06-06-2005 - Laserfiche WebLink

Commission Minutes--June 6, 2005 2907 Mr. Wagner said he thought it was the responsibility of the water resource district and their legal counsel to enforce drainage issues. Mr. Berndt replied that the water board attorney at the time, Steve McCullough, indicated the water board would have authority to close the project if it was determined to be illegal but not to participate in the project's reconstruction. Two representatives of the North Cass Water Resource District, Robert Thompson and Wes Ecker, were present along with Jeff Volk from Moore Engineering. Mr. Volk said the water resource board approved this drainage permit 10 years ago to a private individual, whose responsibility it was to build the drain according to the permit. When it was not built to specifications, it was the applicant's responsibility to fix it and pay for the repair, but he has not done so. If someone files a complaint that the drainage is illegal, Mr. Volk said the water board would have authority to close the drain. They do not have authority to build it properly and have no funds to fix it. On numerous occasions, he said the permit holders agreed to fix it, and that has not happened yet. Mr. Thompson said the water board provides recommendations on drainage projects; and since this project goes through a county ditch, it is out of the water board's jurisdiction. The project was approved by the county highway department because it utilized county highway right of way. Mr. Berndt said his department approved the project contingent upon it meeting county highway standards. Mr. Pawluk said consideration should be given to make this a legal drain because of the size of the drainage area. Mr. Volk said the North Cass Water Board offered to create a legal drain; however, the request needs to be made by landowners in the watershed area. If the county proceeds with drainage improvements, Mrs. Sorum asked if some of the money could still be recouped after the work is completed. Mr. Mahler said he believes the county can seek reimbursement after the project is done. Mr. Wagner asked if there is anything legally prohibiting the water board from contributing to the cost of reconstruction. Mr. Volk believes the water board could legally pay toward the project if they chose and if they had the money. He does not believe the water board is at fault, nor has the water board been harmed. He said the county has been harmed, and the county has an opportunity to fix the problem and try to recover some costs from those who damaged the county road right of way. He thinks the water board would work with the county as much as they can to help recover any costs. MOTION, passed Mr. Pawluk moved and Mr. Bennett seconded to authorize the county engineer to proceed with the Cass County Highway 34 drainage project with force account labor and equipment. Discussion: Mr. Wagner asked if the work will compromise any other county projects, and Mr. Berndt said it would not cause him to exceed the fund balances; however, he may request a budget adjustment at the end of the year. Mr. Vanyo asked how the board would proceed with recouping costs after the project is fixed. Mr. Burdick suggested inviting all of the parties involved to provide input in the plan for fixing the situation, and the commission would possibly hold an executive meeting to determine the next step. On roll call vote, the motion carried unanimously.