00:00:08,330	Good. Morning, everybody. We’re gonna go ahead and call the May board meeting of the burly county Water Resource district to order When, the coral C, please. And smith. I’m here. Man here. Man vinegar. Yeah. Here. Have a quorum manager Jones is out this morning. So. We move forward with approval of last month.

00:00:34,570	There was two meetings last month. The April 10th and April 25th meeting. Meetings. The minutes are in the packet. Any modifications or changes. I’ll make a motion that we approve both those minutes a second, a motion my manager Smith and second by manager Reap to approve both meeting minutes from the April 10th and April 25th meetings.

00:00:58,500	All. Those in favor, say aye. I Motion passes. It’s approved. Any amendments or the agenda this morning. You know we do have a couple we’re gonna move up the drainage permits and complaints up above. Um, probably to, uh, right above McDowell Dam.

00:01:20,030	We have some gentlemen in the audience that want to speak here this morning, so we’ll move that up. And. Then we wanna add an item D under financial reports, right, Dennis? Yep. Budgeting for budgeting just to kind of get that on the table and start having some preliminary discussions regarding our our budget. Any other modifications. Under new business. Do you wanna Oh, yes. And, uh Item C.

00:01:44,670	It’s a wastewater treatment plant preconstruction meeting. Under new business. OK, anything else? Randy anything. No. I’ll move to approve as amended. I. Second that motion my manager reep in a second by manager Smith to approve the agenda as amended. All those in favor say I Oppose. Motion passes, the agenda is approved.

00:02:16,970	Any comments from members of the public not related to a project this morning, not seeing any OK. We will move on to Item seven, which are moving up to above Mount McDowell Dam, the drainage permits, complaints and issues we will start with item C, the Rick Bain Notice an order for 7232 Signal Street. Yeah. Just for kind of reference.

00:02:41,030	This is where we had some trees in the right of way. We had a an order. Thank you for for, uh, moving it up. Um II. I appreciate. Um, I, I can take your name, please. 32 street. Um, I got Oh. Thank You. Thanks Casey.

00:03:02,970	Um I got a letter? Um, asked me to remove trees that were put in Um I. I had spoken. I actually got a visit last year from Corey Palm, who’s No. I understand is no longer on but, um, he came out and and, uh, he asked me to, You know he asked me about the trees and we went through the the the the mapping and the and

00:03:22,230	the the regulation. I said. Corey. I said. This is gonna result these trees. Uh, I mean the trees that are on this. It’s a retain, not a fage. This is gonna affect like 14. Landowners and these trees have a lot of these trees have been here 20 some years. These are beautiful pines.

00:03:43,030	You know, and I mean tens of thousands of dollars worth of worth of just You know, pines and and all sorts of trees. I said. My trees are tiny, but this would affect everybody. You know, I said. Please, let’s let’s talk about this, you know, and he goes well. He? Why while he was there.

00:04:02,400	We got looking at the map and he goes. You know what? This is a attainment. He goes I. I was always under the the impression this was a flow. He goes. This is a attainment and I go well. It’s meant to retain. I said. That’s Why.

00:04:17,170	I planted some trees is to get some of the water because it’s always wet. But. It’s never. There’s not like usually standing water there, I said. But, this is, you know, get some of the water out of the ground into the tree stems and utilize it, You know, let’s make it beautiful. And.

00:04:32,730	Um so I and I and I During the meantime, I I went over and I talked to Uh, that Complaintant dan scoff Who is my neighbor. Um and he and he, you know, I had a really good discussion with him. I thought it was. I thought this was a done deal. Um, we I went over last fall just had a neighborly discussion. I said, Dan, listen. I explained. You.

00:04:51,370	Know what I what I talked about with Corey. And, his complaint and his complaint was not that it was going to restrict water because of the trees that are there are like poplars.

00:05:07,370	They’re you know, even when they’re big, they’re gonna be this round, you know, and some willow that this that N DS U said That would be good for that that soil type. Um I. I, he and he goes well. The trees are going to cause a mosquito issue. You know, trees cause a lot There’s mosquitoes with with I said. I said, you know, Gosh. I said, I, I. I’ve never read that I.

00:05:24,630	I said, usually, and he was mowing his yard. I said, You know, usually just keeping the yard mode is is about as good as you can. Do, you know for this, I said. Is this really worth? I said, because the 100 Ft is what what was told to me was it would be 100 FT from the midline. Which then was that 100 ft. From. The.

00:05:41,600	What from the mid line is what Corey had had told me. Um between the two. So if you ran a line between the two, you know the midline of the of the, but I said, Just look at all these trees. I mean there’s there are hundreds Look up and down, And. Then. There’s.

00:05:56,500	I said. Let’s count the number of Of landowners, and I think it was like 14. You know, and these trees have been there 20 years. These are big. These are not small trees. I mean, mine are You know, but I’ve got a couple of my neighbors here. And and one of my neighbors.

00:06:13,100	Um, could not make it. Uh, Damien. Divert he I know had a discussion with Cath with Kathleen. Uh, you know Kathleen’s not here today, but he he voiced his concerns to directly to one of the members because he was out of town on business today. We just didn’t know what else to do.

00:06:29,030	Um, so I Guess I just come before you and just say This doesn’t make any sense. This just doesn’t make any sense and the cost of this Would be immense. And who’s going to bear the burden of that? Because the the that you know, though, that code doesn’t just apply to my property. That would.

00:06:49,900	That code is for the whole that whole? Attainment. And that and that goes on for I mean it’s it’s huge. It’s not always very wide, but it’s super long and it’s lined with trees and, uh I mean, pines and Um, And. So I’ve got a I mean This just doesn’t make any sense. Please.

00:07:10,170	Let’s use some common sense here, So I’ve got a couple of my neighbors here. Um, I? I don’t know. I don’t know the process, but if I could bring them up and let them Give you a little, um, Will, They say anything different? I mean whatever. Yeah. Whatever. I.

00:07:25,630	I’m sorry I wasn’t trying to step on your toes. No. No I. I just didn’t know. OK. Yeah, I. I do have a question. So, You said. It’s a attainment easement is that what’s it’s way? It’s worded on the on the map that he that he gave to me, which he was not even aware of.

00:07:41,700	He had not even read the map when he when he came out, my question is maybe. And. This is maybe for Mike or somebody else that’s more familiar with the platting process and and easement process is A. Semantics. Is that the same thing as a A flow adjument the stormwater management plan that was developed that is a flawed conveyance. And.

00:08:01,400	It also ponds water up behind the roadways, So it’s a little bit of semantics. It is for conveyance. That’s what it was initially set up for as part of the plat. So in what we’re saying is that the the purpose is for it to convey water or store water, but nevertheless, it’s a that I think there’s restrictions on those easements is what the

00:08:19,030	main part of that discussion is. Well and and I. Guess. It would come down to why are we suddenly Why is it suddenly an issue? Because obviously has never been an issue for 20 some years. Those trees are Are old.

00:08:39,800	But the outside that that zone that those existing well, there’s a There’s a couple of things, and and rick. I don’t know if you read my, uh, my summary of the report. There’s a couple of things that happen Obviously. I don’t remember the date of the plot, but there’s a lot of stuff that was in there before the plot was done. So.

00:08:52,130	You know trees that were there before the Platte. I mean this board is not gonna go out and remove everybody’s tree? That’s an and easement, So. Don’t Get that that context here, Um, that’s not what’s gonna happen. The. The. The Court applies to everybody equally correct. Correct and and I will make that will be And.

00:09:10,230	You know I will make sure that that is applied equally because I can’t be singled out. No. No lander owner will allow that. Let me follow and then let me finish And, then you can you can step in. I’ll give you some background? Um, number one. It’s for conveyance, Uh, trees that are planted in that conveyance, um or obstructions.

00:09:27,770	So whether it be let me finish. Let me finish, please. Can. You define that. I. Don’t understand what? That let me let me finish. Sure it’s for conveyance. In other words when we have a stream flow or we have a heavy rain that water comes through that area.

00:09:40,500	And if there’s an obstruction, whether it’s snow in the spring or whether it’s, uh, just the trees and debris or whatever happens to be there’s it’s meant intended for conveyance, and it’s based on the stormwater management plan.

00:09:55,630	So when that plan is set forth that easement is set there Now there are a lot of trees that are planted before that easement was ever there more than likely because they’re growing along the edges of that, so therefore, the minute a complaint is filed relative to that obstruction. This board will address that complaint, which is what they did. In your case, They’re not going to go out and look Others to remove Just because If.

00:10:12,970	There’s a complaint filed on those other trees that review would take place and say OK. When were the trees planted. When were they actually do they create a potential obstruction to flow? Because that entire easement may not be necessary for flow purposes. And If you read the report that I wrote in your case.

00:10:32,100	I could not really locate a Particular area where you could say OK. You can plant trees here. You can’t plant trees there. And. That’s not for this board to ascertain or determine that’s for you to come back and say, Hey. I’d like to plant trees in this area of the easement. Because. It’s not necessary for conveyance.

00:10:50,670	As far as storage you’ll have outside areas that you could probably plant trees in. That would just be storage and would not create an issue. So in this case with the complaint that was filed. They’re addressing the complaint, which is on your property and the trees that you planted in the location.

00:11:05,700	You plant them do represent an obstruction to flow, not because they’re this high, but when they grow up, um And. That’s The reason for the order that the board had for removal. And all the that too, you know, regarding existing trees.

00:11:24,500	I mean that when that plant is put in those trees are taken into consideration already, if there’s something in that that limits that conveyance to Michael’s point, we’re not gonna go out and ask those trees remove to add additional conveyance. That conveyance is determined based on those existing conditions. Our role is at at that plat is there for for that? You know in that, uh, conveyances there, and there’s a right of way for that.

00:11:42,430	It’s our role to basically make sure that that that maintains, and that’s where we ask that no additional obstructions or tree plantings can occur in that in that once that right away once that Plat is established, that becomes a new baseline.

00:12:03,770	Well and and I and I get that, but the the again the The code does not have my address listed on it. It’s not specific so the the regulations would apply Everybody equally. Everybody equally. I think they’re adding trees to that conveyance? Yes, but there’s still that baseline that was established when that plot was established. The Mike says. Absolutely. That code has the wording for that. That That’s an exemption for those that you know in that complaint.

00:12:25,830	I didn’t see that that language in the code. With regards to the existing trees. I was it in there? Did I miss it? The Storm Water management plan is established, like, um Manager Len, Burger said. It’s based on the original plant based I’m, just I’m just asking. Was it in there.

00:12:47,030	Yes or no, and nobody is going to write an ordinance that talks specifically about individual trees. It was not in there then is what you’re saying the Compliance with the conveyance. Um As per the Storm Water ordinance. So.

00:13:04,600	That’s the Order that was made that makes me feel better because I that I didn’t miss it, because it’s not in there. I have a question chair. Uh, So is the complaint still standing or has that been removed? I was gonna ask the same question. Can. Somebody remove a complaint. But? Yeah, The what you have here is the board has issued an order last fall for removal.

00:13:25,030	Uh, the time period for technically appealing that and I’ll lean over to Dave. A little bit has expired. Um, so the way it sets right now that the trees are to be removed by the deadline established by the board, sure, and I’ll be happy to remove the But.

00:13:42,600	Then it’s gonna be applied to everybody so that everybody will remove the trees because, like I say, it’s I read that it’s not it doesn’t apply to just 7232. And they’re for everybody. No I. I got a question you got And. You guys, I’m not Uh, Please. When. When? When Corey Last I talked to Corey. And I understand He’s not part of the board anymore. I don’t know what happened.

00:14:02,770	It’s not my business. His. You know LA last I talked to him. He was he was like, Yeah. He goes. I gotta talk to he goes. This doesn’t make any sense. He goes, I he goes I. I agree with you. This doesn’t make any sense. He goes, I’ll let you know what comes of this.

00:14:19,370	Well my next communication from anybody. Was the letter I got from Mister Bliss. Asked me to remove the trees. That’s usually not our our protocol. We usually try to have the manager reach back out and discuss with the landowner. You know, it would have been nice even if he would have came out with an engineer.

00:14:37,070	You know, because when he got there, I’ll I’ll, I’ll be quite honest with you When we got there. We had a really nice discussion. You know, And. I’m not like the contract, but I’m a justice person, You know if you’re gonna apply to me, you’re gonna apply it to everybody.

00:14:51,970	I was thinking Travis went out there with him one time and looked well, one point in time out there to take a look at it, but didn’t necessarily visit with you on site. Um, the aerial photography that we have in the you know, was part of the complaint is very clear is the one the trees were planted and you know you planted them.

00:15:06,430	I mean that’s that’s a given the issue of the others, though. Let me, let me make that very clear. There hasn’t been a complaint. Regarding those other trees. A lot of those trees more than likely were 20 years. They’ve been there for a long time if somebody were to file a complaint against those trees, pardon the expression.

00:15:24,670	It’s not against landowners. The trees don’t belong there or do they belong there? Uh, if they’ve been there for a period of time and record, um this board’s gonna say No. Um, it’s dismissed the complaint. The trees have been there for a while.

00:15:42,630	They’re not obstructing flows, and they do not violate the Ah Storm water management plan. These are new trees. So. Why. Why would Why would all those bigger trees? Restrict flow less well than they were there when the flat was established, though that was already at at that’s that’s the existing conveyance. Now. If, You move forward, You may add more trees that’s reducing the conveyance.

00:16:03,970	Does that make so So let me put it if if you want to call him grandfathered. They were there before they’re fine. What. What does what does retain mean? Well, let me follow the the storm water easements there for conveyance. And. Also it ponds. Water. That’s you’re not answering my question.

00:16:26,430	I know I am Give me a minute, um, behind each culvert, there’ll be a certain amount of water that will be stored or retained during large flood events. In other words when you develop detail or detained, technically, Yeah. Behind each culvert for a reason for it to control flows that are increased by the development. So. It’s a combination easement that’s there. But that easement.

00:16:46,770	That’s Why, he said, Um The conveyance portion is what’s being impacted, and it’s being acted on by this board because of the complaint, so to help me out because you didn’t answer the question, what what is what is what’s the definition of that? Retain or detainment? Because to me? It’s to hold Right Basically.

00:17:07,570	You’re holding water behind the culvert so that the flows are not increased downstream temporarily temporarily held. We’ve got so why in the world would these little poplars Present an issue. There’s already something there to hold the water back. Let me back up that easement is for conveyance, which is the flow of water.

00:17:29,630	That’s separate from detaining or retaining that water for actually detaining because it’s temporarily stored. What I’m saying is you you understand what I’m saying? There’s already a structure that structured there to slow and hold the water back? No, you have to let the water flow through the system. But. There’s the road there, right.

00:17:49,230	The road is to hold the water behind the road and control the flows cases more cases or in case it really kind of Highway department. Part of what we look at is when trees are poured into a conveyance structure it snow piles up and when the snow piles up that affects the conveyance, so that’s why we do not want trees

00:18:05,900	in a conveyance storm water easement because it does affect it all year round, not just in July, So that’s part of what what We look at and tree rows. I in an individual tree. Is one thing, but when there’s tree rows or rows of bushes that really affects that, so then it gets to the point.

00:18:25,670	Everything’s all the snows in there, it ices up. Jams up. Water goes, starts affecting upstream land. Landowners, then a lot of times we have to go in there and start blowing everything out and in the trying to blow it out.

00:18:48,970	The trees are in the way, so it’s a It’s a multi step hindrance, especially winter spring spring, so no it it does not matter. A small tree becomes an adult tree trying to make that argument does not work and a Bush can do it, too. Rosa Bushs absolutely do it. We don’t want either. We don’t want either end so Culverts that have people are listening on sure.

00:19:08,470	So the culverts that have, like un mowed grass. They. They accumulate a lot of snow. Right? Um, there that that culvert that’s west of me. Never gets mode. In his full of snow. So. So, So, I Guess. Yeah, please. So it grass. Exists in multiple lengths throughout the county.

00:19:36,200	It is not eight inches grass that’s not written in there. Grass is something we live with at multiple heights. Grass does not affect things and does not affect snow in the way Ro Bush rose and tree Rose do. That’s one of those things we just have to deal with. Let’s do there because we we can’t say it has to be exactly this.

00:19:55,100	You have to play within the balance and we said, OK, the grass links is a balance. We’ll live with tree rows. Entry and Bush rose or no, because it impacts so much more on a bigger scale and impacts it negatively is why the the other thing only had two KC and michael was for trees in in that flow, achievement it it it

00:20:14,300	greatly reduces your ability to do maintenance on that channel, if if in the future you got debris and sediment that’s built up and you lost that conveyance. You can’t go in there and work that that that channel if you’ve got trees growing in there, there’s people online.

00:20:31,770	It’s just when you listen to these somebody from the Yeah, it’s crazy if you wanna talk Yeah. So I have My only question is they were gonna put state your name, please. Sorry, Dave H. They were gonna put a culvert thing in there. Strange thing the neighbor before the other LA neighbor moved.

00:20:51,770	Now, if there is a big, you know, He was gonna dig it in. And would that have helped for the moisture to go through there? It’s like 8 ft of sand on there and where he planted the trees. Mine died down there.

00:21:07,770	So, eventually his are gonna die anyway, you know, so that I’m just saying I had hundreds of trees died down there because they had too much alkaline because the guy worked the land. The guy that complained too much to people before so, But Damien was gonna put a big culvert in there so that the drainage would have went through even faster because there’s 8 ft. Because.

00:21:24,300	The W would stand there which you can’t do under the drainage or the storm Water management plan. You can’t put more. That’s a county roadway township roadway that would not be allowed Casey’s coming up to say as well. OK, and that’s why going back to the retention actually, its detention.

00:21:42,430	That’s why that culvert is sized the way it is so that the water can basically pond behind there to reduce the peak flows downstream so you don’t have 20 or 2025 years or whatever. And there was three little car culverts before and they didn’t They didn’t do nothing. So.

00:21:56,930	They put the bigger one in right, so that’s what’s there now as a balance as part of the management plan, and there’s you know, putting in a larger culvert is not going to happen. Yeah, And. Then before he bought the property. The guy that moved for a culvert in his yard that brings all that water from the other side now in from his yard into that drainage, too. It should have been coming through the yard this way. If, you take an overview of it.

00:22:12,970	You can see it like this lands up here. This lands down here. His Driveway was here to contain it. And then he put a big culvert in his yard And I don’t know if that was supposed to be there because that water should have been shooting through the other direction.

00:22:26,530	I mean, then That’s why? I think my trees died because he he before he moved in, He put another culvert there. It’s Now. There’s twice as much water coming in because that’s coming from all the top land, and that’s not something that we we’ve looked at. I understand? You can look at that. Sometimes. I mean, But.

00:22:42,900	There’s 8 ft of sand there so that the waters saturates fast. It leaches and P puddles fast and leaches fast. That’s why I think the tree is even if even if you didn’t remove the trees, I think some of them are going to die anyway, because it just the way the soil is, you know

00:22:59,370	you and thank you at this point. I mean, I guess. Really. I mean it comes down to This is probably one of those issues that if you walked out if you were walking your dog, you would walk by and you would say. Really like this. This is what we were.

00:23:17,070	This is what we This was the argument. Like This looks like A big nothing. You know, even when these trees are 50 years old, they’re not going to block any of these of this water. They’re just not. Yes. They will. Sorry. I’ll go. That’s great. That’s an opinion. But. I mean common sense, you know.

00:23:36,500	But M me as a landowner, I You know if I need to take those those trees out. So. You know that’s that’s I. Then. I have to then then, but then that code Needs to be applied to everybody equally. And that only you can complain if we get a complaint from a land owner.

00:23:53,400	That’s that you know what, But here’s the thing. That code never says that, but that’s our role as this board is, is we We review Those complaints if we don’t have a good rule, right? I I’m just looking at this from just from a legal point of view, it’s got to be applied equally.

00:24:12,030	It doesn’t have an exemption to be applied to rick only It just doesn’t I think it would be applied equally if we got a complaint, and there were newly planted trees well, and you know, and what happens if what happens if You do get what happens if you do get a complaint. We’ll We’ll address it.

00:24:33,470	That’s what we do, but see that I mean this sets a bad precedent. This is just this is way over Reach. This is way way over each Um, Chair. I have probably for michael. So I don’t know the structures downstream. Uh, culverts. Is That.

00:24:58,770	What? OK, and, uh, so they have a de design discharge at a at a certain amount of head. So does that conveyance channel with his mature trees restrict the flow. And. Reduce that design capacity. It does not change the capacity of the roadway, but it restricts the flow of the water in the easement getting to that roadway, so those trees when they grow up right now, they’re probably not causing much of an

00:25:22,600	issue because you know there are little sticks in the in the ground, so to speak, But when they grow up, they will act as an as an obstruction. Which is why, when this board receives a complaint of that type of activity, um they will act on it, And that’s the action that they took was to have those

00:25:39,170	trees removed if your neighbors were to decide to plant In that easement and somebody complained about them. Um, the board doesn’t go looking for these things. Mind, you and somebody complained about them, They would act on them accordingly. And they would they would enforce they would enforce it the same way.

00:25:59,300	My, you know, simple logic tells me that if if the T if those trees present a mosquito issue Then all the trees presented this. This is not about mosquitoes. It’s about the obstruction of flow. I’m just simply saying, you know the complainants that filed it. I. I don’t think there was a worry about mosquitoes in the complaint that he filed.

00:26:15,300	I’m, just saying what was communicated to me? Sure? Um IIIII. I Just take him at his word. Um Uh, So. I. Guess. That’s That’s it, Um let me know, but I, that’s my before those trees is it has to be applied.

00:26:38,530	Equally Has to Because or or just show me where it says this unwritten rule. And and show me words in state code. That that are, uh, that It won’t be. This won’t be addressed until a complaint comes in. This might be a customary rule right? But where’s it written? I’m Sure, I’m guessing It’s silent on it.

00:27:04,070	And the statute the Yes, Mr Chair, Mr beam and I talked briefly and I referred to Comm. Jones who couldn’t be here today. But what was before the board last year was this issue and the board looked at it, um, and determined that the trees had to be removed. And. Then. The board gave notice.

00:27:24,100	Um to you, Mr Baim that said Here’s the board’s decision about 30 days by which to appeal. Um and Said I believe remove the trees by April. Uh, the spring came along and the weather has been you just couldn’t get out there. So the board directed me to send a letter to say we don’t you don’t need to move them by April, move them by May.

00:27:43,000	That I’ll just echo what the Chair and mike guns has said, too, the way the board works is that they will act on a complaint that comes before the board. They. Don’t go looking for different projects.

00:28:00,430	They’re all sorts of things out there in the world in our jurisdiction in our county, But that isn’t the something the board does. The board is required by law to look at a complaint, which actually has to be filed with the board. That has to be filed right now. The only complaint has been filed one complaint in this issue.

00:28:21,770	The board acted upon that single complaint, given the circumstances that were presented, the board doesn’t extrapolate and say in another area this may well does this does this seem to be Uh, And. I don’t know how II I don’t really have a AAA I. I. To be honest with you. I don’t really know the complaint and at all. I don’t I don’t have any interact.

00:28:41,570	I have no previous only met him. The one time I talked to him. Uh, But. Does. This not seem like a a trivial neighborly. Thing to you, you know, And and but that could be turned on that could be turned on any of my neighbors. That’s Why. That’s My.

00:29:07,630	My Whole thing Here is You can’t That’s That’s why It has to be applied because otherwise you can allow these little vendetta and they they they use these unwritten rules. I. I didn’t simply asking. You know justice. I mean it has to be applied equally. You can’t simply Say.

00:29:29,030	You know what? We’re this? You know if you’re going, you know, use the analogy of going through a red light. You know what? That going through a red lights not is is is is you can’t do that. But we’re only good, but it’s only gonna be a problem if somebody complains. Uh, no, that doesn’t that you know, it’s either it’s either it’s either A Yes, it’s It’s appropriate or no, It’s not And.

00:29:48,400	I’ll gladly pull those trees out. If I I need to But. There’s a bigger issue here. OK? Um So you might. I mean I. One suggestion. We don’t have any zoning authority or or establish ability to establish ordinances if you want to take it further up the chain of command.

00:30:08,200	That’s great, um, we’re acting as we see fit as we see appropriate for our board. This is our direction. This is what we’ve been given, you know, authority to do is is addressed to the complaints and I get it, You know, like I say, um if if the If those, you know, make the existing detainment.

00:30:28,830	Detain water. Um I, I guess. That’s That’s using the What’s there to I mean it’s trying to make use of what’s there. You know I’m trying to get we’re trying to get the water you, you know, let’s grow. Let’s make the the area beautiful.

00:30:53,970	Instead of You know, I, if if cutting down trees is is beauty That. That’s diff that differs from mine. I Guess I. I think, Let’s take the water out of the ground. Get it up into the tree stems. Get it out in the environment. And and turn the area green. Um and still at the water flow through. It’s you know, flow right through it.

00:31:11,570	Just don’t work together that way trees and what flow into water doesn’t work very well. Um well, I appreciate your time. Thank you. Casey. Do you have something else You wanted to add. Just, part of the history in the area. The subdivision that’s located south of where they’re at.

00:31:34,030	That was done prior to the storm Water ordinance being in effect, so there’s no drainage easement to the South. This Subdivision was done once the stormwater ordinance was in effect, so easements were able to be established the areas downstream. We have numerous problems with roadways and drainage going through their over the years.

00:31:55,500	We’re out there more times than, uh, Her board probably wants us to be on on parts, but we we have looked at the fage and a lot of it comes down to stream crossing standards and everybody detains a little bit of water. So the person downstream doesn’t Get blasted with a whole bunch of water and and it’s it’s a tough balance. I.

00:32:16,700	I don’t disagree on there, but that that’s part of that area that’s up there. Thanks, Casey. I have a question like if he wants to plant tree rivers there. Can he have them just a little further up. Like. I mean there is 50 ft up, or, Yeah. Let me.

00:32:38,100	Let me explain that in my analysis points this out that the trees as they were planted. Across the conveyance and impact or will obstruct with age, obviously more than they do now, Um, if there is a path through there Where. This is the conveyance and the rest is for detention and you can define that for me. Or for this board.

00:32:59,770	There’s an option about planting trees, but the issue is is you need to come in and prove that So where you say, Hey. I’m. I’m actually maintaining the proper conveyance through here, based on the stormwater management plan, which means it takes some analysis the distance to the depth of the channel. Exactly, and there are areas quite honest.

00:33:16,430	I mean it’s not that hurt people you need to channel this big your trees can be this far apart from the center of the channel so he could plant other rows up higher and realistically, this board has dealt with a couple of other Where the drainage easement was rather wide and it was steep on both sides, and this board said

00:33:31,630	you need to leave the conveyance portion open and there were trees planted on the up on the upper if you want to call them the hills for lack of a better way of saying on the upper portions that easement, But, this board needs to look at those things If.

00:33:44,570	The complaint comes in the complaint is going to be addressed. And right now. The. Those trees out. There are an obstruction. I do not see a pure path for that flow of water through there to topographically speaking. I think you’ve you’ve seen it as relative died down there, so I replanted some more and they’re going to die, too. But.

00:34:00,570	There’s too much and I’m OK with that It’s just that I loved them when they were big when they were down there because then I couldn’t see my neighbors it even though I like my neighbors, some of my neighbors, not all my neighbors.

00:34:14,700	I’m married to a psychologist, so I know what’s wrong with me so under she’s a clinical psych so, Yeah, she works with the FBI, so I’m Fully understand. Yeah I. I think the important point for for all the residents, including yourself, who’ve come there. There’s no complaint against anybody else here. Those trees are there if a complaint is filed because of looking at trees, this board’s going to address it.

00:34:32,370	And if those trees obstruct conveyance, they’re going to be removed. So what? Your board should What they should do is just have them make sure that if he wants to move a tree real higher up, then he can just plant more tree grows higher.

00:34:45,300	In essence, um, provide a proposal as to where the trees are going to be and how they do not obstruct the conveyance. And. There’s the opportunity. Simple simple solution to a simple, some somewhat simple problem. Right. All, Right. Thanks. Thank you. OK? You. Right? Let’s, uh, finish up drainage permits and complaints here with go to grass. Lake. Um Michaels are update this morning on grass lake.

00:35:07,030	Yeah you have in your packet. A. Couple of pages. Um, Obviously, this complaint started a long time ago. The original drainage was done in 1997. There was a subsequent complaint in 2002 by Mr Cash in that’s in your packet.

00:35:27,430	Um we continue to kind of review the if you wanna call it the old history of, uh, of that particular area. Um, I have a few Names now that I can contact. I did contact carry Backstrand, who was on this board. He didn’t really remember the 97 complaint. Um, he was basically retired when the second one came through.

00:35:46,000	I do have a connection with the North Dakota Historical Society on old Water Commission records to see whether or not there’s something there. I haven’t researched. It spent a lot of time on it. Uh so we’re we continue to look at it. What.

00:36:01,170	I will say, though, um, in looking at the photos looking at the aerials, Uh, there’s obviously been Significant clean out in roger was up there, too, so he saw the clean out. Um Trying to ascertain whether that clean out went above and beyond normal maintenance, which would be deepening and widening, which would require a permit. Um we do have aerial photography in there, Uh, from 13 and 15. I’ve looked at that looked at some cross sections.

00:36:21,470	Um, I’m thinking at some point in time in order to do comparison. Um probably should get up there and actually do some survey. Which is kind of the next step in the process. I was hoping to get more background information as to what the, UM What the state may have done.

00:36:38,330	Um, I know they referred it to NRC SI don’t know that NR CS really dealt with that. Or who would Inter see us? You know dennis me having a an idea in the minutes it talks about the board, contact NR CS and try to determine the elevation of the of the natural.

00:36:53,230	I’m not sure if that was actually ever done and I don’t know dennis does the NR CS look at those types of things So? Yeah. I mean they might have some survey information that would be a informative so you and I can talk about Might be left up there.

00:37:09,830	Pardon the expression to to connect to be through the Bismarck field office would be the first step. OK, um Whether it be Christie? No, but there’s no but, um, the issue anymore is that, um For property rights and, um Whatever rights of the of the landowner. You. Don’t get those without their permission. Know, right? Typically. Um depends if it’s a farm bill. Whatever, right.

00:37:38,170	And, Yeah, I understand where you’re going? Yeah so, but they certainly could have some information. Yeah. And I don’t know Wendy was going to look in her file. And now that it’s 2002. I made nothing. OK I may or may not have something in mind from 2002. I haven’t dug that deep. But.

00:37:54,170	What I’m looking at is the comparative and and Roger and Kathleen and Travis and I all talked about it out there. Um Couple of things. If. It’s drainage. It requires a permit, which is an extensive process.

00:38:12,130	Um, if it’s not drainage, what may be best is to survey it to validate what’s there today, So if something more happens later, then you can go back in and then you’ve got some dated actually. Um, tie things, too, because at this point in time we’re searching for historic records that we can rely on, but may not be as specific as we’d like. So, Mr chair, I’ll. I’ll, Just add. I agree with Mike.

00:38:32,030	That we It’s just hard to determine whether the outlet elevation has been manipulated through the work that was done. It was A clean out without having an established elevation. Uh, we don’t know if the clean out went beyond Definition of clean out and actually has, uh Resulted in some lowering of the lake.

00:38:57,630	Uh, my suggestion is that we, uh, approve the expenditure of funds to have, uh, Michael’s shop go up there and and do a baseline. A couple of cross sections and a profile down that channel so that uh and I and have a benchmark there or at least a way to establish an elevation so that we have a baseline going forward.

00:39:18,430	Uh, that may in itself be somewhat establishing an elevation. So. That might be, Uh uh, discussed, but well, at least no, if there’s work beyond this, my fear Is that, um The land owner that has Uh, done some of the Let’s call it clean out. If nothing’s done. He may you know, believe that well, maybe that worked.

00:39:43,700	Let’s go clean out a little more. So. That makes sense. I agree. Was. Was there any way to establish just by looking at the lake and the water surface elevation. Do. You feel that the ordinary high is is Flooring now, Um I think it’s such a dynamic lakes or that ordinary would have to be, Uh, statistical average.

00:40:08,030	Uh, you know, I think, uh, there’s uh, a high water mark probably established in 2011. If. If someone someone were to go out and actually do an investigation on you know the scarring and the all you know tree trees that were inundated. You know, I I suspect you could come up with a high water mark.

00:40:31,100	Uh, but They, probably beyond our your difference, though, right? It’s. It’s a typical Prairie lake that has a fairly high outlet. And. Uh, a lot of years. It’s below that outlet and doesn’t doesn’t flow at all right. And, uh, they’re there.

00:40:54,030	That would be the opportunity to actually lower that outlet in those kind of situations so And. They At a minimum We establish a baseline and and in that it It may actually establish a outlet elevation and and maybe that’s OK. OK a couple of things, Mr. Chair, Um Roger. They perspective out there when you look at it, Topographically speaking. The. The Beach lines are very steep.

00:41:17,570	So I don’t think it’s kind of like, you know, you’re gonna find something that you know a really definitive I. I do feel when we go out with survey just for the sake.

00:41:32,570	They’re there is take some shoreline cross sections just to get an idea what the shoreline looks at near the outlet to get a get a feel for that’s out one of the things we recognized out there, which is rather interesting in the outlet area. It’s a really sandy, gravelly bottom lake. And. There was significant ice shove. Where you can see. It’s like a foot and a half of material that’s just pushed up almost vertically because of the ice.

00:41:52,230	So that’s probably influencing the overflow characteristics in something so clean out right and that’s part of the clean out activity. I’m sure, so Yeah, if we just if we get some baseline information with the ice and you know, Yeah, OK. Yeah.

00:42:08,230	That’s where the elevation of that lake is dynamic in the sense that, uh, that ice can push up a new ice ridge over time and a very short time, Actually In one season You have a new outlet elevation, Uh, the water finally gets high enough, and it doesn’t take much to Each that Sandy UN compacted. Natural Dam and Beavers are working in the area as well.

00:42:27,000	And when there is a flow as a matter of fact, if we did nothing I imagine by September, the Beavers would have found it and and rep plugged it, OK, One Other item is maybe a little bit of long shot is is, uh, lidar. That was there, you know, Um, that’s again. It’s not a very high quality liar. Right.

00:42:45,170	That’s the 1315 information that we have you’ve used that we’ve already used that. I’ve. I’ve done some, um, profiles. I’ve done some cross sections. Looked at it in detail because I was trying to get some chronology on it. And. Then, There’s newer lidar that may be available as well. But. I.

00:43:00,570	Don’t think that’s available till this fall, and that would have been after the action anyway. Right, so that’s why the survey would define that and you looked at the the the outlet area on a pre existing ladder. OK. Thanks.

00:43:16,270	That’s Why we can compare what I want to do is I Want a ground truth, The light our information we have with our actual survey to see if we can do the relative comparison. OK? Alright. We’re on a agreement then to have Houston go out there and do some survey work. Randy. You good with that? Yeah. Yes. I am OK. Thank you OK? Thanks, Michael. Thanks, roger. Uh, any updates this morning on the moonlight Road. Right away. Drainage.

00:43:40,300	I know you was there just real quick on that, and I may be addressed in case you wouldn’t have come up. Um Kathleen visited with the landowner. It’s really a Highway department issue. This is the property that’s been this way for a long period of time. There’s standing water in the in the ditches a little bit.

00:43:56,070	They’re standing water within the property. Um, it’s just the way it it’s always been, so there’s really, um there’s been no complaint filed. It was just a matter of an inquiry of the landowner looking for another path to maybe get something done. So at this point, we may Close it or there’s really nothing to be done.

00:44:11,370	It’s just the way it is so Morning morning. You’re busy this morning. I thought I wouldn’t talk until now, Um So. We went out there we we looked at it again. It’s still the same. We. We once it dries up a little bit. We’ll go out and reshoot the culvert ends again. Just to double check.

00:44:36,800	Um if the landowner wants to build a berm on their property that’s higher to keep water more in the ditch. We have no objection. We We just can’t do it in the right way because I need it for full age for larger storms and snow storage on there, But I mean, we’ll try and work with them

00:44:53,700	where we can on it, but I, that’s where the natural grain goes and all the water flows through there, so it it’s kind of tough to say, Say. He’ll never get water on there, but we we did not upsize the culvert. It’s exact same good. Thanks case. The the interesting part of the If. You.

00:45:15,770	Wanna Call it the aerial history. Um, the house was built garage was built to the North. You know, detached garage and it it looks lower and then topographically speaking, there was another building built to the north of that which obviously is lower yet, So if you have a water standing water issue, you kind

00:45:34,070	of built into it. So OK? Right? All. Right. Thanks everybody. Then I will go ahead and move on to go Jump back up to McDowell Dam this morning item number five, Randy. Oh, yes, Yes. I believe we can. Yeah, yeah. There’s no action, any formal action that he can just go ahead and remove it.

00:45:57,830	Thank you. When Randy. We’ll go ahead and move to McDowell Dam. Yeah, Uh, first item. On. The agenda for McDowell Dam has to do with the budget and The park district. Starts there budget cycle early as we know, and, uh So Dave and I Have been in discussions and, um So.

00:46:28,370	We wanted to bring some of these items to the board at this point. Um, uh, some of the normal things that again for this for 2025 would be, um addition to the sand and and paddle boat replacement.

00:46:52,330	But, um We also have a new playground that we would like to run by the board and see if they if they are in agreement with with moving forward with this, I think that price on that is about 100 and 20,000. If. That’s if that’s too much Um then we then we could back off that and then we’d like to look at a new shelter out there. But if, uh If. Dave Meyer is there.

00:47:10,030	I? Guess? I’d call on him now to give you give you a little, uh, further explanation if if he’s if he is present. Yes he is here. Thanks, Randi. Morning, Dave. Good Morning. Thank you. Manager vinegar. Uh, Well. He gave a good intro intro into it, Uh, as UH, manager Egar had said.

00:47:30,230	We discussed As we did last year we talked about, uh, creating some sort of a capital improvement plan for for McDowell Dam and trying to take One thing out of equipment one thing out of a project and one thing out of, uh, kind of checking the boxes and and attacking the three main.

00:47:49,430	The three main legs of the stool, uh, for improvements, equipment and then addressing the ex, uh, accessibility audit that was done. Um Couple things that, uh, manager Bear and I talked about, uh, as he mentioned was The second lift of sand, Um, which is In relative terms a small project compared to the other project that, uh, that he identified or that we had identified, Um This year.

00:48:12,370	We plan to put three inches of sand. Uh, on the the, uh, the beach area and then next year, an additional three inches, uh, which would give us the six inches that we had talked about in the capital improvement plan and take that off the list? Completely, uh, maybe something that obviously has to come back

00:48:26,870	around every once in a while because somehow it disappears. Um So, um The next thing that was on the list, and they were prioritized if you remember in the draft plan.

00:48:45,430	I have a copy that I could put up if we wanna talk about that and go down the list, But the next thing that we talked about was creating a an additional playground between shelters three and four. And. I have actually a graphic that was in. Oddly enough. This was talked about back in 2012 2013. I. Don’t know, I, remember, I Guess I. I was before my time with the park district, So.

00:49:03,200	I’m not sure if, um forgive me and if there were people that were on the board back then 2012 No. So. I can put this up just for reference. Yeah, it’d be good to see that. So. This was a concept that was worked up by our park planner and my predecessor, and Mr Robin.

00:49:26,970	Actually, it was before david was out there. Um In between three and four, adding a playground with a swing set and a sidewalk that would connect the playground to the trail. And to the parking lot. Um Of course Those numbers are pre covid, so they were considerably less, uh and with inflation. We are comfortable.

00:49:55,900	With this project and this is Just the concept something Nautical, you know to kind of have a theme to it, Um, be kind of creative and and playful with it with it being next to the the Reservoir. Um But Comfortable with about a number of about 100 and 20 to $130,000 for all of this, it’d get us the playground.

00:50:15,330	I engineered wood fiber, the curb that goes around it to retain the engineered wood fiber. The sidewalk, the ramp everything. Um nuts and bolts. All of it, Uh, the nice thing about this project is that it would fair very well with the garrison Diversion Conservancy district Grant application and that’s a 25%.

00:50:37,230	Um, can’t guarantee you that we would get it but it it would. It would, uh, check quite a few of the boxes with that grant application, so if it was budgeted in 25 is something that we can go after, Uh and apply for For this project. Um As Mr Benger said. It is it is a big ticket.

00:50:59,430	Um if the board is not If, if if the board doesn’t feel that we can budget for that amount at this time, one of the other projects that we had identified was adding a new shelter to the area over by the the little playing field or softball field or Whiffle ball field or however you want to see it, Um

00:51:20,330	so we could increase, um, usage. Uh, We had requested from a manufacturer, a quote it takes two weeks to get that quote back. Uh, we haven’t got it got, uh, received that yet. Uh, but We’re looking Preliminarily, Uh, when we did that capital improvement plan we were talking about that being somewhere between 50 70,000.

00:51:42,200	I think The upper end of that If we included the shelter the concrete and then getting electrical to it. I. Think 70 to 80,000 would be really a safe bet. So that would be a fallback for the next project to step down if we didn’t want to do the playground at this time for 25.

00:51:59,900	OK, but I just wanted to throw all those options out there. The third leg of that stool. Is like we talked about would be the access audit or what we’re calling in the park district is after we created the access audit.

00:52:18,030	We went through and we reanalyzed everything put applied values to that and in prior or prior prioritizing those things. Uh, in identifying The types of projects that he and the next 3 to 5 years.

00:52:37,900	We can we should do these and then the larger projects and plan out and we applied that same that same rule if you will to, um to McDowell dam in those projects, the major thing that comes up with McDowell Dam Are the the bathhouse. And, the the bathroom out by a shelter stream for There are a lot of small things in those two structures that are not accessible that were identified. It’s my rec. My recommendation is that we look at hiring a an architect.

00:53:04,070	To evaluate the audit in relation to the building and do an on site and say OK, Yes. There are all these things that are identified and I agree with those But. Can. The building be modified to meet all that, or do we need Can we renovate, essentially or do we have to replace Meet Today’s standards.

00:53:23,070	Um, I did ask and I I thought, OK. We can’t just jump into a building. We need to know what some of those costs are in plan out. Realistically, if we do have to replace, um So.

00:53:38,070	I did reach out to an architect and just kind of, uh, bent his ear a little bit about what a study might cost for them to evaluate that, and they thought it would only be you know, 2 to $3000 to do it. So, I thought. Well. Is that really two things, you know, not that you guys have An endless supply of of money. But. Is that something that could be even a could be Done this year.

00:53:59,370	And doesn’t need to be a budget item for 25. So I wanted to throw that out there as that third leg is something that we could do You know, Uh, David, um, has been going through and we’ve been addressing the things that we can do the like.

00:54:12,930	We always call them the the low hanging fruit adjusting a toilet paper dispenser, adjusting the poles on the door handles that kind of stuff. Um, taking care of those Easier things that are make it simple. For now, um But, those larger things that that need to be a or that were identified and need to be addressed. Um I. Think need to have an an analysis by an architect to say.

00:54:30,930	Is. Is it a renovate or is it a replace? Um so That kind of in a roundabout way would be the the third leg of that stool. Um, but maybe something that could be attacked this year. Okay? Randy. Any thoughts on what Dave was walking us through there.

00:54:50,670	I mean, it makes makes a lot of sense. I mean regarding that 2 to 3000. I think that’s something we could certainly approve for this year to kind of keep things moving forward and give us a better plan in place to how we’re gonna make some of these Changes, Uh, Randy any thoughts there? Yeah, yeah. If.

00:55:09,400	That’s OK with the board. I certainly think we should We should move ahead with that. Architectural evaluation immediately, but, uh, would like to Get some thoughts of the board as far as available available funding for that new playground.

00:55:35,500	You know it’s just a a premier type out there, and, uh, I if you know if you’re not making if you’re not making some progress and in moving some things forward, then then you’re falling behind. And so if, uh, just I like to get some thoughts as far as moving ahead with the playground at that price tag, if that if that Any support from the board. I certainly would like to see it move forward. So once again, Dave.

00:55:56,270	You were saying likely we could do the playground or that other shelter by the Stop all diamond, right? Correct. Those are. Those are two projects identified in the capital improvement plan, and I just As.

00:56:11,500	Randy and I were talking We didn’t know the you know, kind of what sort of an appetite the board would have. So. I thought we could discuss one or the other. I mean? Obviously in the future. It’d be nice to do all of it.

00:56:27,470	Um, but is it This the playground now or the shelter now or you know either either way, and if we did get 25% grant for the for the shelter that would put it probably close in line with the same cost as the For, the playground for the playground. Yeah, yeah. OK, Um do you guys have any thoughts on I mean Playground day would be Better received than the than that shelter. That’s kind of my thought.

00:56:46,670	I would think that that would you know, you see people out there they seem to gravitate to those Playground areas and that that is what as prioritized in the capital improvement plan that we had drafted out that was higher up than the shelter was. So. What’s the timeline to apply to the garrison diversion to get An answer on that.

00:57:04,170	Is that something you do preemptively here without It in the budget or I think this year’s This year has already passed. Um, so it would be next year and I believe the application time. I don’t know off the top of my head I. I don’t know that they do two rounds.

00:57:26,570	Um, typically the round that we apply for is in the spring, and I think it’s it’s already passed. If I remember correctly because I think that’s in March, But I’m with Dave. I think that this falls right in line with typically what we’ll see. And, Yeah. I think we got a pretty good chance of proceed with it and in the budgeting process. Okay? You land.

00:57:45,270	There ain’t a consensus. Roger. I’m I’m in good. Yes, Yes. I mean Keep in mind. It’s a part of the bigger budgeting process that we go through, and so depending on how that plays out, there’s potential that it’s a at risk, but absolutely Yep. Like I said. That’s just, you know, or Had been stated earlier.

00:58:06,100	The the park district, we We, uh We start our budgeting process early, so I kind of make some assumptions and Some hopes and dreams for McDowell Dam’s budget and then, uh, Uh, if we need to dial back because we can never go up. We can always go down as we once it’s been presented.

00:58:23,600	So as you guys are all very well aware, uh so we wanted to start with that. And then if we need to dial back, we can so The, Uh, parking lot. Is that getting repaved this year is that the that is receiving a chip seal and that’s through the county’s bid. And as far as I know, that’s I.

00:58:42,400	Guess. Casey, Do. You know when that is happening. August. July August. OK. So so, July August And. Then I recalled that there were some issues with the Kind of snack house and maybe some of, you know, cooling and I don’t know there were some thoughts of doing some replacement and projects there

00:59:01,770	as well. That seem to be kind of high end on the priority list just for general comfort and use of that building and Yeah, correct. One of one of the projects that was identified in that capital improvement plan was replacement expansion modification of the rental shack and, you know, and maybe at some point, That’s another

00:59:23,830	project that we need to get an architect in the architect to to do a do a little, uh, concept in and and you know if we can program it out as to what we want to do in there what we want to store in there and how we want it to function.

00:59:35,930	Uh then we can You know, pin down a dollar amount what we have in the capital improvement plan is A pretty big Range right now, because we don’t exactly know what some costs would be and what all would fit and what all we could build. Yeah, so there’s there’s a lot of variables. All right.

00:59:56,430	Anything else for Dave Randy. Not unless you have any other updates. Dave on the lake. Uh, just an update for the, uh, the property itself. Uh, Mr Robinson plans to start putting the docs in on Friday. Um People are out there swimming right now because a beautiful weekend. So. Hopefully they wearing wetsuits.

01:00:22,630	It might be kind of cold. There’s a. Is it a triathlon coming up here. I Think there is one coming up, so there are a lot of people that are training for the open water segment. Yeah, Yeah, very cool. Literally. Thank you all right? Thanks, Dave. Thanks, Dave. Anything else on McDowell, dan this morning.

01:00:40,770	You want to move on to the supplemental water supply. Yeah. Uh so negotiations are continuing with the two landowners. The ones who to the north. We’ve heard of that as the Anderson and the one to the south, the Southern Cross. I do have I do have, uh, we’ll call the proposal for the Southern cross.

01:01:03,770	I would like to bring to the board. Um And, the the Northern ease with the Anderson one. He has requested a copy of The agreement language.

01:01:27,770	Um, so I would like to provide would like to provide them that, but I think I think it’s time for us to, um Sit down and have a have a special or executive meeting on this to actually discuss discuss these these offers in a little more detail and potential next steps. So, um, suggesting that we, um, we set up A special meeting. Uh, that we can do, you know, via zoom. Um within the next week or so and meet the meet the announcement requirements.

01:01:58,270	Um, the posting requirements and just do this in a with a with a special meeting. OK, one hour we know we are having our May 20th hearing here in this room, if if we’d be able to close that and move into that meeting, maybe that’s something we could We have plenty of time to be

01:02:12,730	able to post that. Yeah. That would be fine, Mr Chair. OK, you’re gonna suggest the same thing. Yeah? Yeah started at eight started before. There, you go. Yeah, because I think 830 is our hearing, right? So? Does that work for you, randy. Roger what? What Day be Monday may 20th So.

01:02:30,300	We have our hearing our continuance of our hearing for Sibley Island That’s starting at 830 the only argument about that and Mr Chair is you’ve got 30 minutes and you’ll have people that will come early. Possibly, So you’re gonna have to close the doors and keep them out. Where do we start at 730? Whatever.

01:02:46,300	I mean that’s just before two. It is just reasonable notice, you know, to give the notice you could do it prior to the actual hearing. Right. I’m just saying from a the timeline perspective if the hearings at 830 people start showing up at 815 you get the door closed and you’re in here talking.

01:03:02,870	And yeah, and if it takes longer, they’re not gonna be happy because you have to stop, so the intent is for it to be open meeting, not a special executive session. Is that right in executive session where we think OK my bad. Sorry. That’s Yeah, That’s why I said it otherwise it was an open meeting.

01:03:18,300	It wouldn’t matter so So. It’s hard to be posted. If. We don’t know what time the hearing is gonna end, right? Yeah. Yeah. I would prefer it not be that weak. OK II. I will be in South Carolina. OK? We can, uh If. You take a look at some schedules and see what works.

01:03:49,300	What is that? What is next next Tuesday morning and look for most people. Um, that would work for me. 14th 14th. Yeah. Through 830. Sure. Michael, That’s on Zoom. Yeah. That’ll work. Yep, OK. Yeah. We can just do a teams call. When. Do you be able to or you want me to. OK, I’ll do that. OK. We’ll do 830 Tuesday. The 14th.

01:04:24,500	Be teams calling and being executive session. Discuss the McDonald Amusements. Perfect. Ok. Thank you, ma. Um And, uh, Moving on from that I would like to. I really would like to emphasize to, uh To Houston that Be. Nice to get that simulation data completed.

01:04:55,730	Um as soon as possible before before we start making any decisions or citing any easements up, there would be it would be really, really great to have that. Yeah, we we’ve now started that process internally on the Spreadsheeting, Um, still gathering a little bit of data in the background, but we have started Um Plugging numbers, so don’t know when we’ll get the results, But, we have started

01:05:13,230	the process. OK all right, awesome and then just moving moving things along. Um Houston is also looking at putting together an estimate for the emergency spillway Bank Stabilization project to address that erosion that we noted there, uh, AAA year or so ago. Now.

01:05:40,930	Um, if that dollar amount is below The requirement for for going through the bidding process. We’d we’d like to just move ahead and complete that work. Um, if you know if not, then we will.

01:05:58,500	We would proceed to the bidding project, But, um I? I don’t know if Travis is there or Michael, You want to comment any further on that? Yeah, We’re, uh, already getting this survey crews out to pick things up. It’s a smaller survey in between. We’ll pick that up, and we’ll put some cost to it and then come back with a recommendation. Um Permitting and otherwise it it’s gonna take a little bit because you got prior permits out there with the core.

01:06:13,500	Uh, but I don’t think it’s gonna be a large project, so I think you could just receive quotes? That’s my first impression at this point, $200,000, I think is the limit and it’s It’s gonna be below that. OK. I got a question on that.

01:06:33,000	So is that a and I’m talking about it from a engineering and dam safety perspective that really doesn’t pose a risk in my mind to the safety of the dam, And yet where it’s, uh, it’s a protection and it’s probably a a safety thing for for people on the trail. Um Right. Part of that trail has been washed out before because of that, and it’s been relocated, according to Travis.

01:06:51,300	And, you know, Dave wants to address that as well. And then, uh, you know, it’s just it’s in the location of the emergency spillway. But again. It’s a. It’s more of the trail perspective as well, and it’s a It’s a smaller project is to prevent things from getting worse.

01:07:05,870	Yeah, no, and I say it because it’s it is in the inlet of the emergency, so it’s really it’s not flowing water. In that situation. It’s stagnant water and it’s um But I. I. Do get it if it’s a safety thing for the trail or protecting the trail itself, which which is good, right? Just wanted to give that up, OK? Thank you.

01:07:26,030	All right? Anything else this morning on Mcdow Dam. No. That’s all I have. Thanks, Randy. We can move on to financial reports this morning manager Mr Chair board members on pages seven and eight. The balance sheet. As of April 30. I will go through. There’s some, um Some noteworthy items on that balance sheet.

01:07:50,170	Um, first of all, uh, I’ll just start with the starting balance of $2,460,380.40 in the, uh In. The. The checking account. Um We had bills paid of 100 and $83,619.60 today, And I say that, um Prior month’s bills were about 109,000 and change.

01:08:23,800	Um, what happened is that there was a um Fox island bond payment that happened by automatic withdrawal that happened. Um, I. Wanna say April 30? And, um, that got into this balance sheet and so That extra 73,000 bond payment, You know, you know, principal and interest is calculated into that amount. Um, and additionally we did purchase C DS on April 12.

01:08:50,300	Um, those ended up coming all out of our checking account. Um, even though we we asked, we split it. Um So, uh, that figures into the ending balance that has shown on your balance sheet as as well, Um, you know, get to that In a moment we had income in the amount of 29,006 $768.66 that included real estate tax.

01:09:15,600	State Aid Uh McDowell dam income of $990 and then special assessments collected in the amount of, uh, just over $10,000 that went to various projects. So, uh, shown on your balance sheet. We have a a balance of $6531 in our checking account. Um When.

01:09:39,100	Do you realize that And when we did call the bank on May 2nd and and transferred $1 million from our our savings. Our Reserve balance account back into checking so that balanced as it is, today is approximately $1 billion greater than what’s shown on our balance sheet. So Out of that 1.7 million that’s in the savings. Is that what that is? Yes. OK? Yeah reserve funds? Yep OK Right Chair.

01:10:02,500	The $1 million should have come originally come out of the reserve fund. That’s right. I know we had that discussion last month. Yeah. All right, Thank you. Um So. Uh, our reserve on balance is currently at Uh $1,700,392.62. Um are a total assets are are at $4,016,887.

01:10:31,830	81, and we do have those five different C DS, which I I shared with the board via hard copy here before the meeting. Um With that I would Unless. There are questions. I move for approval as presented. A second. You get a motion by Manager Reap and a second by manager binegar to accept this month’s balance sheet. When. You take roll Call Vote, please. Manager? Yes. Manager. Yes. Andrew Bear.

01:11:00,830	Yes Chair Langer, Yes motion passes and balance sheet is accepted. Similarly on pages nine and 10 are the profit and loss. Um, sheet and the, uh, year to date profit and loss versus of budget versus actual sheet, Um, gone through those they appeared to be in order. I’d moved for approval as presented.

01:11:22,500	I second A motion by manager Ree second by manager Smith to approve this month’s profit and loss statement. When do you take roll call, please. Yes. Sandra re Yes. Manager Bear Yeah. Carolina Burger. Yes motion passes, private losses accepted. Moving on to item C there just investment strategy just as kind of a summary Like. I said.

01:11:45,470	I shared a hard copy with board members of the C DS that we have They have maturity dates. 1, July, 12th 2 or October 12th of this year and two of them are April 12th of 2025. So you have those in front of you? Um if there’s any, I don’t think there’s any discussion beyond that. But.

01:12:03,700	If there’s any questions we can certainly Ask and Randy. I think we can get you a hard copy of this as well. Awesome. Thank you. I guess maybe before I. Get off that one more thing is that, um, I? I think we verified that they will be, um Interest will be credited to our account upon maturity.

01:12:27,100	Otherwise, we’d see some pretty significant interest amounts coming in on a monthly basis, but I do believe they’re on maturity. OK? So, you know that. Thanks, dennis. And. Then we added item D budgeting just dawned on me this morning that we are getting close to the county budgeting process typically have a hearing in mid June and so, um, to get ahead of the

01:12:49,600	game. I like to kind of establish a working committee to develop the budget for 2025. Yes, um so I would suggest myself on that, um, Chair has been involved in the past and then work with Wendy. It’s the Census station from others, OK? It was like Roger shaking his head. Randy.

01:13:10,870	You’re good with that. Absolutely OK, great. OK. We will move forward with that. OK anything else on financial reports this morning. OK? You’re nothing we can move on to projects this morning. Simply island. Mr Chair. I’ll start mike can fill in just as we all probably are aware of, Uh, we had our April 25th public hearing.

01:13:36,900	Um, I thought it was pretty well attended. There’s some information, the presentation and and typical answer. Question and answers are in your packet. Um, as a result of the the snafu with with the Tribune. We are required to extend our hearing May 20th next the Monday morning at 830 In this room.

01:13:58,900	We’ll extend that hearing and close the hearing. Uh, after that. The vote deadline subsequently has been extended to June 20. Um Taking a few calls. Apparently the the information was resent out with that. The new dates and apparently people got them, Um Monday. Um, because we’ve received quite a few calls.

01:14:22,630	Um, both I’ve invited and I know mike did a couple as well. So. Um, I expect some people to attend on May 20 Um So we’ll see. Yeah, just as background information kind. As dennis pointed out. We’ve received a number of calls answered some questions sent on some emails.

01:14:41,870	Um, had a couple of issues come up where, um some particular individual passed away. So. We got the new address of the new person who bought the home and send that information out. Just, you know people are telling us what’s going on down there, Which is really nice.

01:14:56,730	Um The other aspect of it is is, um, I was looking at creating a summary of the public hearing and adding some of the questions and answers that occurred at the prior public hearing. But in the consideration of process. I did not do that, because the public hearing is not technically closed, so I shouldn’t be adding anything that wasn’t available during the first one so there but there will be a summary of the meetings.

01:15:14,870	Um after the, uh, final closure of the public hearing, so Thanks, michael. Thanks, dennis Anything else on Sibley Island this morning. If not we can move on to Hogue Island this morning, Randi, Any updates? That’s something changed in the last couple of days.

01:15:36,700	We have not gotten to the seating process up here because it’s just too wet. And, uh, but that will proceed once it dries out, and then as far as, uh The easement revisions and the State Water Commission cost share request. I’ll I’ll ask Michael To. Give us An update.

01:15:57,070	Yeah, I th I think on all that stuff we’re going to try and process everything at the same point in time. Uh, we’re preparing a final, uh, payment request for Bowman for a number of different reasons that final payment request is going to be based on plan. Quantity, So that’ll all be prepared and ready.

01:16:12,430	So the minute he’s done, Uh, we can close that out, and then we’ll start closing out all the other, uh, cost aspects. Uh, to that project and then obviously the consideration beyond that the easements. We’ve done some preliminary work relative to the lay. The easements need to visit with Dave on the language of those easements and how those would get changed from what’s currently out there.

01:16:32,830	Uh and then obviously the consideration of the application for bonds. Right, so that’s kind of the ongoing step. But with all the other things going on in figured he’d do that as a package be a little bit more efficient.

01:16:48,300	So And we will possibly looking at some other funding options, right? But this one or was that first that was for siblings that was for siblings. Siblings. Yeah. That’s right. OK, thank you. OK? All I have is OK? Any questions on Hog Island. Hearing none We can move on to old business this morning. Uh, first item there. Burly County water. The assessment projects, Um, in case any updates on the agreements. Probably not.

01:17:16,500	Um, Michael, I did have a question regarding the annual product inspections being that was spotted for Travis with his moving on. Is there, somebody else you might have to have Casey work with. We’ll have a couple of people. We’ll deal with that, Casey OK? Yeah. We’ll talk, communicate that and get that set up, OK? Uh, Next item.

01:17:36,470	Roger Any updates this morning on the Missouri River joint board, no updates, ok. Policy manual. Not at this point too many other items to work on OK we can move on to new business. Um Missouri River 2024 Ice Jam.

01:17:56,570	If he advisory OK, a couple things on that, Um, we did some initial mapping on the ice GM and then, uh, kind of set it aside for the time being, Uh, because we’re I’m gonna try and combine those a little bit with the Ah, if you want to tackle memo relative to the BFE advisory and the, uh, changes down the road with the increases in base flood elevation that are anticipated.

01:18:13,700	Historically. I did have a conference call with representatives from the Corps of Engineers. Um Um John Ramos and mike Swenson and you know, they basically concur with what we were doing and how we were going about doing it.

01:18:31,370	Uh, we had some discussions on how that information might be presented because of how it’s being done. It’s more of a comparative rather than a a pure simulation. So. Uh but they, uh, concurred that, yes, that’s what’s gonna happen. That’s what’s gonna be occurring out there. So. Um we’re very comfortable with that moving forward. So I’ve updated some of that stuff. I.

01:18:49,470	Just haven’t, uh, got it in presentation to provide it to you. I know the lot. One of the meetings. We talked about that. Like. How. How are we going to present this information outward And, and that was a conversation we had with, Uh uh, Rams and Swenson as to you know, based on their background based on the prior studies, Obviously, we’re reference their prior

01:19:04,400	studies and, uh, there was some questions as to what portions of those studies we were looking at. And so it was a good conversation so very technical related. So, uh, but they were, um Concurrent with where we were going. Any questions on that. OK? Uh, moving on to the burly county, the FA.

01:19:26,870	Application OK on that particular process. We met with mitch Mitch kin chime in here if he wants to, Uh, we went through basically the process of the C MS and the information that’s available. Uh, obviously, it’s going to take a little bit of work to finish out the full application.

01:19:41,800	Uh, the information kind of seeking now from the state is you know how many policies are out there, and I think Mitchell is going to check with Tyler? Uh, how many policies are out there? What’s the value of the policies and, you know losses and those sorts of things.

01:19:59,300	Um, but obviously to complete that full Um, we’ve tossed around internally from the from our standpoint of budgetary process, probably be between 15 and 17,000 to put that together. That’s the first cut. We haven’t refined that, um But. That’s kind of the the aspect of, uh, completing that effort and understanding that that sets up the Maintenance of that effort is obviously a you know, in in Mitch’s court.

01:20:21,870	To take, you know on an annual basis, but it wouldn’t be that much. So there’s a comparative is how much savings is actually involved to the public for for that level of investment. So mitch if I missed anything Uh, well, Yeah. We’re considering joining the CRS program. It’s a big lift.

01:20:43,130	Uh, there’s 7475 responsibilities that the county has to come up with. To. Be part of that, besides their yearly audits and their five year audits from FEMA. And it’s um Three people in the city of Bismarck. Run this program and they’re just going to be me. So.

01:21:05,700	The idea is it’s We want to get on board with the CIS in the proper way? And those many items that we don’t have in place. We don’t have, um Some of the information. Some of the brochures. Some of the the programs and the, uh, agreements that sort of thing.

01:21:25,330	We have to get copies of that, and I and I would like to get with Mike and see if if we can help, uh, contribute to that. I know that mary Singer has some of that information? Um I can’t think of the name of the, uh, emergency manager for the city stalker. I think it was Gary Stocker. He. He probably would, too. But the idea is we want to make this application. An effective one.

01:21:48,170	It’s I did check into the savings if we if we get a ranking of just nine with which is 10 is basically Um, you know, get any rating after 10, But if we got if we received nine, a nine rating it be close to $7000 a year in savings to These, um, insurance. Um, holders.

01:22:11,270	There’s about 2800 properties that are on the, uh Under the insurance right now, I think it’s $2.5 million worth of property. Question of it so 7000 per per property. Per year per per year. Oh for everyone for everyone. And. We are hoping to get a better rating than that.

01:22:34,800	I mean our ordinances and our process are similar to the city of Bismarck. And I think they’re at a seven or an eight. But just to clarify that is 7000 in saving in insurance premiums per annum per per year, but per, uh, property owner, right? No, for all the combined it, they don’t each get a $7000 savings.

01:22:58,830	It’s a total savings of the aggregate savings. The scenario. Um, den is the scenario, as you know is a is a rating scenario and you get so many points for the type of activities that you have, and obviously you can get up a 10% or a 15% discount, depending upon how many points you make.

01:23:15,800	Um it’s easy to get the front end points to some degree and it’s really difficult to step up to the next category to get the next level of discount. So.

01:23:30,700	That’s kind of the, uh, analysis that needs to be looked at is that you know, how do you can you get to the first one? How much additional effort and then, of course. The more effort. You do it kind of. As, mitch pointed out, the more maintenance is required to retain that. Uh, every five years. They come back and do a complete audit and you go through the process in essence over again, So. It’s. It’s something to consider in the overall picture.

01:23:49,570	Um And this this 15,000 to $17,000 budget that for that that for Houston to assist in the process is that something that comes out of our budget or is that something that comes out of the county or is it split or how I if you guys got any thoughts on we split that I don’t know.

01:24:01,400	I’m sure it’s gonna come out of the Burly county budget we, but we’re gonna have to work on that figure because it’s um Yeah. We’re gonna have to, uh, it’ll have to go into the 2025. As proposed, and, uh, sometime in June. They. They start the hearings.

01:24:20,900	And so it’s Um, the idea that, uh, You know we can try to reduce some of those costs to help to reduce some of those costs With with, uh, Michael and his crew. The $7000 savings was a 5%. Across the board across the board. And I would just make a general assumption on a couple of things.

01:24:41,230	Um, first of all reading through the CRS process, and I’ll You know the board’s authorized me to, you know, collaborate with mitch a little bit. I will send the board some background information as to what we’ve got, so you can see where that’s going. Uh, I firmly believe that what takes a little bit of effort, but you probably get to the 10% level.

01:24:55,570	But. I don’t know. Getting beyond the 10% level. That’s problematic because there’s a lot of stuff Burle County is doing. It’s just a matter of document wanting and doing and providing that to FEMA. So.

01:25:11,700	Um I’ll go out on a limb and stick my neck out that if the if you proceed with the CRS process, you’re the target is 10%. Yeah. So what is CRS stand for again Community rating system. So 10% equates to the CRS rating of what 7867. I think it’s a seven. There are a few. There are a few communities in North Dakota. They Fargo and Grand Forks are out of five. But they’re not many after that, Yeah.

01:25:40,970	Thank you all right? Thanks, Mitch. Thanks, michael. Okay, Uh, moving on. We added, Uh, item C in a new business here, the Bismarck water wastewater treatment plant. Ah, there is a meeting on May 22nd to be confirmed that it may 22nd starting at 10 o’clock down at the, uh, water waste water treatment plant offices. Um, it’s preconstruction meeting.

01:26:03,730	It’s to. It’s a wastewater treatment outflow, flood control improvements. Media, um, construction. Um It’s basically backflow preventers from the Missouri River to get back up into the wastewater treatment plant. So. It’s, um, you know, hi balls and and gates. Um We were invited Burly County Water Resource district was abated.

01:26:26,930	Um I don’t know that we have a lot of input into it, but we are invited. And. Just full disclosure. HDR is one of the engineers involved in the design of that and the construction management. So. Um, If we do go. I would prefer not to be there. From, a burly county water board perspective and I. I again.

01:26:45,400	I don’t know that there’s any major issues that we would be have to weigh in on, but Yeah. Um, Mr Chair from this standpoint, as you recall, Um uh Travis did take a look at the plan sets at that point in time because it goes underneath the Fox Island levee system.

01:27:04,300	Um, I don’t know from a expense standpoint that this board would need to necessarily be there during the pre con, though, when the activity is actually occurring at the levee.

01:27:20,930	I think there’d be an opportunity to go out and, you know, observe at least a little bit some of that activity at that piece, and that would that would also those dollars, for example, would occur, Uh Or be charged back to the maintenance of the project. Just for an expense perspective, But. Yeah. I. Don’t think, uh, necessarily need to be at the pre con. There’s a lot of other issues being talked about and extra time.

01:27:35,370	That’s not necessary, but, uh, if the contractor or just pass that along den as a contractor would notify us when they’re actually working on the levy portion, then we can coordinate that. I thought I was gonna ask Dennis me you can pass along that note. I will regarding construction timeline, then the Yeah, I. Don’t.

01:27:48,570	I think I concur? I don’t see really a need to have It was. It was nice that we were notified and kept in the loop. So OK? All, right? Moving on there is some additional correspondence in your packets regarding a temporary water permit. Uh, for knife River. And. As.

01:28:11,270	Always, we can see additional information regarding plants and storm water management plans upon request with wendy the two that are in there for the Flex subdivision and the peaceful view of division as well. Now. We can move on to I am 13 approval of this month’s bills. Mr Chair board members. Um uh, on page. What page. Is that 58 You have the summary of the bills. I did go through those.

01:28:35,730	And just as as, uh, tying it back in that aforementioned Fox Island bond payment of $73,832.50 is included in this amount, and it’s for approval. Just again. Be aware that it was already automatically withdrawn and then moving forward.

01:29:03,300	I think that’s the way it’s set up, right? ACH So, um Beyond that I did go through the math, I. Guess. Uh, without questions, I’d move for approval of paying the bills in the amount of $124,888.77. I OK got a motion by Manager Reap second by manager Smith to approve this much this month’s bills in the amount of 1 888.77. When, Do you take roll call Vote, please. Yes. Man? Yes. Vander vinegar. Yes, yes.

01:29:33,800	Motion passes bills will be paid. Additional information in your packet regarding the bills on pages 59 through 120. At. This point our next regularly scheduled board meeting is Wednesday, June 12th at 8 a.m. in this room, but we are looking at scheduling that special meeting the executive session from Mal Dam next Tuesday morning.

01:29:57,770	I will be out of the country next. Uh, in June, uh, the first part of June, but Uh, there is a potential that I would be able to call in on, uh June 12th date. OK and as long as we schedule the other meeting prior to the Uh, first of June. Then. I’d be able to attend that. OK. All right.

01:30:20,300	Thanks Roger. Randy you’re available next month next Wednesday or the June 12th, OK? Yes, good, and we should have a quorum so OK Mr Chair just because, uh, for future reference on the July meeting is is coincided with the summer water resource districts meeting that day.

01:30:42,700	I Um I don’t know that we want to reschedule it now, but I would maybe ask for that consideration at some point in the future to look at Up alternative dates. Where is the summer water. You might not. Yeah and it starts that morning. I think so. Yeah. Maybe we can have Wendy maybe start looking at some possibilities for the room. Are.

01:31:08,370	You thinking denims like maybe moving it up to the 17th that I. I didn’t have any preconceived notions. I just, um That still would give us four weeks to the August 14th meeting. So Let’s look at that, maybe as a first option if that works for most people July 17th And Wendy.

01:31:30,630	If you could check on the room for that morning and if it if it’s available, we can go ahead and Discuss that next month’s meeting. OK? All right. Anything else this morning. One. Quick item. Um, so I have worked with, uh, Travis johnson. Um, extensively on the whole island project And now on the McDowell Dam project.

01:31:53,300	I don’t know if he’s even present at the meeting today, but I really wanted to just publicly thank him for his tremendous contributions to both of those projects. And and, uh And. Yeah, just just thank him for all of his work, which which folks? It. It involved knights.

01:32:15,630	It involved weekends and I just want to say it’s very much appreciated, and I enjoyed working with Travis very much. Yeah. Yeah, Thank you, randy, just, uh, for the folks maybe don’t know that Travis is moving on to another opportunity. So And. Um, I’ve already talked to michael about other folks plugging in. But. Yeah I. I concur 100% with your statements.

01:32:33,330	Randy Travis has been great to work with, Uh, very knowledgeable and They certainly, uh, worked a lot with this board on a lot of projects and did really good work for us so he will be missed? Yeah. You can pass along those sentiments. Michael, we will do that, and we will miss him as well. So. He’d appreciate that. Thank you.

01:32:51,270	Thanks, randy Appreciate that. OK if there’s no other business