02-18-2014 - Laserfiche WebLink

Commission Minutes—February 18, 2014 4262 - Mark Sand & Gravel Company—resolution for three bituminous overlay projects on County Highway 14 from 1-29 to County Highway 81; County Highway 81 from 76th Avenue South to the Wild Rice River; and Wild Rice bridge to County Highway 16; - On the Level Construction—demolition and removal of a bridge in Sections 25/36 of Warren Township. 6. SHERIFF'S OFFICE, Presentation of retirement plaque to Dick Garvey Mr. Pawluk presented a retirement plaque to Dick Garvey, who recently retired from the Cass County Sheriff's Office after almost 34 years of service. Mr. Garvey thanked the board and said it was a privilege to work for the county and with all the different departments. 7. GARSTEIG-EMBDEN MAINTENANCE DISTRICT, Discussion on creation of district Sean Fredricks, Attorney from Ohnstad Twichell, and Chad Engels from Moore Engineering were present to discuss the creation of the Garsteig-Embden Maintenance District. The Maple River Water Resource District is beginning the process to create an assessment district to maintain the Garsteig Dam, Embden Dam and channels. The commission approved a similar request in 2011 to create the Elm River Watershed Maintenance District. Mr. Fredricks said the Soil Conservation Service constructed the Garsteig Dam, Embden Dam and various channel improvements several decades ago, and does not maintain the facilities; therefore, the responsibility lies with the Maple River Water Resource District. He said North Dakota Century Code allows for water resource districts to create "federal maintenance districts" to generate revenues for the operation and maintenance of projects like this one. The process is not vote-driven because the state legislature recognizes most landowners will not vote to assess themselves for projects that have already been constructed. The Maple River Water Resource District is required to publish a notice and conduct a public hearing. Following the hearing, the Maple River Water Resource District and Cass County Commission must both approve the creation of the district by a two-thirds vote in order to proceed. Mr. Engels provided a brief history of the dams and discussed the future operation and maintenance of them. He said the assessment district will help the facilities operate correctly and prevent safety hazards through proper maintenance. Mr. Peterson asked if the dams are currently in need of repair. Mr. Engels said there is not any immediate work that is needed; however, since North Cass Water Resource District created the Elm River Maintenance District, the Maple River Water Resource District decided to pursue the same option for these dams. Mr. Fredricks said operation and maintenance levies may range from $0 to $4 per acre of agricultural property and would be determined annually based on the need. He said if no repairs or improvements are needed, no levy would be assessed. Mr. Engels said if a maintenance district is in place, the projects may qualify for a cost share through the North Dakota State Water Commission. Mr. Fredricks said the Maple River Water Resource District has not taken any action yet. He said a public hearing will be scheduled, and notices will be sent to all of the commissioners informing them of the hearing date.