05-17-2004 - Laserfiche WebLink

Commission Minutes--May 17, 2004 2728 She listed numerous reasons why their land and home have been devalued because of the error made: they are not able to receive a quote for flood insurance until an engineering survey is completed and elevation certificate obtained; no additions may be added to the existing structure; no new structures may be built; according to mortgage companies contacted, the likelihood of obtaining a mortgage for a prospective buyer is slim; and if damage to any structure on the property exceeds 50% of the assessed value, they cannot rebuild the structure anywhere on the property. The figure of $130,000 used in the abatement application was a number provided by a realtor. The Swartz's did not realize the extent of their problem until after the abatement was filed. Curt Vanek, Reed Township Board of Supervisors, was present. He said the township wonders if the Swartz property has any value at all since it is in the floodway. He said a LOMR should be done because a correction is needed; however, he is unsure who is responsible to make the correction. Mr. Vanyo asked who is responsible to cover costs to fix this situation. He said, according to the Swartz's, the City of Fargo and Moore Engineering, admitted to mistakes that were made. He suggested the Swartz's meet with the two entities to resolve this problem. Moore Engineering agreed to cover part of the costs. Mr. and Mrs. Swartz paid $1,500 in January to begin the LOMR process. They have not heard back from Jeff Volk of Moore Engineering. Mrs. Sorum said the value of $153,000 was recommended by Mr. Klein under the assumption that the LOMR will likely be approved. If the revision is not approved by FEMA, the property value would need to be reviewed again. Mr. Wagner said this problem was not created by Cass County. The county's responsibility is to set the value on the property. Lynn Brilz, City of Fargo Floodplain Coordinating Engineer, was present. He said this situation is unfortunate and he empathizes with the Swartz's. He said the city is responsible to review FEMA maps. Mr. Bennett feels that ultimately the city is responsible for an error made by FEMA because the city had the opportunity to correct the mistake. Mr. Vanyo suggested all parties meet and share in the cost of the process and that this take place separately from the county's involvement. He said the value could change if there is any modification made to the floodway. MOTION, passed Mr. Vanyo moved and Mr. Wagner seconded that Abatement No. 4251 for John and Mary Swartz be reduced to $153,000 for the reasons stated in the Director of Equalization's investigation and as recommended by the Director of Equalization; and if the LOMR is not approved, the value may again be addressed by the county. Discussion: Mr. Meyer prefers lowering the value to $130,000 as requested by the Swartz's but he could also support this motion. Mr. Bennett said $141,500 would be a fair figure between $130,000 and $153,000. Mrs. Sorum supports the motion, but if the LOMR is denied, then would support the $70,000 value recommended by the township.