08-04-1997 - Laserfiche WebLink

Commission Minutes--August 4, 1997 1677 Mr. Brownlee commended Cass County Auditor, Michael Montplaisir, for receiving the Government Finance Officer's Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting Program. This is the highest award in government financial reporting, and Mr. Brownlee said Cass County is the only county in North Dakota to receive this certificate. Mr. Montplaisir also credited his staff for completing the Comprehensive Annual Financial Report (CAFR), which is a detailed presentation of the county's operations for the year. 16. BRIDGE ON PRIVATE PROPERTY, Durbin Township bridge across Maple River Information was received from Keith Berndt, County Engineer, concerning a bridge in Durbin Township over the Maple River located on private property, which was apparently constructed some 40 or more years ago by the County Highway Department. The county has not, however, maintained the bridge since it is located on private property. Landowners on both sides of the bridge were present at today's meeting. One of the property owners, Michael Quast, said the bridge is in poor condition and his insurance carrier would like to have it removed because of liability from not being properly maintained. He does not use the bridge himself, however, a neighboring property owner, Hilbert Gohdes, has an easement to cross Mr. Quast's property to access his farmland. Mr. Berndt said Mr. Gohdes has an alternate access crossing a small ditch, which is passable 98% of the time. Mr. Gohdes had asked the county to provide a Iow-water crossing over this ditch if the bridge is removed. When the water is high in this area, however, Mr. Berndt said the ditch would not be passable using the Iow-water crossing anyway. In response to a comment made by Mr. Quast that the bridge is not used very often by the Gohdes family, Howard Gohdes was present and responded that they have tried not to use the bridge much, only as necessary when the other access is too wet. Mr. Wieland referenced a letter from the State's Attorney, John Goff, dated August 1, 1997, giving his opinion and recommendation that Cass County notify the owners of each parcel of property in writing of the County's position of non-ownership. Further, Mr. Goff said the county should notify the owners of both parcels of property in writing of its intent not to maintain or remove the bridge, and that Cass County assumes no responsibility for injuries or damages arising from use or failure to remove this bridge in its current dangerous condition. He believes this is strictly a private matter between two landowners which should be resolved privately. Mr. Meyer offered a motion directing the County Engineer to send a letter to Michael Quast authorizing him to remove the bridge across the Maple River on his farmstead. Before a second could be made, however, Mr. Wieland suggested following the advice of the State's Attorney. Mr. Berndt concurred that his suggested motion, per memorandum dated July 25, 1997, was based on the assumption that the county had some responsibility. The State's Attorney has offered a written opinion, since he was unable to attend today's meeting, that the bridge has been and continues to be a privately-owned and maintained connection between two parcels of private property, irrespective of the source of funds for the original construction. Mr. Berndt said his recommendation would be consistent with the State's Attorney's. MOTION, passed Mr. Meyer moved and Mrs. Schneider seconded that Cass County notify the owners of each parcel of land in writing of the county's position of non-ownership and intent not to maintain or remove the bridge and accept