Bismarck Tribune - Bismarck News - Feedlot given the OK

Feedlot given the OK

Jul 18, 2008 - 04:06:03 CDT

By CHRIS ROSACKER
Bismarck Tribune

The Morton County Commission granted a conditional use permit to Fred Berger for his proposed 8,000 animal unit feedlot west of Mandan on Thursday night.

The commission voted, three in favor and two against, to grant the permit with the condition that the feedlot meets all EPA, state health department and any other environmental requirements and that Berger abide to his agreement with the Morton County roads department.

The meeting, which drew a third straight full house of equal supporters and opposition, was held specifically to address the issue, which was tabled from the previous county commission meeting.

"I feel they did the right thing," Berger said. "I did everything I was asked to do."

The commissioners tabled the issue two weeks to have time to resolve two criteria before they could approve the permit.

The first contention was whether tax payers or Berger would bear the costs of improving the roads to accommodate the traffic to the feedlot.

Chuck Morman, Morton County road superintendent, told the commissioner that Berger had agreed to all the costs association with the roads based on a study by his department.

"Long story short is that the road situation will stay at status quo," Mormon said. "No extra dollars out of the road department will be spent at this particular time."

The second criteria to determine was whether a building permit issued to Donald Hagerott 19 days prior to Berger's application constituted a residence or not. The permit for the building placed it within the 1-mile required setback for the feedlot.

Although no construction has begun on Hagerott's property, he was issued a permit for an on-site treatment system, a 911 address and a sewage treatment permit.

But Allen Koppy, Morton County states attorney advised the commission that the Hagerott property did not legally qualify as a residence at the time of Berger's application.

"Well, this is just round one," said Mark Hagerott, Don Hagerott's son.

Mark Hagerott said they plan to continue to oppose the feedlot in court if necessary.

Berger still has many other hurdles to clear before his feedlot is approved in addition to any legal action by the Hagerotts. He still has to get approval for engineering as well as approval from the North Dakota State Health Department and the North Dakota State Water Commission.

Berger said that if he can get approval for everything, he hopes to break ground in the fall.

(Reach reporter Chris Rosacker at 250-8254 or chris.rosacker@bismarcktribune.com.)

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Comments

Kickback wrote on Jul 25, 2008 12:50 PM:

" To Exasperated

Very well said! I agree with you a 100 percent. Especially the part about Matt Erhardt not doing his job. "

Tax What wrote on Jul 25, 2008 11:35 AM:

" Glad to answer your question to me about the "special tax". No one I know from the Crown Butte area pays this but no one to my knowledge in the Crown Butte has been blogged about that they are such a wonderful asset to the community. About the trucking jobs, I am simply stating that this is not something this area is lacking so it should not be considered a reason to want a 10,000 head feedlot, which is what you previously implied. "

Exasperated wrote on Jul 25, 2008 10:40 AM:

" I would be 'hard-pressed' to refer to you (TAX WHAT) as 'Matt Ehrhardt the 2nd' as you seem to be asking specific, intelligent questions regarding the issue at hand v. someone whose questions and comments at the ONE meeting he attended (where there was no public discussion) were completely irrelevant and often times made no sense at all... To the best of my knowledge, this well-paid County Commissioner did not listen to any of the approx. 8 hours of testimony from either side, which included citizens, lawyers, engineers, State Health Reps., State Ag Reps., the Hagerotts themselves - He did not return phone calls from people on either side of the issue - He apparently did not read any of the 'mountains' of info. his fellow Commissioners had from both sides at their disposal - So yes, I would suppose Mr. Ehrhardt did 'not have enough information' - Because he DID NOT do his job - not even close to the same position you state - and Mr. Ehrhardt is paid very well, with Morton Co. tax dollars, to get informed - I would also like to point out to the taxpayers paying his salary that this is not the only time this has happened - My understanding is that Matt Ehrhardt does not attend ANY meetings after 5pm(regardless of the issues) - apparently its not in his job duties to do so... Personally, I 'beg to differ' and would prefer to have someone representing Morton Co. and collecting a rather nice paycheck to 'do his homework', be more invloved, and actually attend the meetings... "

Exasperated wrote on Jul 25, 2008 10:25 AM:

" According to TAX WHAT apparently I'm not doing a great job with this one but I actually have a question that maybe you can answer (TAX WHAT) - Aside from property taxes, etc, exactly who does pay a 'special tax' directly to the county? Why would Berger need to do this in order to benefit the county? I would assume this feedlot is still legally considered ag rather than commercial or he would be paying a different tax rate - I stand by my statements that (even if you think its somehow 'indirectly') this feedlot still stands to benefit the county and the surrounding community - Aside from purchasing all of his supplies locally (and this is an enormous amount of money spent in our community) many local farmers and ranchers are also looking at the benefits including selling him hay, feed, and utilizing his fertilizer (I know that there are some who have no interest in dealing with him, that's fine, many others do) - while I'm sure one would say they have and can do this elsewhere, many have expressed the convenience and cost effectiveness of saving in trucking expenses - Before you jump on me about the 'trucking expenses' you've said yourself the truckers can make money elsewhere - Regarding the truckers, many truckers consider hauling cattle specifically to be their 'way of life', a career choice, and while you pointed out they can go to Job Service why would they need to if they can haul cattle for Berger? They are local citizens who actually do see this as a great job opportunity... I don't recall ever saying that this would be a 'windfall' for the Crown Butte residents, however, money spent locally, wages paid locally, local employees who spend their money locally does benefit this community - at the very least no one is trying to 'harm' the citizens of Crown Butte - and yes, I am talking in circles because it seems to me the benefits are circular... "

Point to Ponder wrote on Jul 25, 2008 7:53 AM:

" You're right. I'm wrong. I'm sure Fred's going to pay $25.00 dollars an hour and full medical and dental coverage to work in the feedlot. Now, que the country western song about raising your family, flying the flag, and driving a Ford truck. "

Law wrote on Jul 25, 2008 7:41 AM:

" On the tax issue, Berger will not pay any tax money to the county except the property tax on the assessed taxable value of the land. He will pay income tax on any profits his venture makes. (with depreciation, I doubt his paper income will be too much) He will pay some sales tax on his purchases but most farm related items do not have sales tax or at a rate less than the standard 5%. He will pay payroll taxes on his wages. His employees will pay sales taxes, income taxes (if he pays them enough), gas taxes, property taxes (if they own property), cigarette taxes (if they smoke), alcohol taxes (if they drink), telecommunication taxes ( if they have a phone), utility taxes, vehicle taxes, etc etc etc "

Exasperated wrote on Jul 25, 2008 12:19 AM:

" So now Berger is going to hire illegal immigrants? Please... give us a break already... enough said... again... Although, come to think of it, wouldn't it still be 'economically stimulating' for the TP Motel if he did and they all stayed there? Or, better yet, the college grads could move home, work for the INS and raid the feedlot, arresting all the illegals, great job opportunities... I know - this is ridiculous, isn't it? "

Tax what wrote on Jul 24, 2008 11:26 PM:

" Exaspterated, you have yet to point out one way this feedlot would bring more money to the COUNTY (rural area) I am not curious about the CITY or STATE. The only reason I have this question is due to the many bloggers who say the rural residents who live in the Crown Butte area should be blessed to have this kind of windfall coming in. Your responses to this question have yet to make sense or give any answers, you appear to be talking in circles. What I was saying is that the tax rate on products Berger purchases would be (5%) this is only state tax (since his BUSINESS is in the county and he won't be paying the (1%) city tax, which means to me, this feedlot could be anywhere in the state of ND and Morton County would benefit the same. Someone has been paying agricultural tax on this land since before your daddy was born, it is not a new stimulus package for the county. In my mind a 8,000 to 10,000 feedlot is a commercial business and should be taxed accordingly. We are not short of trucking jobs either, you could get one today if you have your CDL license, you should check out Job Service sometime. The comment you made about if I think a trucker should leave his job to work construction was actually funny, since you referred to the trucker "as already having a job" why would he need one from Berger. And lastly, how do you know he pays so great (better than other trucking companies), do you work for him or is he one of the dozens of adds looking for drivers listed at Job Service!! Lastly, by my questions you probably think I am totally against this feedlot, actually, I am not, at first I was totally for it, but I have kept an open mind throughout this process and it is real people who are making me want more answers I guess you could call me Matt Ehrhardt the 2nd! "

ALSO EXASPERATED wrote on Jul 24, 2008 10:45 PM:

" To Tax What, Of course Fred has to pay State & Federal taxes just like everyone else. It doesn't matter if his business is in the county or city. Besides county tax of 5% he'll pay State, Federal, Income, Corporate, Job Service, Property and maybe even Sales & Use (i'm not sure about the last one) and probably even more that I missed. So don't worry, the Government makes sure you pay out of your rearend when you have a business.
To Point to Ponder, Get real.! Illegal immigrants? Now you are trying to say Fred will be breaking the law. Regardless what you think, there are plenty of people out there that like working with cattle and will jump at the chance to work at a reputable business like the feedlot. Jealous aren't you? You obviously hate your
job. "

Point to Ponder wrote on Jul 24, 2008 10:19 PM:

" My question I am pondering: where are all the illegal immigrants who will be working in the feedlot going to stay? Is there room available at the TeePee Motel? as far as this being a stimulus to bring jobs into Morton County, I can't see anybody graduating college and wanting to move home to work in a feedlot. "

Beef Its Whats For Dinner wrote on Jul 24, 2008 6:37 PM:

" To stick to city business : My feelings regarding "Upset" bringing up the military issue is simply "Why?" My guess is "upset" was being facetious when he made the comment about the county commission and our Veterans. My grandfather, father, brother, and many many friends have served and continue to serve in the military. I am glad you feel the utmost respect for your neighbor and think he deserves what he wants because of his service to this country, unfortunately, the vets are not treated that way. I personally think all Vets should be given way more than what they do get. The topic of what veteran's deserve belongs in it's whole entire unique blog, not this one. Not only do we vote for county commissioners this fall, we also will be voting for a new president. Keep our Vets in mind when you go to the polls! "

Exasperated wrote on Jul 24, 2008 12:39 PM:

" To TAX WHAT: I believe you asked how Berger's feedlot would be bringing money into the county and I responded by pointing out a variety of ways in which it would - Are you saying that patronizing local businesses, regardless of the tax rate, would not be an economic stimulus to the area? Paying ag tax rates on ag land that is being used in an agricultural way seems perfectly logical to me (It's still paying taxes, right?) - Maybe if people are concerned that ag land pays less taxes that should be addressed to all ag producers, not just one (There's no exception being made for Berger) - Personally, I don't have a problem with the tax base as I am supportive of all the agricultural production that feeds this country... So, if we already have too many job opportunities there should not be any new ones? Especially well-paying ones? Because many (not all) job opportunities around here are not especially well-paying ones... Should those truckers who would benefit from this feedlot quit the trucking industry and get a job in the service or construction industry because we have too many jobs here already? Finally, even if it's taxed at a lower rate than housing developments (ag rate again here), it's still tax revenue, right? "

Tax What again wrote on Jul 24, 2008 9:42 AM:

" I just caught the military posts. I do think it could have been said in a more respectable manner to "beef it is whats for dinner", but, I also feel that if Mr. Haggerot was out of the state working for our military for 20 years we should welcome him home with open arms (whether the feedlot was an issue or not), not be offended that it was brought up he is in the military. People are getting literally out of control with this issue, and it appears to be bringing out the worst in people. Negative and rude comments to individuals is not going to change the County Commissions position. "

Exasperated wrote on Jul 24, 2008 9:33 AM:

" TO ONLINE EDITOR: I have to admit it bothers me to have people posting here thinking that I have blogged under multiple names (implying that there are more people on one side of the issue than the other) when I have never blogged under another name - maybe you meant NOT Exasperated who I think blogged under "Feedlot would be a smelly mistake"? If its possible, I would appreciate this getting 'cleared up'... "

Tax What wrote on Jul 24, 2008 9:28 AM:

" To Exasperated, not suprised my answer came from you. It is not the answer I am looking for. You see, vets, implement dealers, food services, feed, and hay do not have a tax that goes to the COUNTY in fact when Fred Berger has items delivered to the County (his feedlot) that are taxable he only pays a 5% tax rate instead of the 6% rate because he won't be paying the 1% city tax either. As far as payroll, that leads me back to the same question I asked before, will his employees and himself pay a special "county tax" instead of just "state" and "federal" tax like the rest of us? I'm not sure when you referred to "trucking" if it was for tax purposes or jobs opportunities. If you are referring to the fact we will have more job opportunities, that is definately not something this area should be concerned about, we literally have businesses closing because of a lack of employees. Jobs are everywhere in the labor field, call any construction company in the phone book and ask them how hard it is to find hirable labor. "

Mandan wrote on Jul 24, 2008 1:07 AM:

" to SGT. Me so I am supposed to shut up and step back huh? Well then make sure that you don't try coming by my house or any of my neighbors for signatures again! I live right on the nw edge of mandan as close as you can get and still be city unfortunately, but last I checked mandan is in morton county. I am all for the feedlot and I hope Berger has everything in line so that he can break ground in the fall! "

ALSO EXASPERATED wrote on Jul 24, 2008 12:58 AM:

" I am also exasperated. I can't believe what I am reading. I live West of Mandan in a development for ten years. When I moved there I knew that I was surrounded by agricultural land and love it. Cows in the pasture to the west of me and a wheat field behind me. Can't get any better than that unless I lived on a ranch. Too bad
Fred Berger doesn't own this land near me! Wouldn't bother me one bit. Who cares what Susan Beehler thinks, she's not a county commissioner! What do you think she's the second coming and will make all your dreams come true? We already live in the Garden of Eden and we don't need Matt Erhardt and Jim Boehm
telling us we won't anymore if the feedlot gets the go ahead. Move back to town, I don't want any of you for neighbors. Bunch of complainers, the lot of you! "

Exasperated wrote on Jul 24, 2008 12:56 AM:

" Specifically to 'STICK TO CITY BUSINESS': I believe those who live in the 'county' would actually include the city residents of Mandan as the city of Mandan is still in the 'county' - I have many friends/family who, although they love their beef, don't care for the 'smell' of AGRICULTURE so they choose to live in the city, rather than live in AGRICULTURALLY zoned areas and complain about where their food comes from - Again, with the insults, unintelligent enough... but yet 'WE TALKING ABOUT' the same government that 'ENSURES'... enough said...

I'm just assuming here, but I would guess that when 'Beef its whats for dinner' took offense to the military issue it was because the military was introduced by another blogger and had absolutely no bearing on the issue at hand. I have the utmost respect for this country's military, these people are amazing, they are truly the reason we can be here blogging this issue to begin with - that said, I don't see how a person's being in the military has any relevence to this issue (If Berger was retired military would that give him an 'automatic in' with his feedlot - being he's met all other criteria?) Why would this give him/her (Beef its whats for dinner) 'PSYCHOLOGICAL issues that need to be dealt with'? Again, with the insults...? "

Exasperated wrote on Jul 24, 2008 12:31 AM:

" If the 'city people' are supposed to stay out of it why have there been petitions floating around for the last few months 'in the city', why are many of the letters to the editor, blogs, etc. been not only by 'city people' but informing the 'city people' that they are going to have negative consequences, i.e. smell, etc. from this feedlot - yet when there are 'city people' who support the issue they are all of the sudden supposed to stay out of it?

Just a thought here, but when tax revenue is discussed, I'd be guessing there are many, many areas of tax revenue including (but not limited to) property taxes, trucking, vet services/supplies, food service industry, feed, hay, fuel, payroll, implement dealers, etc., etc., etc.... "

Online Editor wrote on Jul 23, 2008 4:29 PM:

" To tax what, Keep things Small, stick to city business, wheres your conscience, writing editorials, Exasperated, Upset and Unbelieveable: pick a name and stick with it. Using multiple names makes the conversation appear to have more people on one side of an issue than there really is. "

tax what wrote on Jul 23, 2008 3:59 PM:

" I am reading all the blogs and I am very confused on one issue, I am looking for answers from anyone who knows true facts, I do not want to be misled. How would this feedlot be bringing so much money to the county?? Isn't Berger going to be in an area zoned agricultural? Are areas zoned agricultura still only taxed on the land? Will Berger have to pay a special income tax that is desegnated to the county that I am not aware of or will it still be only federal and state taxes like the rest of us? If this is a county revenue issue, wouldn't there be more revenue if this areas zoning was changed to residential and 20 new homes were built, since the county has made it clear they will absolutely not pay for roads to be built for a subdivision, it is the developers cost? We have a house in this area and our taxes are $3800.00 that would mean a tax revenue of $76,000, it is my understanding Bergers taxes will be about $74,200 dollars less? Once again I truly want answers, and I would prefer them from someone who knows what they are talking about, a county commissioner or the county assesor would be great!! "

Keep things Small wrote on Jul 23, 2008 2:59 PM:

" I live near the new proposed feedlot and I am opposed to it mostly because of it's size. I feel it would be better off to everyone if the feedlot would be under 2,000 head. Then the problems that go with the feedlot would not be so magnified, because they would be spread out over the county and not confined to one spot. Crap does smell, for those of you who don't know this God blessed you!!!! "

stick to city business wrote on Jul 23, 2008 2:53 PM:

" If you do not live within 5 miles of this feed lot and certainly to those who don't even live in the county, for the life of me, I do not understand what business you have in this debate. Us country folks don't mingle in any of your "city ordinance" issues! Why is there even city ordinances if you don't like the way people act in town, you have the option to move to the country. I can't believe there are people out there unintelligent enough to feel if the government is "in charge" of a business it will run smoothly and safely. When the government does not safely monitor this sight it is already too late, why take a chance on a proven loser. We talking about the same government that insures are food supply is safe from Salmonila and e-colli, that keeps peace with other countries, that keeps us out of deficit, that takes care of our citizens in a timely manner when their lives are at stake from flooding....etc. etc. etc....... WAKE UP!!!!! And to "Beef its what for dinner" why would you be offended that a veterans neighbor feels that a he has the right to move home to his families land when he retires, If you find this offensive to veterans you may have some pshycological issues that need to be dealt with!!!! And lastly, to all of those who state Berger had all is paperwork completed, please don't say things that simply aren't true, if you went to the meetings you would know this. "

SST wrote on Jul 23, 2008 1:32 PM:

" to writing editorials. I'm a mandan resident and I don't think you want me writing editorials because I think Fred should be able to build his feedlot. I don't believe we will be smelling this feedlot in Mandan. The feedlot will be monitored and any problems will be corrected and as far as the roads and additional taxes, I would venture to guess that most farms in the area have semi tractors and large farm equipment that is already beating up the roads and they probably need repair already "

writing editorials wrote on Jul 23, 2008 11:37 AM:

" I hope people keep writing editorials it gets the word out, and you can express your concerns since the commissioners sure don't care about any concerns from Mandan residents! " "

Where is Susan wrote on Jul 22, 2008 9:31 AM:

" I agree with other comments on here, Susan has no problem speaking up on city issues, where is she? on vacation?
Dakota "

wce wrote on Jul 22, 2008 9:25 AM:

" Just because some people think that every issue has been addressed does not mean that the rest of us feel that every issure has been addressed! Right now, I do hope that something in the plans make it impossible for the feedlot to go in at that location. There are a lot of things that need to be done. I still think that the planning and zoning and the commission moved way to fast on this one. After all, they all should be careful, 'that this one has to be done right!' Or are we all wrong to insist that all things be done' right' for the good of the county. "

Point to Ponder wrote on Jul 21, 2008 3:05 PM:

" According to an article in the Tribune (June 11, 2008), the Morton County election results were as follows:
Mark Bitz (I) 1,586
Susan Beehler 1,182
Richard Tokach (I) 1,133
Ron Balkowitsch 973
Bruce Strinden 920
Matt Erhardt (I) 880
Terry Schantz 795
Tim Berhow 787
Randy Baumgartner 779

The top six move onto the general election. This is an interesting topic to ask about during their campaigns. I would be most interested in what the challengers to the three incumbants would have to say. "

snoller wrote on Jul 21, 2008 3:03 PM:

" We can exagerate all day long. In the end, only the lawyers will laugh all the way to the bank. Ching ching, ching ching. Then the prices will go up again. To bad so sad, somebody will pocket thousands on this deal. I say, it's in the rural area and it's going to stink. Deal with it. "

Exasperated wrote on Jul 21, 2008 11:26 AM:

" To WCE: Of course this feedlot will not 'fly' until Berger has met all EPA, Health Dept, etc. standards - that is exactly what everyone has been trying to tell you people - these agencies work to ensure everyone's safety... Next, concerning Berger's permit - to my understanding his permit was submitted just as it should be and any confusion was during the discussion point, not from the actual permit itself...As for spreading his "doo-doo" (or valuable fertilizer as most farmers would call it) there has been (and will be) MANY who actually WANT this fertilizer, as well as Berger's personal land - if his neighbors don't want to utilize this valuable product it's their choice but speaks volumes about thinking rationally - this is a BONUS for them if they would so choose to take advantage - irregardless, it will make no difference...As for the one commissioner who said he 'didn't have enough information' - maybe if he had attended a single meeting where over 8 hours of combined testimony were heard or answered phone calls from those on either side of the issue or requested any of the mountains of info. his fellow commissioners had in their possession he might have had some info. - I was shocked and appalled by this particular commissioner and his 'lack of knowledge' - the points and questions that came out of his mouth were irrelevant and at times didn't even make sense...As for the commissioners who didn't vote in your favor and you now claim do not care what the people have to say and are unconcerned with the people of Mandan/Morton Co. - I guess I forgot that the only people who count in the said area are those who oppose this feedlot...If you have too many unanswered questions perhaps you could request a copy of the transcripts from the meetings because I believe every question was addressed even if it was deferred to the State Health Dept. - once again, this will not 'fly' if all of Berger's "ducks aren't in a row" - please, listen... "

mark wrote on Jul 21, 2008 10:54 AM:

" Good job Fred Berger. Good luck with everything. "

mh wrote on Jul 20, 2008 10:01 PM:

" At last check this is still the good old USA where everyone is entitled to their opinion. "

Beef Its Whats For Dinner wrote on Jul 20, 2008 8:58 PM:

" To Upset: How dare you drag our US Veteran's into this blog. I am extremely offended you did this. You should be ashamed of yourself. "

wce wrote on Jul 20, 2008 7:47 PM:

" rancher: The article does not state that Berger has met "all EPA, etc" Here is what it states: grant the permit 'with the condition' that the feedlot meets all EPA, etc.."
Berger has not had to meet anything .... yet! He will have to meet it. Heck, he never even had all his ducks in a row to begiin with! He applied for 10,000 head, then it was 8,000 head, then it was 8,000 animal units... and so on! He never did tell the commission where he was going to spread his 'dodo'. He claimed he had 4100 acres to spread it on and yet, I have not heard one farmer in the area say they would let him spread it on their land! One of the commissioners said that there was not enough information available and I certainly agree with that! To many unanswered quuestions! He didn't have his permit filled out correctly and yet that didn't seem to matter. I give credit to the two that voted not to let it go through at this point. Too bad the other three are not looking out for the rest of the people! "

SGT. Me wrote on Jul 20, 2008 8:30 AM:

" Personally, I think ANYONE who should have ANY say in if this feedlot goes up or not, it should be those who live in the area. Everyone else, you don't live there, you don't have to smell it, you don't have to play in the area and you don't have kids in the area, shut up and step back. "

City slicker wrote on Jul 19, 2008 11:47 AM:

" I, too, am tired of comments that imply someone was paid off, or the good ol' boys network. As soon as something doesn't go someone's way they start looking for a fault. This paid off and good ol' boys thing is just getting sickening. Sure, everyone knows someone, and regardless of decisions, within the county or city commissions, someone will know someone, that does not make it a good ol' boys system. Decisions are going to be favorable for some, and some will disagree with them all the time. But implying decisions are based on friendship. money, or favors owed or whatever else the armchair commissioners (computer bloggers) come up with is old and outdated and lame. Grow up. If that's the case, regardless of the outcome of issues, there will be a good ol' boys system, and if the decision favors the armchair commissioners opinion, I guess they would be part of it. "

Exasperated wrote on Jul 19, 2008 10:55 AM:

" In response to 'Letter vs Spirit of the Law' - "discourage incompatible land uses from locating within close proximity of each other" - I believe that the land that is within close proximity to the feedlot is actually farms/livestock, dairies (in other words, agriculture) - How is this incompatible? If the feedlot would be incompatible with the rural subdivisions wouldn't these other operations also be incompatible? Would they need to relocate if we were to follow your interpretation of the "spirit of the law"? I believe the site was chosen specifically because it was compatible with the land uses surrounding it... "

Western wrote on Jul 19, 2008 8:09 AM:

" I don't know Fred Berger but I hear he's a fine person from people who do know him. That said, I don't agree that meeting the requirements of the county plan and the law are all that should be required for approval of a project. If that were the case, we wouldn't need people like county commissioners to consider whether or not to approve projects; we'd just need computers to analyze the data and spit out the decision.

One attribute of large industrial/agricultural projects like feed lots is that if everything goes right, that's great, but if something goes wrong, it often goes wrong in a very big way with huge costs; if the problems can even be truly undone. Uncaring or undercapitalized owners then abandon the project and the public is left with the mess. That's why the past history of the operator, their financial position, risk mitigation provisions and similar are an important part of the decision process; in addition to the law and the plan.

From what I have heard, Fred Berger is a good operator and has the financial backing to run a good operation; although, things can change for anybody. I wish him the best with his venture. Hopefully, the county commission has considered the risks and the protection of the public should any major problems develop.

This situation in Morton County is a prime example of why good comprehensive planning that considers rural and urban integration over time is critical. Our cities will keep growing. They grow into what are now rural areas (where else would they grow into?). Some now involved in agriculture will want to sell or develop their land for other uses. Some will want to remain firmly in agriculture. Much to consider. "

Exasperated wrote on Jul 19, 2008 12:26 AM:

" Oops, I forgot to respond to WCE's other 'simple' concern - the feedlot site is approx. 9 MILES from the city of Mandan and in an area zoned for AGRICULTURE - people who don't like ALL the country has and can have to offer should maybe not live in a subdivision that has agriculturally zoned areas around it - or another alternative would have been to purchase said land and have it rezoned... "

Exasperated wrote on Jul 19, 2008 12:10 AM:

" To WCE: I feel strongly when I and members of this community are accused of being 'paid' to support an issue - more than once this has been both stated and implied - it is both erroneous and insulting...There was not more people opposed to this at the second meeting as the lawyer for the opposition (as well as the Tribune and several other news sources)pointed out in such statements as an 'evenly divided room' - and to UPSET: many, many people that support the feedlot took personal time to attend and many more could not attend due to work and/or family obligations...My statement to the effect of being big enough to admit when you're wrong is simply "food for thought" - however, it would require some thinking...Of course you have every right to protest this and your 'simple' concerns appear to have been answered - the contamination issue concerning Crown Butte Dam was addressed by the professional engineers designing this feedlot and you can bet your bottom dollar the State Health Dept. will deal and will continue to deal with this issue - Bill Price, whose feedlot (yes it is comparable to the Berger operation)is approx. 500 feet from the Missouri River(not 3-4 miles) does not have a contamination problem (once again the State Health Dept. ensures this)...A 'political thing' is actually probably a true statement since the opposition has used the upcoming election of county commissioners as a 'threat'(as well as a supposed 'recall')...Last I checked Roger Johnson's job duties would include supporting agriculture in the state of ND...Finally - you completely lost me on the 'dirty little secret' thing - I've personally known about this for a whole lot longer than the last few months and if you had concerns with what would be going in on the agriculturally zoned land maybe you should have just bought it yourself... "

broken record wrote on Jul 18, 2008 11:26 PM:

" I've lost count of how many times Erhardt has used the excuse "I can't vote on that. I don't have enough information." Well, who is responsible for getting the information, Matt?! At over $24,000 a year you'd think he would be able to get the information he needed to do the job. Start earning the salary instead of hiding behind excuses. "

Where in the world is Beehler wrote on Jul 18, 2008 11:22 PM:

" Susan Beehler has not said one word about this issue. Very surprising since she is never at a loss for negative comments on every other issue. I hope everyone remembers this at election time in November. Do we really want someone who throws accusations and misguided opinions at everyone else who has the guts to make tough decisions but when asked to take a stand on a tough decision herself, she disappears? I know I won't be voting for that type of person. Hopefully all Morton county citizens recognize that type of 20/20 hindsight vision; also known as Monday morning quaterbacking.
To Susan, stop meddling in every other area of government and let the people know how you feel about issues in the area you are running for office! "

Letter vs Spirit of the law wrote on Jul 18, 2008 11:21 PM:

" We seem to be debating the "letter of the law" vs the "spirit of the law". If the land is designated "agriculture", does that mean all kinds of agriculture including commercial feedlots are allowed? If there are laws (the letters of the law) governing feedlots on agricultural land, can we totally ignore the commissioners' Comprehensive Plan that says "discourage incompatible land uses from locating in close proximity to one another (the spirit of the law)? If the wording of the law conflicts with the intent of the law, then usually the spirit of the law seems to have had more legal authority in cases ruled by the Supreme Court. "

onewhoknows wrote on Jul 18, 2008 9:30 PM:

" For your information money does talk but you've got the wrong guy if you think it's about money. Fred's a hard honest working man, great father of 7 kids, good person and probably one of the hardest workers ever! If you think that he's made out of money, boy you've got the wrong guy! "

NKKAJJN wrote on Jul 18, 2008 9:28 PM:

" Good luck pops! One hurdle passed! "

mandanite wrote on Jul 18, 2008 8:58 PM:

" If you were at the meeting last night, Matt Erhart said he voted no "because" he did not have "enough information." If he would have been at the last meeting, he would have all the information everyone else had. It seems he alwasy has an excuse when their is hot topic to discuss. Now he voted no becasue he did not have enough information? He knew the feedlot issue was tabled. He could have called any of the other commissioners and asked for adn received all the information he needed to make a decision. AND yes, Beehler has an opinion on anything else and she is the first one to be blogging on any hot topic. How come she hasn't made any comments on this topic? Hope she isn't another Matt Erhart. "

Mandan wrote on Jul 18, 2008 7:34 PM:

" to Upset: you stated that this was Hagernotts family homeland but if that is so where is the home that should already be there?
COME ON PEOPLE the commission did the right thing because every concern has been answered and I for a fact know that living close to a feedlot is not a problem. And I lived alot closer than any of you complainers have ever or will and never smelled the feedlot. I lived within a quarter mile supposedly downwind but never an issue.
TO kb: go ahead dont pay your taxes that will be real "honest" wont it! Your whole comment just sounds like you like to complain and the things you say you will complain about will not even be an issue unless you yourself create the problem.
And just to clarify I live in NW Mandan right at the city limits and I do not know Berger nor Hagernott so I have nothing to gain from this except that I think the county did the right thing! "

wce wrote on Jul 18, 2008 7:08 PM:

" Exasperated... Why are you shouting?

There were more people against the feedlot at the first two meetings than there were for it! And that is not a lie!

Just because you are for the feedlot does not make you right and everyone else wrong! There are things that were not addressed at the meeting last night and at the other two meetings. Berger claims he has 4,100 acres of land to spread his 'crap' on....What land would that be?

Most of us just do not want the feedlot near that area! For simple reasons, that it is too close to Mandan area that is growing fast and that we are afraid it will contanimate The Crown Butte Dam. Once it is contaminated, it is to late! We only need 4 inces of rain in 24 hours to pollute the Dam. That never happens?

We do have rights to protest this, or is it now not a free country? It seems like it is more of a political thing right now with Roger Johnson getting his nose in there with his letter at the first meeting and last night some 'big wig' going up and shaking the hands of all the commissioners, as though saying, "I am for this feedlot and you better vote for it".

And, no the concerns have not been fully addressed!

I want to know why no one heard of this feedlot going in until one month before it was brought up to the planning and zoning board? I guess it WAS a 'dirty little secret'! "

Big Guy wrote on Jul 18, 2008 4:46 PM:

" Let me correct myself before someone else does......
"What is their stand on the issue" (up coming people in the Nov. election) "

Big Guy wrote on Jul 18, 2008 4:02 PM:

" Were any of the other people who are up for election for county commision in November there? What were there stand? "

Band Nut wrote on Jul 18, 2008 3:56 PM:

" Because I have lived and worked most of my life on a farm I can understand why city people like to locate in the country, however, they should remember that the first and foremost use of rural land is for agriculture.

I have come to the conclusion that any off farm housing should be strictly zoned and confined to residential regions that do not interfere with agricultural use. "

Big Guy wrote on Jul 18, 2008 3:53 PM:

" Was Susan Beehler there? Does anyone know her stand on the issue? "

BB wrote on Jul 18, 2008 3:43 PM:

" To Unvelievable: The Comprehensive Plan speaks volumes. Now let's see if the Morton Co. commission haas the guts to say they made a mistake. Keep fighting people. Somehow, you will win this thing!!!!!!! "

Exasperated wrote on Jul 18, 2008 3:36 PM:

" I HAVE HEARD ENOUGH - Do you people even hear yourselves? How DARE you say or even imply that Fred Berger's friends, family, and supporters in general were 'paid' GIVE ME A BREAK - this has cost all of us just as much as it has cost you (some of us more than others) You are very mistaken to say that this was the first meeting where at least half the room was filled with Berger supporters - The Hagerott issue was a PLOY it was dishonest and everyone knows it - You people have tried to use every 'hot button' issue (which clearly have no bearing whatsoever in this situation) you could find to try to 'rouse people who know nothing about an actual feedlot from closed interstates to the 'hydrogen peroxide' fumes (this one was actually entertaining) - From the absurd accusations to the bald-faced lies YOU should be ashamed of YOURSELVES! Look at the behavior that was displayed at the end of last night's meeting! If you have been listening AT ALL over the last month you would realize that all of your concerns have been properly addressed - NO ONE is trying to hurt you! This feedlot is NOT a bad thing - It takes an awful big person(s) to admit when they may have been wrong about something... "

City slicker wrote on Jul 18, 2008 3:19 PM:

" I don't live in the country but I can see the concerns of the county residents. I do believe they need to be given some consideration with the issues such as noise, smell, contamination of waters, and an interruption of country living the way they know it. No one said there shouldn't be a feed lot, the main concern was the location. If I was Mr. Berger I don't think I would fight so hard to be someplace that I wasn't wanted. Surely there is plenty of land further out and away from residence's that are already established. As far as voting to change the commission, I didn't really see or hear the opinions from our potential commissioners (the current candidates) so we don't know what their stand would have been. It appears this potato was too hot to comment on at such a critical time in their campaign. "

Halatbis wrote on Jul 18, 2008 2:33 PM:

" The zoning regulations for Morton County) are the guide for the commissioners to use in ruling on applications for building and development. These are put in place ahead of time by a set of procedures and public hearings, and then they are passed and put into law. The commissioners must follow their zoning regulations--if the project under consideration meets the zoning requirements, there is no valid reason to deny the applicant. That is not to say that everyone has to like it; however, not liking the applicant or his project is not a valid reason for a denial of permit. "

Upset wrote on Jul 18, 2008 1:48 PM:

" First to the person that likes the smell. You can come out and buy my house or better yet maybe Mr. Hagrott would be willing to sell you the property that has been his families homeland for all these years. Maybe the County Commissioner's could just come right out and say they do not want our Veterans to come home and live on their family land after serving 20 or more years in the service of our United States Armed Forces. It was really fun to see how scared Berger is, by postponing their vote, the commissioner's gave Berger time to get more of his people there for this meeting, they did not know they needed them at the last two meetings. I am sure the people that work and got paid from Berger to show up at this meeting last night. All I have to say is you should be ashamed. The part about the field access or home access is a really grabbing at straws. Wow Mr. Hagrott made one mistake on his permit, which by the way when it was put in it still was a field. What about all the spaces on Bergers permit that were not even filled in or the paper work that was not presented with the permit that it requires. Mr. Hagrott should keep spending money to build his house but Berger and his lawyers do not even complete theirs. Let alone, heaven forbid that he should spend any of his money to even file the proper paperwork with his application to the Zoning and Planning Commissioners. At least the people that were against it came on their own time and some even lost pay to take off work to be there. "

Unbelieveable wrote on Jul 18, 2008 1:47 PM:

" The commissioners did not even follow their own Comprehensive Plan that they have on their website. If they had they would have seen that they say: As growth in the rural sector continues, strict zoning regulations should be enforced so as to ensure the most appropriate type of development possible. The county supports rural residential growth yet is obligated to promote orderly development. Discourage incompatible land uses from locating in close proximity to one another and implement buffer zones when appropriate. Conserve and develop natural resources and restrict uses adversely affecting air quality, water quality land quality, noise levels and aesthetics. Prevent rural areas from becoming dump grounds for uses not wanted elsewhere. Ensure the preservation of rural water table by discouraging high-intensity non-farm development and water usage in agricultural areas. Enhance the attractiveness of residential areas by preventing junkyards, other unsightly industries and incompatible uses from locating in or near such neighborhoods. Preserve and enhance the historic, scenic, recreational and valuable natural and wildlife areas in the county. Promote tourism by enhancing local features of interest and conserving the natural beauty of the area. Encourage special provisions for the acquisition and protection of scenic easements within the county.

. "

jb wrote on Jul 18, 2008 1:05 PM:

" kb you go ahead and NOT pay your taxes. And you talk about honesty!
They followed the laws in voting for it, plain and simple and it WAS legal.
I especially enjoyed all of the so called "facts" thrown around. "

what ever wrote on Jul 18, 2008 11:37 AM:

" this is going to end up in a law suit anyway the feed lot should not be going in ther "

Exasperated wrote on Jul 18, 2008 11:06 AM:

" To KB: Have you been complaining to the commissioners and agencies for years? Because one could only assume that there are already flies (or will Berger be supplying them for you?), the area smells already from existing livestock and dairy operations (it is an agricultural area after all), grain, hay, and milk trucks are already on the roadways, and any manure floating into Crown Butte Dam certainly won't be from the Berger feedlot as it is nowhere near the actual dam nor will he be contaminating any of the water in the area (the State Health Dept. can assure you of this)...Why are the fish going to die? Are you going to poison them?Residents of Bis/Mandan who wish to smell the feedlot will have to drive out to the actual site so hopefully, they'll be sure to give you 'consideration' on the roadway...As for not paying your taxes? Well, I guess that's a personal choice but if a person does any looking, many of the people in the Crown Butte area already don't pay their property taxes, so what's new? "

Hard Working Rancher wrote on Jul 18, 2008 10:59 AM:

" I believe Mr. Berger currently has a smaller feedlot closer to Mandan then the on he want to build. I have never heard about any problems with it and have never smelled it by driving by it. I wish I would, I like the smell. I do not forsee any problems with the new feedlot. This is cattle country, so get used to it. "

CB Resident wrote on Jul 18, 2008 10:44 AM:

" To Tommy. Just because I oppose the feedlot does not make me lazy. Also, just because Mr. Berger want to build a feedlot does not make him successful and hardworking. Check your facts before opening your trap! The accepted land use of the Crown Butte area has been residential developments mixed with farms and ranches. There is no place for an industrial cow factory placed too close to residential and the population centers of Bismarck and Mandan. Mr. Berger did not even complete his permit, oh my it is too costly to do the leg work to do that correctly and attach all required info. Will it be too costly to operate his feedlot when he has that? "

CC wrote on Jul 18, 2008 10:34 AM:

" Good decision. When in doubt, follow the law. Other feedlots do exist in the state. Other feedlots do exist in the nation. People need to step back and relax. Go visit a lot. You might be pleasantly surprised. Just drop all the anger - life is too short.
If Mr Hagerott really intended on building a house there why was his approach permit for "field access"? Who exactly is he planning to sue? Is his lawyer still accepting donations? "

Exasperated wrote on Jul 18, 2008 10:23 AM:

" I agree that its time for "CHANGE" - I personally don't want my tax dollars used to write a paycheck to a county commissioner who does not attend meetings after 5pm, did not listen to ANY testimony from either side of this issue, clearly didn't even understand many of the issues and yet thinks he can make an 'informed' decision... I support those commissioners who properly do the job they are paid to do and follow the law in doing so... Thank you to ALL of those commissioners (those for and the one opposed who at least had the courtesy to attend the meetings and know what the issues were)...

GIVE ME A BREAK WITH YOUR "MONEY" COMMENTS - Asking the public for donations to help you "savecrownbutte"? That's not 'honest' money - Crown Butte is not in jeopardy! The 'good old' boy network may have come into play last night but not on the side of the supporters who clearly made intelligent, educated, informed statements and decisions.... "

CB Resident wrote on Jul 18, 2008 10:21 AM:

" Zachmeier looked like he has second thoughts about his decision after the vote. He looked like he had a guilty conscience. Wonder what he's hiding? "

CB Resident wrote on Jul 18, 2008 10:05 AM:

" Commissioners voted as follows: Tokach yes, Bitz yes, Erhardt no, Boehm no and Zachmeier yes. "

Razors Edge wrote on Jul 18, 2008 10:04 AM:

" To all you naysayers. He is paying to upkeep the road, abide by all EPA, state health department and any other environmental requirements. So this has no cost to the taxpayers. If he doesn't abide by all of these rules you guys shut him down. It's that simple. "

SST wrote on Jul 18, 2008 9:54 AM:

" to Facts I want to know the names of the ones that didnt' vote for the feedlot so I don't vote for them when they come up for reelection "

Just Me wrote on Jul 18, 2008 9:45 AM:

" "Kickback" couldn't have said it any better! I think a permit is only good for 6 months. "

kickback wrote on Jul 18, 2008 9:26 AM:

" I was at the meeting and I was neither for or against the feedlot. However, I do believe that the county did the right thing. They followed the law. No matter how they would have voted there would have been a lawsuit. It's a shame that the two who voted no, probably only did so for the votes they will have lost in upcoming elections. All voters have the right to vote for who they want, but that also doesn't mean they have the right to go around and threaten commissioner's to vote a certain way or they will lose their vote. Congrats to the commissioner's for following the law. "

Tommy wrote on Jul 18, 2008 8:55 AM:

" Congrats Mr. Berger..... some less fortunate a.k.a. (lazy) people will always try to stand if the way of successful a.k.a ( hard working) people. You did everything that was asked of you and I congratulate you. All these people that think they are farmers and ranchers because they bought 2 acres in the country can now truly live in the country. The whole experience. This is a good thing for Morton County. I would have to imagine that Kist will prob move out that way sooner or later as well. Then you can have a large sale barn and feedlot all in one area. Once again..Congrats... "

Facts wrote on Jul 18, 2008 8:48 AM:

" Which commissioners voted for this feed lot? The public needs to know so we don't vote for them again. "

Larry M wrote on Jul 18, 2008 8:29 AM:

" Ok, so I've heard all the arguements about traffic, smell etc etc. People are forgetting the main issue here, which is that Hagerotts had their permit in first. Now I think you get 24 months to build after a permit is issued anybody know if that is right? Anyway if this is true and it goes to court then the judge should rule that they have until 2010 to get a established residence there. For the record I live about 2 miles from the site and I am all for it. However right is right and if Hagerotts truly intend on building a residence there they should have that opportunity. "

Huh wrote on Jul 18, 2008 8:12 AM:

" Don Hagerott doesn't have a leg to stand on. It doesn't appear that a shovel has hit the dirt yet, so there is NO residence there. I'm not necessarily in favor of this feedlot idea, but Berger has indeed done all that was asked of him, and legally is in a better position than Hagerott. As for the rest of the opposition, they have very valid points about the stench, road deterioration, groundwater issues, etc. "

rancher wrote on Jul 18, 2008 7:52 AM:

" I cannot believe that two commissioners voted against the feedlot when according to the article Berger met, "all EPA, state health department and any other environmental requirements and that Berger abide to his agreement with the Morton County roads department."
So a buisnessman can meet all government requirements, jump through all those hoops let up by the experts, and then a couple county commissioners who are far from experts on the situation try to derail it by voting against a completely legal project. I hope people remember these two come election time. "

CONGRATS wrote on Jul 18, 2008 7:37 AM:

" Well done Mr. Berger--best of luck, and congratulations!! "

kb wrote on Jul 18, 2008 7:03 AM:

" This fall? Does Mr. Berger remember that agencies need to give the public 30 days notice to attend meetings? I guess money talks and public concerns are secondary. As a resident west of Mandan I will have the commissioners and agency phone numbers on my speed dail to complain about smell, flies, semi's not giving local people consideration on the roadways, cow manure floating into the Crown Butte Dam and every issue that arises. I will also have my home reassessed when the wind is blowing 20 miles from the NW. If residents of Bis/Mandan think they will not smell the feedlot, be prepared. I'm not paying property taxes on my land and home when it stinks outside and the fish are floating bottoms up on the dam. Since Mr. Berger's pockets run deep with 'honest' money, I'm sure he'll pick up the tax slack for the county.

This fall is also election time to give "CHANGE" to the Morton County Commission. It's time that Morton county citizens break up the 'good old' boy network. I congratulate the 2 commissioners that stood up for pubilc opinion against the feedlot. They are honest and value the rights of people who work for "honest" money. "

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