Commission

OFFICIAL PROCEEDINGS OF

THE BOARD OF COUNTY COMMISSIONERS

BOWMAN COUNTY, BOWMAN, NORTH DAKOTA

The Board of County Commissioners met in regular session on January 12, 2021, with the following present: Pine Abrahamson, Rick Braaten, Lynn Brackel, Josh Buchmann and Jerry Jeffers.  Chairman Brackel called the meeting to order at 9:00 AM.  The Pledge of Allegiance was recited.

            Braaten made a motion to appoint Mindy Schumacher as Bowman County Auditor. Buchmann seconded the motion. A roll call vote was taken with all members voting aye. Motion carried. Bowman County Clerk of Court/Recorder, Jan Werre, administered the oath of office to Bowman County Auditor, Mindy Schumacher and Bowman County Deputy Auditor, Skylar Marsh.

Brackel asked for corrections or additions to the agenda. Braaten made a motion to approve the agenda with Jeffers seconding the motion, and upon a vote, the motion was carried unanimously.

The following January 12, 2021, vouchers were approved by a motion made by Abrahamson, with Jeffers seconding the motion, and upon a vote, the motion was carried unanimously.

The following vouchers that were paid on December 29, 2020 were approved by a motion made by Buchmann, with Braaten seconding the motion, and upon a vote, the motion was carried unanimously.

Braaten made a motion to approve Courthouse meeting rooms to increase to 50% capacity in compliance with Governor Burgum lowering the statewide risk level for COVID-19 from high risk to moderate risk and increasing capacity limits. Buchmann seconded the motion, and upon a vote, the motion was carried unanimously.

Dickinson Area Chamber of Commerce staff, Christina Jorgensen and Megan Klassen, met to discuss the upcoming Southwest Night with Legislators scheduled for February 22, 2021, in Bismarck.

Bowman County Highway Superintendent Shane Biggs and Brosz Engineering representative Lucas Doerr met to discuss road projects.  

Buchmann made a motion to approve the following 2021 Road and Bridge rates, with Abrahamson seconding the motion, and upon a vote, the motion was carried unanimously.

                        Buchmann made a motion to approve the December 15, 2020 and December 22, 2020 minutes, with Jeffers seconding the motion, and upon a vote, the motion was carried unanimously.

                        Braaten made a motion to approve Application for Abatement of Taxes #2021-01 for $199.26, as the property will be re-classified as farmland. Jeffers seconded the motion.  A roll call vote was taken with members voting aye.  Motion carried.    

                        Abrahamson made a motion to approve the State of North Dakota mileage reimbursement rate from .58 cents per mile to .56 cents per mile. Jeffers seconded the motion. A roll call vote was taken with all members voting aye.  Motion carried.

                        Abrahamson made a motion to approve the December 2020 Recorder Fee Collection Report. Jeffers seconded the motion, and upon a vote, the motion was carried unanimously.

                        Abrahamson made a motion to approve the December 2020 Sheriff Fee Collection Report. Jeffers seconded the motion, and upon a vote, the motion was carried unanimously.

Braaten made a motion to approve the December 2020 Month-End Bureau of Land Management Report, with Buchmann seconding the motion, and upon a vote, the motion was carried unanimously.

Braaten made a motion to approve the 2021 Radar Service Contract. Abrahamson seconded the motion, and upon a vote, the motion was carried unanimously.

Abrahamson made a motion to approve the 2020 Road and Bridge budget shortage of $2,955,380.64 due to Camp Crook Road and Griffin Road Projects extending into 2020; Braaten seconded the motion.  A roll call vote was taken with all members voting aye.  Motion carried.  

Abrahamson made a motion to approve the following special deputies as 2021 Deputy Sheriffs for Bowman County, only when asked by the Bowman County Sheriff, the Bowman County Commissioners, or the Bowman County State’s Attorney, to act as a Deputy Sheriff for special assignments or have been asked to help in an emergency situation, if any law enforcement officers seek assistance: Rory Teigen, Sherri Teigen, Larry Johnson, Dick Frederick, Randy Gaebe, Jodi Freier, Charles Headley, Angie Eberle, Andrew Roehl, Arthur Walgren, Matt Miller, Trevor Bergerson, Wyatt Sabo, Keith Russ, Travis Collins, Danyel Titus, Trenton Harbaugh, Nick Eisele, Tim Grube, Art Cox, Victor Wells, Larry Fischer, and Remi Jason Master. This authorization will allow these individuals to be covered by North Dakota Workforce and Safety and will also allow them to drive the vehicles owned by Bowman County.  Braaten seconded the motion. A roll call vote was taken with all members voting aye. Motion carried.   

                        Abrahamson made a motion to appoint Ryan Evans to a five-year term on the Bowman County Airport Authority Board, with Braaten seconding the motion. A roll call vote was taken with all members voting aye. Motion carried.                      

      At 1:15 PM Chairman Brackel called the Public Hearing for Conduit Revenue Bond Financing for GMHR Acquisitions Co., LLC Project to order. Present: Andrew Weiss, Bowman County States Attorney, Kelly Schumacher, Fischbein Township Chairman,  and Jodi Freier, Bowman County Assistant Tax Director/Co-Zoning Director. Jim Stewart, Arnston Stewart Wegner PC was present via telephone. Abrahamson made a motion to approve the following resolution and to direct Bowman County Auditor, Mindy Schumacher to sign the Certificate as presented, with Jeffers seconding the motion, and upon a vote, the motion was carried unanimously.

            BE IT RESOLVED by the County Commission of Bowman County, North Dakota (the “County”), as follows:

            Section 1.        Policy and Purpose.

            1.01.    For the purpose of promoting, attracting, encouraging, and developing an economically sound industry and commerce, preserving and developing a tax base adequate to finance necessary public services, and encouraging employment opportunities for the citizens of the County, the County is authorized by North Dakota Century Code, Chapter 40-57 (the “Act”), to issue revenue bonds of the County in anticipation of the collection of revenues of a project.

            1.02.    GMHR Acquisitions Co., LLC, a Delaware limited liability company (the “Company”), desires to undertake a Project in the County, at a total cost of approximately $16,000,000, the Project to consist of the construction, acquisition and installation of equipment to be used for solid waste disposal and functionally related facilities in connection with a landfill, energy conversion and recycling process (the “Project”).

            1.03.    The Project would increase the level of economic activity in the County, provide employment opportunities and increase the tax base of the County.

            1.04.    The County is advised by representatives of the Company that with the aid of municipal financing and the resulting lower borrowing cost, the Project would be significantly more feasible.  The County is further advised by the Company that approval of municipal financing would be a significant inducement to the commencement of construction of the Project by the Company.

            1.05.    A public notice setting forth the nature of the Project and the date and time of a public hearing on the Project was published according to law and a public hearing has been held according to law on January 12, 2021, at which public hearing all those appearing at said hearing who desired to speak were heard and written comments, if any, were considered.

            1.06.    Following the public hearing, it appears the issuance of the Bonds is in the public interest and the County Commission hereby determines to proceed with the issuance of revenue bonds under the Act to finance the Project.

            Section 2.        Approval and Authorization.

            2.01.    The County Commission hereby gives preliminary approval to the proposal of the Company that the County issue revenue bonds pursuant to the Act and pursuant to a revenue agreement between the County and the Company containing such terms and conditions (with provisions for revision from time to time as necessary) as may be necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on the Solid Waste Disposal Revenue Bonds in the maximum aggregate principal amount of $16,000,000, to be issued pursuant to the Act (the “Revenue Bonds”).  The revenue agreement may also provide for the interest of the Company therein to be mortgaged to secure the payment of the Revenue Bonds.

            2.02.    On the basis of information available to this County Commission it appears, and the County Commission hereby finds, that the Project constitutes real property, buildings, improvements and equipment, used or useful in connection with a revenue producing enterprise engaged in a business within the meaning of Section 40-57-02(2) of the Act; that the Project furthers the purposes of the Act; and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to help the County and Fischbein Township retain and improve the tax base and to provide employment opportunities.

            2.03.    The issuance of the Revenue Bonds is hereby given preliminary approval by the County, subject to receipt of an adequate allocation of authority from the Governor to issue private activity bonds (which allocation is not made hereby), and subject to final approval by this County Commission, the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project.

            2.04.    The County Auditor is hereby authorized and directed to submit the Application for Allocation of Bonding Authority to the Governor in accordance with North Dakota Century Code, Chapter 21-12, and Executive Order 1988-13.

            2.05.    The Company has agreed, and it is hereby determined, that any and all costs incurred by the County in connection with the financing of the Project, whether or not the Project is carried to completion and whether or not approved by the Commission, will be paid by the Company.

            2.06.    Arntson Stewart Wegner PC, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the financing of the Project, to consult with the County Attorney, the Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents, and to submit such documents to the County Commission for final approval.

            2.07.    Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Company.  The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the County except the revenue and proceeds pledged to the payment thereof, nor shall the County be subject to any liability thereon.  The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the County to pay the outstanding principal of the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the County.  The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof.  The Revenue Bonds shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation.

            2.08.    In anticipation of the approval by the Commission and the issuance of the Revenue Bonds to finance all or a portion of the Project, and in anticipation that the County will procure and devote to the Revenue Bonds an adequate allocation of authority to issue private activity bonds (which allocation is not made hereby), and in order that completion of the Project will not be unduly delayed when approved, the Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as the Company considers necessar

1. Call to order Chairman Brackel

2. Pledge of Allegiance – Prayer – Pastor Mary Wiggins

3. Consideration for Approval:

1. Agenda
2. Vouchers
3. January 12, 2021 Minutes

4. Unfinished Business

1.  Treasurer/Motor Vehicle Window Replacement

5. New Business

1.  Sally Port Partition
2. COVID Sick and Family Leave Update

6. Scheduled Appointments Made in Advance

10:00 AMCity of Bowman Police Chief, Charles Headley 

1. Bowman County Highway Superintendent Shane Biggs

                  LUNCH

1:15 PM Bowman Airport Authority Budget Presentation

2:00 BCDC Executive Director,Teran Doerr

            Elected Officials Office Updates & Other

7. Public Notices 

The County Commission has been invited to attend the following events and/or meetings:  

8. Important Meeting Dates

5.       Next Regularly Scheduled Commission Meeting – February 2, 2021 9:00 AM

9.  Adjourn

Regular meetings of the Bowman County Commissioners begin at 9:00 a.m. in the commissioner room located on the lower level of the courthouse.