August 3, 2010 Regular meeting minutes

Minutes of the Board of Ward County Commissioners

August 3, 2010

 

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, Emergency Manager Al Reynolds, Tax Equalization Director Mike Vendsel, Highway Engineer Dana Larsen, and State’s Attorney Roza Larson & Assistant State’s Attorney Robert Slorby. 

 

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

 

Comm. Fjeldahl discussed the salary range recommendations from the Personnel Committee. HR Coordinator Colleen Houmann appeared for comment.  Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the minutes of the July 20, 2010 regular meeting. Roll call: all voted yes; motion carried.

 

Auditor Devra Smestad presented the bills. Dana Larsen appeared to comment on the completion percentage of the 55^th Street project. Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the 2010 Social Welfare bills of $56,753.67 and the regular bills in the amount of $542,135.73. Roll call vote: all voted yes; motion carried.

 

At 9:18 a.m., Chairman Christianson opened a public hearing on a request for a moving permit from JoAnne Rademacher.  Director of Tax Equalization Mike Vendsel appeared for comment. With no one else appearing either for or against the permit, it was moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to close the public hearing and approve a moving permit for JoAnne Rademacher to move a one story structure from Section 29 of Kirkelie Township to her farm located at 15101 125^th Ave NW in Kirkelie Township.  Roll call: all voted yes; motion carried.  The hearing was closed at 9:20 a.m.

 

At 9:20 a.m., Chairman Christianson opened a public hearing on a request for a moving permit from Kyle Beck.  Director of Tax Equalization Mike Vendsel appeared for comment. With no one else appearing either for or against the permit, it was moved by Comm. Nybakken, seconded by Comm. Erickson to close the public hearing and approve a moving permit for Kyle Beck to move a one story residence from 506 John Street in Rolette to Outlot 4 of Section 11-154-82, Sundre Township.  Roll call: all voted yes; motion carried.  The hearing was closed at 9:21 a.m.

 

Brian Osowski of Osowski Business Consulting appeared to request Ward County expand its Recovery Zone to include the entire county and not just the Renaissance Zone.  Comm. Nybakken and Comm. Fjeldahl both commented.  It was moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following resolution designating all of Ward County as a Recovery Zone: 

 

WHEREAS, the American Recovery and Reinvestment Act of 2009 (“ARRA”) added Sections 1400U-1 through 1400U-3 to the Internal Revenue Code of 1986 (the “Code”) authorizing State and local governments to issue Recovery Zone Bonds until December 31, 2010; and

 

WHEREAS, Recovery Zone Bonds provide tax incentives for State and local governmental borrowing at lower interest cost to promote job creation and economic recovery that is targeted to areas particularly affected by employment declines; and

 

WHEREAS, Section 1400U-1 of the Code imposes a national volume limitation of $10 billion for Recovery Zone Economic Development Bonds and $15 billion for Recovery Zone Facility Bonds of which certain counties in North Dakota were allocated $90,000,000 for Recovery Zone Economic Development Bonds and $135,000,000 for Recovery Zone Facility Bonds; and

 

WHEREAS, Section 1400U-1(a)(3)(A) of the Code provides that a county may waive any portion of a volume cap allocation and that the State of North Dakota is authorized to reallocate the waived volume cap in any reasonable manner as it shall determine in good faith in its discretion; and

 

WHEREAS, Recovery Zone Economic Development Bonds may generally be used to finance public projects or working capital expenditures that promote development or other economic activity in a “recovery zone” and Recovery Zone Facility Bonds may generally be used to finance private projects within a designated “recovery zone”; and

 

WHEREAS, Section 1400U-1(b) of the Code defines a “recovery zone” to mean:

(1) any area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures or general distress,

(2) any area designated by the issuer as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990, and

(3) any area for which a designation as an empowerment zone or renewal community is in effect; and

 

WHEREAS, the County may make the designation of a recovery zone in any reasonable manner as it shall determine in good faith in its discretion; and

 

WHEREAS, the County by resolution adopted June 1, 2010, designated the Renaissance Zone in the City of Minot as a recovery zone; and

 

WHEREAS, Ward County has previously requested an allocation from the Industrial Commission of North Dakota and has received an allocation of $5,000,000 of Recovery Zone Facility Bonds which was waived by Cass County; and

 

WHEREAS, the County finds that it is necessary to expand the recovery zone to provide incentives to promote job creation and economic recovery within the County;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Ward County, North Dakota, as follows:

 

Section 1. Designation of Recovery Zone. The Board of County Commissioners finds that general distress exists throughout the County and therefore all of Ward County, North Dakota is designated as a “recovery zone” within the meaning of Section 1400U-1(b) of the Code.

 

Section 2. Allocation of Volume Cap. The Ward County volume cap shall be allocated as directed by the Board of County Commissioners.

 

Roll call: all voted yes; motion carried. 

 

Highway Engineer Dana Larsen appeared to present three items. Moved by Comm. Fjeldahl, seconded Comm. Gruenberg to disburse funds to the townships that meet the oil impact road criteria for reimbursement. Roll call:  all voted yes; motion carried.

 

Next, Larsen presented a request from Bottineau County.  Moved by Comm. Erickson, seconded by Comm. Fjeldahl to approve Bottineau County’s rental of mill machine. Roll call:  all voted yes; motion carried.

 

Finally, Larsen presented an update on construction and FEMA projects.

 

Clara Pister appeared with a request to lower the purchase price of Lots 1 & 2 in Wolseth Township.  Pister requested a reduction in the purchase price of lots 1 & 2. Her concern being the cleanup costs will be greater than the purchase price.  Smestad and Larsen both commented.  Chairman Christianson asked State’s Attorney to further research the issue in regards to contacting the original owner, reducing the minimum cost in mid-year, having to advertise, etc.  Comm. Fjeldahl moved, seconded by Gruenberg, to table the issue until the Aug 17, 2010 meeting.  Roll call:  all voted yes; motion carried.

 

Vendsel appeared again. By movement from Comm. Gruenberg, seconded by Comm. Erickson, a full and complete copy of which is available for review in the office of the County Auditor, the Board approved the following:  11 applications for abatement of taxes and/or corrections of errors of assessments and two applications for disabled veteran’s credit.  Roll call: all voted yes: motion carried.

 

Emergency Manager Al Reynolds appeared.  Moved by Comm. Nybakken, seconded by Comm. Erickson to accept Al Reynolds as a designated applicant agent for the Department of Emergency Services and Devra Smestad as the alternate. Roll call: all votes yes; motion carried.

 

Comm. Gruenberg requested clarification from Reynolds regarding radio bandwidth capability for small communities in the county.  Reynolds stated 911 funds cannot be used to purchase radios, and that all radios in the county have narrow band capability. 

 

Smestad reported on the Advisory Study Committee.  No action was taken in regards to the proposed new position of Grant Writer/Researcher.  Chairman Christianson stated there was strong consideration for the County Administrator position.  Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to put the salary amount in the budget for reconsideration. Roll call:  all voted yes; motion carried.

 

Chairman Christianson commented the second IT position was moving forward in the right direction. Vendsel commented on the need for separation of duties between the city and county Assessor/Building Inspectors.   Larsen commented about city/county Public Works.   The space needs are being addressed at the next meeting on August 6, 2010.  Concerns on some roads will be researched and the commission passed a resolution for Hwy 23 several months ago.  With no further discussion, the Advisory Study Committee report is now final.

 

Smestad then presented items to the Board.

 

Moved by Comm. Nybakken, seconded by Comm. Erickson to receive and file the following correspondence: Professional Veterans Advocates of North Dakota – training; City of Minot – annexations (6).  Roll call: all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the application for Raffle Permit for Saron Lutheran Church, the application for Raffle Permit for St. Mary’s Church, the application for Event Permit for VFW on August 7, 2010 for 50^th Anniversary celebration; and the application for Event Permit for VFW on August 15, 2010 for Sunday On & Off Sale – Beer & Liquor.  Roll call:  all voted yes; motion carried.

 

Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to advertise for two State Fair Association appointments and to approve the request for duplicate warrant from Oyetunde Syombade in the amount of $25.00. Roll call: all voted yes; motion carried.

 

Larsen reappeared and commented on the North Dakota State Water Commission (NAWS) construction bid, stating refill would be classified as utility permit, not easement.  Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to allow NAWS to use an open trench cut for their pipe installation since construction was near an unimproved bike path and fell under the rules of recompact. Roll call:  all voted yes; motion carried.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve the following application for payroll amendment: Lawrence Zimmer – Seasonal Mower/Maintenance for the Highway Department at a Level 9 (new hire).  Roll call: all voted yes; motion carried.

 

Smestad stated she will arrange registration and hotel rooms for the upcoming NDACO convention from Oct 10-13, 2010.  Dana Larsen will be the county delegate.

 

Moved by Comm. Erickson, seconded by Comm. Nybakken to approve a budget amendment request in the amount of $101,540.00 to cover the jail elevator project expense, with $46,000 from General Fund – Building Improvement account.   Roll call: all voted yes; motion carried.

 

Comm. Fjeldahl readdressed his concerns with the Personnel Committee’s salary range recommendations.  Moved by Comm. Fjeldahl, seconded by Comm. Gruenberg to not approve the paragraph in the July 20, 2010 minutes regarding the range changes. Comm. Fjeldahl stated he would like the Commissioners to have an actual report with numbers showing how the changes will affect the tiers above. Roll call: Comms. Fjeldahl and Gruenberg voted yes, Comms. Christianson, Erickson and Nybakken voted no; motion declined.

 

Chairman Christianson commented that Dave Shelkey respectfully declined his appointment to the Berthold Planning Commission and another candidate would have to be sought.

 

It was noted the meeting for Ward County space needs will be on August 6, 2010 at 9:00am.

 

At 11:15am with no further business, the meeting was adjourned.

 

s/ Bruce I Christianson

Chairman, Ward County Board of Commissioners

 

ATTEST:

s/ Devra Smestad

Auditor/Treasurer, Ward County