2. Chrisan Glen riverbank slide issues

Commission Minutes-November 1, 2004 2813 7. TAX-FORFEITED PROPERTY, Hearina on appraisal County Auditor Michael Montplaisir said this is the date and time advertised for a hearing on the appraisal of tax-forfeited property. A Notice of Sale of Real Estate Forfeited to the County for Delinquent Taxes was published in the official newspaper today, and the tax sale will be held November 16, 2004, beginning at 10:00 AM in the County Auditor's Office. Mrs. Sorum opened the public hearing and invited comments from anyone wishing to address the board on the notice sent to townships and cities. No one asked to speak at this time, and the chairwoman declared the public hearing closed. 8. ORDINANCE UPDATES, Truck regulatory ordinance; county park ordinance Aaron Birst, Assistant Cass County State's Attorney, was present representing Birch Burdick on items discussed at previous board meetings. Regarding a truck regulatory ordinance, Mr. Birst said at least two other North Dakota counties adopted ordinances under respective home rule charters and the State's Attorney's Office could draft a similar ordinance for Cass County. Mr. Wagner said District Court would need to agree to enforce the county ordinance so the overweight fines will be paid to the county; and Mr. Meyer said the county intends that the collection of fines would help offset the damage to the county road system caused by overweight truck traffic. Mr. Birst provided commissioners with a copy of a memo from Mr. Burdick dated today outlining some of his thoughts on possible regulations for the Brewer Lake recreation area, in addition to those included in Cass County Ordinance #1997-3, Cass County Park Campsites. In today's memo, Mr. Burdick suggests the formation of a committee to address new ideas and further regulations for the use of Brewer Lake Park. Commissioners were in agreement that the committee should consist of one or more commissioners, the chairman of the park board or a representative, and representatives from the state's attorney's office, sheriff's department and road department. Mr. Vanyo said he assumes the county park board would be most involved, and Mrs. Sorum will do some follow up before the next meeting. 9. ROAD DEPARTMENT, Orchard Glen slide repair Mr. Birst introduced Greg Selbo, from the Nilles Law Firm, representing adjacent landowner to the Orchard Glenn slide area, Also present were County Engineer Keith Berndt; Mrs. Murphy's son, Jim Murphy; and Duane Rogne, who owns property across the road from the slide area. At the October 18, 2004, commission meeting, board members asked the state's attorney to explore the county's legal obligation on river erosion; and the county engineer was asked to quantify the other slide areas in the county to determine the magnitude of the situation. Mr. Birst said it is his opinion that Cass County has no legal obligation to take action to prevent river erosion to an adjacent property owner, understanding the erosion is a naturally occurring event. He said the county may find reasons for erosion control, such as keeping county property updated and being a good neighbor; however, if the county does take some action, that would theoretically increase the liability.