October 9, 2009 Special Meeting Minutes

Minutes of the Ward County Board of Commissioners

October 9, 2009

 

A special meeting of the Ward County Board of Commissioners was called to order at 12:00 p.m. by Chairman Christianson with Comms. Fjeldahl, Erickson and Nybakken present. Also present were Auditor/Treasurer Devra Smestad and State’s Attorney Roza Larson.

Chairman Christianson stated that the purpose of the meeting was to reconsider resolutions to the 2010 budget due to errors in publication.  State’s Attorney Larson appeared to provide legal guidance.  According to N.D.C.C. 11-23-03, estimates of expenditures and tax levies must be published explicitly in the legal notice.  Upon re-reading the notice that was published, the tax levy amounts were not clear and she advised reconsideration of the 2010 budget resolutions.

 

At 12:12 p.m., Commissioner Gruenberg joined the meeting.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to reconsider Motion No. 3 of the 2010 budget.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Nybakken to reconsider Resolution 2 of the 2010 budget.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to reconsider Resolution 1 of the 2010 budget.  Roll call vote: all voted yes; motion carried.

 

Moved by Comm. Fjeldahl to amend the preliminary budget.  Motion died due to lack of second.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to rescind the 2010 preliminary budget which was initially published September 1, 2009.  Roll call vote: all voted yes; motion carried.

 

The preliminary budget was presented by Auditor/Treasurer Smestad.  Moved by Comm. Fjeldahl to amend the budget to remove $300,000 from County Building Repairs and Improvements line item.  Motion died due to lack of second.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the preliminary budget as presented October 9, 2009.

 

Jim Lee appeared regarding the preliminary budget and asked to be heard before the roll call vote was taken.  His concern was that the budget dollar amounts would be increased which cannot be done once the preliminary budget is approved.  Chairman Christianson stated that the preliminary budget had been rescinded earlier in the meeting so this is no longer a concern.

 

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

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to set a public hearing on the 2010 budget for 9:00 a.m. on October 20, 2009.  .  Roll call vote: all voted yes; motion carried.

 

Auditor/Treasurer Smestad then presented the new format for budget publication.  State’s Attorney Larson provided feedback.  Smestad was given direction to republish the budget using the revised format.

 

At 12:47 p.m. it was moved by Comm. Erickson, seconded by Comm. Fjeldahl to adjourn. Motion carried and meeting was adjourned.

 

ACCEPTED AND APPROVED THIS 20TH DAY OF OCTOBER, 2009.

 

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County