00:00:06,600	Chaplain please. Let’s pray. Father, we just paused tonight to, knowing we have a, a meeting tonight, but most of all heavy on our mind is uh, the election for tomorrow and all that’s going on, we, uh, know that, uh, anytime there’s an election that is important to get out and to vote and do

00:00:33,870	our civic duty and, uh, God, you guide us in those things in your scripture and we want to make sure that we’re a part of that. Uh, but I pray that you’ll be with, uh, these commissioners tonight as they do their due diligent in regards to our county and uh guide them and uh even the ones

00:00:52,600	that um might be voted in tomorrow. Uh, we pray that, uh, that’s the thing that’s on their mind is to see the best for our county and uh be with everything that’s uh talked about tonight, being in the conversations, being all those kind of things and uh we just do this on your son’s.

00:01:10,230	Jesus Christ. Amen. Let’s stand. 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. Yes. Thank you, chaplain. Thank you.

00:01:45,400	Mm November 4th, 2024 meeting of the Burley County Commission to order first item is a roll call members, please. Comm Schwab. Here Comm Munsen, Comm Bakke, Comm Woodcoxx Chair Bittner. Because we’re all here. Next item is the approval of the agenda, and before we do that, I need to add, um, at least three items. Uh, the first thing, and we’ll take this one up right away, um, is, uh, Rivera Insurance presentation.

00:02:12,130	And then under other business, um, Craig Oldhauser, um, concerning, um, uh, load restrictions on Highway 10, and then, uh, Comm Munsen on elections and in various Topics, right? Yeah OK, so with that I would entertain a motion for approval. Who’d you approve? Second, in motion to 2. Any further discussion? Suncul rule.

00:02:47,370	Comm Munsen, Comm Bakke? Comm Woodcoxox Comm Schwab Cha Bittner, yes, motion carries. First item for insurance. Welcome to I think there’s a thing up there to sign it. Please state your name for the record. Perfect, um.

00:03:13,070	Scott Fenrich, uh, with Rivera Insurance, uh, good afternoon, uh, Commission Chair, thank you very much for the opportunity to come in and visit with you guys. Um, I’m here today to just talk briefly on the, on the county’s current insurance services, um, again my name is Scott Fenrich. I’m a commercial advisor at Prevera Insurance in town here. Uh, I’ve worked in insurance for over 14 years, um, and most recently become before becoming an advisor, I worked exclusively, uh, for.

00:03:34,400	services for North Dakota political subdivisions, OK, so cities, school districts and counties, um, I worked for, uh, 8+ years, uh, in that role, writing coverages as well as handling, uh, large high profile claims. Uh, currently Bravera is an agency.

00:03:58,000	We represent dozens of, uh, North Dakota Insurance reserve funds uh NDRF, the, the current provider for, uh, Burlee County. We represent, uh, dozens of, of different acting members and so it’s something we’re very familiar with, um.

00:04:19,730	And today, the reason I’m here is just to, uh, request, uh, or at least to entertain the idea of, of us submitting a proposal prior to your guys’ um, next, uh, insurance renewal and again I’m not sure exactly when that is, if that’s, if that’s 71 or if that’s 11. Um, but, and I should be frank with that in, in no way am I, uh, proposing that we look outside of the reserve fund, however, uh, the North Dakota Insurance reserve Fund is not a boilerplate coverage.

00:04:35,800	There’s a lot that can be done through enhancements and options to make sure that that’s tailored to each individual member. Uh, and a lot of times those enhancements can can bring upon improved coverages, uh, cost reductions in some instances and, and possibly both.

00:04:55,100	And uh, so if that’s something that would, uh, would be acceptable by the commission with I’d love we’d love the opportunity to be able to to put together a proposal to see if that would be something that could could be suitable for the, for the county. Commissioner’s questions. What is Richard Bach? Do we have the date offhand that, uh, that renews? The auditor’s not here tonight. I’m not, I’m not sure on that.

00:05:19,130	Sorry. No, uh, any opportunity for cost savings for, uh, the taxpayers of Burley County. I’m all in, so definitely like to entertain. For the conversations when that comes due. Looks like there’s an agreement with that. Yeah.

00:05:42,500	So, I think, I think we’d be more than happy to um To hear more in any proposals, um, We’ll, we’ll ask, uh, That Brandy get back to you on a, on a date of, of when that comes around.

00:05:58,700	That’d be wonderful and, and just to kind of give you some perspective of what that would look like is, um, uh, ideally, uh, to be able to take a look at at the current program and how it’s set up evaluate that for you guys top to bottom, looking at the different, different lines of coverages, uh, and then again evaluating some of those uh options there’s credit opportunities, things like that that are available just to make sure that at the end of the day you guys are getting what you.

00:06:13,700	Deserve. Um, and then lastly, of course, just. Basically providing a proposal of different options and alternatives at the end of the day it’s of course your guys’s decision, but giving the opportunity to make sure that you’re best informed to feel that you, you have the information to make those decisions for the. OK.

00:06:33,370	Thank you very much for coming in. I appreciate that. Yeah, thank you. You’ll follow up Yes, I will do that follow up, yep, and I’ll have Mark, uh, get in contact with you guys. OK, sounds good. Thank you. Next item is consideration of the October 10th special meeting minutes in October 21st meeting minutes and bills, Mr. Chair.

00:06:56,800	I’m going to move to approve with the caveat. That we demote Sherman Bakke from the special county commission meeting. And promote you. Oh. OK, got it. On the special meeting, the minutes were wrong, so, uh, that actually it started out correctly, but, uh, they, And we’re in error on a, on a motion. OK.

00:07:25,000	Um, did you also review the bills? No, I did that. OK. Uh, so I’ll move to approve the bills. Mr. Schwab’s got the Motion on the agenda or on the would you like to add that to your I’ll, I’ll add it to all of it. Yeah. I, I’ll suck all of it. OK.

00:07:42,800	Uh, before we, before we take a roll on that, uh, brandy, um. For the next meeting. We also need included in our minutes. Uh, the meeting from October 18th. There was a special. Commission meeting for the emergency burn restrictions. We have not approved those minutes yet. Um, we had executive sessions on August 5th and August 19th. Those minutes have not been before us for approval either.

00:08:09,330	So if we can make sure they’re included for next meeting, that would be great. Absolutely. August 5th and August 19th, as well as October 18th. Yes, thank you. OK, a motion to secondary further discussion. See no call room. Comm Bakken, Comm Woodcoxox? Comm Schwab. Comm Munsen, Chair Bittner, I wanted you to be Chair anyway.

00:08:40,230	I. OK, consent agenda, any items on there you want to pull out for discussion. We have to approved. Motion is second to approve the consent agenda in further discussion, see no call. Comm Woodcox. Comm Schwab, Comm Munsen, Comm Bakken Chair Bittner, motion carries. Next county engineer Hall.

00:09:06,470	Two items, public hearing on a Jake break ordinance and an accepting platted right away. Welcome. Good evening, Commissioners. The first time I have on the agenda is, uh, the public hearing, and I just want to give you a little background of it before we conduct the public hearing of an ordinance for Jake breaking, um, state’s attorney, the sheriff’s office, and the County Highway

00:09:24,000	Department have been working for quite some time on trying to come up with a way to deal with, uh, numerous noise complaints that we have out in some of our rural areas that are coming, becoming more urban, uh, but they’re still in semi-urban or semi-rural kind of areas, uh.

00:09:41,900	The thought was that we developed that basically once we got the, the, the ability to develop uh or ordinances under the Home Rule charter that we should go ahead and do that as a noise ordinance, basically focusing on unmuffled, uh, compression bakes. So basically Jake brakes.

00:10:03,000	So, um, the particular ordinances in your packet, there’s just a couple things I want to point out. It really deals with these unmuffled, uh, compression bras that’s the focus. It is only. going to be enforced in areas where we actually posted such that it is enforced, so it’s not for the whole county all over. It’s in areas that are posted.

00:10:20,600	The areas that come to mind where we’ve had the most concerns are seventyfirst and, and Centennial coming down basically the loop. We have a lot of rural subdivisions out in that area and we have a lot of truck traffic, so it’s the bad mix of the two.

00:10:42,630	Also McKenzie Sterling, uh, and, um, Other areas along there, we’ve had some question and concerns too that we’ll look at, especially, uh, by the minars location out there, they, they get a lot of complaints or Jake breaking in that area. So those are the areas that come to mind, but, uh, we’ll be looking at different areas as they come up, basically.

00:11:01,670	Um, we do allow basically uh or we recognize that uh there may be an emergency out there that one needs to use the Jake brakes, so it’s not a, a prohibitive kind of things as long as you, uh, Recognize that it is an emergency and protecting person and property is important to us.

00:11:18,800	We also, this does not apply to motorcycles and any type of fire department vehicles, those, those kind of vehicles are exempt, uh, and the penalty associated with this is $50 fine. So, I, those are the things I just wanted to point out.

00:11:33,800	Um, you can ask me questions now or we can go ahead and do the public hearing, and then ask questions if you want to after that. Comm any questions at this point? I’m not seeing any right now. Thank you, Marcus. OK, I’ll open a public hearing, um, Um On the Jake Brake ordinance. Um, anybody here who wish to speak on the Jake break ordinance. This is a public hearing. Second call.

00:11:59,930	Is there anybody here to speak on the Jake Break ordinance. one thing. OK. It’s like an auction. You’re almost sold. Well, I just wanted to make sure if there’s anybody in the public, so, um, and looking at this, um, under section 4, item number 1, it says no person, no person shall use motor vehicle brakes on public

00:12:22,330	roadways within posted areas of the county that are in any way activated or operated by the unmuffled compression of the engine of that motor vehicle or any unit or part thereof.

00:12:40,000	It shall be an affirmative defense to prosecution under this section that the unmuffled compression brakes were applied in an emergency and were necessary for the protection of persons and or property. Affirmative defense means that’s something the prosecution has to prove didn’t exist.

00:12:59,200	So if we put it in there as a defense, um, it’s a defense to this, um, To prosecution that they were applied in an emergency or were necessary for protections of person and property, that means that the person claiming there was an emergency would have to be the one to prove there was an emergency. Um, the way it’s written now, the prosecution would have to prove that there was not an emergency or there was, it was not necessary to protect people, um, or property.

00:13:13,670	So I just wanted to point that out, um, if you look at the statutes that we have now, there are certain things that are affirmative defenses, certain things that are just defenses. Um, affirmative defenses, examples. would be self-defense.

00:13:33,330	We have to prove the person was not acting in self-defense, um, things that are, uh, defense that the defendant would have to prove would be that it was um Justified that what they did was a justification or they have an excuse for what they did, and that’s what it seems this is and so I think it’d be more properly a defense and not an affirmative defense. So the, the fix you’re after is to remove the word affirmative. Affirmative, correct.

00:13:46,670	Um, and then that way it would be on the person claiming that there was an emergency to show what that emergency was as opposed to us proving there wasn’t an emergency. OK But that’s my only suggestion. Good. Thank you Commissioners, you understand that? Mhm. OK OK, 3rd and final call.

00:14:11,430	Anybody else wish to speak on the Jake break ordinance. Seeing no no closed the public hearing, Comm, you heard state’s attorney’s opinion. Go ahead. I do have a couple questions for Marcus now that the public hearing is closed. Marcus, a lot of this comes down to just. common courtesy and common sense. I mean, when you’re in a populated area.

00:14:34,270	Is that what a lot of this comes down to because my second question would be, how do we convey those that use Jake brakes and I’ve used shake brakes a lot over the years, um. Is it a communication or an education piece just saying this is a populated area now, don’t use them.

00:14:52,970	Uh, Commissioners, it’s kind of funny cause we just had this discussion in our office, how, uh, our society is changing to such an extent that common courtesy is going out the door to a certain extent and unfortunately we have to make these type of declarations that this is what the law is and particular area.

00:15:11,070	Um, I agree, we talked about, you know, we didn’t, we want the behavior to stop. That’s, that’s what we want. We don’t necessarily want to horribly penalize anybody for doing this. So the signs will something to the sense, you know, I try to, I’ll make the signs as clear as I can.

00:15:26,730	Don’t be a jerk, shut it off. Yeah, yeah, you know, I’ll make, I’ll make the signs as clear as I can to, to focus on that. And then also the $50 wasn’t, I didn’t think over the top as far as a penalty goes, it wasn’t $200 or something, you know, it’s just, please curb that particular activity, and that’s what we’re trying to

00:15:43,830	get at. So, OK. I want to jump in on that because I’ve actually gotten complaints from in my neighborhood, um, so 80th Street and Highway 10 and then 80th Street and down on Apple Creek Road. There, there’s been significant complaints to me already on this.

00:16:02,330	And, and, yeah, we’re gonna have to start looking at those areas and, and start making some decisions on what kind of criteria we use with posting a sign. And maybe it is just a complaint, you know, that might be the, the criteria. We’ll have to look at that. So I can assure you there have been complaints. Yeah.

00:16:15,770	In my area, and it’s not all of them. I, I used to own a semi that had a Jake brake system on it, and that’s, I don’t think that’s what we’re talking about because we’ve got a couple of people out there that seems to be, um, you know, happy to be running trucks that have no mufflers on them, and when they

00:16:29,730	engage The Jake. It’s Pretty significant, you know, I mean, it’s, it’s not just. It’s the unmuffler use of that, that really makes the difference. Yes, Comm, Marcus, could you explain a little bit more what the criteria is going to be for What we would deem as A more densely populated area where this signage would go up.

00:16:52,700	Yeah, to start out, I’m going to work with the state’s attorney and the, the sheriff’s office and looking at those areas where we’ve received a significant number of complaints over the years and start hitting those to begin with.

00:17:08,530	So we’ll hit them to begin with and then after that we’ll start developing more affirmative kind of criteria that we’ll use to that kind of meets what we’re looking at trying to solve that area we’re trying to solve, so. OK, thank you. Any further questions? Mr. Chair, is this our first Comm reading or second? Commissioners, this is theoretically your second meeting. Second, OK. Yeah.

00:17:31,000	Now, the first meeting was where we read the title and you know. I would move to approve the ordinance with the change to Section 4 subsection 1, removing the term affirmative. Um, for the defense purposes. Take it. Yeah, I have a motion of a second to approve with those changes. Any further discussion. noncultural. Comm Schwab, Comm Munsen, Comm Bakke? Yes.

00:17:59,830	Comm Woodcoxck? Chair Bittner, motion carries. Thank you. The next item I have on the agenda is, um, basically acceptance of right of way, uh, that is showing up on a particular platform and it it doesn’t matter where the plat comes from, if it comes from the city of Bismarck, City of Lincoln or Burleigh County, uh,

00:18:15,400	if it shows up that such that the right of way on the plat is either on a, a county road or on a Tom township road. uh, we are required to accept that.

00:18:32,830	So land in Landsberg, 2nd subdivision and the plat is included in your packet and the areas where the are highlighted where this uh the um Right away, is that we’re requesting to accept, um, The plat was approved at the city of Bismarck and so we’re at this point, uh, we’re asking the county board just to accept that right away. There is a proposed resolution in your packet. I do recommend approval.

00:18:51,070	I’d be happy to answer any questions. We should prove Thank you. And motion is second to approve. Further discussion, Comm. We don’t have A, uh I Guess I’m wrong on that. It’s OK. No problem. OK. Did anybody want to speak on this, OK. Uh, we have a motion of second to approve. Any further discussion? Seeing uncular role.

00:19:29,470	Comm Munsen, Comm Bakke? Comm Woodcoxox Comm Schwab. Yes, Bittner, yes, motion carries. Thank you. Thank you, Marcus. Next, Sheriff Leben attendant care shelter Agreement 2024 Justice Assistance grants and salary variance requests. Good evening. Mr. Chair, Commissioners, uh, 3 simple things really for you. First one’s the attendant shelter care agreement. This is an annual agreement between 8 counties, 4 cities, and, uh.

00:20:01,970	Department of Juvenile Services and youth works North Dakota Association of Counties. Everybody’s kind of in on this. Basically what this is is non-secure short term placement of children, uh, usually low level offenses, children in need of services, so that type of thing.

00:20:27,070	Basically, I think some of you were on the commission uh when Comm Peluso and I worked on this in the past, and basically, The county by law is obligated to provide secure housing, which is youth correctional center, um, but the county isn’t obligated to provide unsecure, uh, so several years back we negotiated with the association of counties to get other entities, including the city of Bismarck in to cover the bill

00:20:54,330	when we had that increase. So, the numbers are staying the same this year. Uh, basically, there is a little bit, of an increase. We didn’t budget for that increase.

00:21:17,230	We were notified too late, uh, but it’s a small amount, so I should be able to find that within our existing budget, uh, but we do budget 52,540 for those services, so I would just request the commission authorize uh Comm Bittner at the correct time and auditor Sliskowski to enter into that agreement again. Mr. Bakke. Um, so what was the increase this year? Uh, so the increase was actually, I don’t have the total dollar amount. It went from 52,540 to 54,116.

00:21:43,630	I think they said it was a 3% increase, ended up being about $1500 give or take, so manageable within your budget, and then are they expecting? Regular increases at about that 3% rate, or is this, uh, how often do they address the, uh, rate increase? You know, so, um, so, this is a tricky area.

00:22:06,970	It really is, because, um, What has happened is there’s been some changes at the state and, and I can’t remember, I think Comm Bittner and Comm Woodcock were on the commission at that time. And, So, we had a huge jump several years back I remember that. Like two years.

00:22:28,830	And, uh, that’s when the city ended up stepping up and picking up that share. So, we don’t, uh, typically we don’t see big increases, but what ended up happening, uh, and maybe Julie can speak to this more, uh, there’s a classification for juveniles in this situation. They call them chins, kids and chips kids. One’s need of protection, one’s need of services.

00:22:52,470	And so basically, there had to be a separation, basically, um, you couldn’t put youth together that shouldn’t be together and that, uh, we could debate that all day long. The end result was increased cost. So, really, the increases that we’re going to see moving forward. I don’t anticipate, uh, to be that much.

00:23:16,430	There’s other funding that comes in, uh, the association of counties is the pass through on it. So, if, if we saw an increase, it would be probably typical to this. OK. My other question then is in conversations with them because this was late in the budget cycle, um.

00:23:38,270	I, have you had any conversations with them about getting that into the budget cycle earlier so that that could be addressed without having to go back in and, and manage it, Mr. Chair, Comm, yes, exactly, and um, so I, I think, uh, Lisa Johnner with Association of Counties has really been like the liaison and we’ve had a lot of meetings as we’ve over the last, not

00:23:57,000	recently, but yes. OK. Um, I, I think we’re kind of refinding our footing and And this did come in like literally right before final, no, not before final budget. It would have been right before the budget meetings. I knew we could cover this. Increase. OK.

00:24:16,670	So, but, yes, we’re, we have spoken with them that we need to have a heads up so. Yeah, just so there’s not a blind. Yes. Kind of like we central assessing. Um Good to know earlier. So yeah, thank you. Thank you.

00:24:33,800	It was, was this the one that was involved in that email where it was talking about the needing a signature on it and. it was gonna be a DocuSign. Yes, Mr. Chair, um, and Commissioners, yes, I had sent an e-mail, I think, to you and auditor Sloskowski that, um, the contract isn’t here yet.

00:24:55,730	They just wanted a commitment, uh, that we would again enter into the contract, so I thought, well, I better come make it official. Oh, do you need a motion on that? Yes. Moved to proof? Second, motion 2 to approve any further discussion. Call the roll, please. Comm Bakke. Yes, Mr. Woodcock. Comm Schwab, Comm Munsen, Chair Bittner, motion. Thank you. Next item, Mr. Chair Commissioners, is the 2024 Justice Assistance grant. Again, this is a pretty straightforward grant.

00:25:22,330	Uh, we are a sub-grantee of the city of Bismarck. This is an annual grant basically allows us to purchase identified equipment. Uh, we always do budget in our budget, knowing that that opportunity is going to be there and so, um, I think I included not only, uh, a copy of the, Grant and maybe I didn’t, but we’re looking at

00:25:45,430	basically buying some of our upgrade equipment for the additional squad cars we’re bringing in that we had, uh, presented on during the annual budgeting. So, we’ll be buying like light bars, shotguns, uh, printers for the car and then some of the equipment to go with for the officer.

00:26:08,870	We get, I believe I, I, and if I didn’t put it on there, um, We receive it’s roughly about, um,, $10,000 as the sub-grantee. Moved to approve. Second, the motion 2nd to approve. Any further discussion? Seeing none, call the roll. Comm Woodcoxx, Comm Schwab, Comm Munsen, Comm Bakken? Chair Bittner. Yes, motion carries. And you did put that in, so it was attached.

00:26:36,000	Grant OK you. Your salary. Mr. Chair, Comm, the last item I have is a, uh, salary variants for deputy sheriff position, uh, according to county policy, the department had can’t go higher than uh step 5 without commission approval.

00:27:02,730	Uh, basically, we have a similar situation that we’ve had in the past that I’ve come before you, uh, Deputy Sheriff Kenneth Castudio worked for us for many years. I give you an outline of his service. He had left us to be closer to family, and his, I believe it was his girlfriend and so he had went to Cass County.

00:27:22,530	He has made the decision to return to come to work for Burleigh County, uh, so we need a salary variance basically our process, as I’ve explained before, I always say you can’t leave us and come back and get a pay raise. Um, so basically what we do is we start them one step lower.

00:27:46,570	Bring them in, and then when they Get their probationary raise they’re basically making the same grade and step, obviously salary increases. It means more money, but they leave at a, uh, at one grade and step, come back one lower, so when they’re off probation, they’re back where they were when they left us. So that would bring him in and I believe it’s, I had put down, it’s a grade 6. Step 7, grade 6.

00:28:05,270	OK Moved to approve. OK. Motion second to approve any further discussion, Comm Bach ramifications of the budget on this? Mr. Chair, Comm, Comm Bakke, no, but there’ll be room in the budget for it. OK. Thank you. OK, no further discussion. Call the roll. Comm Schwab.

00:28:35,570	Comm Munsen, Comm Bakken Comm Woodcoxx Chair Bittner, motion carries. Thank you. OK, Comm Munsen, uh, auxiliary board applications. All right. I’ve asked, uh, our auditor and, and he’s graced us with. Assistant auditor, Brandy.

00:29:00,730	So, um, last meeting we had our board meeting and one of the members had reminded me that his term is coming up, which then led into the conversation of how many terms are coming up at the end of December. Uh, so Brandy has put together a list for us. I’ll ask her to read that, um, but I would like everybody that is interested in the auxiliary or any of the boards, the auxiliary application is online on our website, and I would encour.

00:29:18,970	urge you to go fill them out, um, but with that, I will have Brandy fill in the ones that are due. apologize. I thought I had an extra one, probably up there. I Hm All right, how did we end up with both, uh, county park board appointed members at the same time, at the same time. Yeah, I don’t know.

00:29:46,930	Somebody finishing a term. No, they’ve been here as long as I have. Yeah. So. OK. No, to get off schedule. Yeah. And it may have been if somebody um stepped down or wasn’t able to complete their term that we had to have an interim, but usually we have it, um, yeah, staggered exactly, rotated.

00:30:11,730	So we may want to stagger them now at the application process. Absolutely. OK, so we have um one position available looks like Bismarck planning, that’s a 5 year term that expires this year, uh, Trent Wigan. Uh, let’s see, then we have a county housing authority, that’s a 5 year term.

00:30:37,700	Um, that is available, Cynthia Chavez and that expires at the end of the year. We have 2 human, um, oh sorry,,, 33 human service zone boards, that is a 3-year term. Um, there are 3 of them. We have *** Dever, uh, Leslie Piercy, as well as Trevor Vannett. And those expire at the end of this month here, so November 30th.

00:31:05,330	We also have the two county park boards, those are 3-year terms. Jeffrey Herman and Errol Baim, those expire at the end of this year. Um, looks like we had School district reorganization that was a 3 year term, um, looks like there were 3 of them.

00:31:24,530	We probably filled those, but I will double check, um, those ones were expiring at the end of June of this year, um. We did fill them. OK, perfect. So then we just need to update this form. Thank you. And then we have 2 available for water management board that is a 3 year term. Those expire at the end of this year. Randall Beneer and Roger Smith. Thank you, Brandy.

00:31:50,300	I could, I would like to ask the auditor’s office to work with, uh, the IT group on our website, the planning and zoning members are listed and on the website with their expiration, their terms, none of the other groups are.

00:32:11,700	I think it would be important that this document be updated on our website so that we have that. I was trying to help. Get that information and the only department I could find was planning and zoning that had it listed on our website that way, so I think it would be good for our residents to make sure we have that listed. Absolutely.

00:32:28,000	I’ll get in contact with Mary Singer and uh make sure that is on the website. Perfect thank you thank you I think you should update the members of the county Planning Commission because I don’t think Steve Marco is still on there. I think that changed to, uh. That changed. Mike Connelly. Yeah. OK. Thank you. Neither is Mike Schmidtz’s. We have two new city.

00:32:51,600	People on the board isn’t there? No, um, The other city commissioners is on. See his face. He sits in that spot. Um Newly elected OK. Yeah, Rich, John Risch. So again, I would. Encourage all residents that would like to be involved in in our county’s business to fill out those applications and join our boards.

00:33:28,400	It, uh It’s a, it’s, it’s fun to sit on a board where you have residents and their opinions that are given. Uh, amongst the the conversations that happen at those board tables. OK. Thank you, Comm Munsen. Appreciate that. Uh, Comm Schwab, update on CO2 pipeline. Wait a minute, I’m not. This last year.

00:33:50,400	I was looking at this officials appointed to serve at the pleasure of the board, and I see that. Marcus Hall is lined up with county coroner. Let’s not do that. Oh that would be terrible. Did you have a problem with being a county coroner there. Don’t do it. I’ll go ahead and make sure sure that those are aligned Good catch. Mr Schwab.

00:34:26,600	Well, anybody from Summit Carvin here? I don’t see anybody. No. All right, thank you for asking. Uh From my good resources we’re going to be getting a, Ruling from the Public Service Commission. Of course, after the election. For obvious reasons. And I think that will be coming in November, December at the latest.

00:35:06,670	However, there’s a few things that are going on that I wasn’t aware of is that this whole Sequestered. Uh, came out of EERC. And I think Comm Bakken and commission uh chair. Bittner know more about it than I. I, I just ran across it. This whole program has been designed by the state.

00:35:38,800	It’s the way I’m reading it. To get I got, I, I got an information dump today and, I haven’t been able to go through it all, but all of the ideas and the push behind it and the push behind the state. came out at UND. My separate entity, EERC is a separate entity from UND.

00:36:04,370	Pardon me. EERC is a separate entity from UND. What is, what is UND doing in that? It’s a loose relationship and EERC takes space at UND. I went through that study though, a little bit, and they’re getting advice from Oregon. And California. Of all places.

00:36:37,530	That Actually designed the package, so it looks to me like What’s happening here is that they are This is a state kind of state-run operation and Then some had come in because he needed somebody to Do the work And here comes summit. But it isn’t all done by the state, but it’s doing from outer stateers. Second point I want to make.

00:37:05,870	Is that I want to talk about John Deere a little bit. Harold Hamm, he’d fallen there. You know, John Deere. is one of the investors in this. They make good equipment. It’s green from here all the way to Strasbourg to through South Dakota to Iowa, green equipment. But it isn’t enough for that company. They’re using eminent domain against your customers.

00:37:32,470	I will be sending them a letter asking them why. Unless you want to go and sign it. Remember we talked about certified letters. Why is it that they’re going after the The farmers who they’re supposed to be supplying machinery. What purpose is it because if you remember, On a 2000 mile line. They’re producing more carbon.

00:38:02,270	Per ton pumping it up here. And nobody’s ever Defended that Now, looking at the last thing I thought it’s a 20,500 mile line. So The theory that I’m coming up with is All this is. is a recycling. Of carbon They’re not taking any carbons off the road. It’s a money grab.

00:38:37,730	It’s basically what it’s what it’s starting to look like. Um It’s pathetic. I mean, what is the benefit? When you’re producing more carbon, Then you’re pumping. To There is no benefit. The strange thing about this whole thing is Nobody from Summit. Has defended that position. Nobody from the governor’s office. And a The other office is the commerce department.

00:39:12,870	So the question is what gives, and it looks to me like What is happening I believe back a while. That they kind of The screening deal. Carbon deal They kind of put restrictions on it and North Dakota turned around and said, well, What we need to do is figure out how we can This is grant money, money to pay for

00:39:38,570	it. It’s all from the federal government and is setting this thing up. So that The project can go through. And changing the rules. And I actually believe now that they are They are speaking. Not, not speaking, I should say that.

00:40:08,370	Some carbon solution doesn’t have to come to these meetings because the state’s already made up their mind. And I think it was made up about 3 years ago. So The thing about it is, how do I get information from the state on any collusion. And working on that. So I’m asking, I don’t know, you guys. Run into this too. There is no way a summit can come in.

00:40:35,530	And not answered to anybody, whether it’s about weed control, whether it’s about Uh Terrorists and stuff, I mean, terrorists know where the gas lines are and. They don’t seem too worried. And they don’t want to give out their carbon footprint.

00:40:59,070	And if we go back in the meetings, I can’t find when I asked that question, and the reason is it’s bigger. than what they’re taking out. So it looks to me like they’re going to do nothing, so. You know, I’ve been harping about the garrison version. Canals and nowhere. We’re going to get a pipeline just as bad, but worse. It doesn’t do anything but costs more.

00:41:18,730	And it’s going to be billions and billions and billions of dollars that’s For these People And they talk about social security going broke. They’d be better off putting their money in Social Security as far as I’m concerned. Now, I got up Bismarck Tribune of September 5, 2024. And they had a They had a front page article. That North Dakota.

00:41:51,900	On their carbon capture has enough. Carbon To enhance oil recovery. So I would assume they researched this. Why in the hell are we bringing this thing in? That’s the question if we have enough, as a matter of fact, Uh, we’re shipping it up to Canada. So it’s just ship, ship, ship for. $85 a ton.

00:42:24,100	And there is, there’s a big problem that I have with that. There’s a lot of big problems to have with it, safety issues, etc. but Uh I would like to continue this. On the next meeting for the simple reason is, I think I found an AI that isn’t. Being monitored.

00:42:49,000	But I kind of got shut down on the other one now because it’s being monitored and OK, well, I, I can speak to that, Comm, we’ll just ask that that. Uh CO2 But on CO2 pipeline discussion be on the next agenda. Absolutely. OK. I was going to say one more thing. How is that boat in South Dakota that affect this thing? I haven’t kept up with it.

00:43:14,000	I haven’t followed South Dakota. I I couldn’t answer that. I do want to address one of the questions we talked about earlier, um, in regards to a letter being sent to anybody.

00:43:30,170	The only way I’m able to sign a letter as the chair as if the letter is drafted and it comes before the board and the board adopts that and so I could sign it as the chair at that point. I think you’re, you’re welcome and well within your power to Do it yourself, but I think it would probably be meaningful if it was. Something that came as long as it’s OK that I signed the letters.

00:43:48,830	Well, if you’re, if you’re signing, that’d be a question for the State’s attorney, but I think if you’re signing on your own behalf, that’s one thing. I’ll use county letterhead, though. Then it’s got to come, I would say that, yeah, better, yeah.

00:44:04,270	It should come, it should come here, so we can, so we can see it and, and, you know. Prove it. Yeah. You’re sending it out as a county Comm, then yes, it should have commission approval before it goes out. You don’t want me to get in trouble. I don’t want any of us to get in trouble OK, that answers that question. I say, that covers it.

00:44:18,070	Anything else. It was a good presentation, Comm just one follow up too. It’s, it’s. And as per their own website, Summit states that What is being Proposed to be shipped to North Dakota via their proposed pipeline is not for EOR. It’s not for enhanced oil recovery.

00:44:43,800	It’s just to be sequestered because that’s where the money comes from, so just for a point of clarity on that. Yeah, but they They were on, there was a conversation on, on the radio that, well, maybe down the road. So the question really 12 years. that carbon credit for 12 years, but once it’s sequestered, it’s and they start taking it out.

00:45:04,900	You can’t pull it back out once it’s sequestered it. They could do anything. It changes its components. I wonder who owns it. State owns it. Well, I can answer that a little bit because I got a real heartburn with that one. Yes, we can.

00:45:24,870	Um, there, there’s a clause in the law that um, That they can inject that under the lease. And then after the end of the project, some maybe 12 years, maybe 15, whatever the end of the project is, they, they apply for a certificate of completion. And when that certificate of completion gets approved by the state industrial Commission than under the current law. The, uh, the, the carbon dioxide.

00:45:50,070	And the storage facility. becomes the property of the state. Now I, I have a real problem with that because to me that sounds like it grants. The ownership I have in, in the dirt down below because the uh pore space is considered a surface rate, and in our case, we surface, yeah, and it’s illegal to sever.

00:46:13,930	So under the current law. So we own the surface, we own the pore space, and we own the mineral rights currently. And so that’s somehow puts the state in an ownership position. On somebody’s private land. And I, I simply have a constitutional problem with that.

00:46:38,600	Um Well, not only for myself, but I mean everybody that and people most people don’t know that. It All this is right now. The research that I’ve been doing. I Not to get cars off the road. They care less about the environment. They’re producing ethanol down there and CO2. And they want to make money on that revenue stream by pumping it up here.

00:47:03,130	The federal government is going to finance all of this. And then they wonder why we’re so far in debt, but it’s What really bothers me is like, you have John Deere, you have Harold Hamm, all these people, they’ve made enough money off North Dakota.

00:47:22,370	And what do they do? They want for their own personal profit. To use eminent domains so they can make more, and I think The state has to answer some of them questions because What you’re talking about. Uh Clearly not right. Um-hum. And why can they do anything they want.

00:47:47,200	They don’t even have to get the permitting process like MDU would have to get. They don’t have to have a, uh, Environmental impact statement. And they’re still fighting over the Dapple pipeline on environmental impact, and that’s been running for what? Almost 10 years. Mhm I mean, there’s something wrong here.

00:48:12,570	Oh, the, and the other thing I would like to know is, How many, uh, elected officials in the state have interests in this pipeline or will benefit from it. That sounds like some sort of public records request to be made. So I’ll be working on that. OK. OK. Thank you, Comm Schwab. Yep. Good presentation. Um, unless there’s anything else, we’re gonna get to other business, uh, thanks for waiting.

00:48:37,530	I had a contact from Craig Olhauser. He wants to speak to us. Um, in regards to load limits on Highway 10. Craig, um, state your name for the record, please. Welcome Hello, thanks. My name is Craig Olhauser, and uh, First off, I’d like to thank Ryan.

00:48:58,870	He, uh, took time out of his personal data to discuss some of this with me and, uh, as well as Marcus Hall. So I put a lot of, a lot of time and effort into this thing over the last couple of weeks since you guys, um, since the county’s made the decision to restrict the Um, he said we’re talking from Highway 83 out to

00:49:13,400	the county line, which is just past Driscoll, 3 miles, and so that’s the stretch of road that, that, that I’m um addressing here. Um, so, Just to kind of give you a little bit of, uh, a little background.

00:49:29,400	I’ve been in the Sterling area for about the past 10 years, farming, uh, my insight is just north. I rent it, actually, uh, from Nancy who is here just north of uh Highway 10 off a 353. Um, Highway 10 is my only access to getting back to Sterling. I’m 4.5 miles from Sterling, I’m 4 miles from Driscoll.

00:49:48,770	And so the only ways to any other road is Highway 10 for me. Um There’s a few other people here tonight. Uh, they also farm around or they live out in the area that this will affect as well and that’s why they’re here. There are some other individuals that I’ve spoke with that weren’t able to make it tonight.

00:50:05,230	Um, it’s not just a me thing, and I’ll kind of get through that in my presentation here. So Um The, the, in the past, uh, since I’ve been farming in this area, we’ve had a spring restriction, and that spring restriction in 2024 started on the 14th of February, and you guys left it on May 13th.

00:50:24,800	And so, uh, that’s the information that is is that I found going back through the, the past minutes and things like that of the meetings and and. Information that I was able to obtain.

00:50:40,870	Um So obviously in the spring it does become challenging for us to go by that when we’re trying to get in Springs work or we’re trying to get um crops on the ground, trying to get tillage work and equipment moved and different things like that. And so, uh, over the years we’ve just, we’ve we’ve been able to manage around that and we haven’t Put up a lot of fight. We haven’t. Address the situation in the past.

00:50:57,400	We just respected it and kind of went about our, our day. Um, so now, Um, we Go to a 12-month restriction. And that 12 months that 12 month restriction now is one of the only highways that has a 12 month restriction other than Mookan to Bismarck. And so, Um, I guess. We have an old road.

00:51:26,830	That we now have restricted, and I say they because across the road they have a brand new road that they can run 1055 down, um, and I don’t know if you guys know, most farm trucks don’t haul 1055, and so, uh, mainly trucks like Menards and different things like that that have the capabilities to haul the heavyweight.

00:51:46,600	Uh, most farm trucks are around 101, and so I spoke with Marcus, I shouldn’t even say 101, 94, 97, pretty, but if you get into some of the, like for instance, I don’t have semis, I haul, I, I. Hire all my hauling.

00:52:04,270	Mice, the the company that I hire, um, they can haul 101,000 pounds on their trucks. And so, uh, I talked to Marcus last week, and I explained to him kind of the situation that Brian and I had spoken with and Brian had had asked me to give him a call so I could try and help me understand and And uh he said that he’s done the research on

00:52:21,000	the road from From highway from the 83 out to the county line, and he said it most definitely is capable of holding 1055. Now, as we speak of The longevity of how long that, if it’s gonna take longevity away or if it won’t, or how many more miles, how many less miles, things

00:52:37,800	like that aren’t able to be spoken of. It, it just, he just said he doesn’t have that, but it is capable of carrying 1055. And so The, uh The only stretch that a lot of us have to utilize is is this road that now is limited to 80,000, and so, um, I feel I’m personally,

00:53:00,070	I kind of feel punished, uh, you know, we’re there there’s, it’s not like we got a brand new road that was built that we can utilize. It’s not like they put an off ramp in somewhere that we can get to the interstate.

00:53:14,130	And so those of us who live along that stretch or farm along that stretch, we kind of got thrown out on an island and as far as I was concerned, and I asked a few of the others sitting here and some of the people that aren’t here, if they had any Uh, notification or anyone contacted them to ask about the insights or anything like that of this new proposed.

00:53:29,230	Maximum, so to speak, restriction. Um And I, no one, no one really knew that it was happening. And so, um, Once we got Once we got Um I should say more or less the, the.

00:53:50,770	Knowledge of the 55 mile an hour thing, which doesn’t I don’t really have a problem with 55 mile an hour thing, um. I see that being a pain in the *** for the cops, uh, and the people that are patrolling the highway to have to go on two different roads and what defines a truck and what doesn’t define a truck, and, you know, the Guy that tall and grain in the semi

00:54:04,930	truck with a 18 year old kid that doesn’t have a commercial license because he doesn’t need one versus a Guy that’s hauling 105,000 pounds across the road that has a commercial. I mean, there’s just what defines it, what doesn’t define it.

00:54:19,200	So I see that as being a nightmare, but Um, that’s something that the speed limits, it’s, it’s not super crucial to me, I guess, and so, but the more, the more, the bigger thing is gonna be. The 80,000 pound thing. Um And so, originally when I had talked with Brian and Marcus, I was explaining that the decision had no intent to hurt farmers.

00:54:37,170	It wasn’t intend to ranchers. Um But it’s not only her, but It, it’s got the ability to cripple us. I mean, it’s got the ability to cripple not just the farmers and ranchers but also some of the companies that are around in the area. A Tracy. He’s from Missouri Valley A.

00:54:54,600	He owns that, that company and, and they do all my fertilizer spreading. And so now I run into an, I run into a problem where they can’t haul what they normally haul to me. Now they have to make, rather than making 2 or 3 trips, they got to make 4 or 5.

00:55:05,430	And so now who’s going to pay for that? I’m going to pay for it and then he’s got to have labor that he’s going to have to pay for, and so that’s obviously can get passed to us and then.

00:55:17,630	Right now running a couple of trucks for a spreader is hard to keep up, and all of a sudden you get into the thing, well, OK, now they got to buy more trucks now cost the company more money.

00:55:34,170	And so, In the in the initial when we did prayer and it, it, and he spoke of, you know, the county, uh, the Chair and commissioners are here to do what’s best for us in the county and uh I just don’t feel like. The decision, I don’t feel like you guys made this decision with the intent of it being negative, but I do wholeheartedly believe that.

00:55:52,270	You guys made the decision with little to no understanding on how It impacts us and why and and and how it looks on our bottom line at the end of the year. And so to put some numbers to it, My operation is very, very minimal. I farm a couple 1000 acres, um, we’ve got uh individuals in the room that farm. Way more than that and way bigger footprint than than I. And so just breaking down what I have. So my operation in 2024.

00:56:16,130	So far I have hired 8,179,240 pounds of grain to be hauled out of my out of my fields or my yard to an elevator. Um, I, I again, I told you I don’t personally have a, a semi, so the semis that uh come to pick up the grain.

00:56:31,730	They’re they’re capable of hauling 101,000 pounds, so not even the 1055 that is the norm around the, around North Dakota. Uh, truck trailer configuration weighs about 35,000 pounds. And so, uh, if loaded correctly with axles and bridge and there’s all sorts of stuff 101,000 pounds is what the company that I hired this year so far can carry on a per load basis.

00:56:55,230	So it’s 66,000 pounds of production can be in that hopper when it gets delivered to the elevator, um, prior to the load restriction now, uh, That’s 123 loads. From my fields or my my farm to an elevator. Um The Difference between the old restriction and new restriction is 59 extra loads that I’m paying for now.

00:57:20,730	So now I’m to pay $59 extra 59, this is 59 loads of grain that now have to be transported from my farm to Fargo or my farm to red trail or to Underwood or to Castleton or to wherever we deliver. I’m paying for these 59 extra loads and so.

00:57:47,000	The Fi breaking it down, so I broke it down. So Fargo’s one of the first place I haul it’s 180 miles. Sterling is 6. So custom trucking costs right now, average cost on a truck is $6 a loaded mile or 165 per 100 weight is what they go by. Short hauls, they go by the hour.

00:58:02,500	Anything under 50 miles, they go at 150 to $160 an hour. Average truck again, 35,000 pounds, 59 extra loads at 180 miles,, $6 a loaded mile to Fargo,, $354 more a load times 59 is $21,000 more that I spend uh of the restrictions you guys just put on our road.

00:58:24,600	Now, I don’t know about your guys’ families or finances and don’t want to jump, but if any, if anyone that I know, if you pull $21,000 out of their house out of their husband-wife fund or out of a family fund or whatever, 21 grand is crippling. It changes people’s lifestyles.

00:58:42,030	And so, as I said earlier, I don’t believe you guys made these rules, and I don’t think you intended to hurt our families, but you are. Like this is obviously, yes, farming some years can be amazing. It can be great. We, we were forced to spend some of the money that we shouldn’t because we don’t want, we don’t want to pay it in, that’s just the way it goes, right? But.

00:59:00,070	There is years where we barely make it and there’s a lot of these, I mean, you look at it over the last 10 years on how many farmers have either had to quit, start over, restructure, sell off. It’s, it’s, it’s mind blowing and it’s not just here, it’s all over.

00:59:15,600	And you go and you look from here all the way to Texas and you look at load load restriction rules. We’re talking 10 miles. You guys restricted 10 miles of highway, and the only other road that’s restricted like this is from Anoka to Bismarck.

00:59:32,600	And I’m not, I don’t, that’s not my territory over there, and I don’t run that road, but how is it that right across from ’83, they have a brand new highway to run. We didn’t get a brand new highway to run on. They got a brand new highway that we just spent millions of dollars on and we’re protecting an old road.

00:59:46,530	That now is one of the only. opportunities we have to get to any other major highway. And so Let’s just say we go to Stirling, so let’s just say 6 miles, right? You wouldn’t think 6 miles is a big deal, OK? So now I’ll take 59 miles. And we’ll go to Sterling. Any one of these guys in this room.

01:00:05,200	We’ll tell you that you can go to Sterling as as easy as a, a one hour project, or you can sit there all day in line for 67 hours, OK? So for the sake of time, I use 2 hours. I used a 2 hour average run, it’s probably even low because during harvest there’s.

01:00:21,730	Um, I We had trucks waiting 7 hours this spring for days, and we got one load in every day, so now I’m paying a Guy to sit in a truck for 7 more hours. For 59 more loads. And using 2 hours. At $150 a load for 59 loads.

01:00:44,330	That’s $1700 out of $17,700 out of my pocket extra now that I will spend. To take grain to sterling, which is 6 miles from my yard. 6 miles because of a 4 mile piece of road.

01:01:05,130	And so, Again It That 1010 miles in some people’s eyes or in a non-producer’s eyes, that might look like just a short strip that, hey, you know what, let’s try to salvage this 10 miles for as long as we can because we stuck so much money in some of these other highways that we just don’t want to take the chance of this highway deteriorating. But the amount of traffic that travels from Stirling, North Dakota to Driscoll, North Dakota is not very great.

01:01:22,600	It majorly the guys out there that farm and motorcycle riders, and other than that, there’s a, the people that live there. It’s not a heavily traveled area, very, very rarely will you get on Highway 10 between Sterling and Steele and cusp because you can’t pass a semi or you can’t pass, but I will guarantee you

01:01:40,800	if you get on Highway 10 on the other side of the road, it. It only takes about 5 minutes before you’re about to lose it. I mean, it, it’s packed with vehicles.

01:01:54,070	So why are we protecting a road that is not traveled near as much as a brand new road that’s traveled every day. E And like I said, most farm trucks can’t even haul 1055. And so. Where does the 1055 even across the road come from? I mean, yeah, I get there’s a big corporation over there.

01:02:13,000	I get that they got way more money than all of us little guys that live here in North Dakota do, but there’s obviously, when I talked to Marcus, he’s like, There’s no reason that it can’t be that we can run 1055 on that road, but we were looking at longevity. So, I think you’ve made a really good presentation.

01:02:31,570	So, well, and I, I just want you to understand one more thing or a couple more things everywhere, if you wouldn’t just give me one more minute here. So that’s just my operation now. This is just doing the bare minimums of me. Gonna cost me $200 more a year to farm. OK.

01:02:48,800	This doesn’t take if I have to find someone on a 1 or a 2 trip deal to say, hey, can you come and haul one load for me. If you take 101,000 pound truck out of a buck 65 100 weight. That’s 1,089 bucks. So somebody can go all around me, North 83, South 83, West Highway 10, Steel wherever they want. And they will make $1,089 hauling one truckload regardless of the miles.

01:03:14,300	Where they’ll only make 742 bucks on my truckload. So why are they going to come to me? And higher and and and work for me for $300 less or a little over that. Of what they can make going into someone else’s place. I’ve already given the example of fertilizer hauling. We haven’t even gotten to the spray trailers.

01:03:33,570	We all have to spray our crops. You guys know about weed prevention and we, he was talking about it a little bit ago. OK, well, I don’t know if you’re aware, but when you haul around 3500 gallons of water in a sprayer and all the chemicals and everything else, you’re around 100,000 pounds.

01:03:49,470	So now, now what do we do? Now we gotta buy a whole another spray setup. We gotta buy another truck, get another hired Guy to just carry our chemical and our water on one trailer, and we have to drive our sprayer on the other trailer.

01:04:02,230	What do I do with that Guy for the other 8 or 9 months out of the year. I can’t, I mean, how do we do that? It, it’s just not, it, it doesn’t make any sense. How about the cattle guys? We got some cattle guys in here, buffalo. We got buffalo guys in here. What do we do there? Those guys are 101, 102, 103,000 pounds.

01:04:19,930	So now we take an already Difficult market and now we’re pulling money away from them as well. And so it’s not just the farmer, it’s not just and then, you know, you got the farmers, you got the ranchers, you got, I tried to call and get some gravel delivered the other day into my yard so I could make a

01:04:35,930	trucking with the rainies here. Couldn’t get anyone to deliver it. They’re not going to deliver it to me if they can only carry 80,000 pounds. Why? Why would they spend the time to bring the gravel down? Why would they spend that hour when they can go haul it for one of these highways, you know,

01:04:50,370	companies that they’re hauling for rebuilding highways and things like that. That’s where they’re going to spend their time. That’s where they’re gonna, they’re, they’re gonna put their resource. Um And so, although there might be a positive for the county. I have not yet to see any positive for the farmers with the restrictions.

01:05:07,500	Again, I’m not, we’re not asking for pity, sympathy because time is obviously they can get they can get tough for us. Farming expenses continue to go up. What we are asking is that you guys gave us the same opportunity.

01:05:25,570	Remove the massive crutch in our operations that you, that you You put in the place, um, just like you did, you removed it for, for the people on the other side of the road, and we would just ask if you could please give us that the same opportunity to be able to operate and not let this restriction. Possibly and what we’ve worked for years to to build. OK, great presentation, um, very good.

01:05:47,470	I think Marcus wants to, uh, respond. Any, any particular The path forward here is. Pretty clear. OK. So, I thank you for, uh, Thank you for putting all that together. Just a couple of comments. Number one, he’s correct. We didn’t want to harm them. That was never our intent. And so Cle.

01:06:09,870	There is something to be said about, um, increasing the load weights are not axles, it’s still 1055 with legal acts of laws. Keep that in mind. Right. But by eliminating those 59 trucks that he talked about, that does help longevity too, so it’s a balancing kind of thing.

01:06:29,070	And as I said before at the last meeting, our only intent was to extend the longevity of this road. as long as we could, um, because we all know funding is tight on highway projects and to get money to spend out in that area is going to be really tough to come by and sometime in the future.

01:06:45,130	So, but they have been running for, uh, I, I believe probably 5 years at the 105 before this all took place, and we haven’t had significant damage out there at this point. So, it’s just the longevity issue, so, so realistically, The impression I’m getting based on all these conversations is that we’re not going to be hurt by doing the 1055.

01:07:08,070	When you consider if we went 1055 with legal actual loads. Um, at some point in the future, yes, we probably decreasing longevity. Is that significant? I don’t, I can’t have a grasp on that, you know, but like I said, there is something to be said about reducing the number of loads that are going on there, and by increasing that we are reducing

01:07:27,200	that. So, and he is correct also in the sense that, uh, we see a lot more gravel trucks, other kind of construction vehicles as you go closer to Bismarck. Out in that area, it is pretty localized into farming.

01:07:47,070	Uh, hallway, so I know, I know the conversations generally had to do with the heavy, um, gravel trucks and whatnot and it wasn’t. Are you able to speak as to when you say, uh, longevity, so With the way that that road was built, and I don’t, I’m not, I have no idea. road building. But the way that it was built from Highway 83 out to the county line.

01:08:00,400	versus the way the new road from Highway 83 to Apple Valley or Apple Creek was built. What would make The new road lasts longer at 1055 with the new materials or the way that they build roads now versus One of, like, why would it damage? The old road, you know what I, you don’t follow me like. Yeah.

01:08:17,930	And, and I, and I think I do. And, and the basic concept is, it’s the quality of bituminous that we’re putting down now versus the quality of the Potumus that was put down back in the years ago.

01:08:34,630	So, uh, heavy loads on that older bituminous, um, it’s possibly more likely going to break up sooner than the new bituminus that we have down. So. So, if a truck is able to carry 105, we’re talking legal legal witness, um, Corey, how to get to 1055, what do you have to have? Uh trailer maximum brake. the drop. So I don’t know of a one farmer personally that has that. Um-hum.

01:08:55,000	I, I’ve never seen one, and so we’re, we’re, we, you know, that 1055 is, is, As he stated, most of the traffic there is farming, right? And most of those trucks, if we load them legally are 940 to 97,000 unless we hire trucks, which then they can get up to that 101 or if you have a puff,

01:09:10,230	you know, 102. And so we’re not even getting into the 105.5 range on, on, on a truck unless it’s. And, and, and, you know, even at that, You know, now the, the, the biggest thing is with farming is they make bigger equipment and bigger machines like big, you know, we went from having sprayers that used

01:09:28,330	to be 20 ft wide, 10 ft wide, to now 120, 140, like big, you know, to cover more ground because it, and now they’re doing the same with Halling and like I said, in, in most states from here all the way south, there are very few stretches of road that are at 80,000 all

01:09:43,470	year round. Sure. Well, you’ve made some very, very good points, and I appreciate you and, and the rest of the folks for bringing it in. I think that the Commission is ready to take an action on this. What can we do? OK.

01:10:03,200	So Mars, said one of the things we put in there was the, uh, the egg permit, so does that address that, you know, it, it helps above the 80,000 pound vehicle. But as he’s, as the discussion I’ve had with him over the phone, it, it all depends on wheel, axle dis distribution and stuff like that too, you know, so, so maybe, uh, the harvest permit does not necessarily help him as much as

01:10:24,030	going to the 10. 5, it does. I was permit on a normal truck with 80,000, so they go on a per square on, on a tire for width, right? So I have it, I printed out the, the thing here. So let’s just say you have a 9 inch tire on your steer axles.

01:10:37,370	You get 10% more on that steer axle, so that. That gives you, About 900 pounds, right on those steer axles and gives you a little bit more. You go up to 10% if you have the right setup. So that would take your 80 to 88,000.

01:10:53,370	So it would give you, don’t get me wrong, I mean, 8000 is better than, than 80, 88 is better than 80, but again, that only goes from July 15th to November 30th, and that only includes the grain on its first transportation, so from the field to the elevator or from your bin to the elevator.

01:11:11,070	It doesn’t include anything else and it only can be done under those dates. Anything outside of those dates. So for, for instance, this year, a lot of people are holding corn right now because of the election, OK? Most people won’t be delivered with corn until January, February, March, April, somewheres in there. Well we fall out of this already in November 30th.

01:11:25,870	We fall out of the harvest time frame. Right. So then, so then the answer would be, um, to change the, the load limit to 1055 with legal axle spreads or that would be correct from Sterling to the county line. So that would be the motion I would recommend if you. Moved to approve. Way Wait a minute.

01:11:46,230	Second. You know, a motion to 2. Further discussion, Comm Schwab. Marcus, if, If we do this, Uh And the roads start breaking up. How is speed going to affect the roads. Uh Uh, Comm, uh.

01:12:14,630	Yeah, speed does have an effect, but that was before that time was 65 and 65 now, so it’s the same speed as it was before. So it’s a dynamic effect on a particular roadway. So if you, you’re going faster, it does, it, it hits it harder.

01:12:32,670	I know there’s, I know there’s some roads, particularly in Morton County, where, where sometimes they just decided not to repave them, I think Highway 10 going towards Glen Ellen was that way, where they just turned her back to gravel and You know, didn’t repave it. It’s not that we are limited, um. I guess I don’t Expect you to know off the top of your head, but I’m suspecting that stretch of road is already pretty, pretty much passed its life expectancy, um.

01:12:53,470	Yeah, Commissioners, I would say, I mean, we’ve gotten our money’s worth out of that particular road out there, obviously. I’m just going back to the, the speed restrictions if that road is Starting to deteriorate at a faster rate than what. You’ve expected, we do have the ability to lower that speed limit.

01:13:13,670	That that is that we have other tools in the toolbox that we can look at if, if we all of a sudden see a degradation of that particular segment of roadway Be beyond what we would call normal, you know, wear and tear. OK. OK. Commissionerw.

01:13:30,530	Yeah, the, the thing I’m, I’m getting at on all this is that I understand the farming side of it. I construction, I like the haul full loads too. But if the road be Starts deteriorating fast and becomes dangerous. And we’ve got to put. 50 or 45 mile. Speed limit on the trucks. Is that going to hurt or help you? Obviously, it’s going to hurt you.

01:13:57,600	Well, Not near as much as the, as the weight will. So, we want to just speaking for myself. semi, you can’t get on the, you can’t get on the road and just hit 65 miles an hour. So between my approach. And And Driscoll or Sterling. Especially going towards Driscoll with the uphill climb.

01:14:18,870	You really got to push a load at 95,000 pounds to hit 65 and then for what? Just to slow back down? So most of the times, the trucks only travel and maybe that’s why the highway has lasted as long as it has in that area is because all of those intersections that come out from all of the fields are

01:14:33,870	so close to both the access points of major highways that you don’t really ever get up to the 65 with an empty truck, yes, but then there’s the 65 mile an hour thing really hurt? Probably not. Yeah, that’s what I was gonna say because I’ve done a lot of lowboy hauling.

01:14:47,900	I had a lot of heavy equipment in