October 20, 2009 Regular meeting minutes

Minutes of the Board of Ward County Commissioners

October 20, 2009

 

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.

 

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

 

At 9:03 a.m., Chairman Christianson opened a public hearing regarding the 2010 Budget.  The following appeared: Lynn Martin of rural Ward County; Dan Deaver, Ward County Farm Bureau President; James Lee of Max, ND.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson that the public hearing be adjourned.  Roll call vote: all voted yes; motion carried.

 

At 9:17 a.m., Chairman Christianson adjourned the public hearing and reconvened the regular meeting with all members present.

 

Moved by Comm. Erickson, seconded by Comm. Gruenberg to approve the minutes of the October 6, 2009 regular meeting and the October 9, 2009 special meeting. Roll call vote: all voted yes; motion carried.

 

Smestad presented the bills. It was moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the regular bills totaling $600,142.00. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve Social Welfare bills totaling $49,369.23 and Human Service bills totaling $46,783.82.  Roll call vote: all voted yes; motion carried.

 

County Engineer D. Larsen appeared to request permission to advertise for bids on equipment including three motorgraders and one ¾ ton survey vehicle.  Moved by Comm. Gruenberg, seconded by Comm. Erickson to authorize Larsen to advertise the call for bids.  Roll call vote: all voted yes; motion carried.

 

Larsen then reported on the October 16th walk-through of the Emerson Building.  The tenants had all vacated and the building was secured.  Arrangements were made to have the utilities, with the exception of electricity, turned off.  Repairs must be made to the water curb stop in order to turn off the water.  During the walk-through, the asbestos inspector took samples and found that there may be less asbestos than originally anticipated.  Samples were sent for testing.  The report should be available by the November 3rd Commissioners meeting.

 

At 9:32 a.m., Chairman Christianson opened a public hearing for the second reading of Resolution 3-2009 Property Tax Exemption on New Single Family, Condominium and Townhouse Residential Property.  No one appeared to speak for or against the resolution.  Moved by Comm. Erickson, seconded by Comm. Nybakken to close the hearing.  Roll call vote: all voted yes; motion carried.

 

At 9:40 a.m., Chairman Christianson adjourned the public hearing and reconvened the meeting with all members present.  Moved by Comm. Nybakken, seconded by Comm. Erickson to approve Resolution 3-2009 on second reading.

 

RESOLUTION #3-2009

 

Property Tax Exemption on New Single Family, Condominium, and Townhouse Residential Property

 

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

 

WHEREAS, the Board of Commissioners as the governing body of Ward County is empowered by N.D.C.C. 57-02-08(35) to exempt from taxation up to $150,000.00 of the true and full value of new single-family, condominium, and townhouse residential property, exclusive of the land on which it is situated, in Ward County outside city limits for the first two taxable years after the taxable year in which construction is completed and the residence is owned and occupied for the first time, and

 

WHEREAS, the Board of Commissioners may limit or impose conditions upon exemptions under N.D.C.C. 57-02-08(35), and

 

WHEREAS, the Board of Commissioners reserved the right to amend or rescind Resolution #1-2009 at any time and N.D.C.C. 57-02-08(35) 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 adopt a resolution pursuant to N.D.C.C. 57-02-08(35) for Ward County property outside city limits to bring the resolution into compliance with applicable state law.

 

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 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 completed and the residence is owned and occupied for the first time, and all of the conditions set out in N.D.C.C. 57-02-08(35)(b) are met.

 

BE IT FURTHER RESOLVED, that this amended resolution is effective for taxable years beginning after December 31, 2008.

 

BE IT FURTHER RESOLVED, that pursuant to N.D.C.C. 57-02-08(35) 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. Nybakken, Erickson and Christianson voted yes; Comms. Fjeldahl and Gruenberg voted no; motion carried.

 

Ebel Integrators founder Dana Ebel appeared to discuss his business and the services they offer.

 

Thunder Mountain Rockfest organizer, Stacey Hanson, appeared to answer questions regarding the liquor license application and event permit request which were both approved by the State’s Attorney and Sheriff’s Office.  She provided information on traffic control, the show area and measures that will be taken to prevent underage drinking at the event.  Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the liquor license application.  Roll call vote: all voted yes; motion carried.  Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the event permit to be held July 7-10, 2010 in the East half of the SW quarter and the West half of the SE quarter lying east of the highway less the highway and Outlots 1-4 of Section 2-153-81, Sawyer Township.  Roll call vote: all voted yes; motion carried.

 

Director of Tax Equalization, Mike Vendsel then appeared.  It was moved by Comm. Gruenberg, seconded by Comm. Nybakken, to approve the following a full and complete copy of which is available for review in the office of the County Auditor: nine additions to the tax rolls of properties purchased from a tax exempt entity; two applicants for disabled veteran’s exemption; one mobile home to be removed from tax roll due to moving out of Ward County.  Roll call vote: all voted yes; motion carried.

 

Mr. Vendsel then presented four plats recommended for approval by the Planning Commission.  It was moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the following plat applications: Craig Johnson, Outlots 4 and 5 of Outlots 1 and 3 and an Unplatted Portion of the NENE Section 22-154-81; Jerome Walsh, Outlot 5 of NE of Section 30-156-82; Jerome Walsh, Outlot 6 of NE Section 30-156-82; Dave McQueen, Outlot 2 of SESE Section 21-151-81.  Roll call vote: all voted yes; motion carried.

 

State’s Attorney Roza Larson appeared to request approval of overtime pay for support staff.  There is a backlog of fingerprint cards from 2003 to the present which must be processed and sent to BCI.  Moved by Comm. Erickson, seconded by Comm. Nybakken to approve overtime pay up to $2,158.60 for State’s Attorney support staff.

 

Sheriff Vern Erck appeared to present a 90-day report on Courthouse Security.  Mike Rose of the NDSU Extension Service, Chris Meyers of Juvenile Court, Gloria Maragos of Juvenile Court, Allison Hughes of Juvenile Detention and Carolyn Woolf of Court Administration appeared for comment.  They feel NDSU Extension Service and Juvenile Court employees can be much more efficient if granted an exemption to use the east door of the Courthouse.  Moved by Comm. Nybakken, seconded by Comm. Erickson to refer policy back to Courthouse Security Committee and request they report at the November 17 or December 1 Commissioners meeting.  Roll call vote: all voted yes; motion carried.

 

Smestad then presented items to the Board.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to receive and file the following correspondence: Dept of the Air Force - Environmental Assessment; Surrey Public School - Dakota Midland Grain property tax incentive; One Source Lighting - introduction to their company; City of Minot - 2 annexations; Virginia Blanco – International Swine Flu Conference; NDSU – Security policy; SWCA Environmental Consultants – BIA Environmental Assessment. Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the monthly reports including financial reports and approve the following application for duplicate warrant in replacement of warrants assumed lost, mutilated, defaced or destroyed: Jeffrey & Rhonda Anthony in the amount of $55.00.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve Quit Claim Deed for City of Douglas.  Chairman Christianson noted errors on the deed.  Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to table the deed until corrected.  Roll call vote to table: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the Park Board budget amendment to increase the 2009 budget by $19,650 from funds received from the Water Resource Board for maintenance.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Fjeldahl to sponsor the Kenmare Scenic Trail Committee for the ND DOT Transportation Enhancement Program grant application and authorize Chairman Christianson to sign the application.  Roll call vote: all voted yes; motion carried.

 

Smestad requested direction regarding payments to NRG for the County’s IT support contract.  Chairman Christianson directed her to make the October payment but hold the November payment until the 290.25 hours are used up. Moved by Comm. Erickson, seconded by Comm. Gruenberg to ask NRG for an explanation in writing regarding the shortage of hours for the County’s full-time IT support contract. 

 

Comm. Nybakken moved to recess the Commission meeting in order to hold the Social Services Board meeting.  At 11:35 a.m., the meeting was recessed.

 

At 11:56 a.m., the meeting was reconvened with all members present.

 

Smestad requested input on the questionnaire from the Industrial Commission of North Dakota regarding Recovery Zone Economic Development and Recovery Zone Facility Bonds.  Chairman Christianson advised Smestad to contact Karlene Fine at the Industrial Commission to obtain more information regarding allocation of funds.

 

Smestad presented Motions 1-3 of the final 2010 budget for approval.  Moved by Comm. Nybakken, seconded by Comm. Erickson to adopt the following motion for the 2010 budget:

 

County Board................................................................................................. $109,422

County Auditor/Treasurer.................................................................................. 365,355

State's Attorney .............................................................................................. 820,670

Director of Tax Equalization .............................................................................. 192,068

District Court .................................................................................................... 73,275

County Recorder.............................................................................................. 257,760

Courthouse Janitors.......................................................................................... 179,519

Utilities & Janitorial Supplies............................................................................. 278,700

Publishing & Printing.......................................................................................... 10,500

Elections......................................................................................................... 128,000

Office Supplies & Equipment............................................................................... 43,500

Postage, etc...................................................................................................... 50,500

Annual Audit........................................................................................................ 9,700

County Board Contingency.................................................................................. 30,000

Miscellaneous General....................................................................................... 30,365

Worker Comp......................................................................................................... 800

Child Support Office Rent.................................................................................... 50,400  

 

County Sheriff.............................................................................................. $1,906,225

Jail Operations.............................................................................................. 1,759,178

County Coroner.................................................................................................. 34,000

Emergency Management Agency...................................................................... 131,512

Property & Liability Insurance............................................................................ 227,500

Domestic Violence Crisis.................................................................................... 20,000

Community Service & Restitution......................................................................... 15,100

Juvenile Detention Center.................................................................................. 282,362

Housing Juveniles/Industrial School....................................................................... 4,000

E911/Communications................................................................................................ 0

 

(District Health)

 

 

County Park.................................................................................................... $ 87,250

Library/Bookmobile.......................................................................................... 381,998

Historical Society............................................................................................... 37,500

 

Extension Agent............................................................................................. $192,869

Souris Basin Planning and RC&D........................................................................ 19,177

Weed Control................................................................................................... 241,793

 

 

 

Veterans Service Office.................................................................................... $ 93,288

Emergency Fund.............................................................................................. 160,000

County Buildings, Repairs & Improvements......................................................... 523,688

Technology purchase/maintenance.................................................................... 115,250

Township Oil Road Payments.............................................................................. 10,000

Property Tax Maintenance.................................................................................... 2,500

Nuisance Abatements.......................................................................................... 8,000

 

 

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to create a substitute motion to remove $300,000 from line item County Buildings, Repairs and Improvements which would leave $223,688.  Roll call vote: Comms. Fjeldahl and Gruenberg voted yes, Comms. Nybakken, Erickson and Christiansion voted no; motion failed.  Roll call vote on original motion: Comms. Nybakken, Erickson, Gruenberg and Christianson voted yes, Comm. Fjeldahl voted no; motion carried.

 

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

 

BE IT RESOLVED, that in accordance with the 12 month budget for 2010 for Ward County adopted this date and filed with the County Auditor/Treasurer, there be and there is hereby levied for the 12 month period ending December 31, 2010 for:

 

General Fund.............................................................................................. $3,639,707

            General Fund................................................. 2,649,546

            Social Security.................................................. 223,226

            County Agent.................................................... 192,869

            Veterans Service................................................. 93,288

            Historical Society................................................ 37,500

            Advertising & Promotion....................................... 79,136

            Comprehensive Health Insurance........................ 364,142

 

County Road Department............................................................................. $1,632,097

            Farm to Market................................... 1,592,287

            Road & Bridge........................................ 39,810

 

Poor Relief Fund.......................................................................................... $3,148,769

County Health (1^st Dist. Health Unit)................................................................... 471,040

Bookmobile – Library........................................................................................ 203,873

 

Emergency Poor........................................................................................................ 0

 

Wired/Wireless 9-1-1 Fund......................................................................................... 0

 

Emergency...................................................................................................... 149,700

County Park...................................................................................................... 49,050

Weed Control................................................................................................... 163,737

Jail Operations.............................................................................................. 1,524,380

Insurance Reserve............................................................................................ 163,026

 

 

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

Moved by Comm. Nybakken, seconded by Comm. Erickson to adopt the following motion setting the 2010 budgets and tax levies spread against the taxable property of Ward County:

 

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

Comm. Fjeldahl voiced concern regarding the County reaching its budget cap.  Auditor Smestad read a motion made at the 2/20/01 meeting to clarify which funds are included in the 85 mill cap according to the Home Rule Charter.  Comm. Fjeldahl requested Smestad research how much money would be lost if Farm to Market was reduced below 10 mills.  Jim Lee appeared for comment.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson that the following payroll amendment be approved: Angela Shaw – Social Worker III – Social Services – Level 11.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to put the Quit Claim Deed for the City of Douglas back on the table.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to approve the Quit Claim Deed as corrected.  Roll call vote: all voted yes; motion carried.

 

At 12:37 p.m., with no further business, it was moved by Comm. Nybakken, seconded by Comm. Gruenberg to adjourn the meeting.

 

ACCEPTED AND APPROVED THIS 3RD DAY OF NOVEMBER, 2009.

 

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County