County seeks road damage and repair documentation

Last weekend’s early October blizzard continues to weigh heavily on the county and township roads. County Road Superintendent Todd Weber noted several areas of concern during the Eddy County Commission’s Oct. 15 meeting. There is water over the road leading to Walfords in Lake Washington Township, and County Road 6 by David Allmaras’ farm have trench washouts that need to be filled, as does County Road 1. Weber planned to inspect County Road 3 as well, as apparently the water was within a foot of going over the road and higher on one side than the other. He said he will consider installing an equalization pipe to fix that issue.

Weber has encouraged township officers and county staff to document all work done with before and after photos, and keep receipts for all expenses incurred, no matter how small. The documentation is needed in order to seek out and access federal disaster assistance. He noted that Wells County alone had 16 washouts.

Weber also reported that the county’s inventory of markings and signage to alert motorists of poor road conditions is dangerously low, and his budget has already been exceeded for the year.

Commissioners discussed participation in the federal Highway Safety Improvement Program, which is designed to address safety on county roads. A study is conducted every four years, and the DOT makes recommendations on safety measures for which funding is available. The solution most often recommended is signage, namely chevron signs to mark curves. “I’m not against either way,” said Weber “You can put the signs up, but that isn’t gonna slow them down,” he said of motorists who often travel too fast for the road conditions. The commissioners decided not to seek out financial assistance from the program, noting that the long-term cost of participation and ongoing maintenance exceeds the temporary financial benefit gained.

The Spirit Lake Tribe has contacted Eddy County Sheriff Paul Lies about entering into a Memorandum of Understanding for law enforcement on the reservation. Chief Judge Joseph Vetch made the request on behalf of the tribe. Sheriff Lies said although there wasn’t a sample agreement enclosed with the request, he anticipates that it may be similar to what the sheriff’s office has in place with the cities of New Rockford and Sheyenne. He asked Vetch to send him a copy of the proposed agreement, which he will share with State’s Attorney Lies once he receives it.

“At least there’s some dialogue going with other law enforcement agencies and the tribe to come up with a plan,” he said, noting that he is still concerned about what will happen should Congress decide to honor the tribe’s request to have full jurisdiction over crimes committed on reservation land.

“I got phone calls yesterday from people out east that are very concerned,” Sheriff Lies said. One resident told the sheriff he contacted BIA twice but has not seen anybody. “I see county deputies out on County Road 1 all the time,” the resident said.

One of Lies’ main concerns is the leniency of punishments for what he deems to be serious crimes. For example, per Title 3, Chapter 7 of the Spirit Lake Tribe Law and Order Code, the maximum punishment for rape, abduction, assault, and other offenses is one year in jail and a $5,000 fine. Although the above named crimes are often felony offenses for which the federal government can assume jurisdiction for prosecution, Lies said often the FBI only takes on capital murder cases. Further, he noted that just one FBI agent and one ATF agent are responsible for all reservation land in the whole state. The code is available online on the tribe’s website: http://www.spiritlakenation.com/programs/spirit-lake-tribal-court/law--order-code/

State’s Attorney Ashley Lies reported on the county’s options for the Mill Pump property. She said the property can be sold by private sale as is, where is. The lien is now off for delinquent taxes due to quiet title action. However, the looming hazardous substance concerns would remain.

NRABC Executive Director Amanda Hegland sent a letter to Lies about a federal program available to help clean up the site, the Brownfields grant through the EPA. The county can request up to $500,000 to address one or multiple Brownfield sites contaminated by hazardous substances, pollutants, contaminants and/or petroleum. The EPA requires a 20% local cost share, which may be in the form of money, labor, material, and/or services, and must be for eligible and allowable costs. In 2013 the City of New Rockford was awarded a Brownfields grant to demolish the abandoned city hospital and clean up the property. New rental housing was built on the site in 2016.

“We should apply for it,” Gehrtz said. “It makes that property more salable.” Collier concurred, noting how impressed she was that Hegland and NRABC had taken the initiative to make the recommendation and offer assistance in completing the application. The deadline is Dec. 3, so work on the application will begin immediately.

The county commission is looking for a few volunteers to oversee a school district annexation request. Some eastern Eddy County residents have requested that their property be annexed out of the Dakota Prairie district into Midkota. The county commission needs to appoint three members to the Annexation Board, the body that would consider the request and make a recommendation to the county. The State’s Attorney and Superintendent of Schools also have a seat on the board.

Any Eddy County resident interested in appointment should contact Kathy Anderson, County Superintendent of Schools, at (701) 947-2434 ext. 2017. Residents petitioning for annexation may not serve on the Annexation Board.

The Lake Region District Health Unit (LRDHU) has declared Ron and Janet Sinklers’ property on River Drive a public health nuisance. They noted the presence of abandoned trailers, vehicles, and general lack of maintenance at the site. Neighbors have also reported problems with rats and damage done to their property from flying metal debris. This is the second notice the Sinklers have received over the past year, and nothing has been done to the property since. Per State’s Attorney Ashley Lies, LRDHU has the authority to go on premise and abate the nuisance at the expense of the county, which would be assessed as a tax lien against the property.

The commission agreed to have Lies draft a letter to Sinklers, giving them 30 days to abate the nuisance or ask for help. Otherwise the county can file criminal charges per N.D. Century Code 23-35-15.

Commissioner Glenda Collier and Eddy County 4-H Council member Amy Wobbema were appointed to serve as Eddy County’s two delegates to the North Dakota State Fair. The annual meeting is set for Wednesday, Nov. 20 in Minot.

The county received a request from Audubon Dakota, the local chapter of the National Audubon Society. The organization asked for a letter of support to seek grant funds from the North Dakota Outdoor Heritage Fund. When and if the grant is awarded, Audubon Dakota plans to work with landowners in Eddy County to improve habitat for grassland birds. The landowners would receive cost-sharing assistance to manage invasive species such as Chinese elm, install grazing infrastructure and restore prairie. Marshall Johnson, the VP of the Conservation Ranching Program at Audubon Dakota, said in his letter that there are a number of Eddy County landowners on a waiting list for funding. The commissioners agreed to write a letter of support.

The next regular Eddy County Commission meeting is set for Tuesday, Nov. 5 at 8:30 a.m.