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Commission Minutes-June 1, 2009 3521 <br />9. FLOOD MITIGATION ASSISTANCE (FMA) PROGRAM APPLICATION <br />County Engineer Keith Berndt was present to discuss the application for funds through the <br />Flood Mitigation Assistance (FMA) Program. The Flood Buyout Committee has been <br />meeting regularly over the last month and has discussed the buyout process. The county <br />will apply for two types of grants through the FMA program and the Hazard Mitigation Grant <br />Program (HMGP). <br />Mr. Berndt said the FMA grant is a nationwide competition for the funds and only flood <br />insured properties qualify. The application process opens on June 5th and 107 homes in <br />Cass County are eligible under this program. Applications will be submitted in groups of <br />properties and Lake Agassiz Regional Council (LARC) is working diligently to enter all the <br />necessary data. <br />Mr. Wagner asked about the priority of properties on the buyout list. Mr. Berndt said the <br />committee developed several criteria when developing the list to help determine which <br />properties to include in the program applications. <br />MOTION, passed <br />Mr. Pawluk moved and Mr. Wagner seconded to approve sending the <br />Flood Mitigation Assistance (FMA) Program application as completed by <br />Lake Agassiz Regional Council and authorize the chair or vice chair to <br />sign the application. On roll call vote, the motion carried unanimously. <br />10. TAX EQUALIZATION BOARD, Convened for 2009 and recessed until June 15th <br />Chairwoman Sorum convened the Cass County Board of Tax Equalization for 2009. Frank <br />Klein, Director of Equalization, referred to his letter dated May 22, 2009, concerning the <br />annual equalization of assessments. He suggested the board consider any individual <br />appeals today and he will provide recommendations on the appeals at the next meeting. <br />The following individuals were present to discuss appeals on three properties within West <br />Acres Shopping Center: Don Barnhill, Property Tax Consultant for Herberger's; Kevin <br />Shevlin, Senior Manager of Property Tax Division for Macy's Inc.; and James Cobb, State <br />Tax Manager of Tax Services for JCPenney's. <br />Mr. Barnhill distributed information to the board. He believes the 2009 true and full value of <br />$6,828,000 on Herberger's Department Store should be reduced to $4,450,000. He <br />discussed rental rates for anchor department stores versus big box retailers. Mr. Barnhill <br />said market rent for anchor stores is unique from other property types because the rent is <br />directly related to actual sales, which are down because of slower economic times. He <br />suggested using percentage of gross sales approach to calculate the real estate rental rate <br />or a flat rental rate to determine the value on anchor stores. <br />Mr. Shevlin distributed information to the board. He believes the 2009 true and full value of <br />$7,856,000 on Macy's Inc. should be reduced to $5,400,000. Their appeal is based on <br />comparable sales of mall anchor department stores supported by a stabilized sales volume <br />analysis. <br />Mr. Cobb distributed information to the board. He believes the 2009 true and full value of <br />$9,473,000 on JCPenney's Company, Inc. should be reduced to $7,000,000. He used an <br />income approach based on percentage of rent to arrive at the $7,000,000 figure. <br />