County must remove underground tank before selling former Mill Pump property

“This isn’t the news I wanted to share,” Dave Gehrtz said to fellow members of the County Commission Tuesday. That comment was in reference to a change in plans yet again regarding the former Mill Pump Property. Gehrtz reported that Reuben Panchol at the Department of Environmental Quality has asked the county to have the underground tank removed before offering the property for sale. Panchol set the budget at $50,000 and said the county is eligible to apply for EPA Brownfields funding available specifically for tank removal. Right now all 2020 funds have been allocated, but the county would be put on a list to be awarded when funds do become available. Gehrtz said that it’s important for the county to remove the tank because government entities qualify for the funds, but private parties do not.

State’s Attorney Ashley Lies reported earlier in the meeting that when ready the county could advertise the property for sale either through a nonexclusive listing agreement with licensed real estate brokers per N.D. C.C. 57-28-17.1, or via private sale per N.D.C.C. 57-28-17.

Ben Aaseth of Interstate Engineering discussed the Prairie Dog infrastructure funding available to the county beginning in 2021. The commission agreed that the first priority is repairing Brantford road, and that engineering work should commence as soon as possible to prepare for 2021 construction. Aaseth was asked to prepare a contract for design services. The plan is to start soil testing in the spring, then prepare specs for a bid opening between November 2020 and February 2021. The commission will also consider seeking an upfront loan, which can be repaid from the funds received. The cost of the six-mile-long project was previously estimated at $1.8 million dollars.

Lake Washington road is also a priority, but the commission plans to seek federal transportation funding to complete that project.

Sheriff Paul Lies shared the highlights of his teleconference with the Bureau of Indian Affairs (BIA), Senator John Hoeven’s staff, the N.D. Highway Patrol (NDHP) and the Benson and Ramsey county authorities. On the call, they discussed the issues surrounding the potential change in jurisdiction for the Spirit Lake Nation. Lies noted that the memorandum of understanding (MOU) presented by the tribal authorities isn’t workable because it requires Eddy County officers to call BIA each time they stop a vehicle on reservation land. That isn’t economical or efficient, according to Lies. Officer safety issues are also a concern of his.

A meeting has been set for Jan. 14 - 15 in Bismarck, when all parties are expected to sit down and review the MOU. Lies said that the NDHP has an MOU of its own that allows the agency’s officers to enforce any criminal activity on the reservation for stops which they initiate, and Lies said he asks for the same to be applied to Eddy County.

Communication is another big issue for Lies. “We request reports from them about things that happen on the reservation that involve our residents, and we get nothing,” he said. “It’s like feeding information into a black hole.” The BIA responded that such lack of response shouldn’t happen, citing the importance of interagency cooperation.

Lies added that he knows staffing is partly to blame. “You have three people working the whole reservation. You need help,” he told BIA authorities during the call.

The state lab has changed its policy regarding shipment of drugs collected as evidence back to local agencies. Once drugs are analyzed by the lab, the local authorities have 30 days to retrieve them. The lab is now requiring that each agency have a credit card account on file with FedEx so the state can ship the evidence back once the analysis is complete, which currently takes about 6 months. Williams will open a credit card with Bank Forward for the auditor’s office for this purpose.

Treasurer Kathy Anderson reported that 2019 tax statements went out on Nov. 22. Her office sent out 5,145 notices, some with multiple parcels, representing a total of $3,607,550.51 to be generated. As of Monday, Dec. 16, they had collected just short of $500,000, about 15% of the total.

Veterans Service Officer Kathy Steinbach noted that requests to her office have been light. She assisted with two burial requests, one each for the new Fargo VA cemetery and the Bismarck cemetery. She has also received a few calls for information about various programs.

In other action, the commission:

• Approved 2020 beer and liquor license for Hamar Bar

• Appointed Kenny Reis to another three-year term on Eddy County Water Board

• Amended the 2019 budgets to reflect unforeseen overages

The next regular county commission meeting is set for Tuesday, Jan. 7 at 8:30 a.m.