July 6, 2010 Regular meeting minutes

 

 

 

Minutes of the Board of Ward County Commissioners

July 6, 2010

 

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

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the agenda with additions.  Roll call vote: all voted yes; motion carried.

 

Moved by comm. Nybakken, seconded by Comm. Erickson to approve the minutes of the June 15, 2010 regular meeting, June 15, 2010 Board of Equalization, June 18, 2010 special meeting and June 24, 2010 Highway Committee meeting. Roll call vote: all voted yes; motion carried.                   

 

Smestad presented the bills.  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the 2010 Social Welfare bills in the amount of $48,472.78 and regular bills in the amount of $1,640,558.80. Roll call vote: all voted yes; motion carried.

 

At 9:06 a.m., Vice Chairman Gruenberg opened a public hearing for the Beaver Ridge LLC bond issue.  Bruce Walker, representing the Beaver Ridge LLC, appeared commenting on the nature and time frame of the project.  No one else appeared to speak for or against the issue. 

 

At 9:10 a.m. Vice Chairman Gruenberg adjourned the public hearing. 

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following resolution:

 

Resolution Authorizing the Issuance of Recovery Zone Facility Revenue Bonds

(Beaver Ridge LLC Project)

Under Chapter 40-57 NDCC and Authorizing the Preparation of Necessary Documents Therefor

 

            Be It Resolved, by the Board of County Commissioners of Ward County, North Dakota (the “County”), as follows:

 

            This Board, by Resolution duly adopted on June 1, 2010, called a public hearing on a proposal that the County issue revenue bonds under the Municipal Industrial Development Act of 1955, North Dakota Century Code, Chapter 40-57, in order to finance the hereinafter described Project, the amount of the Bond issue being $5,000,000, or such lesser amount as is necessary to finance the construction and equipping of the Project.

           

            Section 1.         Policy and Purpose

 

            1.01.     For the purpose of promoting, attracting, encouraging, and developing an economically sound commerce, preserving and developing a tax base adequate to finance necessary public services, and encouraging employment opportunities for the citizens of the County, the County is authorized by Chapter 40-57, North Dakota Century Code, to issue revenue bonds of the County and to loan the proceeds to a revenue producing enterprise to provide financing for real property, buildings and equipment.

 

            1.02.     The County has received from the Industrial Commission of North Dakota an allocation of Recovery Zone Facility Bonds in the amount of $5,000,000 which may be used to finance privately owned projects within a “recovery zone”.  The County Commission, by resolution adopted June 1, 2010, designated the Renaissance Zone in the City of Minot as a recovery zone pursuant to Section 1400U-1 of the Internal Revenue Code of 1986, as amended.

 

            1.03.     Beaver Ridge, LLC, a North Dakota limited liability company (the “Company”), has requested the County to issue its Recovery Zone Facility Revenue Bonds (Beaver Ridge, LLC Project) Series 2010 (the “Bonds”) in an amount not to exceed $5,000,000, for the purpose of financing the construction and equipping of approximately 51,628 square foot, 4-story retail, commercial and residential rental facility and functionally related facilities located at 120 11^th Ave NW, Minot North Dakota (the “Project”).  The Project is presently estimated to cost approximately $6,514,000.

 

            Section 2.         Findings

 

            2.01.     A public notice setting forth the nature of the Project and the date and time of a public hearing on the Project was published according to law, and the public hearing has been held according to law.

 

            2.02.     Following the public hearing, it appears the issuance of the Bonds to finance the Project is in the public interest and any competitive nature and impact and effect of the issue upon existing industry and business will not result in an unfair advantage for the proposed Project to the substantial detriment of existing enterprises.

 

            Section 3          Approval and Authorization

           

            3.01.     Subject to the mutual agreement of the County, the Company, and the purchase of the Bonds as to the details of the Bonds, the Loan Agreement, and other documents necessary to evidence and effect the financing of the Project, the issuance of the Bonds, in one or more series, in an amount not to exceed $5,000,000, is hereby approved and authorized to finance the Project.

 

            3.02.     Neither this commitment nor any actions, agreements, or legal matters related hereto or executed in pursuance hereof, shall in any manner or form create an indebtedness or liability of the County.

 

            3.03.     Federal legislation has imposed a cap or limit on the amount of Recovery Zone Facility Bonds which may be issued by the County.  The County hereby reserves an allocation of up to $5,000,000 of its Recovery Zone Facility Bond volume limit to the Company for the Project.  The reservation shall be for a period ending December 31, 2010.

 

Roll call: all voted yes; motion carried.

 

Kay Olson, Douglas City Park Board, appeared to request permission to temporarily close a portion of County Road 13 to hold a street dance on August 21^st for fund raising purposes.  The Park Board has agreed to install detour signs for the duration of the closing.  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approved closing County Road 13 on Main Street in Douglas on August 21^st for approximately 12 hours contingent on the Sheriff’s approval.  Roll call: all voted yes; motion carried.

 

Engineer Larsen then appeared.  He presented several informational items to the Board including a 2010 project update, repairs to County Roads 9 & 14, road damage from the 2010 flood waters, the rising Douglas Lake, and the beginning of mowing season.  Larsen also talked briefly on Right of Way Encroachment and was instructed to draft a policy regarding the encroachment and present it at the next highway committee meeting.

 

Vice Chairman Gruenberg then brought up and expressed his views on the Pro Tank issue.  Comm. Fjeldahl also expressed his views.  It was moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to accept the recommendation from the Highway Committee meeting which requires Pro Tank Products to pay for road upgrades in the amount of $550,000 and Ward County pay $110,000 for the engineering work for the upgrades.  Roll call: all voted yes; motion carried.

 

Director of Tax Equalization Mike Vendsel appeared.  Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the following: 19 applications for abatement or corrections of errors of assessment; 1 individual who qualifies for renaissance zone exemption; 6 individuals who qualify for 2-yr construction exemption; 10 individuals who no longer qualify for exemptions due to newly purchased properties; 7 individuals who qualify for various exemptions; and 4 individuals who qualify for homestead credit.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the special use permit request by Donald & Marcia Jessen to construct a 25 unit campground in Sec 23-156-84, along Ward County Road 15, contingent upon the plat approval.  Roll call: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approved the plat application from Donald Tank for the following described property: Outlot 1 of SESE and SESW, Sec 34-157-83, Waterford Township and the plat application from Brenda Beck, on behalf of Phil Lowe, for the following described property: Outlot 4 of W2 of NWNW, Sec 11-154-82, Sundre Township.  Roll call: all voted yes; motion carried.

 

With Vendsel still present, discussion then took place about a recommendation from the Planning Commission regarding creating a new staff position for County Zoning Administration, Building Inspection, and Flood Zone Administration. Engineer Larsen appeared for comment.  The Board asked Vendsel to forward the request to the Personnel Committee and collaborate with Human Resources to create a job description and determine salary ranges. 

 

Emergency Manager Al Reynolds appeared.  Information was presented on the 2009 Homeland Security Grant Award which is dedicated to reprogramming all first response and supporting agency radios to meet State requirements. Moved by Comm. Nybakken, seconded by Comm. Erickson to authorize the Chairman to sign the 2009 Homeland Security Grant Award in the amount of $63,180 with a 10% agency match.  Roll call: all voted yes; motion carried.

 

Reynolds also provided the Board with updates on the 2009 and 2010 Flood Recovery.  It was moved by Comm. Fjeldahl, seconded by Comm. Nybakken to receive and file the report submitted by the Emergency Manager detailing the 2009 Homeland Security Grant Award and the Flood Recovery efforts.  Roll call: all voted yes; motion carried.

 

IT Administrator Jason Blowers appeared with an IT update including the Courthouse Network and Phone upgrade proposals, Installation of public access wireless internet throughout the Courthouse, computer updates due to a Gates Grant, and the Computer Hardware & Software Inventory Management Policy.  Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to forward the Computer Hardware & Software Inventory Management Policy on to the Personnel Committee for review.  Roll call: all voted yes; motion carried.

 

Discussion then took place regarding Building Space needs.  Smestad presented a building costs chart detailing the costs associated with lease or purchase of the following building options:  River of Life Church, M Building, Trinity St Joseph’s, and the Medical Arts Building.  It also stated that per Dave Kohlman, Trinity, the Medical Arts Building is not available for lease or purchase at this time.  Smestad also presented an Amendment to the Professional Services Agreement and Rate Schedule from DLA Architects.  It was moved by Comm. Nybakken, seconded by Comm. Erickson to receive and file the Building Costs and the Amendment to the Professional Services Agreement and Rate Schedule from DLA Architects and forward those to the Space Needs Special Meeting to be held on July 15^th, 2010 at 9:00 a.m.  Roll call: all voted yes; motion carried.     

 

Smestad then presented items to the Board. 

 

Moved by Comm. Fjeldahl, seconded by Comm. Erickson to receive and file the following correspondence: The PFM Group – Results of sale; Cobalt Community Research – Webinar invitation; Arnold Semchenko & Carolyn Stair – Deterioration of road; SWCA – Environmental assessment; Industrial Commission of North Dakota – Beaver Ridge LLC project bonds; NDDOT – Plan of action on unknown foundation structures; DelRae Zimmerman and others – request for online property tax records; ND County Commission Association – Standing committee nominations; ND Dept of Emergency Services – 911 fee structure increase; Richard & Teresa Kjellberg – County Rd 5 W. Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Nybakken to nominate Comm. Fjeldahl for the Legislative Committee of the North Dakota County Commissioners Association Standing Committees. Roll call: all voted yes; motion carried.

 

Engineer Larson briefly appeared for comment regarding the correspondence referencing the condition of roads in Beaver Creek Addition.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve the following requests for duplicate warrants: Vickie Fetzer in the amount of $37.00; Lee & Clara Vigstol in the amount of $300.00; and Sarah Thom in the amount of 225.00. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following request for event permit: Minot VFW Club on July 9, 2010 from 12 Noon to 1:00 a.m. for an anniversary party. Roll call: all voted yes; motion carried.

 

The Board then set interviews for the Park Board vacancy for July 15^th at 8:30 a.m.  There are currently two applicants interested. 

 

Moved by Comm. Gruenberg, seconded by Comm. Nybakken to appoint Maurice Foley to an unexpired term, through December 31, 2010, for the Ward County Water Resource Board. Roll call: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to submit application to the Kenmare Community Development Corp for funds to demolish a county owned property located on Lot 4, Block 7, Tolley’s Plat Addition to Kenmare City.  Roll call: all voted yes; motion carried.

 

Discussion was held on a GPT Infrastructure Fund Allocation Policy and applications for townships and schools to obtain funding from the infrastructure fund. States Attorney Larson and Engineer Larsen appeared for comment.  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to set a public hearing, per State’s Attorney recommendation, regarding the GPT Infrastructure Fund Allocation Policy for August 3^rd, 2010.  Roll call: all voted yes; motion carried.

 

Smestad asked for 2011 budget input and reviewed the salary market survey results for 1/3 of the benchmarked positions.  Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the following recommendation from the Personnel Committee regarding minimum and maximum salary increases: After moving into the proper range, the employee must be moved to the minimum in that range. If they fall above minimum, they would get a 1% pay increase per range moved with a maximum of a 5% increase between market value and merit. Roll call: all voted yes; motion carried.

 

The Board then recessed at 11:11 a.m. and reconvened at 11:21 a.m.

 

Smestad addressed questions from the 2009 Audit Report regarding County investments and the County’s liability for leave time.

 

Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to approve the following application for payroll amendment: Keely Brown – Juvenile Detention Officer – Juvenile Detention – Level 9 (new hire); 9 Security officers for Thunder Mountain Rockfest at $28/hour; and 6 Dispatchers for Thunder Mountain Rockfest at $23/hour. Roll call: all voted yes; motion carried.

 

At 12.37 p.m., with no further business, Vice Chairman Gruenberg adjourned the meeting.

 

ACCEPTED AND APPROVED THIS 20^TH DAY OF JULY, 2010.

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County