June 15, 2010 Regular meeting minutes
Minutes of the Board of Ward County Commissioners
June 15, 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 Smestad, Engineer Dana Larsen and State's Attorney Roza Larson.
Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to approve the agenda with additions. Roll call vote: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Nybakken to approve the minutes of the June 1, 2010 regular meeting and June 1, 2010 Board of Equalization meeting. Roll call vote: all voted yes; motion carried.
Smestad presented the bills. Moved by Comm. Nybakken, seconded by Comm. Gruenberg to approve the 2010 Social Welfare bills of $391,333.44, Human Service bills of $55,655.23 and the regular bills totaling $732,626.11. Roll call vote: all voted yes; motion carried.
At 9:08 a.m., Chairman Christianson opened a public hearing for the Dakota Boys and Girls Ranch bond issue. State’s Attorney Roza Larson appeared to request clarification regarding the County’s liability. Attorney John Shockley from Ohnstad Twichell, P.C. appeared via conference call from Fargo. He stated that payments for the bond issue will be made directly to Wells Fargo so there will be no administrative costs for the County. No one else appeared to speak for or against the issue. Moved by Comm. Gruenberg, seconded by Comm. Erickson to close the hearing. Roll call vote: all voted yes; motion carried.
At 9:16 a.m. Chairman Christianson adjourned the public hearing.
Moved by Comm. Fjeldahl, seconded by Comm. Erickson to approve the following resolution contingent upon clarification of the County’s liability to the satisfaction of the State’s Attorney, addition of the amortization table and addition of mailing addresses for the Dakota Boys and Girls Ranch Foundation contacts and to authorize the Chairman and Auditor to sign the resolution
RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 40-57 OF THE NORTH DAKOTA CENTURY CODE
BE IT RESOLVED by the Board of County Commissioners of the County of Ward, North Dakota, as follows:
Section 1. Policy and Purpose.
1.01. For the purpose of promotion, attraction, encouragement and development of economically sound commerce, and encouraging employment opportunities for the citizens of the City, the County is authorized by Chapter 40-57, North Dakota Century Code, as amended,( the AAct@) to enter into loan agreements with non-profit corporations providing a thrift store and to loan the proceeds derived from the issuance of the bonds to the non-profit corporation to be used to pay costs of the project and providing for the repayment of the loan of the non-profit corporation.
1.02. Dakota Boys and Girls Ranch Foundation, a North Dakota non profit corporation (the ACompany@), has advised this Commission of its desire to undertake a project, at a total cost presently estimated at approximately $1,584,000, but not to exceed $2,000,000. The project to consist of a 14,000 square-foot retail thrift store located on Lot 1, Block 1, Kass Third Addition to the City of West Fargo (also known as 619 East 13th Avenue, West Fargo, North Dakota), that will employ 12 to 15 full-time and part-time employees. (collectively the AProject@).
1.03. The Project would result in the enlargement of services provided by Dakota Boys Ranch Foundation, which is located within the county resulting in, increase the level of economic activity in the County, and would provide additional employment opportunities for residents of the County. The County has been advised that with the aid of municipal financing, and the resulting lower borrowing cost, the Project would be significantly more feasible. The County is further advised that approval of municipal financing would be a significant inducement to the commencement of construction of the Project.
Section 2. Documents Presented.
Forms of the following documents have been submitted to the County:
(a) The Loan Agreement;
(c) The Mortgage; and
(e) The Bond Purchase Agreement
Section 3. Findings.
3.01. A public notice setting forth the competitive nature of the Project and the date and the time of a public hearing on the Project was published according to law. The public hearing has been held according to law.
3.02. Upon the public hearing, it appears the issuance of the Bonds 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 4. Approval and Authorization.
4.01. The County hereby approves the form of the documents set out in section 2, which set forth the essential terms of the bond transaction as required by Chapter 40-57 of the North Dakota Century Code. The documents set forth in Section 2 are authorized to be executed in the name of the County by the Chair and County Auditor, at such time, if any, as they deem appropriate, or executed or attested to by other officers of the County, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same., which approval shall be conclusively evidenced by execution thereof: and then shall be delivered to Wells Fargo.
4.02. The County is authorized to issue the Bonds in an amount not to exceed $2,000,000, in the form and upon the terms set forth in the Bond Purchase Agreement, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the interest rate on the Bonds shall be as set forth in the final form of the Bond Purchase Agreement, to be approved, executed and delivered by the officers of the County authorized to do so by this resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such rates exceed seven per cent per annum. The Chair and County Auditor, and other County officers authorized to execute the Bonds as prescribed in Bond Purchase Agreement at such time, if any, as they may deem appropriate, and to deliver them to the Wells Fargo, together with a certified copy of this resolution and other documents required by the bond purchase agreement.
4.03. The Chair and County Auditor and other officers of the County are authorized at such time, if any, as they deem appropriate, to prepare and furnish to bond counsel and the Underwriter, when issued, certified copies of all proceedings and records of the County relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the County as to the truth of all statements contained therein.
4.04. 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, and it is understood that the Bonds shall not be payable from nor charged upon any funds of the County, other than the revenues pledged to the payment thereof, and no holder of any such Bond shall ever have the right to compel any exercise of the taxing power of the County to pay any such Bonds or interest thereon, or to enforce payment thereon against any property of the County, except the Project.
4.05. The Company shall not be required to advertise for public bids on any part of the Project.
Roll call vote: all voted yes; motion carried.
Highway Engineer Dana Larsen appeared to present several items. Moved by Comm. Erickson, seconded by Comm. Gruenberg that the Highway Department be authorized to accept the low bid of Asphalt Surface Technologies Corporation (ASTECH) in the amount of $423,856.85 for Project CP 5140(10) (County Road 10 seal coat) and authorize the Chairman to sign the contract. Roll call vote: all voted yes; motion carried.
Moved by Comm. Fjeldahl, seconded by Comm. Nybakken to authorize the Chairman to sign the County Township Road Mileage Certifications. Roll call vote: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Fjeldahl that the Highway Department be authorized to extend the Bechtold Paving projects CP 1214(10) and CP 1452(10) to incorporate paving County Road 14 from 72nd Street west 0.5 miles at an additional cost of $75,000. Roll call vote: all voted yes; motion carried.
With Larsen still present, there was discussion of the potholes on the road in front of the Bingo Palace. It was decided that no action would be taken by the County as upkeep of the road is the responsibility of the property owners.
Building Supervisor Ron Overly appeared. Moved by Comm. Gruenberg, seconded by Comm. Fjeldahl to authorize the Building Supervisor to accept the low bid of Acme Electric Tool Crib of the North in the amount of $1,999.99 for the purchase of a new tractor mower. Roll call vote: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Nybakken to authorize the Building Supervisor to accept the low bid of Northstar Steel in the amount of $2,530 for an emergency exit door at the North Building. Roll call vote: all voted yes; motion carried.
At 9:44 a.m. the Board recessed for the Board of Equalization hearing.
At 9:49 a.m. the Board reconvened with all Commissioners present.
With Director of Tax Equalization Mike Vendsel still present, it was moved by Comm. Gruenberg, seconded by Comm. Erickson, to approve the following: 4 applications for abatement or corrections of errors of assessment; 1 individual who submitted documents and qualifies for the homestead credit exemption; 1 owner is active duty military and his property is tax exempt. Roll call vote: all voted yes; motion carried.
Vendsel then presented possible solutions for the issues encountered during the conversion to the Vanguard software. City Assessor Kevin Ternes appeared to offer input.
Chairman Christianson reminded the board about the building space needs meeting on June 18 at 9:00 a.m.
Smestad then presented items to the Board.
Moved by Comm. Nybakken, seconded by Comm. Fjeldahl to receive and file the following correspondence: State of North Dakota Public Service Commission – Notice of filing and notice of hearing for Enbridge Pipelines; SWCA – Environmental assessment; Epic – Environmental assessment; ND DOT – Load limit postings; Highway Engineer Dana Larsen – Load limit posting for 153-53.0; First District Health Unit – Notice to remove; ND DOT – Tentative award project: Job 14 Project ROM-0300(100); Bruce I Christianson – letter of support for City of Minot Renaissance Zone; David Schmitcke – Potholes on road in front of Bingo Palace; Mark Schneider – Cloud seeding operations; SWCA – Environmental assessment; Judge McLees – Article from Jamestown Sun. Roll call vote: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to receive and file the monthly reports including the financial reports. Roll call vote: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Erickson to approve the following requests for duplicate warrants: Minot Guaranty in the amount of $11.93; Minot Guaranty in the amount of $83.66; Minot Guaranty in the amount of $12.07; Minot Guaranty in the amount of $42.45; Minot Guaranty in the amount of $136.52; David Underdahl in the amount of $220.00. Roll call vote: all voted yes; motion carried.
Moved by Comm. Erickson, seconded by Comm. Nybakken to authorize the Chairman to sign the North Dakota Correctional Institution Memorandum of Understanding for Juvenile Detention which facilitates the continuous incarceration of individuals when a facility is unable to house them due to accident, natural disaster and/or terrorist attack. Roll call vote: all voted yes; motion carried.
Moved by Comm. Nybakken, seconded by Comm. Erickson to deny the request, made by Ann Jussero of Social Services, for payment of unused sick leave. Personnel Director Colleen Houmann appeared to provide background on the County’s sick leave policy. Roll call vote: all voted yes; motion carried.
Moved by Chairman Christianson, seconded by Comm. Gruenberg to authorize Recorder Sheila Dalen to represent the Commissioners at the NDACO convention as the voting delegate. Roll call vote: all voted yes; motion carried.
Moved by Comm. Gruenberg, seconded by Comm. Erickson to approve the following application for payroll amendment: Andrew Wells – Seasonal Surveyor – Highway Department – Level 9 (new hire). Roll call vote: all voted yes; motion carried.
Smestad reminded the Commissioners of the Elmer Jesme Conference of Counties which will take place on June 28, 2010 and asked them to notify her by June 18th if they plan to attend.
Moved by Comm. Erickson, seconded by Chairman Christianson to return the following motion to the table: “Moved by Comm. Fjeldahl, seconded by Chairman Christianson to approve the special use permit request by Robert and Katy Schaefer and Pro-Tank Properties for Outlot 3 of SW of Section 28-156-82, McKinley Township contingent upon the water retention study being completed and the road issue being referred to the Highway Committee for final action. Roll call vote: Comms. Fjeldahl and Christianson voted yes; Comms. Gruenberg, Erickson and Nybakken voted no; motion failed.” Roll call vote to put the motion back on the table: Comms. Erickson, Christianson, Fjeldahl and Gruenberg voted yes; Comm. Nybakken voted no; motion carried. There was discussion on the motion. No new information was presented. Since the motion was added to the agenda after publication, State’s Attorney Larson suggested tabling the vote until public notice can be given. Dan Conlin of Pro-Tank Properties appeared for comment. Roll call vote on motion as written: Comms. Erickson, Christianson, Fjeldahl and Gruenberg voted yes; Comm. Nybakken voted no; motion carried.
At 10:37 a.m. with no further business, Chairman Christianson adjourned the meeting.
ACCEPTED AND APPROVED THIS 6TH DAY OF JULY, 2010.
s/ Jerome Gruenberg
Vice-Chairman, Ward County Board of Commissioners
s/ Devra Smestad
Auditor/Treasurer, Ward County
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