00:00:10,900	That’s Document, which document Oh, here. Just a few added OK, I’ll make note of that. Thank you? Um we have a chapel in place. Mr Chair commissioners. Let’s pray Heavenly father, We’re so happy tonight to be here and thank you for the opportunity that these commissioners have to serve this Great County and, uh, we

00:00:53,930	just ask that your hand would be upon them that you would give a spirit of unity within this room and that God that you would give them wisdom in how to govern this county father. We also pray for the safety for our county workers. Our first responders got Be with them and protect them.

00:01:13,530	Watch over them bless their families for the sacrifices they make as well Now. God, We. Give this to you In the name of your son. Amen. Please stand. Or do the pledge of Allegiance.

00:01:39,570	I pledge allegiance to the flag of the United states of America and to the Republic for which it stands one nation under God, indivisible, with liberty and justice for all. Thank you. Uh, Mr Chair if you if I may The last month when chaplain Wyatt was here. Uh, you guys asked him a little bit about the mayor’s prayer breakfast coming up, and so I do have that information with me tonight. Uh, the 2024 mayor’s prayer. Breakfast is gonna be May 16th.

00:02:01,500	It will be at the Radisson. Just, uh Couple blocks away from here. Uh, we’ve got a breakfast that will be served at 7:15 A.m.. The doors will open at seven. Pretty excited about the speaker this year. The speaker is Vern Das. He’s pretty familiar in the area.

00:02:21,230	Uh, very helpful man, uh, in many different areas in in Bismarck and Manda, and so he is our featured speaker. Uh so we’ll be praying for the city, the county, our state and our our nation During that time tickets are on sale on Eventbrite.

00:02:38,370	So if you just look up In 2024, Bismarck mayor’s prayer breakfast, and, uh, that will take you right to our event. Right website. Any questions, sir? Right. Thank you Mr Chair Commissioners. OK I’ll call the, uh, March 4th meeting of the burly County Commission to order first item on the agenda is roll Call members, please. Comm. woodcox here, Comm. munson. Comm. Bakken Comm. schwab Chair Bittner.

00:03:09,830	Thank you? Uh, Next item is the approval of the agenda. Anybody have anything they want to add or subtract other than the little handout we had that adds. To the list of abatements. Move to approve with the additions. The motion in a second to approve any further discussion, seeing none called RO. Comm. munson. Comm. Bakken. Yes Comm.

00:03:37,630	schwab Comm. woodcox Chairperson Bittner. OK? I was just gonna ask. That’s next. So. Next item is consideration and approval of the February 21st 2024 meeting minutes and bills. Mr Chair. I had an opportunity to review the bills and the minutes and I would recommend we approve.

00:04:02,870	Second motion in second to approve minutes in the bills any further discussion. Sitting non cultural back in schwab, Woodcocks Bittner. Next is a consent agenda, including the abatements applications for licenses, Raffles special event permits and painted Woods Township service agreement. Is there anything you want to pull off the consent agenda for conversation. None. What are your wishes Move to proof.

00:04:31,570	Second motion, the second to approve the consent agenda. Any discussion See No. Call the roll, please. Schwab, Woodcock Bakn Bitner? Yes. Motion carries. County Planning Director flanagan special use permit. Bitch! Good evening commissioners. In. Your packet is a special use permit that we were that was, um, presented at the Planning Commission.

00:05:12,570	On, uh February, the 14th for the Bauer family. They, uh, located north of of Baldwin on 26th Street. This is for a limited Uh, meat packing facility on their property. There’s multiple permits that are issued by the ND HHS. And. This is where they can butcher the meat. If.

00:05:38,300	Someone brings the the beef in the and they can butcher the the meat and Sell it back to the or give it back to them at a price. They can’t sell that to the public, so it’s a limited what they call limited meat packing pot.

00:05:52,330	I’ll also take packaged meat from USDA and re re cut it and sell it and make it into sausage and ham it and resell that to the public. And that was on a board of 8 to 0 in approval from the county commission or the Planning Commission. There was no. I didn’t hear any opposition for anybody. The Croft Township is in favor of it. Um, the neighbor that lives right next to it is in favor of it.

00:06:13,670	So, I! We didn’t hear anybody come back and say they’re opposed or they’re concerned of the dust or anything like that. We will be responsible to issue the building permits for the building. Uh, septic system and their mechanical electrical that sort of thing. You just for clarification.

00:06:38,030	I just wanted to because when you’re talking about a packing plants, uh, for clarification purposes, there’s a lot of state oversight on that. So that the thanks for bringing that up that we’re just Permitting the building and the septic and all of that, Uh, all the oversight that goes along with that from the inspection side of that’s the state. Correct exactly.

00:06:55,230	They’ll do quarterly inspections if they intend to increase the use or change into a different permit. That’s gonna have to come back to the special use and also the the NDDAND HHS. Thanks, man. Thank you, Mitch Does, the applicant or anybody else wish to speak on this item. Anybody else wish to speak on this item. But once going twice.

00:07:19,170	Anybody else was to speak on this item. OK, commissioners. What are your wishes Move to prove Second motion is second to approve the special use permit any further discussion, seeing none Call the roll, please. Woodcocks Bakken schwab. Bittner motion carries. Thank you, Mitch.

00:07:45,370	Next is County HR Director binder, uh, travel reimbursement policy, electronic communication devices and Internet usage policy and weed control Officer job description in an update. Thank you. Chair Bitner commissioners and these are not new policies. These are current policies. They’ve just been updated and combined. Our travel reimbursement policy combines our mileage reimbursement policy or travel reimbursement policy, the travel expense account policy and the travel voucher policy.

00:08:12,570	And the only additions to it are we change the per diem rates to match what they truly are, Um, we added the commercial air travel reimbursement because that’s what we are doing. It just wasn’t included in the policy. And we just Added kind of the instructions for the travel voucher.

00:08:31,770	The expense voucher, how to complete it and when you need to complete it And. We added, Uh, burly County Human service zone has a reimbursement for just meals. So if one of their employees just has like a day trip and has meals, um they would complete this because that part goes to the Human Resources office and goes through payroll.

00:08:54,170	The other part If they have a overnight stay goes through, Um Yonder office. For accounts payable. In those costs for human services that that gets reimbursed by the state, then? Yes. It’s just a different form that they fill out. So. I decided to include it on here, um, because we were getting a lot of questions on OK. What’s reimbursable through payroll.

00:09:15,130	What’s reimbursable through accounts payable and what do we need to do? So? I clarified the policy. OK? I do need approval on that one. OK. Let’s take that first commissioners. Mo of proof. Second motion to approve any discussion. See? No, Call the roll, please. Yes. Schwab Woodcock Bittner motion is approved.

00:09:42,800	OK? Uh, the next policy is the electronic communications device and Internet usage policy. It is not a new policy. It’s got a new name. Um, the old policy was a computer usage policy. And also the Wireless communication device policy was included in there as well. And I just wrapped the 20 and the social media policy as well was a separate policy.

00:10:04,230	I wrapped them put them all together and I changed some of the wording to update for technology today. Um, we still had wording on flop, uh, floppy diskettes and you RL and, um, dial up so I took that out, and electronic communication devices include laptops, desktops, desktop phones, cell phone.

00:10:29,330	Tablets, iPhones, and that’s why it’s called electronic communication devices or CDs, rather than having to list all of those in every single part of the policy like they had before. Um I just Condense them down into electronic communication devices. OK? Um On Page three. 66 bullet point down.

00:10:58,670	As you read over, it says I must not use this for assessing external email. I think that might put the two CS in there accessing external make that change and then on Page four Towards the bottom. Uh, the fourth line up versus access to Social media networks. Form within. I think it might might change that to to from that one on this, it has been updated.

00:11:20,900	Just not the one that you guys received, so it will go updated on the on the personal manual. That was all I saw. So anybody else see anything? Because when? After I, look at this for so many times, everything just starts to blend together. And then Autocorrect wasn’t helping because those are actual words, too.

00:11:42,470	So Right, Comm.. So. What are your wishes to approve of With with changes motion in the second to approve of the changes any further discussion, see? None call the roll, please? Yes. Schwab Woodcock Bitner. Control officer, job description and update Chair commissioners.

00:12:11,170	We did feel that we control officer and that Uh, employee lasted for a week before he received another job offer that was more in line with his degree. So. He did resign. Um, we have since Posted the job and we have another candidate, Um, who we have gone through the process with and he has tentatively accepted.

00:12:31,970	Um, we are trying to finish up the rest of the background check process and we should be finished by next week, and we have a tentative start date for this per person on March 25th. Um, we did do a tiny bit changes to the job description. We did put the highway department assistance in there. And. We also put a class A driver’s license is preferred. So that they can help the job.

00:12:53,830	The the highway Department, Um we thought these would be good additions because the we control officer is a seasonal physician. For the most part they do some things in the winter time but having them help out the highway department In the winter when it snows or even with maintenance, um, would add to that position and

00:13:14,630	We would be able to keep someone interested in that position. So I AM requesting the following updates and you don’t need to make a motion on it because it doesn’t change anything on the job description. We already had everything there. We’re just defining it a little bit and a little bit more. Just for information.

00:13:33,770	It’s just for information. OK. Well, thanks for going through all that effort. We appreciate it and the candidate that we do have has a class A CD L with no restrictions, And also, we prior we control experience, so I think we really lucked out? Pam.

00:13:53,130	What’s, uh, timeline on, uh, you know, with the background check and getting all the TS crossed and I’s dotted and, um, he will finish it this week. He is actually coming from the state of Minnesota. Um, so we had two priority mail it. He did confirm that he received it.

00:14:13,970	We have The the appointments for the drug testing and the physical because they do have to do that, Um, we have those set up. It’ll be next week. That was as soon as we could get him in. And. Then on the march, 25th is when he will start Thank you OK? OK? That’s all I have Comm.. I want to compliment Pam and the gal sympathy? HR department.

00:14:33,330	They did the heavy lifting on this one, and they deserve the credit. So great job Now. I have to give kudos to my HR assistant, Desiree. Um she’s the one that proactively reached out to this candidate because he had originally applied for one of our highway maintenance worker positions.

00:14:50,370	Uh, but we did see that he had some weed control or some public works. And when he applied, we didn’t realize he had as much We control experience as what he did so he will be a good fit. Great. Thank you. Appreciate that. And besides, they put up with me on it. That was the hard part. That’s a heavy lift.

00:15:09,630	Thank you, Pam. Next item on the agenda. Deputy Auditor Treasurer ka application for Bismarck Planning and Zoning Commission. Do. You. Wanna add to that or you want no, that that there is just, um four applicants and, um That are wanting to fill that position. Those positions OK Thank you commissioners.

00:15:33,500	They did reach out and and I Talk to Each of the applicants if it matters There’s two of them that it was kind of an unusual situation. Because currently for the appointees that are on that board. We have one person, Uh, That lives up in Ponderosa. Up by Psos area, Then.

00:16:01,930	We have one person that lives out by me within a mile of my house. And. Then, There’s me that sits on the board. And. So. Two of the applicants and their and they’re all good applicants, but two of those applicants also live within a mile of my house. And.

00:16:20,970	I was thinking that that might not be Kind of the better, Um, thing to have as far as all of us concentrated in kind of one area of the ETA. There’s nothing wrong with the candidates. It’s just that two of them do live. Real close to me and so my thoughts on these applicants was Take. The, two applicants that live further away.

00:16:42,000	Laura Wilson lives up in the area of Washington in 1804. You know. So that’s up on the north side, not quite as far as Ponderosa. And then the sheldon Savak lives, um east of east of Bismarck right along the interstate north on, uh Well right up at the interstate.

00:17:03,770	So on the east side of town and The only input I would have on that is I thought those two candidates would more spread out the representation into the into the rest of the ETA. But commissioners, it’s up to you. Here’s Your bitter, Mr B. Um no, I.

00:17:23,900	I Wholeheartedly agree with that, Uh, spreading it out, Uh, having somebody on the north side of the ETA on the south side of the or the eastern side of the ETA, Um as well, I think is is better representation of of the residents of the ETA. So. I would concur with with your thought process on that. Um Anybody want to make a motion.

00:17:45,430	I moved to approve the two candidates you put forward. It would be sheldon and Laura. Correct. Motion Civic is that And Laura Wilson. OK. I got them both. I have a motion. Is there a 2nd 2nd Motion of the second any further discussion. Seeing none. Call the roll, please. Schwab Woodcock Bakken. Bitner? Yes. Motion carries. Thank you to all applicants.

00:18:19,170	We appreciate everybody that has applied, uh, county Engineer Hall Vacates section line public hearing. Uh, I would like to add one thing, though. Um and We did have some very good candidates for this, Um please. Those that weren’t selected. Keep your name in and look for other opportunities to help serve as well.

00:18:39,830	Um Those appointments in different capacity comes up in different areas, and I would encourage anybody that is interested to apply for any of those positions as they come forward. It’s a great way to be part of the community and pitch in, so I appreciate the all the candidates. It’s a good point, Comm.. Bach, and I. Appreciate that, Marcus Um Comm..

00:18:59,670	I have one item on the agenda tonight. It’s a petition to vacate a section line in reviewing that petition at the February the first meeting in February. County board set this meeting as the date to conduct a public hearing and, uh, review the request.

00:19:20,000	The request is in your packet, and it is part of the development of the Peaceful Valley Subdivision a as part of North Dakota century code, the county board may vacate a section line if number one, you get a petition from interested party in the area that And interested means have an interest in property in the area.

00:19:42,370	Basically, um And that you conduct a public hearing and you determine if there’s a public Public benefit for vacating the sexual line and ascertain if there’s any damages associated with vocational section line. Uh, I have included the application that was sent to us. I also included a couple of maps showing you where that is at. Uh, historically, I.

00:20:02,830	I’ve always told the board I kind of cringe yet closing section lines that go to the river that’s pretty important area for us, and and it. It is a concern for us. However. This. One does have some other items. There’s a building in the way of this particular section line that’s on the section line.

00:20:19,130	Uh, my understanding is that house that building been there for a long time. So, um Like, the at this point, move forward or happy to answer any questions you may have. I’ll move forward, conduct the public hearing, and then I try to answer any questions you have after that, so OK? OK. I’ll open the public hearing on this item.

00:20:41,570	Um, does anybody wish to speak? On the vacation of the section line. This is a public hearing. Anybody wish. Speak if you would come to the podium and give your name for the record, please. Good evening commissioners mark Isaacs with independent land survey and engineering. Uh, just to speak to the Uh, vacation as a section line. I do have, um Like.

00:21:10,470	You could pass this around You Extra That is, um A survey. The original survey. Um Plat map of the area that was done in 1888. Uh, that House that circled in red is for AD R Holcomb, who had that Uh, and it was present when the original survey was done. So.

00:21:40,530	It was there prior to, uh, the sectional land survey that was done for that area. So, um it proceeds, the section line being there in that case. Um The. Other drawings, uh, that we presented, Um, what we’re proposing on the plat. That would, um Follow this up. Uh, whatever the outcome is Uh, we are providing an access easement.

00:22:10,230	Uh, that goes to the south of the section line. And. This would be used by, um the owner of, uh, irrigation pump that exists, uh, down by the river that presently Uh, they’ve used that, uh, access for several years to get to that pump. Uh, the pump is permitted by the core. And.

00:22:36,300	The core also uses the the trail the drive to get down to that area to inspect the pump and to get down by the river. So that is there. That is their access presently to get to that land. Um the other thing that I would bring up. Uh, the topographic.

00:22:57,170	Uh, issue At the end of this section line is the top of the bank of the river. Uh, it is, uh, a high bank. Uh, it’s 82 ft. From, the top of the bank to the water’s edge, So. It is a drop off of 82 ft. In about 100 and 30. So it’s It’s pretty well, Cliff. There’s. There’s Not much slope there.

00:23:22,370	So Having said that, uh, that’s the background I would have as far as some of the technical issues if you guys would have any questions, I’d be happy to answer them. The commissioners. Any questions Mr Woodcock is the owner. On, both sides of the of the vacation. Yes or the same owner on both sides North and South. Yes, OK. And.

00:23:44,700	What’s the purpose of of closing it. It’s been there forever and ever and ever, and the buildings are there forever. What? What. Do they want to close it for to farm. It. So? No. So what? Uh, what brought this up is the The present owner is selling off.

00:24:01,770	Uh, some of the farm ground that goes along with this tract of land. And. So. They, uh, preserving the farmstead so we need to plot that because it’s less than 40 acres. So in Platting it, the section line becomes a problem of how you deal with it in a platted lot. So.

00:24:26,330	What we’re wanting to do is vacate that And Really continued the use that’s been there for over 100 years of a farmstead in this area. The section line has never been utilized and used, uh, for that time period. They can give me a little more information on that access easement. And relate to how that is on this map.

00:24:49,930	Um, you Of where it is? Yeah, we have a map in the In the P, OK? Automatically. I have a This is bigger. This is Right. OK that looks to be kind of consistent with this right here. So this is a sex line. So. This is the trail. This would be the axis. That we would create there is no easement there now. Right.

00:25:19,700	So with the creation of that access easement. Could that be a replacement for the section line. Because. We’ve often I think we’ve had situations where a section line was going up over a a big hill or something, and they just kind of went out and around it, And.

00:25:40,030	I guess my concern would be is the ramifications of making that A section line. Substitute would bring More connotations with that Marcus could probably speak to his. You know more of a right of way more of it being improved, possibly to county road.

00:26:05,200	Um you know things like that, so there’s there’s no requirement that we would have to improve that county road standard is there, Marcus Commissioners as part of the planning process A lot of times, uh, when we have dedicated public roads, we require those to be con. Uh, um, constructed the county standards and stuff.

00:26:26,630	Uh, however, uh, we do have easements on some pla that we just leave them as a access easements I do on also have one question for mark is this particular Axis easement? Is it listed or directed to a certain individual, Um, as far as that individual has access, or is it more of a broader Public access. These men. To answer the question. So on the when we would do the plat.

00:26:50,600	The access easement would be to the benefit of the core and to the benefit of The owners of the land that it goes through and to the benefit of the owner to the north, which actually Would have the pump for the irrigation so it would be private in nature to those the benefit of those three individuals.

00:27:11,700	That’s that’s typically the way you would do an access easement. Uh, you would list the benefit. Um The, the people that have the benefit to use it to maintain it. So on and so forth.

00:27:36,000	OK? So, would you? Would you consider that access easement as being a replacement because the public loses access to the river on a Section nine. Even, though I understand it’s a high bank. And whatnot. Um, we Well. Maybe I should ask the question. What would be a public benefit of doing this because we have to Establish a public benefit. Well, the We had the state’s attorney.

00:28:05,170	Look at this, um not a well, the one of the one of the suggestions on the benefits, I. Guess would be, um That These are historic buildings that have been there for a number of years, and it would be a way to preserve those buildings. Um, if not, then you have to So take those buildings down if they’re in a section line.

00:28:26,170	So that that’s what we’re dealing with is Um, really not the option of keeping a section line because we do have buildings there, so the benefit would be to maintain the historic value of those buildings.

00:28:52,900	The house specifically, that’s a bit of a stretch, but Um Would guarantee I guess the other would we have that those buildings are preserved for history that in that case, Comm. Bakken. Um So. The. Three private benefits, including the core. Uh, because you’re basically going down to core land, um and the court. Easement for Um For.

00:29:26,300	This access point, but As looking at the topography map? Um There does Give a public benefit in that it’s a better access point to the river at some point. So If. This was to be relocated instead of vacated then that public Benefit. As. An access point would be retained. I’m gonna let our attorney speak to that. Mr Chair commissioners. My name is Arnold Ruff. Excellent question.

00:29:59,970	Um and we would agree to that to just provide that as a substitute access for public benefit, And. That is the benefit because potentially down the road in the future. We we can never predict that.

00:30:18,630	We don’t know what might happen there, but there would be a usable public access to get to the river whereas where it is now it’s completely unusable there, as opposed to the cliff as to where it is now, uh and certainly Other benefit is it’s I think it’s also public benefit, but it’s also private benefit. The the Smalls have been on that property for four generations. Um, they’ve lived there. It provides some finality to them. It actually makes their property marketable.

00:30:40,130	Right now, if it’s sitting on the section line, um none of us would want our hoses sitting on the section lane where we’ve lived or find out that we can’t sell the land that it’s sitting on, so that’s a benefit. It also keeps it on the tax rolls A as a parcel.

00:30:58,170	Uh, I think that’s a benefit to the to the county as well. So the the question I’m, providing alternative public access as the benefit we we would be willing to do that in for prove the vacation. That was the point in asking the question so Comm. Woodcock I.

00:31:17,370	My concern was that you don’t put a no trespassing sign on the East end and you can’t get in there. I mean nobody can cause if it’s not a some kind of public access you no possibility of doing that is that Uh, you understand what I mean on the on the existing section.

00:31:36,630	The existing section line is a is existing no when when it would be about trading and moving it When. You moving north of that would that be north of the East West line or south of the East South? Yeah, But, If you can’t we don’t want you put a big no press back. Here’s the map. You can see. Correlates with that, So yeah. Yeah II. I don’t commissioners.

00:31:57,470	I don’t see a problem with that if you’re rerouting the section line in accommodating the public as well as the pump and the Core of engineer, would you need time to work on that with the county engineer? Or.

00:32:14,170	How, would you? Well, they the trail as I understand? It is already there so it would just be a question of dedicating it on the revised plat that would be put together that would show the section line being vacated and the revised plan would then define that trail is there OK? Well, we’ll continue with the public hearing then. OK, thank you. And then that trail would be defined as the new section line. Oh. That’s correct.

00:32:34,800	That’s correct. Thank you. OK. This is a public hearing. Does. Anybody else wish to speak on this item. Uh, So. I have a question to clarify in the meeting, and it’s to Marcus If. If that were to be the case.

00:32:56,200	What would that width of easement be I think that would well, he could speak to it, but I’m guessing it would be consistent with existing section line standards that So. Yeah. That’s 6 6 ft. You know 33 ft in either side. And Here’s anybody else wish to speak. One more time Anybody else wish to speak on this item. Seeing. None will close the public hearing commissioners. What are your wishes? Mr Chair.

00:33:21,400	I move we approve. With With that a adding in the fact that they’re gonna move the section line down and on that trail. OK, is that clear? I’ll second that motion in a second to approve with the changes as discussed, uh any further conversation. The discussion. See? None Call the rule, please. Woodcocks Bakken Schwab. No Bittner. Yes.

00:33:55,430	Thank you. Motion carries. Thank you, Um Well. Thank you, Marcus and you’ll work together on that. I’m sure Hey any other business for the good of burly county commissioners. Seeing. None. We are adjourned. Mr Chair before we just a reminder Since we’re we got. We’re not adjourned. We’ve got a meeting at four o’clock tomorrow.

00:34:23,400	The City Commission and the county commission here in this room, so it’ll be televised. I’m Sure. So, Not A. That’s a City county meeting. Yeah Committee, not a commission meeting, Not. The full commissions. No, no, not full commissions. It’s Thank you It’s still gonna be on four o’clock tomorrow.

00:34:47,300	Tune in OK, anything else? Just to remind the people you got till the end of this month to get your Tax property tax rebate in So. You can go to the county website and Log in Hm? Thank you. Anything else. Now we are adjourned. Thank you.