Morton County Commission Meeting Agenda January 28, 2014 Commission Room, Morton County Courthouse nd Ave NW, Mandan ND 5:30 PM

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1 Morton County Commission Meeting Agenda January 28, 2014 Commission Room, Morton County Courthouse nd Ave NW, Mandan ND 5:30 PM 1. Call to order Roll Call Approval of Agenda Approval of minutes of previous meetings Approve monthly bills and payroll Commissioner Zachmeier 2. Kyle Kirchmeier/State Patrol Dive Team and River Patrol 2013 NDDES/State Homeland Security Grant funding - update 3. Linda Morris/Tax Director Abatements for the Board s consideration Schedule the 2014 Morton County Board of Equalization 2014 Agricultural Land Values 4. Mike Bartholomew/Social Service Director Additional Staff request 5. Vicki Lippert/Treasurer Review Pledges of Security 6. Daniel Nairn/County Planner Definition of Public Road in Appendix I Wind Energy Facilities 7. Dawn Rhone/ County Auditor Honeywell - proposal on cooling tower Dakota Sound System, Inc. proposal on Commission Room sound system *ISSUES MAY BE ADDED OR DELETED BY MEETING DAY.

2 Please note: These are unofficial minutes and are subject to change. They will be approved and become official at the next regularly scheduled meeting. MORTON COUNTY COMMISSION REGULAR MEETING January 13, 2014 The Morton County Commission Regular Meeting was called to order on January 13, 2014 at 5:30 PM by Chairman Strinden at the Morton County Courthouse, 210 Second Avenue NW, Mandan, North Dakota. Others present were Commissioners Zachmeier, Boehm, Leingang, Schulz and Auditor Rhone. Schulz moved and Boehm seconded to approve the agenda with an addition. All voting aye, motion carried. Boehm moved and Schulz seconded to approve the minutes of the December 30,2013 meeting. All voting aye, motion carried. Zachmeier moved and Leingang seconded to approve monthly bills and payroll with the exception of ND Water Users membership until we do some further research. All voting aye, motion carried. Chairman Strinden released the chair for reorganization of the Board of Commissioners to Auditor Rhone. Rhone called for nominations for Chairman for Boehm nominated Commissioner Strinden for Chairman for Schulz moved and Boehm seconded to cease nominations and cast a unanimous ballot for Commissioner Strinden for Chairman for All voting aye, motion carried. Rhone released the chair to Chairman Strinden. Boehm nominated Commissioner Zachmeier for Vice-Chairman for Boehm moved and Schulz seconded to cease nominations and cast a unanimous ballot for Commissioner Zachmeier for Vice-Chairman for All voting aye, motion carried. Schulz moved and Boehm seconded to approve the probationary evaluation and a 5% probationary raise for Emergency Manager Tom Doering. All voting aye, motion carried. Schulz moved and Boehm seconded to approve abatements All voting aye, motion carried. Schulz moved and Leingang seconded to approve payment of smartphone plans for the list of employees as presented when the phones are eligible for upgrade if those persons wish to upgrade to a smartphone. Voting aye: Schulz, Leingang, Strinden; voting nay: Boehm, Zachmeier. Motion carried. Boehm moved and Leingang seconded to approve the preliminary plat of Crown West Country Estates 2 nd a long form two lot subdivision in the South ½ of Section 3 Township 139N Range 83W with the following conditions: 1. Grant a 40 Easement along the 75 Road Dedication for 37 th St. 2. Reduce the Crown West Dr. N road dedication, currently shown on the plat, to 100 with no circular boundary. 3. The applicant assumes responsibility for constructing an extension of Crown West Dr. N, meeting county roadway standards as approved by the County Engineer, for approximately 0.15 miles to the east to access the proposed subdivision. 4. The Planning & Zoning Commission authorizes the use of a cul-de-sac in this subdivision to replace an existing cul-de-sac.

3 All voting aye, motion carried. Zachmeier moved and Schulz seconded to appoint Tony Goetzfried to a 5 year term on the Lower Heart Water Resource District Board. All voting aye, motion carried. Boehm moved and Leingang seconded to approve the 2014 Senior Citizen Levy Disbursement in the amount of $248,700. All voting aye, motion carried. Schulz moved and Zachmeier seconded to approve a policy requiring that all information to be included in the commission packet be turned into the Auditor s office by 8am on the Friday preceeding the meeting, or the item will not be on the agenda. The Commission packet will then be posted on the website on Friday. All voting aye, motion carried. Schulz moved and Boehm seconded to sell the two parcels ( & ) that were not sold at the Tax Sale to the city of Mandan and New Salem respectively. All voting aye, motion carried. The total of all county funds expended from December 31, 2013 through January 13, 2014, equals $826, A detailed list of funds expended by check is available for public inspection anytime during regular business hours at the Morton County Auditor s Office. Boehm moved and Zachmeier seconded to adjourn at 6:51pm. All voting aye, motion carried. Bruce Strinden, Chairman, Morton County Commission Dawn R Rhone, County Auditor

4 Date: 1/25/2014 To: Morton County Board of Commissioners From: Linda Morris, Tax Director RE: January Abatements ABATEMENT TAX TYPE OF ORIGINAL NEW PROPERTY ABATED CITY PARCEL OWNER NUMBER YEAR ABATEMENT VALUE VALUE ADDRESS AMOUNT APPROVED RECOMMEND "DENY" OF THE FOLLOWING THREE ABATEMENTS FOR HOMESTEAD CREDIT BECAUSE APPLICANTS DO NOT QUALIFY ACCORDING TO STATE GUIDELINES HOMESTEAD CREDIT ALREADY RECEIVED FOR 2013 CARLSON $0.00 1/7/ NOT 65 YEARS OLD OR OLDER FOR THE 2013 YEAR MARTIN $0.00 1/7/ DID NOT OWN HOME AS OF 2/1/2013 VEER $0.00 1/7/2014 RECOMMEND APPROVAL OF THE FOLLOWING ABATEMENTS REASSESSMENT $83,800 BRICKWORK, INC $63,600 LOTS 9 AND 10 BLK 58 HEBRON $20, /13/ HOMESTEAD CREDIT $83,300 ETHERTON $83, G ST S, GLEN ULLIN $ HOMESTEAD CREDIT $58,600 GROCE $58, BIRCH, NEW SALEM $ HOMESTEAD CREDIT $171,600 STEWART $171, FT LINCOLN RD MND $ HOMESTEAD CREDIT $34,200 OPP $34, TH ST GU $ HOMESTEAD CREDIT $47,100 KLEIN $47, C ST S GU $ HOMESTEAD CREDIT $141,000 OST $141, AVE NW MND $ HOMESTEAD CREDIT $219,900 FELCH $219, AVE SE #108 MND $ HOMESTEAD CREDIT $64,100 WINKLER $64, TH AVE SW MND $ HOMESTEAD CREDIT $111,100 GUSSNER $111, TH ST NW MND $ HOMESTEAD CREDIT $150,900 SHORTT $150, ST NW MD $ HOMESTEAD CREDIT $35,100 HOHBEIN $35, AVE SE MD $ HOMESTEAD CREDIT $121,300 WETSCH $121, AVE SE #207 MD $ HOMESTEAD CREDIT $121,300 PARKIN $121, AVE SE #201 MD $ HOMESTEAD CREDIT $77,700 WETSCH $77, ST SW MD $ HOMESTEAD CREDIT $131,900 MEYER $131, SUNDANCER LP SE #3 MD $ HOMESTEAD CREDIT $111,900 KURTZ $111, ST NE MD $ HOMESTEAD CREDIT $61,900 MILLER $61, AVE SE MD $ HOMESTEAD CREDIT $111,100 FAIRAIZL $111, AVE NE MD $ HOMESTEAD CREDIT $144,400 TOKACH $144, ST NW MD $0.00

5 HOMESTEAD CREDIT $110,900 TOKACH $110, ST NW MD $ HOMESTEAD CREDIT $173,200 BACKER $173, TH AVE NW MD $ REASSESSMENT $138,300 HALUZAK $66, RD AVE NW MD $72, /21/ HOMESTEAD CREDIT $47,500 KUNTZ $47, AVE SE MD $ HOMESTEAD CREDIT $100,700 SCHWARTZBAUER $100, AVE NE MD $ HOMESTEAD CREDIT $163,400 MORRELL $163, AVE NW MD $ HOMESTEAD CREDIT $85,300 BOURSALIAN $85, AVE NE MD $ HOMESTEAD CREDIT $123,500 MEIDINGER $123, ST SE MD $ HOMESTEAD CREDIT $179,600 KLEPPE $179, CROWN PT RD NW MD $ PENDING HOMESTEAD CREDIT $110,200 CIAVARELLA $110, AVE NW MD $ HOMESTEAD CREDIT $251,800 CAYA $251, LINCOLN CT SE MD $ HOMESTEAD CREDIT $190,200 NARDELLO $190, AVE SE MD $ HOMESTEAD CREDIT $160,100 DELZER $160, AVE NE MD $ HOMESTEAD CREDIT $131,000 BERGER $131, AVE NW $ HOMESTEAD CREDIT $152,100 HAIDER $152, SUNSET DR NW MD $ HOMESTEAD CREDIT $86,700 REBENITSCH $86, ST NW MD $ HOMESTEAD CREDIT $117,600 LANZ $117, AVE SE MD $ HOMESTEAD CREDIT $105,500 HAIDER $105, ST NW MD $ HOMESTEAD CREDIT $108,700 HOERNER $108, AVE NW MD $ HOMESTEAD CREDIT $149,400 MONZELOWSKY $149, AVE NW MD $ HOMESTEAD CREDIT $126,200 HURT $126, TH ST N NEW SALEM $ HOMESTEAD CREDIT $111,900 MCCULLOCH $111, VALLEY RD ALMONT $0.00

6 MORTON COUNTY STATE OF NORTH DAKOTA Linda Morris nd Ave NW Phone: Tax Director Mandan, North Dakota linda.morris@mortonnd.org Date: January 23, 2014 To: Morton County Commissioners and Auditor Dawn Rhone From: Morton County Tax Director Linda Morris RE: 2014 Board of Equalization I am requesting a date be scheduled for our annual 2014 Board of Equalization to be within the first week of June North Dakota Century Code reads in part as follows: The board of county commissioners shall meet within the first ten days of June of each year and shall constitute a board of equalization of the assessments made within the county. Although our first regular commission meeting would be in compliance with the Century Code on the date of June 10, 2014, I have a scheduling conflict with this date as I am hoping to attend the North Central Regional Assessing Association Annual Conference in Deadwood, South Dakota the week of June 9, 2014.

7 MORTON COUNTY STATE OF NORTH DAKOTA Linda Morris nd Ave NW Phone: Tax Director Mandan, North Dakota linda.morris@mortonnd.org Date: January 23, 2014 To: Morton County Commissioners and Auditor Dawn Rhone From: Morton County Tax Director Linda Morris RE: 2014 Agricultural Land Value Increase North Dakota State Tax Commissioners Office sent notice of the agricultural value per acre for the 2014 assessment. The State average per acre for 2014 agricultural land is $ per acre, an increase of the State 2013 per acre value of $ North Dakota Century Code reads as follows: All agricultural property to be valued at ten percent of assessed value as determined pursuant to section In order for Morton County to be incompliance with North Dakota Century Code , an average increase of 12% will need to be assessed to the 2013 agricultural land values. The 2013 total number of agricultural acres in Morton County, 1,161, by the total value, $265,247,700, indicates 2013 average per acre to be $ We will need an estimated increase of 12% per acre for an average $ per acre to be within a ten percent tolerance of the state average (see page 2). I am recommending a motion to approve an average increase of 12% to the current 2013 agricultural land values in accordance with North Dakota Century Code for 2014 agricultural land tax assessment.

8 CERTIFIED WITH 12% INCREASE OF AG LAND AG LAND TAXABLE VALUE $265,247,700 $297,077,424 TOTAL ACRES 1,161, ,161, COUNTY PER ACRE $ $ STATE PER ACRE $ $ % OF ASSESSED VALUE 92.5% 90.1% MUST BE WITHIN 10% OF ASSESSED VALUE 7.5% 9.9%

9 Social Services Department Additional Staff Request Although the economy in Morton County is robust, our department is experiencing a sustained increase of individuals and families moving to the area in search of employment and applying for economic assistance benefits. While many of these new individuals and families are receiving assistance only for a short period before finding employment and becoming self sufficient, this has resulted in a substantial workload increase for eligibility workers. There are also four other factors affecting the workload increase, as described below: Affordable Care Act When an individual or family applies for health insurance through the Federally Facilitated Marketplace, if it appears there is eligibility for Medicaid based on applicant-provided information, the federal government sends the application to our office for Medicaid eligibility determination and application processing. Medicaid Expansion Effective January 1, 2014, this new Medicaid coverage group consists of single individuals with no dependents who are not disabled and are between the ages of 18 and 65. Additionally, if such an individual applies for insurance through the Affordable Care Act and appears to be eligible for Medicaid, the federal government sends the application to our office for processing under Medicaid program rules. Change in Medicaid Rules For Affordable Care Act, Medicaid Expansion, and some other Medicaid coverage groups, eligibility workers must now follow new rules, which include exploring the federal income tax filing status of each household member and determining tax filing units (dependents); and applying a financial eligibility determination utilizing a Modified Adjusted Gross Income (MAGI) test (138% of federal poverty level). These rules are also applicable to cases containing children, parents/caretakers and their spouses, and pregnant women. The new rules are very complex, and eligibility workers do not have an automated computer system to assist in the eligibility determination process. 1

10 Contingency Computer Application - Medicaid applications subject to the new rules must be processed in a state developed, temporary computer system called the Mini-App or MAGI in the Cloud that is not compatible with the existing computer systems used for other economic assistance program eligibility determination. As a result, the information must be entered in duplicate computer systems, creating a substantial amount of manual work. Processing an application in the temporary computer system takes an eligibility worker 45 minutes for a simple case (one-person household) and up to three hours for a case containing two or more family members. By comparison, Medicaid application processing for non-medicaid Expansion cases (aged, blind, disabled, IV-E Foster Care, Subsidized Adoption, Women s Way, and Aid to the Blind) in our other computer systems typically take 15 to 20 minutes for a one-person case and 30 minutes for a family case. The North Dakota Department of Human Services estimates a state wide increase in Medicaid cases due to Medicaid Expansion to be 20,000; however, the Kaiser Family Foundation places that estimate as high as 32,000. Based on the number of Medicaid recipients currently in Morton County (4% of the state wide total), our Medicaid caseload is anticipated to increase between 800 and 1,200 cases. Pursuant to state eligibility worker caseload guidelines, this would equate to a need for 3-4 additional eligibility workers. Clearly, while we have not seen 800 new Medicaid Expansion cases thus far, I anticipate a steady increase in Medicaid Expansion applications received and cases opened throughout As of January 14, 2014, we have received 149 Medicaid Expansion applications. All of these factors: Persons moving to Morton County applying for assistance; Affordable Care Act; Medicaid Expansion; new Medicaid Program rules; and the required work in the temporary computer system, have created a substantial amount of additional work for eligibility workers who are each already administering full caseloads consisting of Medicaid, SNAP (Food Stamps), Temporary Assistance to Needy Families (TANF), Child Care Assistance, 2

11 LIHEAP (Low Income Home Energy Assistance Program), Foster Care, and Subsidized Adoption. For the period September 21, 2012 to January 24, 2013, our office received 552 economic assistance applications. For the similar period September 20, 2013 to January 14, 2014, 846 economic assistance program applications were received. This is an increase of 294 applications when comparing the two periods. The average number of applications received per month during this period increased from 138 to per month. This reflects an increase of 53.3%. In anticipation of an increase in the number of Medicaid applications and cases due to the implementation of the Affordable Care Act and Medicaid Expansion, the 2014 Social Services budget included costs associated with adding two eligibility workers. Although this was removed from the budget, I ask that you now consider an appropriation to add staff in order to meet the increased workload in our department and to better serve residents of Morton County in need. 3

12 Fiscal Note Salary and Benefits Position Annual Salary Retirement Health Insurance Eligibility Worker $41,940.00* $5, $11, Eligibility Worker $41, $5, $11, Total: $83, $10, $23, *Based on monthly salary of $3495. The monthly salary range for an Eligibility Worker is $2759 (min) to $4599 (max). Office Equipment Costs for office equipment (computers, desks, chairs, etc.) for two staff would be purchased from the existing 2014 budget. Office Space Costs associated with construction for remodeling have not been included. However, it is estimated that costs for the construction of two offices located in existing the Social Services space, including heating, cooling, and all electrical work, would be approximately $24,000. 4

13 Pledges of Security (As of Jan 15, 2014) Wells Fargo Innvestment Pool No Pledging Needed 1,012, Bremer Trust No Pledging Needed 968, Wells Fargo Bank Well Fargo Checking Acct ,774, Wells Fargo Saving Acct ,503, Wells Fargo CD's 3,760, Total: 12,037, Less FDIC Insurance 250, Total amount not covered by FDIC 11,787, X 110% Amount Needed for Pledges 12,966, Pledges of Security 41,750, Starion Financial Certificates of Deposit: Morton County 550, Saving Account , Certificates of Deposit: Morton County Parks 100, Total: 1,645, Less FDIC Coverage 250, Total amount not covered by FDIC 1,395, X 110 Amount Needed for Pledges 1,534, Pledges of Security 1,754, Dakota Community Bank Mandan & Hebron Certificate of Deposit: Morton County 204, Total: 204, FDIC Insurance 250, Total Coverage 250, Bank of Glen Ullin Certificate of Deposit Morton County 249, FDIC Insurance 250, Total Coverage 250,000.00

14 P&Z SUMMARY FOR JA N UARY 28, 2013 COMMISSIO N M E E T I NG This summary is intended to prepare Morton County Commissioners for the planning and zoning portion of the upcoming commission meeting, and brief Commissioners on issues addressed during the January 23, 2013 Planning and Zoning Commission meeting. The full packet distributed before the P&Z meeting and available online on the department s website, contains more details and background on each item. 1. Request by Morton County Department of Planning and Zoning for a zoning text amendment to define public road for the purpose of setback requirements for wind turbines, allowing turbines within 250 feet of section lines. The Staff Report to the Planning and Zoning Commission is attached. a. P&Z Action: Recommended a zoning text amendment to Appendix I Wind Energy Facilities, Section 4(b) as follows: Each wind turbine shall be set back from the nearest interstate, state, county, or township road or above ground communication or electrical lines or railroad right of way a distance not less than two hundred fifty (250) feet from the center line of the existing right of way. Each wind turbine shall be set back from all section lines a distance not less than one hundred (100) feet. b. Public Hearing: No speakers. 2. The Planning and Zoning Commission held a public hearing on a draft Morton County Zoning Map. No recommendation was made, and the hearing will continue during the February meeting to clarify the nature of the floodplain ordinance. Morton County Department of Planning and Zoning th St. NW, Mandan, ND Page 1 of 1

15 STAFF REPORT MORTON COUNTY DEPARTM E N T O F P L A N N I N G A N D Z O N I N G ITEM 2 Definition of Public Road in Appendix I Wind Energy Facilities Location: NA Public Hearing: Application Type: Applicant: Citizen Outreach: January 23, 2013 Planning and Zoning Commission Regular Meeting Zoning Text Amendment Morton County Planning and Zoning Department Notice of Public Hearing advertised Acreage: NA # of Properties: NA Existing Zoning: NA Proposed Zoning: NA Proposal: Recommendation from Staff: Clarify the meaning of public road as it pertains to setbacks for wind turbines. The current ordinance would seem to include unimproved section lines as public roads, thus requiring wind turbines to be setback at least 250 feet from all section lines. This may not be the original intention. The proposal is to identify roads by type to provide clarification. Approve a zoning text amendment of Appendix I Wind Energy Facilities, Section 4(b) to read as follows: Each wind turbine shall be set back from the nearest public Interstate, state, county, or township road or above ground communication or electrical lines or railroad right of way a distance not less than two hundred fifty (250) feet from the center line of the existing right of way. OVERVIEW AND BACKGROUND The currently adopted Appendix I of the Morton County Zoning Regulations, Section 4(b) reads as follows: Each wind turbine shall be set back from the nearest public road or above ground communication or electrical lines a distance not less than two hundred fifty (250) feet from the center line of the existing road right of way. The definitions section of the ordinance does not include an entry for public road. This leaves open the question of whether statutory rights-of-way granted by the state to section lines should be considered a public road. The North Dakota Century Code Section clearly identifies all section lines as public roads open to public travel. Therefore, the most reasonable interpretation of the setback regulation is that it should apply to section lines, whether improved or not, as well as all other public roads. STAFF ANALYSIS Page 1 of 2

16 The application of 250 ft. setback requirements to unimproved section lines may be unnecessary to meet the purposes of the zoning regulations, and this does limit the ability of wind energy companies to use the most suitable sites for turbines within a project area. Furthermore, unimproved section lines have not been interpreted as public roads in previous applications of the wind turbine ordinance. There are currently wind turbines constructed within the 250 ft. of unimproved section lines in Morton County. Model wind energy ordinance language recommended for localities by the Public Service Commission lists roadways by type for setback restrictions: Setbacks from public roadways and utilities. Each wind turbine shall be set back not less than times the height of the turbine from interstate or state roadway right-of-way. Each wind turbine shall be set back not less than times the height of the turbine plus feet from the centerline of any county or township roadway (either improved or not). Each wind turbine shall be set back not less than times the height of the turbine from any railroad right-of-way or form any overhead utility. For example, Burleigh County has applied this model ordinance as follows: Setbacks from Public Roadways. Each wind turbine shall be set back not less than 1.1 times the height of the turbine from interstate or state roadway right-of-way. Each wind turbine shall be set back not less than 1.1 times the height of the turbine plus seventy-five (75) feet from the centerline of any county or township roadway (whether improved or not). Each wind turbine shall be set back not less than 1.1 times the height of the turbine from any railroad right-of-way or from any overhead utility. Following the PSC recommendation, it would also be prudent to include railroad right of way in the setback restrictions. In order to apply the setback restriction consistently and avoid confusion, staff recommends changing the existing setback regulation to the following: Each wind turbine shall be set back from the nearest public Interstate, state, county, or township road or above ground communication or electrical lines or railroad right of way a distance not less than two hundred fifty (250) feet from the center line of the existing road right of way. Page 2 of 2

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18 PROPOSAL DAKOTA SOUND SYSTEMS, INC FOR THE LOVE OF MUSIC 1516 E. BROADWAY AVENUE BISMARCK, ND TO: MORTON COUNTY COMMISSION DATE: 01/16/ ND AVE. NW PHONE: 701- MANDAN, ND PROPOSAL NO Scope of Work: SOUND SYSTEM FOR THE MORTON COUNTY COMMISSION ROOM 1) Provide and install Digital Signal Processor (12 inputs, 4 outputs), CC64 Digital Control Panel and Amplifier to control and power system. 2) Provide and install power conditioner and low-voltage on/off switch at desk to power up/down the system 3) Provide 6 gooseneck condensor microphones with on/off switch 4) Provide and install media plate with 2 connections (Female XLR and 1/4") 5) Provide 7" view monitor for DVD recorder and install DVD Recorder and Monitor at desk location 6) Provide and Install optional items as selected 7) Provide and install 16 space equipment rack if selected: Note: Existing rack dimensions needed in order to determine if it is deep enough to contain new equipment 8) Training EQUIPMENT LIST: A. One Bose Controlspace Sound Processor (12 input x 4 output) B. One Bose CC64 LCD Control Center with Power Supply C. One Bose Freespace IZA 190-HZ Amplifier D. One Bose Freespace IZA Rack Mount Accessory Kit E. Six Shure 18 Inch Gooseneck Table-Top Microphones with Base F. One 7 Inch Monitor Screen G. One Furman 15 Amp Remote Power Sequencer H. One Furman RS-2 Momentary Rocker Switch I. Material Accessories: Wire, Cable, Plates, XLR Connectors and Hardware J. System Installation, and Training Total System Price: $8,995.00

19 Option One: Equipment Rack A. One 16 Space Equipment Rack Adjustable Rails, Back Box, Locking Front Door B. Four PIX-2 Two Gang Enclosures C. Installation Option One Price: $1, Option Two: Speakers A. Ten Bose DS16F Flushmount Speakers (Black or White) B. Ten Bose Tile Bridges for DS16 F Speakers C. Material Accessories: Wire, Cable, Plates, Connectors and Hardware D. Installation Option Two Price: $1, PRICES LISTED ABOVE ARE GOOD FOR 30 DAYS RESPECTFULLY SUBMITTED BY: JAY GRIFFIN