08-20-2007 - Laserfiche WebLink

Commission Minutes-August 20,2007 3261 North Dakota Department of Transportation-federal aid project construction agreements for proposed signal and railroad surface work at grade-crossing west of Casselton. g. Receive and file Indemnity Bond on Lost Instruments for the City of West Fargo and for Valley Title; and to authorize the county auditor and county treasurer to issue duplicate checks. 6. ECONOMIC DEVELOPMENT, LeQal opinion on sales tax election Mr. Wagner said at the August 6th commission meeting the board voted to accept a proposal from Greater Fargo Moorhead Economic Development Corporation (GFMEDC) and draft ballot language for a half cent sales tax for their growth plan initiative, subject to review by the state's attorney regarding whether a special election is allowed under the county's home rule charter. State's Attorney Birch Burdick provided his opinion to the commission and said after researching the issue he believes the home rule charter does not allow the county commission to refer a sales tax question to the electorate through a special election. He said Article 9 of the Cass County Home Rule Charter (HRC) grants the commission through ordinance or resolution to levy and collect sales tax after referral and approval of voters at "any regular county election". He said the HRC was developed in the early 1990's and the initial charter commission created at least eight drafts before the final document was presented. The word "special" in regard to elections was included in the first few drafts and then removed during the process. He spoke with some of the participants involved with development of the HRC, including charter commission members. The consensus was the word "special election" was eliminated to avoid the cost to taxpayers but more importantly, the charter commission felt a potential tax increase should be considered at a primary or general election because of a higher voter turnout. Mr. Wagner asked why this issue was not addressed before the commission voted on the request from the GFMEDC. Mr. Burdick said he was not informed of the issue until recently and did not have an opportunity to research and draft his opinion before the board considered the issue at their last meeting. There was discussion about the election held in April 1999 on the half cent sales tax to construct the Cass County Jail. However, circumstances were different because Fargo and West Fargo School Districts were conducting an election and the sales tax question was included on the ballot. Brian Walters, President of GFMEDC, was present. He said the information from the state's attorney will be discussed at the next board of directors meeting scheduled this week. Mr. Wagner said the commission will wait to hear from the GFMEDC regarding when their organization will want the sales tax question to be placed on an election ballot. 7. EMERGENCY MANAGEMENT, Public hearinQ held on Cass County Multi-Hazard MitiQation Plan Dave Rogness, Emergency Manager, was present. He said every five years the Cass County Multi-Hazard Mitigation Plan is updated. The plan allows the county to apply for mitigation funds. A legal notice was published for the first public hearing to be held today.