00:00:06,170	Go ahead and call the burly county water Resource District March board meeting to order No problem. Wendy called Roll call, please. Senator Smith here. Manager manager here. German landenberger Here. We have a quorum. We will continue to move on to the agenda item approval of last month’s meeting minutes. Randy.

00:00:32,470	I think you had a Just to change. Yeah. I do have a suggested change. Uh, because I My technology, But, Um in the, uh, motion that we passed, Um, during our executive session. There was a reference to completing the appraisals. And Um, within that motion.

00:00:59,670	There is a there is a number that refers to the number of Number of parcels and, um The the, uh Let me. Just read you. The motion motion was passed to authorize Houston engineering to complete and evaluation of the McDowell Dam Supplemental Water supply project. Using more current data and to proceed with an appraisal of the three needed parcels associated with the McDowell Dam project.

00:01:26,800	I just Believe that that number three should be removed so that it reads with an appraisal of the needed parcels just so we’re not tied down to a to a specific number on that it may end up being three.

00:01:48,200	It may end up being B so just wanted to make make that that change, uh to those draft minutes, And with that I would make a motion to approve the minutes as amended. The motion by Manage binegar second by manager Jones to amend the minutes approved the minutes as amended as randy statement Did You get that, OK? All. Those in favor. Say I Motion passes. The minutes from last month are amended and approved. All right.

00:02:19,130	Any Additions or changes to the agenda this morning. Mr Chair. I would like to add one bullet item under financial reports entitled Investing OK? Any other changes. Move through approval as amended. Second a motion by manager re second by manager Jones to approve the agenda as amended. All those in favor say I oppose Motion passes. Agenda is approved.

00:02:53,330	Moving on any comments from members of the public not associated with a project. Seeing none. We will move on to McDonald dan this morning manager Vinegar Yeah? No. Uh, no updates from our, um dam managers, uh, on, uh, on the project.

00:03:22,130	Um And we will be Addressing The easement negotiations and an executive session. So, uh, that that can that will wait till then. So nothing further. Everything is Right ear. All good, OK? Right? Moving on to financial reports this morning, man. We got through that quick, So I am behind. Mr Chair on pages, uh, page six of your packet is the balance sheet.

00:03:49,530	I’ll go through the financials. Um, as you probably are aware, it’s it’s real estate property tax season and so we have quite a bit of income. We started the Month of February. The balance in her checking of $1,764,857.34. Bills were paid in February in the amount of 97,003 07 $88. Income. We had $389,498.01 Of.

00:04:23,130	That real estate is 320,000 roughly, um, State aid, uh, slightly more than 4000 and then special assessment collections or an amount of 64,000 for various projects. Um Special assessment and on and funds. So those have been distributed to those funds. With that, Mr Chair Unless. There are questions. I’d move for approval as presented.

00:04:48,070	Second Yeah get emotion by manager second by manager Vinegar. Approved this month’s balance sheet. When do you take roll call, please. Manager? Yes, Manager? Yes. Manager Jones. Yes Manager Bear. Yes. Chair land. Yes motion passes balance sheet is accepted for this month. Similarly the profit and loss statement. Are on pages nine and 10 of your packet.

00:05:12,900	Um, I’d move for approval as presented. I can try. OK a motion by manager Reeves seconded by manager Jones to approve this month’s profit and loss statement. When. You take a roll call vote, please. Manager Smith. Yes, Manager re Yes, Yes, Bennet? Yes. Chair Langer Yes motion passes profit losses except for this month.

00:05:40,470	Um, pledged securities are on pages, 10 and 11 of your packet. Um, no real discussions there that provided for information. And then, um, moving on, Um Payroll contract as we discussed last month, um, engaging Frontier payroll to frontier Professional services. Excuse me to manage our our payroll and and provide direct deposit services. That agreement is shared.

00:06:09,800	On pages, 12 and 13. Of your packet. If there’s any questions or comments. One question. I did have Wendy and I’m Not. Sure, if we if we need if this is like an open ended contract, I’m not sure if if we can do that. We can OK? OK? Good. Mo.

00:06:35,930	Um, just as you board members are aware we have information we have to fill out to help process that or help inform that process so Need that by the end of the month, wendy Yeah. Wendy was saying that second page that new higher employee change for we do not have to fill out that one with the rest has to be filled out.

00:06:51,130	So Yeah. Thanks, Dennis. So. I. Guess. We are, um, looking for a motion to approve that contract. I move to approve second. OK, we got a motion by Manager Reaps second by Manager Jones to accept the payroll Contract for frontier. Professional services. When. Do you take roll Call vote, please. Manager smith Yes. Manager.

00:07:19,970	Yes, Manager? Yes Chair the vinegar? Yes Chair. Yes motion passes, we will sign that contract. Thank you, Mr Chair one more item we just added to the agenda investing.

00:07:38,470	We, uh, as you all probably are aware, and I didn’t share the balance in our in our checking, Um, we have a slightly over $2 million in a checking at the end of at the end of February. Um Believe we have at this board have the ability to manage that money and, you know, invest in safe funds, of course, but I would like to Um, myself and maybe with assistance of wendy explore options for investing some of that money, short term

00:08:04,470	C DS. If you will, um And just, uh, you know, be good stewards of the money. So, I I’d be looking for some consensus there to bring back to the board at our next meeting, whether that’s a special meeting for another, we could add it to the agenda or whether it’s a regular April meeting.

00:08:21,070	Yeah, I think that makes sense. Dave. That’s perfectly within our Yeah. OK? Yeah. OK. Thanks Dennis Any questions on that? Right? OK? All, Right Thanks dennis for financial reports this morning we can move on to drainage permits complaints. Andrew Jones this morning. OK gets thanks to Casey. Has been resolved, so that is closed.

00:08:50,400	Grass Lake is gonna be open for a long time because of legal issues. Um, just for the heck of it. I drove up there yesterday, and I’m not getting stuck for three hours again. So it’s It’s gonna be a while.

00:09:12,800	Um uh, Kathleen, can we move back to that? Just that moonlight so Potentially Casey’s met, and we’re We’re closing that out. I don’t know if we need action to close that. Or at least consensus. I would well The letter has gone. OK, uh, from Casey. Yeah and Casey has spoken with Mr Goetz. So Good. Morning, Casey. Morning. Uh, we Looked at everything pulled all the storm management plans.

00:09:40,100	So We’re Moonlight Road is that was 1975 way before stormwater management plans were done, so there was one the subdivision to the West. That’s where Ronald Road is. I. Can’t. It’s like country hills first or country state. It’s one of the country ones up there.

00:09:59,330	Um, I did look at the stormwater management plan, and that one read through it, and they did look at where moonlight is at in that storm management plan, and they said, Basically, the roads were in there is a little bit of detention that does occur at in the ditches for each road going through there, and they base their design upon that detention still being there, so what we see and what

00:10:17,670	he’s seeing with the water is part of that detention that needs to be there. Um Write all that up. Just let them know it is functioning in accordance with what’s going on. And. The. Good news is the waters in the ditch, Not your house and it’s supposed to be in in the ditch going from there.

00:10:37,770	Then He called me Monday morning. Uh, he wanted to talk about the letter. Go over it. He, he said his number one concern was 71st street with the culvert he felt that was set incorrectly and that as well, we looked at that last week. Also. We went out and surveyed it reshot it. It’s exact same size.

00:10:55,930	We set it somehow it’s the exact same elevations, which it’s usually 1/100 off here or there, but it was exactly on and we were like, OK, so to us it was that Changed and that he’s well, I’m getting more water this year than last year and I was I would agree with you because grass isn’t growing when grass

00:11:13,500	isn’t growing water does go off more and and you will see that, but in our job is to try and get grass established in 71st, with all the A, TV, S and new TV S going through there? Um, he requested he that he didn’t want any water in the ditch on moonlight and I was well the

00:11:32,200	county has to do that. I can’t make a policy that is just for your ditch by your place. It has to be county wide. So. If there was no water can be in any ditch in the county.

00:11:45,800	I’m I’m gonna have to ask for a whole lot of taxes very fast to try and deal with that, And. I don’t believe, um people in the county want to pay for that. Right on there, so he just he had expressed his concerns and one was with mosquitoes and we were told him. Here’s the contact.

00:12:02,670	You can have them drop some of the stuff in for anti mosquito and and try and help, But. I was part of it is it’s detention and I was just like when your neighbors upstream If you call us and say they want a bear culvert. We call them you. We can’t Because. North Korea is everybody floods a little bit? Not the downstream guy just gets hammered.

00:12:19,730	So, so I think he understood going from there? I, not saying he’s thrilled about it by any means, But I think he understood it and was kind of wanted us to make sure we just kept an eye on it. And And. It was Yep, definitely will, OK? Any questions for Casey. Appreciate the additional context.

00:12:40,670	Yeah, Yeah, yeah. Uh, one of the culverts has said a little higher, so it’s does have infiltration is how it goes. It’s more retention going through there, but those culverts were set back in the seventies, so everything’s been operating for 50 years, and it’s Kind of tough to start changing it now. OK Mr.

00:13:03,130	Chair, um from a point of record seeing as how you have a complaint on file recommendation would be that you actually dismiss that. I don’t think you need to send a letter because it’s been addressed by the county. But for for the minutes.

00:13:21,200	Yeah, the highway department, but for for the minutes and the purpose of the complaint is to dismiss it. Mr Chair. This isn’t on the agenda. But. I got thinking about this because of this complaint and because of the next We have No files. Where we can go back and look at these two things. Electronically. Never a paper problem. And.

00:13:47,100	I intend in my paper files to rend it. Um, I’m wondering the thoughts of the form. About, setting up a specific I W range complaints. And then we list them by the last name and and the Year. Because in working with various grass lake. Everybody knows there was a problem up there in the nineties, but nobody can fuck complaint.

00:14:16,370	And I think it’s time we Trying to take that step forward. But I’ll. Leave it up to the board to make that decision. Yeah. Mr Chair from a point of record. We have a lot of in fact, we’ve actually created Project numbers for individual complaints.

00:14:34,430	What we can do from the standpoint of working with Kathleen and wendy is say, OK. Here’s the digital records we have from whatever date to whatever date and then we can pass those on to the board and say, Now, you have record of those Um, because we do keep you know. I’m a paper dog.

00:14:52,030	Sorry, but so we do have a a pretty good handle on some of them. The older ones obviously. There’s nothing out there, but Well I. I believe under state law. We have to keep everything for seven years. Um But if we if we somehow set up a system where, at that seven years it dumped into another file with the name and date.

00:15:17,100	Yeah because this grass lake thing is quite frankly, a nightmare. No history there. Yeah. And. We don’t have it. Nobody can seem to find it, including the Water Commission. So food for thought. No. That’s a great idea. Mr Chair. There actually is a file. That has some of the older complaints just not back that far. Electronic or paper electronic. OK, So. Where.

00:15:38,400	Is that being stored at is that you guys computers OK OK, and you’ve been with us How many years Wendy? Since 2120. 24 years, but I do have some of The old ones. I know I have paper copies. I think I found back to 17 Oh, Great.

00:16:06,130	I was unaware of that, but I didn’t Nothing on grass. Lake? Yeah. And. I know the highway Department. I know we have them back till 2012 if I remember, Right and I and I keep a lot of them in my email, so it’s backed up in case computer crashes or whatever. Then it That. It’s a redundant system, then So.

00:16:25,430	What we kind of need to do is put them in one place, So. We know where they are. I mean you have some wendy has some. Michael has some Um If. We put them all on on the water boards. Server.

00:16:45,730	Yeah well to me between either of the engineer that we hire and or the secretarial services that we hire, you know that to me makes the most sense. So I don’t know if Mhm. You know there. There’s an additional charge or anything windy as part of your services to to provide more electronic storage things of that nature. Look into that I. Have a good one.

00:17:03,370	I think Mr Chair we will will do is, um from our side. I’ll just create an inventory list. And because they’re all in the same folder on my side. I would just create an inventory list of what they are and the date they occurred. And, then the files are there that way if you want to research it, you go to the name.

00:17:16,000	Here’s the date you can go to the folder and it’s in there, but I’ll just create an inventory because right now they’re just stuck stuck in the folder.

00:17:29,900	I don’t have a separate inventory table of contents if you will of what they are, I think, uh, it’s kind of ironic one of our former board members is in the in the audience. I think I remember him giving me a set of hard copy files that I will go look and see if I still have. So. There’s another. That’s what happens, right? So, Mr Chair, wendy.

00:17:53,330	So the electronic files that you have Wendy Do you? Do those match up with the hard copy files you have or or are we talking 22 different? Separate documents. Two separate so hard copies are older, OK and then the hard copy files.

00:18:13,270	What are we talking about? Are? We talking about files? Are we talking about file drawers or are we talking about file cabinets? What? What? What is the quantity we’re talking about here. I think we have about 34 boxes? Four bucks. It started those S and B cabinets, and then we kind of downsized and some fish shredded. Yeah, And and and we you can.

00:18:36,670	We can do that We can either have frontier office, Uh, frontier professional services or or some other entity go through the process of scanning and filing those so that they are more accessible at Um Something that can be done. Mr Chair, didn’t we? It seems to me about three or four or five years ago we had record keepers go through our files and create electronic files. And.

00:18:56,930	I’m not sure that probably end up in Wendy’s I think I mean you weren’t here at the time, Wendy, but they should have gotten past you. I believe Mhm. Some of them were There you go. Somewhere what I’m looking for because As. David will tell you Um What was the complaint? In The nineties. Was it the same type of complaint.

00:19:28,530	Um and I’ll let david address all the legal issues we have with this And what it Kind of boils down to Is The. Only harm that I know of right now. And. I’m not gonna get stuck in the mud again. Um Is. The man didn’t ask for a permit. And as I was talking to our Chair.

00:19:54,400	We really county Don’t have a permit process at this time. But. David. Do you wanna cover all the legal issues we face on this? Uh, yeah, mr Chair. And Jones. As Kathleen and I have visited.

00:20:21,400	I think the next immediate step is for Kathleen to To go on site, you know, and maybe have an engineer with her, so you can really identify what it is like guns and I have talked about this and it may or may not be involving a township road, which may or may not be involving the county or the township. If. This is a high spot in the township road. If. This is a apart from any roadway.

00:20:42,200	On improved section line. I mean, we We know so little at this point that we don’t know which law may apply or not. Um we were unclear, or at least I. Am. What. Um what status meandering legs has with the state, but that’s sort of, um, down the line.

00:21:01,270	In terms of what law we may or may not apply, So. I think the next immediate step. Uh, Manager Jones if you can get up there with an engineer, take a look around and maybe visit with these complainants. It’s unclear to me whether there’s any damages here. There may or may not be damages and who With the complainant might be is unclear.

00:21:22,830	Um, those things I think you can iron out once you once you get up there. Thank you? Yeah just asking, Michael, I guess if either you or Travis and certainly you know, one of us could attend as well, you know, with Kathleen, but Yeah when conditions are right up there. Obviously.

00:21:39,270	We can go up and take a look and try and find out more. What’s going on. I’ll give you kind of the institutional background and this is from the, uh, upstairs file cabinet, not necessarily the one that’s recorded or paper. Copy.

00:21:56,530	Um, I remember the complaint in 97? Which is why I asked the state about it, which goes to the scenario at that point in time as I best recall. It was drainage of a meander lake and the state got involved relative to setting the elevation or addressing the complaint. Because of that those statutes relative to me under lakes have been repealed. So.

00:22:15,530	In other words, the State Water Commission or the state engineer director at this point in time, um, does not have jurisdiction over those other than if they need a drainage permit, which is the 80 acre scenario.

00:22:37,230	Um, Burle County does not have a a permit process, uh, set up, but the state does if it’s over 80 acres Now, the question is is and this is a an again It’s a little confusing visiting with, uh Um Department of water resources at this point is that because it’s a meander lake does that become a statewide or interdistrict significance? We’ll address that once we find out whether permits actually required, so there’s a lot of unknowns with this one.

00:22:56,130	The fact that it’s out there the fact that the statute relative to meander lakes is repealed, Um, puts it back in the district’s prerogative as to how to address it as a actual drainage complaint. So. And what happened was a permit required. Was it just the removal of a a high spot where the roadway was.

00:23:15,100	I mean, Those are things that, uh, We’ll ascertain and then make a decision and recommendation to the board. So I assume it’s Greater than 80 acres. The drainage area is well over 80 acres. We’ve looked at the watershed. Uh, it is a meander lake. It’s been there for you know, since statehood and the GLO plats and all that show it’s there. I assume there’s already a natural Drain. Yeah, The. The.

00:23:35,100	Interesting context is this is the section line from the West goes into the lake and the section line from the North goes into the lake. So in 1936, the landowner provided a 66 ft easement. Around the northwest side of the lake to connect the two section lines.

00:23:53,230	And that is under the township’s authority, So. It’s a township right away. So whether the work was done within the township right away is kind of a township question. And now I Some pot hole. I’ve been there. Three hours. So. But I. I agree with both David in Casey that Ed michael. That once it dries out enough.

00:24:20,400	We need to get in there and find out what the real issue is because we don’t know at this point. And In talking to Mr Walter Johnson. He doesn’t know either. So, um He’s just saying, it’s been drained and I well, he could. His brother claims that another gentleman Drained it. And. The. Other gentleman.

00:24:45,100	I’ve called a half a dozen times, and he’s never returned. My call. Um So my intention at this point unless the board has a better idea. When. It is dry enough to go up there. Take. Michael, Take, one of the engineers off the board myself.

00:25:11,300	And go up there and try to meet with Mr Walter johnson as well. Because what I get over the phone. Doesn’t match up. With, the written complaint and when people start saying Well, you got to do this. You got to do that. No, no, no. I’m going to have an engineer. Tell me that I gotta do that. Not No. So.

00:25:41,070	Our past interactions on that is the township board has wanted the road built up and we told them it’s your road, You can build it up whenever you want. Want going through there, and when we looked at it in the past, I haven’t been up there this year, but looked at it in the past at Northwest piece that’s township easement to

00:25:57,900	connect. It’s a grass Weir that has a goal path over it, basically, so it looks like it. It was a grass where that was established to help set the meander lying back in the day and I.

00:26:13,500	I don’t know what it looks like now if they dug it, 2 ft Hole through it or or what? But But. That’s just some of the past. Portions were. We’ve dealt with the roadway portion on it. There’s no call for it. It is it’s just a grass wi I got you go up and over the top. Yeah the road itself. That’s the elevation for the lake. Yeah. Sounds like it. Yeah, yeah. Yeah. Casey.

00:26:36,070	Could You give me that number off the top of your hat or email it to me. The the the elevation. Oh, I. I’d have to look, I don’t know the elevation right off the top of my head. I’d have to look it up, but I I I’ll find it for you. Thank you.

00:26:51,230	OK? Thanks, Casey. So. It’s on hold until we can get there. Yeah, well, if this weather holds up, it might be sooner than later. No, this weather is a problem. That’s what the The goal becomes a butthole. OK? Alright, uh, let’s just jump back up. Do. You think to the gets again.

00:27:14,530	What’s What’s Maybe Get a motion to dismiss that that complaint We can just put that on record. Um PC wrote a very nice letter to Mr Getz. And explain the whole situation. He’s also Spoken with Mr Goetz. Um Regarding the elevation of the road. Um So. I would move to dismiss it.

00:27:44,930	And I will bring all the paperwork to we and let her figure it’s good. OK, got a motion by manager Jones seconded by manager smith to dismiss the gets complaint. All. Those in favor say I oppose Ice. A motion is passed and the gets complaint is dismissed. Documents will be given to Wendy. Mr Chair just for future reference I. I.

00:28:06,270	Don’t recall seeing the actual drainage complaint in our packet, and I and I and and just for future reference as we get those could we just get those in the packets to become a good Record, you may have it may have been last month, but in February because Um, in February. I got both gifts and grass lake.

00:28:24,630	OK, I think it was Maybe maybe you handed it out right before the meeting, OK. Yeah? Yeah. I think I added it to it. And I totally could have missed it. But you know, just good point of reference. It would just be nice to to assure we have them in there.

00:28:39,330	And if I missed it, I missed it. But, you know Just kind of FY and grass lake. I’m hanging on to the the tall thing until I find some answers. I. Don’t believe this one has been in your pocket. But. I can certainly email it to everybody. Thank you. Didn’t that grass lake one come to me. It did.

00:29:00,200	But. I didn’t get it from last month as well. You will that might have been January? It wasn’t it was I just I seem to recall in past times. I’ve not seen a either I missed it, or, you know other drainage complaints. They just and maybe they’re always there. And. Maybe. I just missed it. So.

00:29:19,470	I’ve got question regarding the so what was do we know the Office, or Department of water and natural resources. Decision to Not reject, uh, reverse their Well here. Here’s the discussion with, uh Aaron Kranz. Um, I brought up the issue. Because. I knew it was out there. And I looked through my records.

00:29:46,330	I couldn’t find anything. Obviously 97 is a while ago. Um, I talked to Aaron on the phone. He looked on the records. He said. Yeah, he said there’s a listing of a complaint in 97, and there’s documentation that something occurred. He said. Let me check the records. They check the records, and there’s no paper copies.

00:30:02,630	There’s no scan file so at some point in time they purged that information. And, of course since that period of time and II, I do believe again. Institutional knowledge. I do believe they acted on the meander Lake scenario, which may be why the grass wears out there. That’s what the action was in 97. That’s behind us. Now.

00:30:22,000	There’s no record of what That decision was or what the elevation was, though it may be physically there the other context of it is since that time, the statutes associated with meanders Lake have been repealed. So. This. The state basically has well the Shall We say the legislative body has basically taken that jurisdictional authority from the state and said You.

00:30:44,800	Don’t get to do that anymore. That’s my interpretation of what’s coming. Districts do have jurisdiction. Over me like only on the context is there’s a drainage permit required right or if the drain is cut that action of draining that lake is causing damage or there’s a complaint downstream because something’s happening in a stream that they basically file

00:31:12,600	a complaint any differently than you would eat. No, no. Uh, treating any of them. Exactly. Yep. That’s correct. That’s correct. And. That’s kind of the impression I got from Aaron Carranza that that’s the reason they repealed it because it’s addressed by other statutes. To clarify.

00:31:37,000	We don’t have permitting authority for drainage themselves, right? And? I don’t know if we have any permitting authority other than K. Drainage. That’s right. According to law. Mr Chair. It seems to me from now on, If.

00:31:59,330	All these things um are in place the way we think that the state is taken away its own responsibility for regulation that it’s a straight up D complaint. I think that’s how it’s going to work like manager Smith has said. No question. What. I got one quick question and we can move on. But. So if there is a a drainage permit application submitted to the state And. They then approve it.

00:32:24,130	Doesn’t it, then go to the county water resource boards because I know it used to it does, but it’s not for approval. I don’t think it’s Yeah for comment. Yeah, not for approval in in essence, the drainage complaints would cut or the not the complaints the drainage permit would come before the board and the board would make the determination of whether it’s statewide or inter

00:32:42,800	district significance so the board would actually approve the drainage permit and notify the state if it’s statewide. Then, the state becomes involved the Department of water resources would actually approve or deny the permit. Procedurally. OK, so we can prove it. Yeah you would we do approve it. That question for michael. Didn’t.

00:33:07,400	We send this complaint originally to the state and they kicked it back to us in well, this current complaint. Yes the current complaint, basically what they in 97. We sent it to them institutional knowledge again. We sent it to them because it was meander Lake.

00:33:24,700	They took it in this particular case we forwarded to them questioning the meander lake And they said no, we don’t have me under Lake authority, so they sent it back to the board for action. Just wanted to clarify that head. Which is why it gets confusing The old law, new law conversion So OK. That is really all I have Mr Chair and drainage.

00:33:43,800	And to my knowledge, there are no new drainage complaints. Yeah. That was a lot One. And. I didn’t any more questions regarding the drainage permits and complaints. OK? We will move on to projects this morning, starting with Sibley Island. Mr Chair board members. You should have gotten a email last night of the draft.

00:34:10,870	P ER in in Mike did bring a hard copy as well. Um That is getting into the final stages of preparation. And. Uh, I think the hope is for us to go through it individually provide individual comments to Michael in the interim via email, um or verbally as appropriate.

00:34:34,000	And, then, um, we are probably at some point in the next, uh, within the next two weeks, looking at a Special reason. Special meaning Excuse me to formally Um, adopt and approve that P ER. From there. We Would have a A public hearing and and vote process. I think we should look at the end of April? For a public hearing date.

00:35:02,200	And maybe now we could just, um, you know, discuss that date at least amongst us for availability. What’s the time requirements for that again, It’s 30 days from 30 days from when we send out 30 days from the notice. Then you have any time after that 30 days, you can have the, uh, public hearing.

00:35:20,870	And then as and this is why it’s kind of a scheduling issue because the residents, uh in prior public informational meetings, ask for 45 days to actually cast their ballot. So. The 45 days would occur after the public hearing.

00:35:43,270	45 days beyond the public hearing would be the to vote would be the actual ballot collection in the voting period are closing the voting. So We’re looking at mid June. Right? Oh Yeah for a final tally. So. I mean if if people have calendars out, and we don’t need full board, part participation that’s nice, of course. But, um It’s been evening meeting. Obviously. I would say five or 536. I don’t know. Um I’m out of town.

00:36:10,530	The 29th through the May 1st, but if we wanted to have it the week before Yeah. I was looking 24 25th. I don’t know if that fits Everybody’s and that would be appropriate timing, I think still Yeah. Works for me. I mean we’d have to get on our We’d have to get the P ER approved here shortly. Yeah.

00:36:32,470	And and from the P ER perspective. You got my email, but I just gonna run through the the process. Um What I sent you yesterday was the actual executive summary piece. It’s about 1314 pages long. Um, it’s a summary that references all the appendices. Um I was having an issue setting out large files.

00:36:52,730	But the appendices are they go from a through P? There’s almost 300 pages of documentation and history relative to this particular project? Uh, that all goes on the record. One of the reasons I’m, including all of that stuff is because we’re going to end up going through the Nepa process. So.

00:37:11,470	All of that documentation is important to show the recorded history of what what’s been done in the alternatives, et cetera. Um, I’m looking for comments back from the board as to Is there anything in the report that needs to be changed is there’s questions or something needs to be added, Um, by the end of next week, and then after that

00:37:26,870	set up the public meeting, Uh, take me a couple of days to incorporate all of the revisions and changes. I will continue to work on the report relative to formatting. I mean there’s obviously little things that they need to clean up. Um and then at that point in time, you’d actually have your informational meeting.

00:37:44,030	Um or your, uh, special meeting set the dates. And then we would send the notices out. I have got draft letters kind of already put together that basically all they’re missing is the dates. I don’t think that’s included in the one of the appendices yet because I was still working on those But procedurally. If.

00:38:00,670	You’re looking at the end of April. Um, you would have your public meeting. Or your excuse me Your Special meetings sometime. The week of, Um is that the 30 days before that, Let’s just say we we set the hearing for the For the The public meeting for the 24th.

00:38:23,930	Then you have to be march 24th or sooner, Correct. It’s 11 days from now. Yeah, basically next week. Right? But like I said, if if I get the comments back, I’m gonna be working on cleaning things up formatting and everything. So if I get comments back from the board, If, they’re not significant.

00:38:40,030	It’s only gonna take me a day or so to put them back in to report So if you wanted to tentatively set a special meeting for like the 22nd. Or possibly the 25th. That would work. Yeah, OK. It works for me schedule wise, I just need might need the comments a little quicker. Give me some time to clean.

00:38:58,200	Let’s set a goal of having comments. Any comments. Uh, to michael by March 20 close of business. OK in two days. That’s why I’m gonna be working on things And if you get them to me in between, I’ll have part of them done for it gets there so And then Uh, yeah, Yeah Uh, 8 A.m..

00:39:16,270	Maybe Is the room available. Well, we can just do a we do virtual virtual virtual good idea. Yeah, we’ll just tend to be planned for that for 8 A.m. Friday the 22nd. That work for you. March? Yep. Yep, next next Friday.

00:39:45,770	Week from Is it your pas? Yeah, that works OK and then, uh, question Mr Chair because manager re brought it up. Did you want to include in that special meeting the Investments question and we’ll be ready by then. I’m Not sure, I mean we could add it, Um As an agenda item just right at the at the time, yes, or at the notice time notice.

00:40:04,570	OK I, just just wondering on the process, OK? Alrighty. So. Um, just, uh, you know, and and we check for availability, probably for this room or if not this room. The. You know, some people said maybe at the Bismarck Public library for is the 24th of April is that, uh, the general It’s A Wednesday Wednesday.

00:40:28,530	Is that a general good time for people. You know, after hours Works for me. Or 25th there, you know. Yeah Wednesdays can be considered, you know. The church that night 25th. For me, OK? I don’t know if I need to be there, but I. Don’t think I don’t we don’t need a full board. It’s.

00:40:55,800	It’s nice, of course and But I think maybe the thing is to have wendy check for like the 24, 25th and 26th and just see what dates are actually available. 26th of Friday. So? Yeah, Fridays are bad veto on that. Yeah. I’d see 24th or 25th. Let’s just see what they got available, OK? Might both those days work for you. All right. So.

00:41:21,230	Also regarding resolution number two. Is that something that we would also approve of that? Next week’s meeting. We have the resolution actually is the acceptance of the preliminary engineering report. That’s right. OK, so that’s that’s the actual action you take is approved. Resolution number two would constitute the approval. So thanks, michael.

00:41:43,330	Um, we do have one action item here. Do. You have any else might? No? Um, maybe just for the for the audience watching, so let’s let’s just clarify kind of where we’re at. So. Basically At. This point. We’re reviewing the P ER.

00:41:58,530	At that point once we have comments back to Michael and the P ER S finalized, then we move into another special meeting next week to approve that P ER. Adopt the resolution number two to move forward set the date for the hearing, which is To be at this point we’re looking at towards the end of April, which is 30 days beyond that, that meeting next week.

00:42:16,670	At that point, then the boats the ballots would go out. And, then 45 days later is when we maybe close those ballots, so we’re looking at Yes earlier point sometime in early mid June, and when those ballots would be due correct those votes OK? And.

00:42:39,700	Make Sure We get people watching so OK? You know the, uh Agreement with the North Dakota. The water mission. Um Is David Bliss had gone through it at a request. And so he does have one edit. He would like us to make and I agree. And I don’t know. The, second seven. It’s Section seven. I can’t remember exactly what it was just a cross on a part.

00:42:59,430	Part of a sentence is that correct? The. Same with the earlier the one that we did, I think some years ago. It’s just, um, removing the attorney’s fees provision, which If one agrees to it. You’re locked into it, but the North Dakota operates under what’s called the American rule.

00:43:26,870	Which means if you sue someone else, um you don’t pay their attorney’s fees if you lose And this putting this kind of language into an agreement means that if the other side brings a lawsuit and loses, we get our attorneys fees and it should work the other way as well.

00:43:46,630	But it it in my view, it, uh, we can comply with The American rule that we now have. There’s nothing illegal about putting it in there. I. Guess. It’s like asking someone for a date. It doesn’t hurt to ask. It doesn’t mean you’re gonna get it. So on those in our contracts. As, you know, that’s something that I strike routinely or ask the board to do that.

00:44:05,330	So an So, Mr Chair, and I’ll read that to you just because nobody else has seen it. I don’t think And. So, it says enclose and return to you. Please find a proposed Sibley Island Ker agreement executed by our board Chair please note that on advice of counsel, we have amended Section seven of this agreement,

00:44:19,000	so we intend to cross out that offending phrase in that section seven and have Chair sign it in the cover letter, so I moved to approve that action. Check it? You’re gonna wash my manager, reep and the second my manager vinegar to approve the agreement as amended and send the letter All.

00:44:40,970	Those in favor say I oppose Motion passes will be signed and sent. Thank you, Dennis. Anything else regarding Sibi Island this morning. I. Guess, Mr Chair. It is listed on the agenda, and it’s also in the P ER the discussion that Bismarck Parks and rec has talked about, uh, MOU memorandum of understanding.

00:45:03,570	Um, that would be the process that would occur anyway. Working on federal property. We would need that. For the work that’s done on there. So that is noted, and they were notified of that so OK, thank you. In those email exchanges. Michael was there.

00:45:20,570	Discussion on? You know who’s gonna own this or drive? This? Is this something that we have an existing MOU we’ve used in the past. I don’t know if no there There’s no formal thing right now, And. I suspect that, uh, the Corps of engineers probably have some sort of template that they’ll want to put together. We’ll work with them on under the 408 process to, uh, to do that. And.

00:45:36,500	Obviously. We’ll wait to see what transpires regarding the break and everything else so Perfect. Thank you. Any public comments this morning from Sy Island. Not seen any Dennis would give a sibling Yes, Thank you. You move on to Hog Island. Andrew Vinegar, OK. Yeah. No. Uh, no, no real significant issues.

00:46:02,070	You know we’re still need to do the clean up and seating in the in the spring next month, we’ll send in a state water commission cost share request. Um, but I did. I did want to just mention that, um on, uh, February 29th during during the ice jam event where we had significantly increased water levels. Uh, I, um Myself.

00:46:26,770	Um And. Uh, Travis ran up to, uh to Whole Island. Uh, two different times. Travis was up here in the morning. I was up there in the late afternoon and and there was Definitely high high levels up there and the UM, Bank stabilization project that was in place was performing perfectly at elite really

00:46:50,670	looked good up there and and, uh, I, I would I I would hate to think about, um, what might have happened if we hadn’t got that that project in place, But? Uh, look looked really good.

00:47:08,800	This curious how far from the top of the rock? I got pictures? Um, but, uh, I wanna say 4 ft, or so even it was up. It was up. Yeah. OK? Thank you. Any questions for manager binegar on Hog Island. OK? Thanks, randy. We can move on to other old business this morning. The, Burly County Water Resource District. Uh, How a department on the own and M agreement.

00:47:38,930	I assume that we’re still looking at some drafts and pending OK? Um You know Michael Casey. We met some project. Uh Updates regarding the inspections. Anything. Probably this spring. Yeah. We’ll get those this spring, OK? Actually. Some of them were Pieces of them were done during the event. We get to that after a bit, So. Yeah, that makes sense.

00:48:04,970	As soon as time permits. Great. OK? It’s Casey. Move on to Missouri River Joint board update anything this morning, Ryder. Next week. Uh, There will be Looking at Actually. You agreement that we come up with in different amendments, so I’ll have more perfect Mr Chair. Roger.

00:48:38,570	Isn’t there A meeting tonight, a virtual meeting on some of those, I think so. But it spring, So it’s curliness. OK? Thanks, rider. Policy man or no updates this this month. Uh, we can move on to new business this morning. Uh regarding Obviously we There’s a lot of emails and texts going back and forth regarding the ice jam event.

00:49:08,800	Um, we receive a Accounting report. No. In the meeting packet here as kind of a county and operations report, but I haven’t really seen anything at this point. Yeah, there’s no formal report, but just to let you know the activities that went on.

00:49:27,070	Um Obviously I was out of country, but I had a lot of calls various things going on the activities that happen. On the operations perspective. Uh, the minute that the gauge reaches 12 ft. It starts in action process, uh, both with uh Burle County and the city of Bismarck. Uh, those emergency operations went into effect.

00:49:50,530	Um, the water resource district went out obviously through Travis and start taking a look at, um Fox Island et cetera, uh, had a call from the state engineer who was wondering because somebody down at the Department of Corrections at MRCC. They said. Hey, we got levees down here. What’s going on. Obviously, there’s been a number of retirements, so there’s you know, people that aren’t necessarily in the loop.

00:50:05,470	Travis went down there and visited with him on site showed him what was going on. Uh, so that was kind of an ongoing process. There were things that Fox Island looked at. Um, obviously, then the county was out, taking a look at various things and operations for the whispering Bay gate. Uh, downstream in Washington Street.

00:50:23,600	So, Relatively speaking all of the actions that needed to occur during that sort of an event with that sort of stage were boots on the And the decisions were made at that point in time.

00:50:38,600	Um, obviously the the state Department of water resources came in and took over with the National guard and a few things that they were doing, but, uh all in all, I think it went fairly. Well, Um Casey kind of report on their side as to what went on. So? Yeah, more case again and again. Um yeah, it it went pretty good, Travis. Talk to people we didn’t stop and talk to MRCC.

00:50:57,930	We are the start part actually starts when That Gauge its nine on there, and that’s You. Go down, Silly drive you go way south almost to the end of the road and you turn and go down 12th and you get way way down there. That’s the first area we looked at.

00:51:15,430	We never had an issue in the 1st 2nd or third ice jam on there. It never backed up. To it then we always work our way up. And. Then you’re at, uh Sibley General Sibley Park that one. If. It’s If. We see water starting come in at nine that we plug the the culverts that are there.

00:51:33,730	We never seen any water coming in, and that usually takes three days once waters there to kind of backwater its way up, So there’s always a little time. And. We monitored the fields from MRCC went out there. We checked all the gates and we were OK. All.

00:51:49,530	The flat gates are good on 48 just in case checked all the other gates and were OK. The everything’s There. We just didn’t see any need to start changing. Let’s not start closing everything until we have to at 11 is, uh, when whisper drive by wh Bay that one has to get shut, and we got a call. Some water is starting to come back. It had just barely hit 11.

00:52:09,970	So we’re out there within a couple hours had it shut I’ll pump some water out. We did reopen it after the first Ice or after the second ice jam.

00:52:27,770	Then we got called, Uh, We opened it the day before the third Ice Jam and we said, Oh, let’s just shut it into all the ice is gone, right? We’re done playing around with this one. Uh, Tavis. We were recording with the city constantly on that one. The wastewater treatment plant. The water was coming up the gravity flow through the waste water treatment plant water was coming through Mills Avenue and coming down through Tavis during the ice jams. We were well, It’s. It’s not taken.

00:52:48,030	Obviously the main flow from the Missouri River, but it’s kind of a relief valve, so we if everything’s flowing out, let’s not mess with it because we had a lot of calls because they’re all at 13. You have to close it. It was Well.

00:53:04,930	There’s a few conditions it was if if you’re the Missouri River itself is flooding. I would agree with you very quickly, but an ice jam. You gotta monitor the actual situation. So, we’re out there at least three times a day looking at all these different areas, Then we go up to Mills and cause there’s a couple culverts on mills that we have to plug. But.

00:53:22,530	There is very little water. Even with the Fox is Bolt ramp. Having water. There is a little bit of backwater from the culvert that runs from F on B boat ramp all the way to the east side of Whisper Drive and Mills Avenue on the east side of that T intersection.

00:53:35,970	There’s a little bit of water in the ditch. Nothing that we’re too concerned about, but we just kept our eye on it. Um, the city did close Mills Avenue, um, near the end there and we had called them and just asking Are are you just exercising the gate? Make Sure It works before

00:53:53,630	you need it, And. They said no. The HOA had contacted him and ordered him to shut it and we’re well. That’s Interesting approach, but we were kind of OK. And, the city responds that the gate is not under the city’s control. It’s still under Southport homeowners associations control by the core permit.

00:54:16,470	So in the after action Poor report that that’s something we wanna talk about, because they it was closed on like four o’clock Friday afternoon, and I was well if I gotta get out there and start flipping a bunch of stuff we have to go really fast.

00:54:32,100	I and our main concern was is the way for our treatment plan OK and the wastewater treatment plant was fine, they said. Everything’s flowing so that they were OK with that, so there’s a lot of co ordination with the city I. I talked with Travis a few time uh and I looked through Fox Island on, um Far West Drive Gallatin Far West drive never really got water coming in there.

00:54:47,670	The, only part was really when it was melting more is when you seen So, Uh, Gallatin drive, it was starting to backwater when it’s as close to where he has that little bridge going across and moved a little bit. And.

00:55:05,570	Then once the second ice jam formed and moved down further, but there’s still no water going through. Uh, Travis. Was thinking maybe we should close the gates. We looked at it at it. Uh, we were, uh more of the opinion. Let’s keep the gates open because as everything is melting with 50 degrees, I need the water to get out. And, So. It’s monitoring it obviously and it is, if it’s an issue.

00:55:25,200	Yeah, we’ll We’ll have to shut it. We. Don’t. No. One disagree, but that’s Cause. The flood Annex has some parts for the ice jam, and it says these things, but it’s really hard to play that hard and fast cause at 15.

00:55:43,470	We should have been seeing water everywhere and we just weren’t right just out there. We just weren’t seeing it. So. That’s part of what we’re doing in and people adjacent, had a lot of phone calls. And we Yes, we are out there. We are looking at it. We have people down there almost constantly.

00:56:04,770	So so and then I and I Out there on weekends, and Marcus and Dan all looked, wayne. We all taken our turns going down and looking at everything so OK? Appreciate it, Casey. I did a good job, Mr Chair one other item that, uh, we talked about and I think it’s important, uh, for the public and others to understand that there’s been a lot of activities for protective measures that have been

00:56:22,730	implemented since the 2009 ice Jam. Um, So what we did in in the office in in co ordination with a couple of board managers is that we took a look at where that, uh, inundation is at. We’ve created some, uh, preliminary mapping. We got some information from the Department of water resources relative to high water marks.

00:56:40,600	And next month. We’ll give you a map, and we’ll also share that with the city obviously and say these are the areas that we’re protected by the actions that this board and the community have taken. Um, for these events. Obviously. You’ve got an open bay going into Southport.

00:56:58,200	You know that water is a little bit different or whispering Bay, for example, Uh, but, uh, there’s been some, you know, pretty large areas that were protected when you consider the 2009 event versus what this event was. Because. It was close. 15.4 was that? Yeah and it was but what you should see wasn’t wasn’t what was occurring.

00:57:18,470	So if it was a Missouri river, the whole thing’s flooding you would have it would have looked far different. Ice Jam is kind of the causes some dynamics it does And. You expect that It’s just we weren’t seeing 15 because We were seeing water cutting through by Tavis.

00:57:38,130	When and it was at 13, and it was still going up and we’re like, well it it’s relieving and then Tavis is going through mill. It’s going through Southport Mills and down the major drain through Tavis Gate so we could see two areas where it was starting to cut through and on. The Missouri was cutting through on the Bismarck side closer, not at the bank but closer to the bank.

00:57:56,800	It was cutting through a little bit, and it it was just keeping And IO, and when we’re talking about the city, they’re asking if we’re getting more water, and we’re no and they’re well. Water is going down at the gate at the zoo. But.

00:58:13,570	The gauge was going up and really, and everybody was like, I don’t know what’s happening with that one on there is just a ice jam dynamic that that you can’t really predict. And. We’re watching, Um by Riverwood golf Course. There’s a gate there, Uh, city and us. We both just keep an eye on it.

00:58:30,570	There are some water got into the ditch, but nothing to be concerned about. I. Think in 2009 IG was farther downstream, right? The 2009 Ice jam was more towards the confluence with the Heart River and the one thing that’s odd when you when you think about an ice jam, it’s not open river flow. The.

00:58:49,730	Guess just because you have a 15 ft stage doesn’t mean it’s a 15 ft stage along the whole Missouri. It’s a 15 ft stage at the gauge. That’s Why The High. Water marks are different, because downstream, uh, give you an example even though we had a 16 ft stage at The gauge in 2009. We had about a 17 or 18. Foot stage at Fox Island.

00:59:09,930	Just because the ice jam scenario, so that’s why the high water marks are important to, uh to analyze things and it it really it’s a boots on the ground. Um, I think from everything that I heard in background things went relatively. Well. Uh, you’ve got the after action report to deal with some anomalies in communications and things, which is typical. But, I.

00:59:27,230	I’m not aware in and I don’t think, Casey unless there’s something I don’t know about, Uh, there really weren’t any extensive damages from anything. It was more a a concern and awareness and making sure that what Happening on the ground reflected the protective measures so Well.

00:59:44,330	We as a board extend our appreciation Casey for you and your staff for everything you guys did, and just I appreciate all the communications that were going on the text, the emails, and there was just seemed like everybody was really in the loop and making good decisions. So. I appreciate that. I’ll. Let him know. Thank you.

01:00:00,800	I found it a novel approach to dump river water on the on the leading edge of of the jam and I. I was fairly skeptical. And maybe I’m still slightly skeptical, But. What’s a Anybody else. Think about that and decide it. Was it effective. Was it just a A Perfect timing where it would have broke. Anyway We.

01:00:19,870	We had a hot debate about that in our office. But, we we decided that giant fusion reaction in the sky was heating thing up things up far more than anything, the 660 gallons of water could do to that ice. OK, the the challenge in the background in ingest.

01:00:40,970	Was there other things you can put on ice, but anyway, no, it uh um, looking at the overall picture. I was having communications with a number of, um Cast people who’ve been around that and It was a great situation that it worked out the way it did. Um, if it were be been considerably colder. Uh, there might have been a different philosophy about that. But again.

01:01:01,030	Um, it goes back to the scenario of operating with boots on the ground and making decisions based on the conditions that you’re presenting, not just taking the gauge number, not just taking the gauge number. Um, I, I think what they did has had an impact in making it the shorter duration.

01:01:18,700	I was I was preserving judgment as to that, but, um so the activities that took place and that goes back to the after action. Um, it’s it’s time to discuss what was done. That was done and would you use it again? And? If you do what? What’s the circumstance, So.

01:01:32,600	I think you got to guard against saying Well? This is a panacea to any one situation. And, uh, so yeah. Thank you, Casey Quick, quick question. What I know you didn’t really have any significant issues come out of this, but were there more more issues after the the dam broke than before For? You guys, I mean I was hearing more? Concerns about rising levels after the dam broke.

01:01:57,600	Yeah the That’s when the second ice Jam started because it was further downstream, So everything moved And it moved how we expected and then it was gonna rise at Tavis Gate.

01:02:18,470	It’s all it did, and then it backwater into some of the low lying areas of Fox Island it it hit the areas we expected, uh, we knew OK, cause I was the second Ice Jam is gonna happen here. I. I guarantee it. That’s where it went, and we were prepared, prepared for it and we were watching really close because we were at the gates. If everything starts coming up.

01:02:35,070	We’re gonna have to shut to escape very fast and I was on the phone with the waste water treatment plant a lot and and talking with Michelle cloy Terry Hains said, And. Just A If. There’s any hesitation Call us and we’ll shut it immediately. We’ll flip on the palms and get going. On their, uh but they said they had 3 Ft.

01:02:53,730	Of room in the well there and then and they said the big thing that was really driving them. Everything was still flowing out by gravity flow out to the river, and they they were comfortable with where where everything was at. And.

01:03:09,300	So we’re kinda it was getting to the point where while if it keeps coming up? Yeah, we’re gonna shut it, but it stabilized and start going down once this and then once they drop the flows that it really started dropping quickly cause that that was the big part that really broke up the second.

01:03:25,730	Pay channels when they drop the flows on there, but yeah, it we knew after the first one broke, it was gonna reform in another spot, and it’s just gonna keep doing that, as it goes downstream. OK? Thanks. Yes, very well. Yeah, At.

01:03:52,630	This point I think we’re kind of through the most of the the melting and drainage at this point, so things will start drying up and OK? All, right? Anything else on that? If, not, uh 2025 or development plan. Just I assume we’re working on some updates. I got Travis working on putting those things together so Perfect. Thanks, michael. OK, uh, we can move on to the next item just kind of some general correspondence and document information. There is a temporary water permit application in there on page.

01:04:15,470	I believe it was 2323 through 25 in your packet come over from informational purposes. And as we have discussed in the past, we can request some additional information from wendy regarding some of the plots and storm water management plans. You see the basic ones there from FedEx Baker. Paradise Valley second edition Silver Ranch fourth edition. Yeah.

01:04:39,170	Move on to approve of the bills this month. Chair, um, in your packet. Uh, page 26 is a summary of the bills. Um, and the detailed bills follow. Um, went through the math. Everything adds up. Um one item of note is that the Bismarck parks and rec invoice does include. I think two paddle boats and shipping.

01:05:02,400	Um, in the amount of about 9000 so of that $23,000 bill from Bismarck parks and rec. Some of those are are about 9000. Plus is For purchase of two new paddle boats. And delivery so Um, with that Mr Chair. I would move approval. Being. The bills in the amount of $49,691.

01:05:32,370	72 Second a motion by manager and second by manager Jones to approve this month’s bills and the amount of $49,691.72 When do you take roll call, please. Manager Smith? Yes. Manager rate, Yes. A Jones? Yes, Manager? Yes. Chair. Yes. Motion passes and the bills will be paid. OK? Mr Backstrand. Do you have anything for us this morning or you just In attendance.

01:06:02,270	You’re doing a great Oh, OK, thank you. OK. We will now you’re not gonna close our monthly board meeting. And entertaining emotion to hold an executive session in pursuant to North Dakota century code 44-04 Dash 19.2. To discuss negotiation strategy with our attorney related to easement acquisitions for the McDowell Dam and Sibley Island projects.

01:06:32,630	The board has provided no with this executive meeting in its agenda for this month. Entertain a motion to move into executive session. Second, get a motion by Manager Bear second by manager Jones to move into executive session. When do you take roll call Vote, please. Manager Smith here. Anna? Yes. Manager Jones here, manager. Yes. Car line. Yes motion passes At. This point.

01:06:56,700	We’ll move into the session at the end of that we will move back