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Comm. Minutes--June 7, 1993 1044 <br /> <br />18. <br /> <br />State's Attorney John Goff said the North Dakota Century Code is <br />totally silent about reorganizing the weed control board, and it is <br />his opinion that there is nothing illegal about the proposed motion <br />because nothing in the statutes prohibits this. He said the <br />commission has the discretion to re-establish these districts, if that <br />is what they choose to do. He said the public hearing is for <br />appointment of the board members, and he understands this would take <br />place at the next meeting, June 21st, according to the motion. <br /> <br />Mr. Eckert raised a question about existing board members, and Mr. <br />Goff said that if current board members no longer live in a weed board <br />area, they are then incapable of performing their functions as a weed <br />board member; and statute says they can be removed for incapacity to <br />act as a board member. If a board member still resides in a district <br />and he has been appointed for a specific term, Mr. Goff said it would <br />be reasonable that the member could complete that term. <br /> <br />Mrs. Toussaint asked the State's Attorney about liability because of <br />chemical spraying, and Mr. Goff said any litigation would likely come <br />back to the board of county commissioners. <br /> <br />Mrs. Toussaint asked about billing for weed spraying on private land <br />since it is her understanding that the county only is responsible for <br />the control of noxious weeds along county road right of way. Mr. <br />Colberg said they have never sprayed a single acre of private land. <br /> <br />Mr. Colberg said it is the policy of the board when a small patch of <br />weeds is found on private property in the City of Fargo and West Fargo <br />to spray the weeds on the spot rather than take time to find the land- <br />owner, cite him for a violation, and wait for him to do the job. He <br />said they have spent a lot of time spraying weeds at Hector Airport. <br /> <br />Mr. Wieland recognized that there is a problem and that some thought <br />has gone into the resolution proposed today, but he is not sure of the <br />solution at this point. He said he doesn't think the competency of <br />the weed officer is in question but that some of the weed board <br />policies need to be examined. He said Mr. Colberg contradicted <br />himself about spraying on private property. <br /> <br />Mr. wieland moved, seconded by Mr. Ness and carried <br />unanimously on roll call vote to table the motion until the <br />July 6th, 1993, Cass County Commission meeting to allow an <br />opportunity for commissioners to obtain additional <br />information and to re-examine the proposed resolution. <br /> <br />COUNTY CALENDAR <br />Donna Chalimonczyk from the Fargo League of Women Voters proposed that <br />Cass County Government participate in a calendar project with them and <br />the City of Fargo, which would provide pertinent information about <br />government offices, meeting dates, election and tax dates. <br /> <br />In a letter from the County Auditor and the County Coordinator, it was <br />estimated that 12,000 calendars would be needed for distribution to <br />residents outside the City of Fargo at an estimated cost of 50 cents <br />per calendar, plus the cost of postage. <br /> <br /> <br />