County considers rules and rates
By DAVE CALDWELL, Staff Writer dcaldwell@minotdailynews.comOn the heels of a modicum of controversy over the passage of the 2010 county budget, the Ward County Board of Commissioners moved Tuesday toward making sure all the county's ducks are in a row for future dealings.
On the advice of Ward County State's Attorney Roza Larson, the board passed on first reading a proposal to change language in the county's home rule charter that would bring it into lockstep with a recent change in state law.
In October, the county passed, reconsidered and rescinded various elements of the 2010 budget before passing a final version on Oct. 20. Current state law mandates that counties have the amount of tax to be levied determined before the "October meeting," whereas the county's home rule charter currently states that the "levy or levies may be amended through Oct. 10."
Because the process was completed in compliance with state law, Larson felt comfortable that the county's actions were justified, but told the board it might be prudent to amend the home rule charter to match the North Dakota Century Code.
Commissioner John Fjeldahl voiced his concern that the county had already acted against its own charter.
"We changed the tax rate after (Oct. 1)," Fjeldahl said. "So we violated our own home rule charter when we (passed the budget)."
Larson reiterated her belief that the county complied with the law at the time, as well as saying that the board adjusts taxes regularly.
"This board changes tax rates at every single meeting I've been at," Larson said, noting that the board deals with tax adjustments on individual properties at every meeting.
Fjeldahl said he would like an explanation on "what takes precedent here." Commissioner Jerome Gruenberg then echoed Fjeldahl's point on precedence, and asked that Tom Slorby, the assistant state's attorney who researched the home rule charter, attend the next meeting to discuss whether the county's home rule charter can be more restrictive than state law on that particular issue.
The board then passed the resolution unanimously on first reading and scheduled a public hearing and second reading for Nov. 17.
The county also fielded a request from Ward County Recorder Sheila Dalen to increase the county's fee collected for copies made in the recorder's office. Dalen said Ward County currently charges 25 cents per copy, while state law allows for up to $1 per copy. She said an informal survey of counties showed Ward is one of just a few charging so little per copy.
The board approved an increase to $1 by a 5-0 vote.




