02-16-1999 - Laserfiche WebLink

Commission Minutes--February 16, 1999 1940 In 1996, a Jail Advisory Task Force was appointed by the Commission and met for over a year, concluding that a new jail was needed because of overcrowding and deficiencies in the present facility. The County Commission hired Foss Associates and Kimme & Associates as consultants, and, in August, 1998, county personnel were among those attending the National Institute of Corrections PONI (Planning of New Institutions) School in Colorado. The Commission then appointed local citizens and county staff to serve on four committees in the areas of planning, operations, site selection and public information. As a result of the committee meetings over the past six months, consideration is being given today to certify a ballot question for an election to be held April 20, 1999, asking voters to approve financing for the purposes of construction of a 256-bed capacity jail to be located in Cass County. Michael Montplaisir, County Auditor, presented four financing options using various levels of sales tax for different terms and one financing option using a property tax levy over a twenty- year term. The sales tax options include a one percent sales tax for a two-year period, a one- half percent sales tax for a four-year period, a one-fourth percent sales tax for an eight-year period, and a one-eighth percent sales tax for a twenty-year period. Using the sales tax options would provide varying amounts of funding to create a trust fund for future jail staffing costs. The chairperson next called upon the State's Attorney, Birch Burdick, for any comments. Mr. Burdick said he has reviewed the materials presented to the Commissioners and believes the documents are consistent with North Dakota Century Code and Cass County's Home Rule Charter. Some Commissioners favored using the one percent, two-year term on sales tax as a means of financing a new jail, however, Mrs. Schneider suggested careful consideration of what the taxpayers are willing to accept so that the vote will be favorable for building a new jail. She suggested not spending too much discussion time on the property tax option or the one-eighth percent tax for a twenty year period. Almost all of the telephone calls Commissioners have been receiving in the last week or two have been against raising property taxes to pay for a jail. Harry Johnson, Fargo, agreed with avoiding a property tax increase and said he favored the one-half percent sales tax for a four-year period. As far as the site selection, he suggested the Board choose a site with enough space for future expansion and ample parking. Jeannette Stanton, Fargo, said the county needs a new jail but she does not like a sales tax because it is regressive. She referred to limitations in the County's Home Rule Charter as far as percentage of votes needed to approve the ballot question. Fargo's Home Rule Charter requires a 60% vote for approval of an ordinance or resolution while Cass County's Charter requires a majority vote. She also questioned whether the April election can be considered a regular county election, as referenced in the charter. Mr. Burdick said he has reviewed the limitations in Cass County's Home Rule Charter. The same people who voted on Fargo's Home Rule Charter also voted on Cass County's charter, and he said the 60% approval requirement for ordinances or resolutions applies to the affairs of the City while the simple majority approval in Cass County's charter applies to county government decisions. As far as Mrs. Stanton's concern for holding the election in April, Mr. Burdick said regular county elections are not defined by State law, however, the regular procedures will be followed in this election as for any general or primary election.