll call vote: all voted yes; motion carried.

 

D. Larsen and Emergency Manager Al Reynolds then appeared regarding snow removal costs and provided an update on the federal assistance available for flood damage.

 

Carpio mayor Jamie Armstrong, Ward County Water Resource Board Chairman John Pietsch and D. Larsen then appeared regarding flooding in the Carpio area.

 

Director of Tax Equalization Mike Vendsel appeared. It was moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following applications for: 1) abatement and/or correction of error of assessments: James Pross, MI 24042.030.007.2, reduce the 2008 true and full value from $33,400 to $13,700; Mark Fettig, MI 22B25.000.005.0, increase the 2008 true and full value from $0 to $5,600; Kenneth Johnson, MI 14817.030.000.0, reduce the 2007 and 2008 true and full values from $25,000 to $10,500 and on MI 14817.021.000.0, reduce the 2007 and 2008 true and full values from $29,200 to $10,600; and Les Goldade, TA 33099.000.001.0, reduce the 2008 true and full value from $116,800 to $100,800; and 2) remove the following mobile homes from the tax roll as they are being taxed as real property: Ryan Storro, SH 5104381, reduce 2009 true and full value from $27,014 to $0; and Gerald Holen, MN 5104144, reduce the 2009 true and full value from $79,380 to $0. Roll call vote: all voted yes; motion carried.

 

With Vendsel still present and Assistant State's Attorney Robert Slorby appearing for comment, it was moved by Comm. Erickson, seconded by Comm. Nybakken to approve on first reading the following amended resolution for two year property tax exemption:

 

WHEREAS, the Ward County Board of Commissioners is empowered by Article 8, Section 1 of the Ward County Home Rule Charter to levy and collect property taxes within the county, and

 

WHEREA, the Board of Commissioners as the governing body of Ward County is empowered by NDCC 57-02-08 (35) (36) to exempt from taxation up to $75,000.00 of the true and full value of all new single-family, condominium, and townhouse residential property, exclusive of the land on which it is situated, for the first two taxable years after the taxable year in which construction is begun, and

 

WHEREAS, the Board of Commissioners deemed it appropriate to adopt Resolution #1-2009 pursuant to NDCC 57-02-08 (35) (36) for Ward County property outside city limits, and

 

WHEREAS, the Board of Commissioners reserved the right to amend or rescind Resolution #1-2009 at any time and NDCC 57-02-08 (35) (36) also reserves to the governing body the right to amend a resolution adopted under such sections, and

 

WHEREAS, the Board of Commissioners deems it appropriate to amend Resolution #1-2009 to correct some clerical oversights and to clarify its application, including territorial, of the resolution,

 

NOW, THEREFORE, BE IT RESOLVED, by the Ward County Board of Commissioners, that up to $75,000.00 of the true and full value of all new single family, condominium, and townhouse residential property, exclusive of the land on which it is situated in Ward County outside city limits is exempt from taxation for the first two taxable years after the taxable year in which construction is begun, if all of conditions as set out in NDCC 57-02-08 (35) (36) or NDCC 57-02-08 (36) (b) (c), as the case may be, are met.

 

BE IT FURTHER RESOLVED, that pursuant to NDCC 57-02-08 (35) (a) (36) (a) and the Ward County Home Rule Charter, the Ward County Board of Commissioners may: rescind or amend this resolution at any time and may limit or impose conditions upon the exemptions provided for under this resolution including limitations on the time during which an exemption is allowed.

 

Roll call vote: Comms. Erickson, Nybakken and Christianson voted yes, Comms. Fjeldahl and Gruenberg voted no; motion carried.

 

Jail Commander Penny Erickson appeared. It was moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the Jail Commander to accept bids for food services in the Jail and Juvenile Detention where the company would cater the food to the jail. Roll call vote: all voted yes; motion carried.

 

YMCA Director Roger Mazurek then appeared. It was moved by Comm. Nybakken, seconded by Comm. Erickson to approve the following resolution authorizing bond redemption and waiver of notice and premium and publication of notice of public hearing:

 

WHEREAS, representatives of The Young Men's Christian Association of Minot, North Dakota, a North Dakota nonprofit corporation located in Minot, North Dakota, (the "Corporation") have requested Ward County, North Dakota (the "County"), to 1) publish a notice of public hearing, such as that attached hereto as Attachment 1, regarding the proposed issuance of a revenue refunding bond under the Municipal Industrial Development Act of 1955, Chapter 40-57 of the North Dakota Century Code, as amended, (the "Act"), and 2) waive notice of redemption and prepayment of the Ward County, North Dakota, First Mortgage Revenue Bond (Minot Family YMCA Project) Series 2000 (the "Series 2000 Bond") and the prepayment premium as stated thereon, and authorize full redemption of the Series 2000 Bond on any Business Day* at a redemption price equal to the principal amount outstanding on the date fixed for redemption, plus accrued interest to the redemption date; and

 

WHEREAS, the Series 2000 Bond states, in part:

 

This Bond shall be subject to redemption and prepayment on any Payment Date at the option of the County, at the request of the Corporation, in whole or in part at a redemption price equal to the principal amount to be prepaid, plus accrued interest to the redemption date, plus a redemption premium equal to 1% of the principal amount redeemed which on a cumulative basis, determined for each calendar year, exceeds 20% of the outstanding principal amount of the Bonds as of January 1 of such year.

 

Notice of any such prepayment shall be given to the Holder or registered assigns of this Bond by first class mail, addressed to the Holder at the Holder’s registered address, not less than thirty (30) days prior to the date fixed for prepayment.

 

and;

 

WHEREAS, Wells Fargo Bank, National Association, Minot, North Dakota, the registered Holder of the Series 2000 Bond has waived notice of redemption and prepayment of the Series 2000 Bond and the prepayment premium as stated thereon, and has authorized full redemption of the Series 2000 Bond on any Business Day at a redemption price equal to the principal amount outstanding on the date fixed for redemption, plus accrued interest to the redemption date. (See Attachment 2.)

 

THEREFORE BE IT RESOLVED by the governing body of the County as follows:

 

1. That the notice of redemption and prepayment of the Series 2000 Bond and the prepayment premium as stated thereon are hereby waived, and full redemption of the Series 2000 Bond is hereby authorized on any Business Day at a redemption price equal to the principal amount outstanding on the date fixed for redemption, plus accrued interest to the redemption date.

 

2. That a Notice of Public Hearing, in substantially the form attached hereto as Attachment 1, regarding the Municipal Industrial Development Act Revenue Refunding Bond (The Young Men's Christian Association of Minot, North Dakota Project) Series 2009, is hereby approved for publication.

 

3. That the County Auditor/Treasurer is hereby authorized to complete, sign and publish such a notice upon direction of and at the expense of the Corporation through its bond counsel.

 

4. That it is expressly resolved that it is the intent of the County to proceed with a hearing referenced in such a notice in accordance with the Act.

 

* “Business day” means any day other than Saturday or Sunday or legal holiday, or a day on which a bank is required or authorized by law to remain closed.

 

Attachment 1

 

NOTICE OF PUBLIC HEARING ON A PROJECT AND THE ISSUANCE OF A REVENUE REFUNDING BOND UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT OF 1955,

NORTH DAKOTA CENTURY CODE, CHAPTER 40-57

 

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Ward County, North Dakota (the "County") will meet on Tuesday, May 5, 2009, at 10:00 a.m. at the Ward County Courthouse located at 315 3rd Street SE, Minot, North Dakota, for the purpose of holding a public hearing, on behalf of the County, on a proposal that the County issue a revenue refunding bond (the "Bond") under the Municipal Industrial Development Act of 1955, Chapter 40-57 of the North Dakota Century Code (the "Act") to provide financing to refund the outstanding Ward County, North Dakota, First Mortgage Revenue Bonds (Minot Family YMCA Project) Series 2000 and the Ward County, North Dakota, Municipal Industrial Development Bond (The Young Men’s Christian Association of Minot, North Dakota Project) Series 2007 (the "Prior Bonds"), and to pay costs of issuance allowed under Section 40-57-07 of the Act to the extent they are not paid from other sources. Proceeds of the Prior Bonds were used to construct and equip a 54,000 square foot facility and its 37,000 square foot expansion, located at 3515 16th Street SW in Minot, North Dakota, which include two gymnasiums, a swimming pool, wellness center, climbing tower, racquetball court, exercise area, track, locker rooms, storage space, meeting rooms, administrative offices and rooms, and functionally related facilities and other improvements (the "Project"). The Project is owned and operated by The Young Men's Christian Association of Minot, North Dakota, a North Dakota nonprofit corporation engaged in providing recreational, social, and human service programs and facilities, to better meet the health and human service needs of its service area. Strengthening families and meeting the needs of young people is central to the corporation's mission, and it is a critical player in the community's efforts to increase physical activity and improve nutrition.

 

The amount of the proposed bond issue is not to exceed $6,500,000.

 

The Bond shall be a limited obligation of the County, and the Bond and the interest thereon shall be payable solely from the revenue pledged to the payment thereof and may be secured by a mortgage or other encumbrances on the subject property. No holder of any such evidence of indebtedness shall ever have the right to compel any exercise of the taxing power of the County to pay the Bond, or the interest thereon, nor to enforce payment against any property of the County except money payable by the

Corporation and pledged to the payment of the Bond.

 

All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the County Auditor/Treasurer prior to the date of the hearing set forth above.

 

Attachment 2

 

$4,250,000

WARD COUNTY, NORTH DAKOTA

FIRST MORTGAGE REVENUE BONDS

(MINOT FAMILY YMCA PROJECT)

SERIES 2000

 

AUTHORIZATION OF BOND REDEMPTION AND WAIVED OF

NOTICE AND PREMIUM

 

The undersigned, on behalf of Wells Fargo Bank, National Association, Minot North Dakota, fka Norwest Bank North Dakota, N.A., Minot, North Dakota, the registered holder of the above-referenced bond (the “Series 2000 Bond”) hereby waives notice of redemption and prepayment of the Series 2000 Bond and the prepayment premium as stated thereon, and hereby authorized full redemption of the Series 2000 Bond on any Business Day* at a redemption price equal to the principal amount outstanding on the date fixed for redemption, plus accrued interest to the redemption date.

 

Roll call vote: all voted yes; motion carried.

 

Sue Burger and Jeff Stremick with Checkrite of Minot; Minot Chamber of Commerce President John MacMartin; 1^st Minot Management Property Manager Bob Horvath; Annette Kniffen with Tuff Trucks; SRT Billing Supervisor Paul Gillund; Dene Karna from Makoti; Property Manager Matt Watne; Assistant State's Attorney Mark Flagstad; and R. Larson appeared regarding the State's Attorney NSF check policy. After much discussion it was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to direct the State's Attorney to meet with the merchants again within the next two weeks to try and resolve concerns that the merchants have with the NSF check policy; and report back to the Commissioners at the May 5 meeting with an agreement regarding the policy. Roll call vote: all voted yes; motion carried.

 

At 11:19 a.m. the Board recessed for the Social Service Board meeting.

 

At 11:49 a.m. the Board reconvened with all members present.

 

Smestad presented items for information and action.

 

It was moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the following correspondence: US HUD – Boys & Girls Ranch Environmental Clearance to release funds; Dept. of Air Force – environmental assessment on proposal to establish additional B-52 squadron; NDIRF – conferment of benefits; Clemetson Food Productions – meals to jail; ND Assoc. of Oil & Gas Producing Counties – truck permitting meeting; and Public Sector Personnel Consultants – salary study report. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to remove the following motion from the table: “that the Board hereby approves the action of the County Auditor/Treasurer in the issuance of a duplicate county tax deed to:

Roll call vote to table: all present voted yes; motion carried.” Roll call vote to remove from table: all voted yes; motion carried.

 

It was then moved by Comm. Erickson, seconded by Comm. Fjeldahl that the Board hereby approves the action of the County Auditor/Treasurer in the issuance of a duplicate county tax deed to:

 

Name of Purchaser                    Description                                                  Price & Terms

Don Knatterud                           S40’ of Lots 5 & 6 Block 22                          $1,286.53 – cash

KM20006.220.006.2                   Tolleys Plat, Kenmare City

 

Roll call vote: all voted yes; motion carried.

 

It was then moved by Comm. Erickson, seconded by Comm. Nybakken that the Board hereby approves the action of the County Auditor/Treasurer in the issuance of a duplicate county tax deed to:

 

Name of Purchaser                    Description                                                  Price & Terms

Darwin & Deanna Manz              Tolley’s 1^st Addn Lot 3 Block 12                    $7,100.00 – cash

KM18007.120.003.0                   Kenmare City

 

Roll call vote: all voted yes; motion carried.

 

With Hovarth again appearing, discussion was held on the Emerson Apartment building. It was moved by Comm. Fjeldahl, seconded by Comm. Christianson to advertise the Emerson Apartment building for sale on bid, with the right to reject any and all bids. Roll call vote: Comms. Fjeldahl, Christianson, and Nybakken voted yes, Comms. Gruenberg and Erickson voted no; motion carried. The Board then set June 16^th at 9:10 a.m. for opening of the bids.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file the monthly reports, including financial reports. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to receive and file the annual department reports. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve requests from Grace Simonson and Dwight Ormiston for replacement of warrants assumed lost, mutilated, defaced or destroyed. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to authorize the Chairman’s signature on a construction and maintenance agreement, right of way certification letter, utility certification letter and amendment on Project STM-SC-5153(056) – Ward County CMC 5153 from US 2 north and 2 miles north of Bendict, ND for bituminous seal coat and fog coat for 26.021 miles. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve a budget amendment to increase the technology purchase/maintenance agreement by $32,000 to cover the balance of unpaid software for taxing and special assessment programs with the funds to come from the 2008 General fund carryover. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following 2009-2010 gaming site authorization requests:

                                                                                                 Proposed

                      Applicant                                                             Gaming Site

                      Fraternal Order of Eagles                                       Nodak Speedway

 

                      Minot Hockey Boosters                                         Foxden

 

                      Minot VFW Club                                                   Minot VFW Club

 

                      NDAD                                                                  Grainhopper

                      NDAD                                                                  Bingorama

 

                      Minot Hockey Boosters                                         Speedway

 

Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve a Sunday Event Alcoholic Beverage Permit for the New Northern Lights Supper club, Inc. dba Foxden for remaining Sundays in 2009 serving liquor, beer and wine, on and off sale. Roll call vote: all voted yes; motion carried.

 

It was moved by Comm. Gruenberg, seconded by Comm. Erickson to cast Ward County’s votes for Ron Krebsbach for the North Dakota Insurance Reserve Fund Board of Directors. Roll call vote: all voted yes; motion carried. Comm. Erickson will be attending the meeting to represent Ward County.

 

With Personnel Director Colleen Houmann and R. Larson appearing it was moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the following change to the employee policy manual:

Department Heads seeking to fill vacant positions internally, shall post the positions within all County departments, prior to advertising to the general public.

Roll call vote: all voted yes, except Comm. Christianson who voted no; motion carried.

 

With R. Larson appearing again for comment, it was moved by Comm. Nybakken, seconded by Comm. Erickson to authorize the Chairman’s signature on the following Memorandum of Understanding between the City of Minot and Ward County in the application for Justice Administration Grant:

 

This Agreement is made and entered into this 4^th day of May, 2009, by and between the COUNTY of Ward, acting by and through it’s governing body, the Commissioners hereinafter referred to as COUNTY, and the CITY of Minot, acting by and through it’s governing body, the City Council, hereinafter referred to as CITY, both of Ward County, State of North Dakota, witnesseth:

 

WHEREAS, this Agreement is made under the authority of this MOU.

 

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and

 

WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and

 

WHEREAS, the CITY agrees to provide the COUNTY with a share of the equipment and overtime moneys from the JAG award for the 2009 Joint Program; and

 

WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG fund.

 

NOW THEREFORE, the CITY and COUNTY agree as follows:

 

 

CITY and COUNTY agree to expend $236,412.00 for law enforcement equipment to prevent or reduce crime and violence. City of Minot allocation is for $201,517.00 and Ward County is for $34,895.00

 

 

Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

 

 

The parties to this Agreement do not intent for any third party to obtain a right by virtue of this Agreement.

 

 

By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

 

Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following application for payroll amendment: Tara Olson – Social Worker III – Social Services – Level 11 (new hire.) Roll call vote: all voted yes; motion carried.

 

With Houmann again appearing, the Board discussed the possibility of an addition of single plus dependent coverage to the current health plan.  It was moved by Comm. Erickson, seconded by Comm. Fjeldahl for Ward County to inform NDPERS that Ward County is not interested in having a single plus dependent health plan. Roll call vote: all voted yes, except Comm. Christianson who voted no; motion carried.

 

The Board discussed the legislative wrap-up meeting in Bismarck on May 11.

 

Comm. Fjeldahl informed the Board of a request that he had received regarding changing the meeting times to evening so that more public could attend. Chairman Christianson requested that the topic be placed on the May 19^th agenda for further discussion.

 

At 1:04 p.m. with no further business it was moved by Comm. Gruenberg, seconded by Comm. Erickson to adjourn. Motion carried and meeting was adjourned.

 

ACCEPTED AND APPROVED THIS 5^th DAY OF MAY, 2009.

 

s/ Bruce I Christianson, Chairman

Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad, Auditor/Treasurer

Ward County