Cavalier County
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Single Copy Volume 133
Republican
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News Coverage
Copyright © Langdon, North Dakota
Northern Lights Arts Council has set up auditions for upcoming musical, see Page 7 for details. Rita Maisel's Langdon Long Ago can be found on Page 12 this week.
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The recent Langdon City Commission meeting had a strong showing from area business owners as they came forward to show their disagreement with Langdon City Ordinance 6.0105. This is the fifth time the ordinance has been brought forward for the Commission to address this year. The ordinance relates to usage fees for city utilities such as water, sewer, and garbage within the commercially zoned areas of Langdon. The ordinance states that businesses must pay their actual usage or a minimum fee, whichever is greater. For businesses that do not have a direct hookup in their business, they are required to pay a utility usage minimum fee in addition to full garbage, special fees, and other miscellaneous fees as determined by the Langdon City Commission. At previous city meetings in May of 2019, the Commission had discussed the ordinance with Langdon City Auditor RoxAnne Hoffarth. At those meetings, Hoffarth informed the Commission that no other cities that she spoke with had similar ordinances in place and that should the city
CCMH welcomes Van Noy as CFO Cavalier County Memorial Hospital has welcomed a new Chief Financial Officer, William Van Noy. Van Noy began his duties as the CFO on Monday, November 4. Van Noy is no stranger to the midwest as he spent his childhood in Toledo, Ohio, before moving during high school to Phoenix, Ariz., where he remained for a number of years. “Over the past 10 -12 years, I have traveled around the country as a consultant CFO for rural and communitybased hospitals,” Van Noy said. Van Noy earned his associates degree from the Community College of the Air Force then moved on to earn a BSB/ACC and an MBA from University of Phoenix. Van Noy has continued his education and is currently a doctoral student with a projected completion date of October 2020. Van Noy has also earned his Certified Healthcare Finance Professional (CHFP) from Healthcare Financial Manage-
ment Association (HFMA) and will soon have a fellowship with the American College of Healthcare Executives (ACHE). “I am married to the best wife, best partner and best mother of my young son, Brie. I also have a 2-year old boy named Landon. He is the light of my life,” Van Noy shared. “I am also a retired Air Force veteran, spending 27 years - 11 active duty and 16 reservist. During my military career I have been d e p l oye d three times (Afg h a n i stan, Iraq and Kuwait). My military career was rewarding and gave me perspective on being a United States citizen and what that means.” Van Noy has a broad range of experience within the finance profession having worked in several markets. He is familiar with governmental accounting, manufacturing, non-profit and for-profit organizations and, for the past 16 years, has worked in the healthcare seccont. on page 3
Farmers & Merchants State Bank 816 3rd Street, Langdon, ND 58249
(701)256-5431 • www.fmbanklangdon.com
Member FDIC
Monday, November 18, 2019
Number 46
Businesses in opposition: accuse City of Langdon of double-dipping By Melissa Anderson Republican Editor
Langdon Area Elementary School honor rolls can be found on Page 5.
Official Newspaper of Cavalier County Published since 1889
remove all of the extra accounts that resulted because of the ordinance, the city would sustain substantial revenue loss from the business sector. At those meetings, Karla Rademacher, owner of Quality Specialty Products & Printing, had petitioned for the fee be lowered from $100 to $25 as the building owner is already paying for the total utilities for that building. At the June 24 meeting, the commissioners voted in a roll call vote to leave the ordinance as written. At every meeting relating to the ordinance, commission chair Jerry Nowatzki has stated that the ordinance could be revisited at a later date
Nowatzki responded using the example of a contracted cosmetologist cutting hair in a building, in which case the Commission would not view that as a separate business. “So if Big O, Firestone and Goodyear were all under the same meter, you would not charge them separate because they are all providing the same service?” Entzi asked. “Correct,” Nowatzki responded. “This is the analogy that I came up with. There is a lot of room in Christie’s showroom. If I put up three partitions and opened up a travel agency, that would be different. But if I’m going to sell car parts in that build-
if more than one business petitions the City Commission to change the ordinance. Those concerned about the ordinance's legitimacy voiced their opposition in force with several services represented from Main Street Langdon. Nowatzki addressed the gathered citizens and explained the City Commission's position and interpretation and thus justification for the ordinance. Nowatzki stated that following a meeting with Langdon City Attorney Quentin Wenzel and another commissioner, the Commission views the ordinance like this example - if businesses share a like-minded business area such as a hairdresser or manicurist, they would not have to pay the minimal fee. However, if there is a different type of business such as a clothing boutique or travel agency within that same space, they will have to pay the fee. “We are not rewriting the ordinance right now. We believe that the spirit of the ordinance, as it was written in talking to previous commissioners and previous mayors, that the whole idea was because it’s cost prohibitive and sometimes not feasible to include a new meter. That’s why the ordinance was put there in the first place,” Nowatzki said. “That ordinance is on the books. That ordinance will be enforced by the way the city commission feels it should be enforced.” Casey Entzi rebuttal to this statement was by noting that the Commission will not be enforcing the ordinance the way it is written. Entzi stated that the Commission needs to enforce the ordinance equally across everyone the way it is written.
ing for Christie’s, even though I’m not a Christie employee, that’s going to fall under them, and I’m not going to pay a water bill.” The citizens present at the meeting asked the commissioners to explain what the basis for the ordinance is - specifically, what the city feels they are being cheated out of by having more than one business in the same area by not having this ordinance in place. Entzi reasoned that because the water and sewer are covered by the building owner and its meter, that the utility usage is being paid. Commissioner Lawrence Henry stated that the garbage is one utility that the additional business would not be covered by the building owner. For this reason, the ordinance and the minimum fee for utilities of $100 is in place. “You think it’s reasonable to charge $100 for garbage?” Entzi asked the Commission. Hoffarth clarified that the minimum fee would cover water, sewage and garbage. The commissioners agreed with the fee covering the basic services. North Dakota Century Code 49.04.02, which relates to reasonable charges for services and commodities of public utility, was cited by Entzi as the City being in violation of as “every unjust and unreasonable rate or charge made, demanded, or received for such product, commodity, or service is prohibited and unlawful”. “It’s basically saying you can’t be unreasonable. It’s a little bit vague, but if you’re telling me you think it’s reasonable to charge $100 a month for garbage for an additional busi-
ness- that’s the only additional resource that’s being consumed - that you’re not otherwise already charging for. You are double charging,” Entzi said. Glitz & Glam owner Barbara Crockett was also present at the meeting to voice her disagreement with the ordinance. Crockett stated that no services offered at the location have changed since she first opened the business. The boutique/salon combination has only been changed in who is responsible for running each section. Crockett has booth rent for the salon and boutique as it makes having those services easier for her and those who are operating within the building more control. “The structure of how people are getting paid has changed. Everybody is paying booth rent because it is easier for me. I don’t have to monitor what’s coming in so closely for everybody. Everybody pays me an amount, and we’re done’,” Crockett said. “There is nothing about my shop that has changed since the day I opened the doors, and all the sudden, somebody else is being charged an additional $100, and I don’t think that’s fair.” Crockett is referring to the manager of the Adventurous Darling Boutique, that has taken over the clothing boutique aspect of Glitz & Glam, being billed the $100 while the salon services providers are not. Entzi cited another law in NDCC (49-04-07) that prohibits giving businesses undue preference or advantage, which means every separate business within a space needs to be charged according to how the city ordinance is written. “That’s the problem. You are picking and choosing who you want to charge,” Entzi said. Entzi continued asking what leverage the City would have to make the separate business pay the fee. The building owner pays the utilities, which means they could not shut off the utilities. Henry gave the example of a phone company providing five separate phone lines to businesses and the need for five different phone bills instead of just one for the whole building. “It costs them more; there are literally more resources involved. You already have a water meter that you’re charging them water usage for. You’re already charging them for sewage. The only thing you can even argue is the garbage, and $100 a month for garbage is ridiculous,” Entzi said. Henry asked if it would be fair to residents and other businesses of the city should the rates need to be raised to cover the lost revenue from this ordinance. That those busicont. on page 2
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