The issue of paving 149th Avenue appears headed for resolution with an attorney general's opinion directing Burleigh County Commissioner Doug Schonert to vote on the issue.

The project to pave the 2.45-mile stretch north of Bismarck and east of Highway 83 has been before the county commission since the beginning of the year, when engineer Jon Mill was asked to develop a cost estimate. Commissioners have voted on a resolution of necessity, borne out of a petition submitted by residents living adjacent to the road and wanting it paved to improve safety.

Schonert abstained from voting, citing a conflict, and the vote ended in a tie. Commissioners Jerry Woodcox and Jim Peluso are supportive of the project, while Marlan Haakenson and Mark Armstrong oppose it.

According to state law, a resolution motion that ends in a tie is deferred until the next meeting and remains on the agenda until it is resolved. Schonert said he was assuming Robert's Rules of Order were in force, where the failure to vote is the same as a no vote. But the state statute overrides Roberts Rules, and Attorney General Wayne Stenehjem ruled Schonert "has a duty to vote on the question."

"I was surprised at the attorney general's opinion,"Schonert said. "I didn't expect it to come back and say that I should vote."

The conflict, as perceived by Schonert, is that his brother and sister own property adjacent to the road, and, as a Realtor, he has been selling the property for them. An improvement in the road is likely to add value to the property, resulting in a larger commission, should he sell the property.

"The attorney general hinted that, should I own the land, it would be different,"Schonert said. "But being my brother and sister own the land and I would sell it, like a business deal, I would gain some, but it's not direct and not substantial. At least that's how I read it between the lines."

Schonert said it wouldn't be fair to comment what his vote will be prior to making it. He encourages those interested in the issue to participate in the Aug. 6 commission meeting, and their comments may be allowed. Auditor/ treasurer Kevin Glatt says he considers the hearing portion of the issue to be open, and the tie vote means a continuation of the hearing.

The issue of 149th Avenue revolves around the road being used for commercial hauling of debris to a private inert landfill. Debris along the road, the heavy trucks traveling too fast for conditions and the dust thrown up by the trucks have many residents up in arms over the matter.

Initial estimates by the county engineer put the project at just more than $500,000, which most of the parties involved - townships, county and residents - said was manageable. But a later estimate put the project at more than $700,000, and some of the residents showed resistance to moving forward.

The motion the commission has been unable to pass would have the county pick up the additional $200,000 in expenses.

Armstrong has gone as far as to research the county buying the landfill and closing it, but no action has been taken on this suggestion.