00:00:00,000	Not Be ready Get there I’m really All right, good morning, everybody. Let’s go ahead and call the. October board meeting at the Burley County Water Resource District meeting to order. Wendy you roll call vote please. A roll call attendance. Andrew Smith, I’m here, Jones here.

00:00:30,730	Here Chair here we have a quorum, we will continue moving on to item 2, approval of the September 11th and September 25th meeting minutes. Mr. Chair. Both of them, yes, that a motion by manager Jones. Second by Manage Smith to approve both the September 11th and September 25th meeting minutes. All those in favor say aye. Oppose Motion passes. Minutes are approved.

00:01:00,470	Moving on to the agenda this morning, any amendments or changes to the agenda this morning? Not hearing any a motion to approve. Move to approve. Yeah One second. The motion by Man Jones, seconded by Man Reap to approve the agenda as presented. All those in favor say aye. Oppose. Motion passes, the agenda is approved.

00:01:28,900	Moving on to members or comments from members of the public, not related to a project, not seeing any this morning. So we can move on to item 5, McDonald Dan this morning. Man vinegar. OK, I’ll, uh, I’ll address the items in the agenda and whatever, whatever I miss, I’m sure Michael will fill in the gaps.

00:01:51,900	Uh, so the, uh, the easement negotiations, um. Have for for the most part, uh, uh, ended and um. We have requested. Uh, appraisals. For for both sets of of properties, uh, from, from Wade Buckmere and um. Um, one might be done at this point.

00:02:17,900	We’re not, we’re not, we’re not quite sure, but he’s working on it and he, he’s, he’s gonna be working on both of them, so that’s. That part is uh is uh moving ahead. Um, Regarding the updated water simulation, Houston engineering continues to work on that and um. Um, I have has made some progress.

00:02:44,700	And But, uh, you know, I’m a short timer on this board, so I just want to encourage you guys to, to, um. When that is completed to to to take a hard look at it. I think I’ve made my feelings known on that, but it’s really, it’s gonna, it’s gonna fall on the board to to make this final decision of moving ahead with the.

00:03:01,470	Supplemental water supply project for McDowell Dam and and um You know, using, using eminent domain for a. Recreational project, you know, raises some flags for me, um, and, and the cost of the project, um. It’s not it’s it’s not, it’s not free and so.

00:03:28,400	Um, I think that’s gonna be, uh, uh, uh, a tough decision for this board and I, I, I wish you well, but I encourage you to, to, to take a hard look at that report that water that simulation data once it’s completed and help, you know, help that. Hopefully that will guide you guys to uh to, to the right decision on this and, and what, what that’s supposed to tell you is how often in the last 20-30 years.

00:03:50,270	Hm Would that um project actually be used and how often would it be necessary? I think that’s really important. Um Determination as to whether that project should move forward, so. Michael Die, a plan or a timeline to get. Oh, you get a lot of things going on.

00:04:11,200	Yeah, kind of where we’re at right now, like I told Randy, we’ve got the spreadsheet expanded for the additional data and now I’m going back in to try and, um, calibrate it.

00:04:27,130	I want to make sure that it’s giving us the same results as the original one did and then going back in and, and tweaking the new data, uh, one of the items that I mentioned to Randy, that I did not have yet, um, is to go back into all of the prior NRCS reports because that’s the one where we get a date and an elevation. And that’s the calibration data. So I’ve got some of those gaps filled.

00:04:41,270	I just don’t have all of them, so I may need to go back to Wendy and ask for some older reports or check with NRCS if I’m missing some. So, but other than that, it’s, it’s coming together, it’s just, uh, there’s a lot of moving parts to that one and and Randy’s correct in the in the assessment.

00:04:57,600	Uh, the couple of things that really play into this is the original assessment Randy and I have had discussions on this was basically a 3 month removal period. Um, the State Water Commission and their water permit opened it up basically from March until October. So the availability of water.

00:05:17,900	To the to the amount that’s allocated is much greater than the original analysis. So I, I need to incorporate that into the overall picture as well. But uh which is really a good thing as far as oh yeah it’s, it’s really a positive, so it’s just a function of, uh, getting the pieces together and having the.

00:05:36,030	Um, the accurate results, and I think what I’m planning on doing is doing the same thing that Randy had me do with the original ones is to graph it so you can kind of see the progression over a period of time. Uh, the data and reading charts and tables.

00:05:50,400	You know, Um, there’s a number of us in here that can do that and understand it, but, uh, for others, it’s, it’s easier just to have a graph that says, you know, here’s what’s actually doing and here’s the time frame that it functions in. So yeah, it’s, there have been a lot of other things going on, as you know, but, uh, we’re making some progress on it.

00:06:07,470	OK, moving on to the emergency spillway bank stabilization, uh, Michael’s indicated he’s looking at next year. For a survey, um, to determine any quantities, the survey is actually done. It’s just a function of getting a contractor out there this time of year. It’s, it’s just easier to just push that off till spring.

00:06:26,230	The data is not going to change that dramatically. OK Do we, do we know what that is gonna cost. Um, I’m guessing it’s gonna be under your limit of 100,000, so you could easily just get, uh, higher, you know, ask a contractor to give you a quote. Yeah.

00:06:46,270	Uh, we do have the issue out there that was brought up the load restrictions. Um, I don’t know, you know, Casey, quick question, if we hauled in material during the winter. When we get by with the load restriction question.

00:07:03,630	Because that was one of the ones the contractor had because you can they’ve set the limit as to the amount of weight that can be on the roadways out there, so, and I assume it’s our intent to try to have this done before in spring. Well, you can have it just basically get the material in there by spring so that you can get by the load restrictions and then do it right after that when the ice is out.

00:07:19,600	Casey gets on there, are we doing Earthville or is it just rock? It’ll be rock. be nice to do it when they’re actually. That’s, that’s kind of what my thought. That’s why I figured I’d inquire with Casey on that right. Morning, uh.

00:07:43,070	So what we generally look at as automatic in the winter is 10% over the posted limit is what’s allowed. Anything beyond that, you’d have to pull an individual permit for each truck. We’re going through there. If it’s something for a project like that, you always have the option of going to the board and asking if you want and. The board will decide how they want to decide.

00:08:04,930	Yeah And now we’ll go to the quantity question which we can give you and, um, run by Marcus and Casey and see if the request of the board is prudent based on pricing. OK, moving on to the emergency action plan that has been updated. For 2024.

00:08:30,530	Um, And The only thing left really for this board to decide is if and when you want to do some type of an exercise out there. Um, What you guys make that decision down the road, I guess the scenario on that is, um, I’m having a meeting with, uh, Mary Sanger next week on the, uh, Apple Creek and.

00:08:50,300	slight issue, I’ll probably put it in front of her and say, you know, when’s best to schedule because she’s connected with all the other parties that need to be there. And then we can get back to you on the timeline. And she was the one who thought based on, uh, The schedule probably should be done. It was last done in 2018.

00:09:07,170	It’s supposed to be done every 5 years, so we’re in that time team. OK. All right, uh. NRCS did complete the dam inspection. We have the report it’s in your packet, um, In talking to Dave. From McDowell Dam, there’s no, no real, no real big issues in there, um, but that is the NRC’s last inspection.

00:09:37,370	The dam is now 50 years old, and they will have 1 in 25 and then they’ll be done. One more in 2025 because remember the project started in 1975. It’s a 50 year life. In their minds, so 2025 and they’ll be handling it back to the board.

00:09:54,330	And then on top of that, the state expects it once every 5 years or so I think they’re more than that even. In Yeah, maybe it depends upon the classification of the structure, yeah. So it’s not your last inspection, but it’s the last one by the project sponsor, you know, the NRCS. Yeah, OK.

00:10:19,670	OK, um, we got David and David here from McDowell, but uh they they don’t have any significant updates unless you have any questions for me or them. that low water dry down thing that the can and fish gets involved with, is that something we um yeah the next couple of weeks is that It’s in the spring we do that, yeah. Ice is out. OK. He makes. OK, yeah.

00:10:39,670	Yeah Makes sense. Yeah. Oh, I got right. Any questions? Right. Thanks, Randy. Moving on to item 6 financial reports this morning, Dennis. Mr. Chair, board members on page 28 and 29 is the balance sheet. I’ll go through the, the numbers per usual. Um, we started the month of September with the balance of $888,849.

00:11:10,100	15 in her checking account. We had income and the amount of. $10,865.89 which included real estate tax, state aid, and some interest. Um, We did pay bills in the amount of $47,319.69 giving us ending balance of $852,395.35 in checking. Uh, which matches up. reserve fund balance had some, um, small amount of interest.

00:11:48,070	So that increase to the amount of $700,373.22. We do have CDs, um, any amount currently in $2,303,784.60. Uh, with that, I’ll stand for any questions, um, and or, uh, move for approval. Second. In a motion by. Uh, Mayor Reeva second by Manager Binnegar to approve this month’s balance sheet.

00:12:12,630	We do you take roll call vote, please? Oh, first I guess any, any questions, thoughts on that? OK. When do you take roll call vote, please? Yes, yes. Manager jobs Man Beer Chair Laber yes, motion passes similar to Mr. Chair, page 130 and 31 profit and loss and budget year to date, um. Everything looks good. I’d move for approval as presented. Second.

00:12:39,530	Got a motion by Man Reap, seconded by Manager Jones to approve this month’s profit and loss statement. Any questions or thoughts? If not, when do you take roll call vote, please. Smith yes, Mangar Chair Lana. Yes, motion passes. loss is accepted. Update on CDs. Yeah, Mr.

00:13:07,070	Chair, um, and I did send out an email to the board just for informational purposes for the discussion at this meeting. Um, so, and you have a hard copy of that in front of you. There are several options out there. We do have 2 CDs coming due October 12th, um, without any action by us, they will renew at the market rates. which are basically I think what you see in front of you.

00:13:25,270	Um, as the options, um, in that options table. Um, we do have a 10 day grace period, so somewhere between October 12th and the 21st, we need to either take take action or accept the automatic renewal. Um, Quite a quite a list of options that were presented to to us.

00:13:48,130	In that table, one new one, a new concept is, uh, it’s, it’s called their deposit fund. Um, I did have an error which I corrected before this meeting. Uh, but it does, uh, currently it consists of 4.92%, but there’s a 25% management fee subtracted from that, so it’s effective is 4.67. That is a totally liquid account.

00:14:12,200	It does fluctuate on the 1st and the 15th of each month, so it is subject to market fluctuations. Uh, with that, there’s, you know, there’s the whole gamut of terms with some various rates in front of you. He just curious about that bravera deposit fund. At 467.

00:14:34,230	Did they give any indication how much that could maybe change at all over the next 3 to 6 months, you know, I didn’t ask. I didn’t offer, I just, you know, it’s uh I don’t know what it’s tied to. I, I’m sure it’s tied to some type of Fed rate. But um Yeah.

00:14:54,500	I suspect that you know if the feds would drop the rates that this would drop accordingly or even more so. Um, but it is totally liquid. Um, so I mean that would be one option is to, you know, put that in their temporary temporarily monitor it and then, you know, come back at a time where it gets to be.

00:15:12,470	More painful than the CD rates that are in front of us or. Or we could, uh, you know, again, just. Yeah, My thought Dennis, looking at those rates at the 3.5 to. Call it 4.5 range.

00:15:31,930	I mean, even if it were to come down another point, you’d still kind of be within that range and it is more liquid and kind of gives us some options. We do still have 3 other CDs that are. That are earning interest at this point throughout the rest of this year and into next spring. Um, I know.

00:15:48,730	Just to clarify, there’s a, I think there’s a 400,000 minimum in that account that’s right, um, I didn’t put that on the paper, but That’s part of it as well. And your thoughts from the board members? I, I agree. I kind of like uh the. The fact it’s fluid, it’s got a pretty good rate if things change, we can. Change with That’s where where we currently have our.

00:16:10,370	Checking, right? It is yeah it’s not like we’re switching banks or anything. So You, you know, the one maybe slight risk is that, um, I don’t know that I will, I mean, I can put it on my calendar to monitor, you know, and I don’t expect they’re knocking on your door and saying, hey, your rates are dropping either and so we kind

00:16:25,370	of have to monitor it. Which, um, we certainly can do, um, don’t get me wrong, it’s just subject to a missed one here or there, yeah. OK Randy, any thoughts? Agree with Roger. Well, I would make the motion to.

00:16:54,530	Yes, both those CDs, those CDs, uh, the minimum amount according to the sheet that Dennis handed out, was 500,000. Those, those are the current values of those CDs, yeah, the minimum is 400 in that the motion that we go ahead with that deposit fund. Uh, because of the liquidity and. Interest right now is just. A bunch of juggling balls. We don’t know what’s gonna happen. OK.

00:17:18,070	I like OK, we got a motion by Man Jones and second by Manager Smith to move the to October 12 CDs that will be coming up here next week into a Bavara deposit fund. I get that right? OK. When do you take roll call vote, please. Any. Questions or thoughts on that? Yeah Wendy *** Roll call vote, please.

00:17:42,800	Andrew Smith, yes. Manager Yes. Manager Jones. Yes. Manager Bennegar, Chair Laneberger, yes, motion passes. OK. Thank you, Dennis. Anything else regarding any budget update this morning? Everything’s kind of gone through and I’ve not heard Boo, you know, I think we were treated well and I don’t, I don’t expect any from the county. Yep, everything’s fine.

00:18:09,770	No changes were made, doing good. Yeah Thank you. All right, we can move on to item 7 this morning. Drainage permits and complaints we do have some information that Houston put together for us for the Randy Cook.

00:18:29,600	Uh, complaint on the mic if you want to kind of give a summary there, hope he’s had some chance to review that. Yeah, just a quick summary, the uh, um, memorandum or review basically incorporates several items. Uh, one is kind of a brief history of what’s going on out there and how it got there the prior, uh, Inquiries by Mr.

00:18:51,000	Cook and the standpoint, uh, also the review and stuff that, uh, the county highway department did, uh, historically and then updated it for a potential cost of a project and, and sizing, um, Obviously there’s some things setting out there as far as, um, how does this get paid for? There’s 4 different options on the end.

00:19:11,770	Uh, those are kind of open for consideration, um, as to where this board might want to go, um, obviously there’s a cost associated with it and where that goes and I suspect that, uh, this is something that would be shared with, uh, Mr. Cook and have another conversation as to where that might go. Uh, it’s not in front of the board for any action at this point.

00:19:28,200	It’s more of a, a summation of the. Um, basically the commercial and industrial developments having a significant impact on his property relative to the amount of runoff that’s accumulating down there over a period of years.

00:19:44,970	Uh, I went through all the Google Photos, you can see the change over the years as to when the development occurred and how the, uh, the waters are increasing. Obviously you have wet years, dry years, uh, but it’s, it’s definitely there. I didn’t include all those photos in the memo that’s just a lot of extra pages, so. You know, Mike, yeah, thanks, Michael.

00:20:04,000	Um first, any questions from board members? It, it, it is a quandary. It really is. It’s it’s something that, you know, we don’t have a lot of options, you know, Michael and Houston have laid out some. Some options here to move forward. You know, we’ve had some meetings with, with Casey and Marcus and just trying to Figure out some options and solutions.

00:20:21,230	It’s it’s a tough situation, um, I, I, I know Michael, you mentioned it here the city doesn’t have any authority, but you know, at the time they were the ones allowing some of the development I just wish there was some way we could come together in between the county and us and the city kind of

00:20:33,970	figure out a way to to help this in this landowner out. It’s a, the, the real authority that I set out there trying to get to that point is, um, they can’t set up a special assessment district like they do in the municipal storm sewer site.

00:20:49,370	Uh, do they have The ability to spend money outside the city limits, probably, but they probably have to go back to commission and get approval, and then that would have to obviously be justified.

00:21:04,400	So I didn’t want to go into those details from the memo perspective, but I think that that, you know, it’s obviously something to get all the parties together and have a conversation and say, here, where can this go, um. But you’re right. I mean, they, when you look at when they first, uh, subdivision was developed. There were no stormwater management plans required. There’s just nothing out there, uh, subsequently, stormwater management plans were required.

00:21:24,070	They were done for individual site plans, but they were only done for, uh, peak flow, uh, scenarios they were not done for volume. And volume is the issue that’s creating the, uh, the long range issue here. What used to go down and soaky just doesn’t soak in anymore because the amount of water that’s there, so. And I assume there’s there’s additional.

00:21:43,870	Development probably being planned out in that direction and there are and Casey and I’ve had that conversation. There are a couple of additional lots there that are not developed, but because of the restrictions put on based on flow and the ability to release water, they’re not happening in all, in all reality.

00:21:59,400	So I think you’ve kind of reached a saturation point, if you will. Uh, it doesn’t mean it can’t, it does mean somebody won’t, but in order to meet the flow restrictions that are in the city ordinance. Um, you almost have to own two lots to make one work. So is that a fair statement, Casey? Yeah, OK.

00:22:16,400	And is it our intent to share this document with Mr. Cook? That would be my thought is to share it with him and then, um, consider if you want to call it a joint meeting with the, um, the board city and county and say, OK, here’s what’s out here, and you probably share it with the city as well and say, is

00:22:29,900	there anything that, uh, In the collaboration that might come from that. Yeah, Michael, I, I, I, I like that plan if we can get this to him and have him review it and then maybe see if he’d be willing to.

00:22:44,130	If Houston can work with him to try to schedule a meeting with some parties and. And, and if you’re OK, Mr. Chair, I would also share that with, uh, uh, city representative, probably, uh, Michael Greer more than likely, and say here’s what’s been put together here’s what’s out there, um, consideration of a meeting at a future date. OK, I assume Casey, you’ve seen this. OK. Mr.

00:23:08,230	Chair, uh, what’s the, uh, what’s the cost, um, what’s the project get us if we put that in? I mean, where does it move the water to? I guess I didn’t look at it too closely, the water from that system would come out and it’d be metered basically to hit Sibley Drive.

00:23:22,270	And go down Sibley Drive and basically all the way into Apple Creek. Um, the basically roadway ditches have the ability to handle that amount of water that’s coming there. It obviously could be gated and controlled to if it needed to be based on, you know, flood conditions.

00:23:40,800	Yeah, is there a risk there of uh of bringing in another party to the discussion? I don’t, I don’t think so, but I’m just, no, it’s a valid point and I think from the standpoint, um, I would also look that there probably need to be a drainage permit because the watershed is greater than 80 acres, ultimately, there’s 63 acres, so, uh, might be in question, but I think a permitting and uh control

00:24:00,070	measure is probably adequate. Then of course comes down to you know cases coming up to who manages the system once it’s built. I mean, it’s a ETA. Extraterritorial project that, I mean, one considers just a culvert and it just runs.

00:24:25,300	But somebody has to, you know, assume the Future maintenance Morning, the part for Sibley Drive. We, we’ve looked at it, that does drain down the ditches till it it’s the natural drain points, then be able to move through on everything we from the amount of flow, if you restrict it down to a small amount and it’s just. Trickle slowly over time.

00:24:47,000	It’s not gonna create any impact, at least downstream on their uh for the management portion. Very good question. The County board has indicated from some things previous this year, uh, they had asked about different drainage issues that we’d gone through and Fixed or how much and they went through the dollar amount and it was, uh, let’s say a contention point between the county board

00:25:12,600	and the city board on who should be paying for those types of things in the ETA because they’re feeling that the city was approving it and allowing it, and then we’re having to play mop up afterwards.

00:25:30,830	Now, in, in this case, I don’t think that’s uh directly fair statement just because it was done before there was any ordinance in place, but there’s history that’s there, that’s a reality also, I think the, I don’t think the county board is exactly excited to write checks to fix this at this time, but I think they also realized there is an issue and it’s how, how do we try and manage it.

00:25:51,070	There may be some discussion they might want with the city, uh, first and see if they’re I think they would initially recommend the city pay for it up front, but, um, it, it’d be a process to get through. No. OK Yeah I was also wondering too, this something that the state.

00:26:12,930	Water commission would ever have some funds for things of this nature, things that are really get all this just too a little bit of. Ambiguity on jurisdiction and Um I would say probably unlikely you would kill the patient.

00:26:35,500	Uh it’d be a bunch of hoops that probably wouldn’t be worth it, you know, the other aspect of that, and I know Dennis understands this as well is that sometimes those hoops cost you more than the process to get there, so it’s. OK. All right. Any other questions for that on that item? OK, uh, thanks, Michael. Yeah.

00:26:56,770	Uh, in the packet, I think the next one, unless there’s an update, Kathleen, it just kind of more for informational purposes this is the documents that Michael and Houston put together for kind of a record for our files. Michael, anything else on that? No, no, OK.

00:27:17,600	And we can move on to item 9 this morning, uh, projects, any updates regarding Sibley Island this morning? At this point, we’re still continuing to just close up, it’s just, it’s on the back burner at the time to just, you know, put the pieces together and box everything up and see if there’s any loose gaps that need to be. Documented for the record.

00:27:32,000	In other words, some emails regarding kind of some of the some survey information that was kind of yeah, there was some uh scenario with the survey information that was done and the basically the vast property, uh, they’ve elected not to proceed with the plat at this time. They’re doing a number of cleanup items on their property. They’re just not ready to, uh, proceed with that.

00:27:49,070	So but we did give them a number to, uh, for their consideration if they chose. OK. Thanks, Michael. All right, we can move on to, uh, 9B Hogue Island stabilization project this morning. Manor Beneer. Yeah, so you should have uh in your calendars, uh. October 28th at 5:30. p.m. in this room upstairs. That’s right, yeah uh, the, uh, public hearing special board meeting.

00:28:19,030	Um, On the Hogue Island stabilization project. Um, again, October 28th, 5:30. Um bond sales, moving, moving ahead. Um, And um, The uh the access easement. Um, discussion can occur at that, at that special board meeting on the, on the, uh, October 28th.

00:28:49,330	Um, Michael, you got any more to add on that? Yeah, just a couple things to kind of clarify on the end of the process here. Obviously, the, uh, landowners have the right to come into the public hearing and protest their assessments, uh, the, there’ll be a special meeting after the public hearing, public hearing does not require a quorum, obviously, but special meeting afterwards would because you’re trying to make the 31st deadline for

00:29:09,230	special assessments. Uh, this year on the special assessments, the determination will be obviously there since there’s no interest, the first years, uh, payment will be principal only plus whatever administrative fees the district tax on. So that’ll be a directive to the county auditor. And then subsequent years once the interest is known.

00:29:30,430	The special assessments will be changed to include the interest rate. So I think that’s kind of an important consideration. And then, you know, at that point in time, we can also discuss the, uh, the easement aspect. Excuse me. And then if you want, I don’t know if this is gonna happen, I got a response back from Mr.

00:29:46,970	Buckmeyer tentatively he was going to try to complete those, um, Appraisals by the 28th. Of October, so back to McDowell, right, back to McDowell real quick, like, sorry for the squirrel, but the scenario is, is if you wanted to put that on that meeting and they’re ready, that’d be an option since you’re having a special meeting

00:30:04,730	already and you, you know, could consider that. So that might be an executive session scenario we’ll have to visit with Dave on that, so, OK, that’d be immediately following the public hearing, following the public hearing, correct.

00:30:21,170	I guess just to kind of just reading the room a little bit, people can be able to attend that one so we can have a quorum on the evening of the 28th. Yeah, and you say that’s upstairs in this building. Yeah, on Monday, OK. Thank you. We’ll get that on the calendars and. Yeah.

00:30:42,530	Oh, quick, quick other item on that, uh, I’ve been working with the DWR relative to the cost share on the section 32 projects and that’s moving through the process to be approved soon. The additional funds. OK. In your packet too is just some notices that we, you know, we did the publish in the newspapers regarding the. You know the process and the hearing, so.

00:31:00,670	And those notices have already been provided to bound council as well? OK. Perfect. Thanks for one thing you were looking for, so thank you. OK. You got anything there, I don’t. OK. Thanks dude. OK, it’s not anything else on Hong Island? OK. We can move on to Burnt Creek floodway this morning. Andrew Jones, any updates? Oh, I’m afraid so.

00:31:26,800	Let’s let’s get into it, um, first of all, the contracts are still being Revised with our attorney. Secondly, um, contracts with, with cowboys and Whomever at this point, Travis for uh mowing, etc. Um, Under OM I met with um David and Michael. And um We have drawn a conclusion.

00:32:03,100	From our meeting in order to get the weeds back under control. We need to cut the top of the berm at least monthly. Uh, and or as needed. We also need to spray that top. Probably in the spring of next year. When the weeds are. Minimal And Watch it to see if it needs spraying again. July, August.

00:32:31,830	Um, The downslope into the creek actually looks pretty good. A little weeds, but not serious like they were. So I would ask the board um. To approve a motion for cutting the Burnt Creek broom. Uh, monthly. And or as needed. Uh, in 25. That would be my first motion.

00:33:05,700	With that fall under Travis’s contract once that gets approved so kind of pending approval of that contract and I’ll, um, the question and so is that, I mean, last cycle was $600.

00:33:24,430	Is it, would that be less than that because it’s only the top of the levee or is it, is it, uh, do we know that yet, I guess we do not know that yet at this point, Travis, um, is putting together an LLC. And he hasn’t given me an exact price. The reason I’m kind of sticking with Travis is he knows the lay of the land.

00:33:49,500	And if we cut it, Monthly Um We’re gonna cut down on the weed crap and let the grass grow 12, he will not have to use the type of more that he’s using right now. He can probably go to a. A lesser mow a lawn mower type of thing right now he has a heavy, heavy duty tractor with heavy duty blades on. So I would assume the price will go up. Um, but I don’t know that for a fact at this point. OK. Mr.

00:34:11,870	Chair, I have a comment, as Kathleen said, the three of us had met last week. With regard to Travis’s contract or any other contract, I’ll, you’ll see in the contract my boilerplate language in terms of general liability and umbrella coverage. I think that’s important for um the board to have in any contract.

00:34:33,270	And with Travis, what started out as probably a more informal way of just simply getting out there and mowing it, I think if it’s going to be institutionalized, we need to have the same sort of contract requirements and language, and that may well put Travis into another category in terms of what his insurance requirements will be, um, but that needs to

00:34:53,470	be spelled out and that’s what we’re doing in these contracts for, for Travis and Callboys all to review, obviously, but that’s the, the basic. framework that we’re working on. It’s no different than any other contract the board allows. Mr.

00:35:12,800	Chair, I would add to that from a cost perspective, yeah, we, the costs aren’t quite known yet, but the contracts are both set up with an approval in March of what’s what’s known as exhibit B. So each year before you, you will be authorizing. A contract amount.

00:35:29,270	OK, so then do we really need this motion at this point if we’re going to come back next March? I think it’s nice from the standpoint of the context of what goes into the contract amount. We’ll probably get the contracts amounts now for rather than just march once they’re in place, but they’re set up for each March you would get an updated. Projection. I would agree with Michael.

00:35:48,070	So what, what you need now from the standpoint of manager Jones’ motion is the standpoint, what do we tell the contractor, what are we actually asking for so that in the initial contract you can have a dollar amount attached to it, OK.

00:36:08,270	We have a motion by Man Jones and the second by Man Reef to, uh, Approved the contracts for And well, the plan to have the operation and maintenance item done next spring. Under the contracts that are currently going through you and David and for the cutting, just the cutting, just the cutting, OK, I want to talk about this phrase separately. OK. Uh, when you take a roll call vote on that motion, please. Andrew Smith, yes. Yes. Yes.

00:36:33,900	Chair, motion passes. Now move on to the spring. Well, the spring, um. The cowboys took the leftover spray from, um, The Greek And did spray what they could on top of the burn. It was obviously not the right combination of chemicals because right now we have a fatal the thistle.

00:37:00,300	And woodworm and ragweed and a few other things. My suggestion and motion to the board would be that next. Weather pending April or May. We get in there and have. The appropriate chemical sprayed. And watch it after cutting it monthly. To see what type of wheat crop we have left. I suspect if they use the right chemical mixture. It’ll be a one shot deal.

00:37:32,070	However, I don’t know that for a fact. Because you’ve got other factors coming in, weather, etc. Um, so I would, I would strongly encourage the board to go along with spraying it next spring. The top of the berm. And of course the downgrade into the creek, and that’s a water-soluble chemical that they use there.

00:37:58,200	And try to get the weeds under control on that perm. I’ll second that motion. Thank you. Do we need a motion? no. We can, well, we’re gonna be spending money. I guess, Mr. Chair, it’s kind of the same thing.

00:38:19,570	We’re looking for a contract amount so we need to tell them what we’re expecting them to have so they can put it in the contractor did all that last but the last spring, but this would be for 25. This would be, yeah, this would be for 25. Thank you. Right, so clear on that second.

00:38:40,800	Yeah, a motion by Man Jones and the second by Manage Binnegar to prove the Uh, to move forward with, uh, working with cowboys to develop a contract and pricing for spraying of the creek next spring. In 25, 2025. When do you take roll call vote, please? Andrew Smith, yes. Yes. Andrew Jones, yes, Chair Lane, yes, motion passes. Any updates on the signs? Well, the signs will cost $1415.

00:39:09,930	And when I found that they were so inexpensive. I said just do it, and they’re already up. Uh, the only I left for Burnt Creek. Is the fence fixing. And I’m having difficulty finding a fence fixer. So if anyone has a good fence fixer in mind, please forward me the information.

00:39:34,830	I’ve had two people say yes, we’ll do it, and then they never do it. Then there were some gates too that we were maybe looking at doing some work we’ve got that all taken care of. OK. That’s all then. Mr. Chair, Mr. Jones, um, So $415 to put the signs up.

00:40:02,800	So we had, we had paid um Sro last Well There’s a bill in front of us, I guess. There is a bill in front of you and Travis Johnson and myself put them up. And Travis will unquote, add it to something else because it’s so small. And I, I’d have to look back.

00:40:24,230	It seems like we paid a bill last month too, do you remember not do you remember not do you remember not yeah, yeah yeah yeah yeah, that’s kind of OK, yep. OK, very good. Anything else for Kathleen? We have the annual assessments and we’re working on that right now.

00:40:45,900	We have a letter in the packet on page 60, right? It has to go to the, to the county auditor, and I think it has to be basically be motion for approval today and then submit, I have provided Wendy with a paper copy of the Uh, letter Um, it’s been digitally signed. It’s ready to deliver the county auditor as soon as the board makes action to approve that and deliver it.

00:41:03,930	I will also provide an email copy of that letter and the attachments as well as the spreadsheet as requested by the county auditors so they can use that to, uh, Go through the assessments. Mr. Chair, I would move to approve.

00:41:29,100	Mhm And just as a summary off of that, the assessments this year run right around, uh,,, $41,000 in total, shy of 42,000 shy, so it’s, it’s up from, uh, prior years, um. Sometime in the next 6 months or whatever and the subsequent year I’ve got a memorandum that I’ve shared with Dennis and we’ve talked about a little bit as to where that goes long term at some point in time, you’ll be to the

00:41:44,230	end of the bond. Or the bond might be close to being paid and then you can decide whether or not you continue those assessments based on the project needs. OK.

00:42:01,000	We did have a few items we had to go back through the county auditor with the Um, Classification of several properties, which is typical, so. The process goes a little smoother each year. You recall Michael or? Manager Jones, how many landowners are part of this assessment I was oh my goodness, is it? I don’t, I don’t know the exact total.

00:42:18,800	Um, you’re starting to see because of the valuation, to be honest with you, the valuation of the properties in the misty waters area that the, um, Residential dollar value is starting to climb compared to the egg value.

00:42:39,570	Comparatively speaking, uh, because prior to development or prior to building on the lots and misty waters that are commercial and the dollar amounts were relatively small, but then all of a sudden you’ve got a property that’s worth, you know, significant amount of money than the dollar start increasing. Uh, there is a discussion with the water users this year to go in and ask for an increase in the amount per acre. That’s also available to be charged. Right now, it’s $4 per acre.

00:42:57,130	I don’t know whether it’s gonna be 68, who knows what it might be. Uh, that being said, um, the decisions down the road might be that you don’t necessarily need to assess at the maximum amount, which is what you’re doing now. So it just says background information. OK, yeah, there’s quite a few misty waters in here now. Yeah, it’s definitely grown, OK. OK.

00:43:20,770	We do have when when there’s no motion yet at this point, so we’ll need a motion to approve these annual assessments and send a letter and information to the county auditor. So moved. Yeah Second, got a motion by Man Jones and the second by Manger Smith.

00:43:41,600	To prove the annual assessments for the Burnt Creek floodway and send to the county auditor for their approval. Wendy, any questions, comments on that? If not, Wendy take roll call vote, please Yes. Yes, Man Jones, yes, Mannegar Chair Laneberger. Yes, Michael, you’ll take, you’ll send that to, OK. Thank you. Motion passes. OK, moving on to Missouri River Correctional Center this morning.

00:44:12,330	Um, we did the observation report, Michael, that was completed by Yeah, basically Nick in her office went out, I think I reported that there were like 10 people that went out and were with him. Did you make it out there, Dennis? I did not. OK, that’s, you know, basically that’s an annual report that would be filled out, you, you basically filled it out by hand.

00:44:27,430	We will copy that and put it into the ONM manual, um, obviously, as we’re looking at the agreements for the work associated with each one of the projects there might be some slight modifications to the ONM manual as well, but that’ll give you an idea of the type of report. Uh, there’s nothing out there.

00:44:41,730	that, uh, showed up as a concern. Uh, there’s a weep hole in one of the manholes that doesn’t seem to be draining very well, but it’s not a material issue, would be something that can be monitored.

00:44:58,870	Uh, one item that did come up when Nick was reviewing the ONM manual procedurally, is it every 5 years we’re supposed to be the district is supposed to go out and survey the top of the levee. Just to see if there’s any significant settlement or deterioration from activities on that.

00:45:13,870	So what we’d be looking at from the board is to get authorization to actually go complete that survey as part of the, um, overall maintenance. And we can still do that this fall, so I don’t see that there’s going to be any major issues, but they have been driving on portions of it and obviously you’ve got consolidation and settlement, um, Typically on that if you end up with just some minor variations, it’s probably not a

00:45:31,470	big deal but you document them so if you have an event you can prepare for it. If there’s a significant change, then you may have a, um, a need to go in and do some repairs. So that’s the purpose for every 5 years. OK.

00:45:48,100	consensus with the board to have Houston complete that survey. It’s OK. I don’t think we need any action for that consensus. OK. Thanks, Michael. Any questions? OK, we can move on to the Apple Creek. Slide this morning. I know Roger or Michael, if you uh, completed the, uh, About Bank slew emergency action. plan includes a map.

00:46:17,500	Is that in the booklet? No, we didn’t send out the map yet, so, uh. Did you send it out to the whole board? No, not yet. So I have it. It’s a big area, so. Um, What’s the best way to Like next month because we have a meeting coming up. Yeah, there are a couple of things coming up.

00:46:37,130	Um, first of all, we drafted the EAP, um, layout. Or outline if you will. And then we created the maps, um. Interestingly enough, the impact area from those maps is very similar. 200 year event upstream from the failure.

00:47:00,700	Which means we got a rather large impact area and that’s based on a 10 year flow of 2900 CFS. So that’s, we kind of took a step back and said, let’s take a look at this and, and see how we would actually notify people. We got 3, levels of notification. One would be the, um, properties in Sibley Brierdale, you know, they can’t get access from the road if it’s closed.

00:47:20,600	Um, the second one would be those who will be impacted by the flood event, the backwater flooding. Uh, which would be, you know, significant at this point. Um, this would be the structures, the rural residential. Uh, the third, um, would be just property owners that have eland.

00:47:37,530	I mean, there’s different levels of risk, so when you do an EAP you’re giving a message to people. What is that message? So there’s a messaging scenario and we need to work through with Mary as to, you know, Mary Sanger as far as hauled out messaging would go out.

00:47:54,000	Um, next week we’re having the conversation, um, internally again with, with Mary and DES as to what the HMGP grant might look like and what that means. Um, so for. What’s the HMP HMP that’s a hazard mitigation grant. For FEMAM FEMA, 15 local and, um, Ken State percentage. Um, so the scenario on that is that, uh, one of the ones that they’ll look at in the application. I’ve got a draft.

00:48:22,800	Or basically a an. Template, if you will, from Mary that can be filled out one of the questions in there is what’s the economic impact? Obviously, they’re trying to justify spending FEMA funds for that. Um, we have not gone through the economic side of the equation based on the number of properties out there.

00:48:41,570	If you’re looking at a 10% frequency based on the Apple Creek flow. Um, I’m suspecting that the, Um, if you want to call it the BC ratio, might be.

00:48:59,300	Um, Might be sufficient to justify the grant? And that’s kind of where things will go, but we need to talk about that next week to get a better handle on that. So Roger, you’re, you’re attending that meeting next week. OK. No, we’ve got the 16th or 17th. We haven’t decided date or exact time and place as yet. Yeah.

00:49:19,570	To remind us what the grant would be for, would it just be for the modeling and planning and plant emergency action plan, um, couple of things. I think the emergency action plan kind of already approved by the board.

00:49:35,870	I think much of that can be done, um, the basic grant would be to take a look at the slope and say where’s it at now? What happened to it, and what’s the future of the lower portion of the slope, which is the one that’s currently failing. So it could be a fairly sizable. Uh, if you want to call it geotechnical approach.

00:49:54,130	Um, but again, we, that’s where we have to have a conversation and say, you know, what actually do is necessary to make that decision as to what the Risks are and who would be the actual applicant it be Burley County Emergency Management or would um, we haven’t really talked about that specifically yet. I suspect it’s either emergency management or the water resource district.

00:50:13,330	Uh, the question comes, um, who pays the 15%, who pays the local portion? And until we know the dollar amount, you bring the dollar amount back to the board, you can, you know, decide where that actually gets placed. Uh, as far as the project and who pays for the project, that’s undetermined at this point in time because. The extent of the project, so. Still some unknowns in this picture, so. OK. Thanks, Michael.

00:50:33,270	Uh, Curious Casey is everything fairly stable out there now regarding. That slide haven’t Seen much activity on it lately. There’s a lot of photos at this point, I would say the roadside’s been fairly stable. The east side of the bank, there’s minor erosion.

00:50:59,870	You can see where the banks coming down, um, you can see trees are tilting a little bit more, uh, to be expected, uh, going through their flows are definitely down with, which helps uh this time of year we just keep our eye on it and see how it goes through winter and and the spring here. OK, thanks.

00:51:18,470	Are you continuing to or is the county continually to flying it with a drone still, uh, yeah, I think Greg flew it, uh, Monday actually on there in. He has been sending it out there, he created a website now so you can have pictures side by side on date and then you can do a bit of an overlay on that so you can kind of see the difference a little bit.

00:51:37,770	I, you always have to take a little grain of salt because the lighting conditions or is it cloudy this day or is it a nice day? So it does look a little different depending on whether on there, so it’s, uh, but you can kind of see the general trend, what’s going on. Yeah Mr.

00:51:55,930	Chair, a couple of things, um, thanks Casey. I’ll send out that website in the link. Um I did was having an issue when I was forwarding links my mindcast would basically lock you out. So I’ve got to send the link independently, but I figured out how to do that now. So I’ll, I’ll share that with the board.

00:52:10,700	The other one that’s out there and, and, um, Manager Reap and I’ve talked about this a little bit. The state water commission will cost share in the snagging and clearing up to 50%, they do not require an economic analysis as long as it’s under the director’s dollar amount. Which is $100,000 which it certainly wouldn’t be.

00:52:29,100	So the question that I’ve got long term thinking about it is if you’ve got a lot of trees in there, Apple Creek is backwater from the Missouri in a lot of cases, and it freezes up, uh, do the amount of trees in that particular area that have accumulated, uh, represent an ice jam issue.

00:52:45,070	Or the ice freezes to the tree, granted IL for in the Channel, but it moves on if it’s frozen to the trees and creates other issues. Uh, so the question is, does the board want to consider getting a quote for the removal of the trees to decide whether or not it wants to ask for assistance.

00:53:00,970	I, I think, and I just think about it next spring if there’s a high, you know, flow event and you got trees in there that just creates different flow paths and things can just get ugly again, so I, I, I completely Michael, you said you thought it was less than 100,000, you thought? Well, the director’s limit is $100,000.

00:53:17,030	I don’t think it’s gonna cost 100, to take out the trees. So the question is, is, you know, is a highway department maybe go out and get a quote from Weiss or is there something you want us to do Casey has the a typical contract they’ve already asked her so maybe they’ve already removed him.

00:53:39,500	Not well, we, we have looked at it, we would actually need to work with other emergency setup, so you, you’re getting boats, everybody in there, and if they want to put the dive suits on, it’s. Gets a little extensive. I, I don’t, I think you’d be under 100,000, but.

00:54:00,800	It’s a little downstream of the area now where it’s at, so for us to get involved it’s not in the right way, it’s not threatening the right way, so I mean we have done stuff like that and we get our hands slapped by the state’s attorney for working outside our area a bit, but that’s kind of what we’re looking at that we keep

00:54:16,370	watching it and you can see there is some erosion downstream of where the riprap is currently out on the west side, but it’s not threatening the right way at this point. You can see that and who always land on the east side.

00:54:33,300	He had a garden there at one time with the fence, the fence, part of the fence is dropped in different things, and we’ve been talking with him and trying to keep in contact, uh, just going through.

00:54:51,470	Just continue to monitor the area, but you can see there’s some small erosion water’s gone down, it’s just not affecting it as much the a lot of great questions on the trees if I could predict that 100%. I, I could retire, so yeah, I think it could probably fall under, you know, really cutting water resources, but I’m just wondering if he, if Casey, if you have a contractor or two that you’ve worked with with these similar situations maybe for the name to Michael and.

00:55:09,070	Yeah, cause I was gonna say we, you know, we can either direct, you know, ask the contractors to give a quote to do it or the highway department could either way however you want to direct it. But I’m seeing this from the standpoint.

00:55:23,070	I understand where Casey’s coming from is the, the, the sponsor to the state would be the, the water resource district, and then you’d be assuming the other 50% of what that, what that amount to. But until we have a price, you don’t know what that dollar amount is, so. If that makes sense, we can work with Casey or Casey could get a price direct either way.

00:55:43,200	Is this Is this And it’s not sovereign lands we’ve checked that since it’s backwater from the Missouri it would just be in the in the channel itself because there are a lot of trees that have fallen in. There’s, yeah, pretty hard. Get 4 down right now, there’s a 5th that’s close. There’s one that was pretty good size. There’s one that’s been in the water.

00:56:03,000	Um, drowned for all lack of a better word, uh, in there, it’s affecting area you can see downstream of one of the trees, there’s a sandbar forming behind it cause it’s slowed it down enough, uh, going from there and. Yeah, there’s some significant.

00:56:25,070	Uh, trees in there, but I wouldn’t say it’s blocking any any of the flow by any means. Yeah, I just, I think it’s kind of marginal, but I mean it’s we certainly can ask the other question is, would it be go all the way down to the confluence? Is that what we’re talking about? No, just be it would just be within the,

00:56:38,570	uh. The erosion area, which is basically at the very downstream of the erosion area and, well, excuse me. The downstream of the protected area from the rock rip rap and just a little bit downstream as it’s continued to erode. And that’s, it’s not a huge areas. We just go do it.

00:56:56,500	I don’t think it’s gonna be very much at all, and especially if you do it in the winter, right? I mean, that’s when you should do late this fall when the flow ice conditions I mean you probably got a better chance of getting out there and and do what you need to do.

00:57:09,730	So it’s a question for the contractor, like you said, you can get a cost and you may look at it again, you touched on this earlier, based on the dollar amount, is it worth going to the water commission and trying to get 10 number of dollars or just doing it until you know a price you don’t know 100,000 and I think

00:57:24,330	we should. When we removed the trees the last time we talked to a few contractors and they weren’t comfortable creating any equipment near it cause we were looking at can we come in from the east side and that’s just. Everything’s sloughed off. It’s just so unstable.

00:57:42,800	They were more worried about their equipment falling in and now we got a real problem with equipment laying there, so that’s why we worked with the fire and rescue with their boats and they geared up and. Put ropes on and strapped everybody in and. Just found a way to kind of cut it and do everything.

00:58:03,930	I, I mean, I’ve heard ideas from residents of just drop people in by helicopters and I, I don’t wanna do that personally, but um. I I think there’s there’s ways you could deal with it, but it’s not easy, it’s. Getting in and during the ice that.

00:58:27,130	It gets a little bit more challenging depending on conditions getting in there, so I, and right now this time of year for our guys we’re trying to finish up every construction project and we’re doing everything to get ready for plowing because that’s right around the corner, Snow, the snow is gonna fly sooner than I like usually. OK. Thanks, Casey.

00:58:46,870	Yeah, I mean, to Dennis’s point, Michael, if we could get, I think it maybe a couple of quotes that to me it’s almost like almost a proposal. What, what, what are they thinking they want to do to attack this? How are they gonna approach it? Because one contractor’s view of what they need to get done and when could be completely different than another one and so.

00:59:00,930	OK, we can get a couple of quotes and go from there and see what’s there. I mean, we do this in Ward County quite often, um, maybe just a little bit higher magnitude of a of a channel, but there’s a contractor up there that does a bunch of them too that might just share that with you, feel free to.

00:59:18,500	OK, they’re local or somewhat local, they might not, and they might have offices. I don’t think they have any equipment here, but you know, so. OK. We work with them OK, yeah, I think it’s somebody different, but. All right, good discussion. Any questions, anything else regarding the Apple Creek slide.

00:59:42,530	OK, yeah, it’ll be interesting to see what shakes out of next week’s meeting and. All right, moving on to other old business this morning, uh, first one there, Michael, just an update on that. Uh, that CRS Yeah, it’s ongoing with uh Nick and Mitch. We’ve got information that’s going back and forth.

01:00:06,430	The data has been provided to FEMA relative to the community action visit, the CV that hasn’t been formally scheduled, but, uh, things are moving forward, finish the checklist, so. I know we had an agreement with Houston for that work. You guys are fine with that contract at this point. Yeah, we’re fine, we’re well within budget at this point, probably do an initial billing here. I know Mary Sanger wanted, uh.

01:00:26,200	Invoices before year end or to your end, so we’ll probably do one next month and then do one right at the end of the year to. Cover that. OK, how about for the Apple Creek slide. Um, we’ve got.

01:00:43,800	I’m trying to remember it’s probably about 6 or 80 in it right now to this point have not invoiced it, trying to figure out the, the processing and where we go with the next steps first, so fair enough. OK, thank you, Michael. Yeah. Any updates regarding Crystal Lake this morning. Um, just at the web grants has been submitted, they’re working on getting local funds, so I suspect that’ll kick off.

01:01:03,270	It’s probably a little later than we’d like, but probably kickoff will be in the next month or so, OK. A lot of, there’s a lot of local discussion going on, so. Including other areas that are having similar problems out there, so, and we’re just basically in a.

01:01:25,030	Not notification type of yeah the bottom line here is the, the Stutzman County Board has been very, uh, adamant and the commission to let everybody know downstream that there’s an ongoing activity because if the water comes through, they don’t want anybody to be surprised, so. OK.

01:01:45,130	We can move on to the years of service submittal to the North Dakota Water Resource Districts Association, Dennis, you get an update this morning, I was gonna start to put together a list of past and current board members to submit. It’s, I think it’s due to them by November 1 if I recall correctly, so.

01:02:04,330	Um, I probably will just, uh, attempt to populate it as best I can, um, with, you know, maybe with some assistance from Wendy in our records just to. Get people in there and it’s the threshold is 20 years, so we probably don’t have anyone in our history that meets it, but you know, I think at a minimum we could just submit current board members just so that they have a record of when.

01:02:21,600	Services started at least by current board members. OK, so I’ll continue to do that and I’ll just report back at the next board meeting if that’s OK with the rest of, I assume even Michael and Dave might have some. So Understanding of the history of some of the board members. He was there, got lots of memories.

01:02:38,600	I don’t perfect, but I think Dave and I both have a lot of history of our own. leave it at that. OK, Dennis. All right, uh, in case any updates regarding OM agreements or anything this morning? OK, uh, annual inspections being completed this fall is that? Uh, just the MRCC at this point.

01:03:04,770	Um, obviously we get the contract in place, you know, with, with Travis, there’s a possibility that the other one Fox Island or whatever. I know there’s been discussion with, uh, Marcus a little bit on some of those, um, But yeah, we can touch base on where those go once we get the contract in

01:03:20,530	place. We can always have Nick do them as well, uh, but, you know, we’re scheduling and as busy as things are, it’d be nice to get it on a routine. So Very good OK. Right, moving on, uh, Roger, any updates regarding the EAE meetings and get a few happening this month, I think in October we had the.

01:03:44,270	We being the Missouri River Joint Board, um, hosted. Public meetings around uh. Western North Dakota, I think there were 7 total, uh, Dickinson, Williston, Newtown. Uh, not Eula, Washburn. And then You de I think that’s it. I didn’t personally attend any. I don’t know that did you go to to Dickinson and to uh.

01:04:20,070	Man in And both cases we had interested parties. Uh, 20 to 30 people. Uh, good questioning, good answers. And Nothing. Real exciting stands out with that board right now. Uh, they’re just kind of. Keeping temper To my knowledge, the next board meeting is December.

01:05:01,070	I don’t remember the date, yeah, the, uh, and it’s always in conjunction with the convention convention convention preparing a Annual type of report to get at that one. So their last meeting, um. And EE is the hot topic right now and it’s doing very, very well. Yeah, I, I think it’s meeting its purpose, trying to educate. Inform people and. Seems to be Doing that at some level.

01:05:29,500	I haven’t read it yet, but I got uh. A messages from Wade, um. Who was the chair of the Missouri River, Jo Bo. Um On a poll done in schools, so, uh, I’m interested in reading. I just got it, so I haven’t. haven’t uh digested that yet. And then the only other thing.

01:05:53,470	Is that the new joint powers agreement is in the agenda book, uh, prior to the December winter meeting, we will have, we’ll want to be in a position to where we’ve, uh, Um, We would be rejoining that joint board by signing that new joint powers agreement. I’ve rehearsed in the past what the difference is between the old joint powers agreement.

01:06:20,730	If you’re interested in getting the red line copy, uh, I can send that out to you, uh, individually, right? Or do I need to put it in? The agenda, you can send that out and uh and that’ll give you, but basically it. It allows counties outside of uh.

01:06:44,500	One time it was limited to counties joining the Missouri River opens it up to anybody, any county that’s in the watershed. It allows um Water resource districts to send representatives to the joint board that are not necessarily members of that water resource board, so, uh, and then it talks about quorum and uh a new fee schedule.

01:07:11,400	Did you guys discuss we had talked about last month’s meeting about whether the person that would be appointed had to be a member of that, you know, live in that county. Did that ever get, I, I, I neglected to bring that up. Uh, And uh no, it didn’t, it hadn’t gone anywhere. I’m not too concerned.

01:07:29,530	I know we just discussed it last month, but yeah. Yeah I noticed that the identify and well this is probably as it always was, it just reaffirmed there’s an alternate that they recommend appointing, right, and that alternate attend meetings as well, OK, sorry. One of the things, Mr.

01:07:55,730	Chair, on that is the, the conversation of a quorum, because obviously you’re expanding to a number of boards and the number of boards that are being expanded to, uh, not all of them are direct participation, in other words, they’re not always available, which is the first person for being basically assigning somebody who has an interest in it and having an alternate so if that first person can be there, the alternate can.

01:08:13,470	So number one, it expands the knowledge base, the whole aspect of EAE, uh. expands the knowledge base and it expands the participation level. So Has the board ever considered like doing if, you know, remote if somebody wanted to join in by, you know, be they have they have at the last couple of meetings, Roger, I believe, had

01:08:32,530	the, the team’s connection, yeah, that’s gonna become more standard because forum. Make it be the uh. More of a challenge. Yeah. One of the ones I would add, Mr.

01:08:56,000	Chair, I attended 3 of the EAE, uh, meetings, um, And I’ve, I’ve stressed this from the Missouri River perspective for some time is that the state really needs to be looking at what the, um, The water allocation of the compact might look like.

01:09:15,370	There were a lot of tribal representation at those meetings and they’re looking at their, their water rights and basically saying, hey, be very, you know, we’re here, by the way, be cautious of us and or careful, you know, what you’re asking for because we have rights too, which is true. So I think that’s probably a a major topic that’s floating out there that, uh, will need to be addressed in the, in the coming years.

01:09:35,000	Um, Uh, program manager Royce just to send out something in a news article about downstream about, uh, the demands for water and the increasing demands for water based on the overall climate change, um, mindset that’s out there. Let’s put it that way and, uh, the Holy process is about educating and preparing for what may come so. OK. Very good, thank you, Roger. Thank you, Michael, any other.

01:10:01,070	Questions On that, if not, uh, I think there’s no no updates on the policy manual, manual and then I don’t, might go anything on the ice jam. No, um, that just kind of got set to the back burner.

01:10:17,200	Um, I had had some questions relative to the, um, Advisory on the, on the BFE had some discussions with the city as well on a couple of those things and, um, everybody still thinks that’s a. Um, a valuable approach. So we just need to. Get back to it when things slow down a little bit. OK, thank you. OK, moving on to item 11 this morning. New business.

01:10:38,000	We had one item there just in your pack and on page 91 is our annual, uh, joint funding agreement with USGS for our Apple Creek, um, Minoan gauge. So we have the cost of. $6200 that we’ll have to pay, so we’ll probably do, uh, take some action this morning to to pay that again, so.

01:11:02,330	Any questions on that? So in the This month’s bill, billing, OK, so we can, we can disapprove it at that point then. I think you have to sign that annual agreement. Oh yeah, yeah. So we’ll need to prove. Chair signed the. Got a motion my manager reaping and second by manager Jones to sign the agreement with USGS for Apple Creek gauge and make the payment. When do you take roll call vote, please? Smith, yes.

01:11:34,070	Reid, yes. Andrew Jones, yes, Man Benegar Charman Lane. Yes, motion passes. OK. We can talk about this in the bills, but I, I just noticed our bill amount is not the same as this agreement amount. It’s apparently there’s like a $110 increase. Oh yeah, was for last year.

01:12:04,030	Oh This would be, so they pay it after? OK. Thank you. Yeah, very good. OK. Alright, moving on. Next item, just to add more information in your packet if you want, uh, regarding kind of plots and stormwater management plans can be available upon request with Wendy. There’s a few of the uh listed plots there.

01:12:31,200	The thing is of great significance to our board, just more informational. Moving on to item 13, approval of this month’s bills. OK. Yeah, Mr. Chair, just for the record, um, you have bills in front of us and I was just looking confirming that the, yeah, that, that they pay, they bill us at the end of the cycle, which is a little bit different maybe,

01:12:50,870	but um. Page 9095, you have the summary bills in the amount of $79,414.22 so I’ve gone through everything and appears to add up. It’s all second to the Chair Jones or Comm. Jones motion. OK, I got a motion by manager Jones and the second by manager Reap to approve this month’s bills.

01:13:16,600	Pay them When do you take roll call vote, please. Andrew Andrew Andrew Smith, yes, yes. Andrew Jones, Man Beer, Chair Leinberger. Yes, motion passes. Bills will be paid. And the remaining items in your package is kind of more detailed information on the on the bills for this month.

01:13:39,600	Uh, next meeting we do have our special board meeting on October 28th following the public hearing for Hope Island project and then The next month’s meeting will be November 13th. At 8 a.m. in this room. Mr. Chair, Mr.

01:13:59,800	Chair, before we adjourn, uh, I don’t know whether you noticed on Monday night we had a regular county commission meeting and one of the items that came up is we are questioning the value of the garrison diversion project, which, um, for a benefit for Bernie County. Bernie County, uh, has to donate as part of their membership, $700,000 a year, which is 1 mil and that changes depending upon the value of the mill. But anyway, we, we felt, we do feel that.

01:14:20,230	We get very little benefit out of it and we’re trying to opt out of it and we did move forward to For our attorney to our state’s attorney to look into how we did that and she gave us a report and, uh, one of the main things that Bertie County has to and has the burden of proof

01:14:36,770	is that, uh, Bernie County has to prove that there is no benefit from garrison diversion for Bernie County. Well, the only benefit they have right now is 35 acres of irrigated land right along the northern border of Vernon County and uh they did donate.

01:14:58,700	In 2024, uh, under the recreation grant,,,, $50,000 to the Bismarck Bald diamond down here to put a new, uh, floor in a new artificial, uh, outfield or whatever you want to call it, but anyway, that was the only thing they did in 2024. Nothing in 2023.

01:15:20,000	In 2022, I’m not exactly sure what it was, but anyway, we felt that uh Due to the, uh, Tax tax problems we’re having with Bernie County and other entities, uh, we thought we should challenge that and we’re going to go ahead and do that, but if the water resource district has some input on that, uh, they should come up with this group should come up with a uh a letter to our state’s attorney or something like that

01:15:36,470	indicating what value does garrison diversion provide to Bertie County and, uh, there’s several other things that go along with it, but that’s a major thing that we’re gonna have to overcome is are the Is there any uh value to Bertie County for the waters for garrison diversion.

01:15:54,730	Most of their money is going to the eastern part of the state for the Red River Valley flood control project and like 98% of their money so far is a major, major portion is going out there which we felt is Bertie County want to contribute a lot of money and 700,000, it adds up over, you know, 3 or 4 years, we don’t get any activity

01:16:12,270	they’re up to a couple $2 million or more, and we felt Well, we, we thought they should justify their existence to us, and it’s not that way in order to get out, it’s the other way around. We have to prove that there is no benefit to Bernie County.

01:16:31,100	So I would challenge this board to uh come up with some kind of proposal and Michael probably can tell me right away what they do for us, but we don’t know exactly what that is.

01:16:45,930	Maybe we can cut this off at the pass and make it not as much of a project as it, as it could be because our state’s attorney already warned us well this Legal battle and it could 11 other entity challenged it years ago and went to the Supreme Court and they lost, so it, it, we have an uphill battle as far as Bertie County is concerned, but we are proceeding with it.

01:17:03,470	So any information we can receive from this group as to what they’re providing to Bernie on Water Resource or to Bernie County in general, it would be greatly appreciated, Mr. Chair. Did the board take action, the Commission take action or we voted to go ahead and proceed with the with the.

01:17:21,170	Uh The the procedure and it’s a written procedure on how to do that, how to get out of, out of, and it can be done. It has never been done as far as I know, but there’s some things that we objected to.

01:17:37,130	There’s the county east of Burde County, which one they’re not a member, but then the other county where Stutson Tutsman County is Jamestown, they are a member and Martin County is not a member and it was a lot of things that we weren’t real comfortable with and uh we keep kicking in, uh, the taxpayers keep kicking in uh one meal a year and. And we need to justify that, I guess the commission consider asking garrison diversion to come and present.

01:17:56,330	They were there on Monday night and they, we, uh, uh, challenged them on a lot of things, and they had their attorney from the Vogel firm was there to, to give us the legal aspect of it, but, um, their manager, their overall manager was there and he gave a presentation and We’re still, we’re still proceeding so far

01:18:14,530	so if anything, any benefit can come out of that from this group one way or the other we’d like to know. As soon as we can. OK. Thank you, Comm.. Uh, any other thoughts, Michael, or do you, yeah, a couple of things, um, just for the point of record for everybody to understand, um.

01:18:34,200	And this is probably brought up during the meeting because I didn’t get to listen to it. But Burleigh County actually petitioned to be part of the conservancy district. They were not part of the original conservancy district. So you asked to be in. Which is fine. It’s just the way it is, and there’s been a lot of discussion.

01:18:49,070	I think part of this comes down to the same thing, um, and I think you understand the process. It’s, it’s like EAE. It’s a lot of education and background, um, you’ve been around for a while, a number of the commissioners don’t necessarily know the background and there’s not necessarily a, even though you have, uh, an elected representative to the Garrison

01:19:10,470	Conservancy District. That information or communication is not always coming back to the commission, so you can hear what’s going on. So I, I see part of its communication, part of it’s a little bit of education, the.

01:19:28,130	County commission may still decide to proceed, which is, which is prudent, but I think there’s, uh, gaps in information that needs to be shared, um, as part of that decision process, which is I think what you’re asking for as far as joining the, the district, uh, that was a long time ago, 30 years or 40 years ago, I don’t know how long it is, but and there was some value back then they

01:19:42,700	contributed a lot to the Bertie County Water water, uh, rural water system, so that was a major thing that they did for us and, and they have done some benefit, but we look. At the last 5 to 10 years and we’ve got some recreation grants out of it, which amounts to a little bit.

01:19:58,030	We got some playground equipment here and, and that type of thing and, and the ball diamond and, and they gave us a list of that, but it certainly what didn’t when you add 700,000 a year up 234 years, it’s, it’s a lot of money and we were being very.

01:20:15,200	Constructive criticism I guess is what we were trying to get and uh. That’s, that’s where we stand, so yeah, good. Yeah, we’ll keep that under consideration, Comm., and I, I do know, I wasn’t sure if you listed that you received from Garrison Conservancy District included some of the grants that we had gotten for uh for this board for Al McDowell Dam.

01:20:35,570	Because we, we did apply and we did receive a couple grants do have to apply for it and and and Brodie County has applied over the over the years and I’m not disputing that.

01:20:52,500	I’m just disputing the last 567 years of what we have and maybe we should, but when we submit something, it’s usually out of the recreational grant portion of it for a new ball diamond. That’s what we applied for too as well and we did receive those those funds most, in most cases you do.

01:21:10,000	Sometimes half or what a 3/4 or whatever, but, uh, anyway, we’re questioning it now and we’re doing the same thing with the medical school that we contributed a, I shouldn’t say we, but the Bertie County taxpayers contributed a mill there, which is another 700,000. We’re looking at things that we were we’re automatically have to, have to join or have to be involved and we’re trying to question whether the value is there. Don’t make sense. Chair. Comm.

01:21:28,370	Woodcox, is there a time frame where you’d like to see anything from the board if we would decide to I think before the end of the year, I mean, we’re proceeding with the legal portion, but that takes time and so the sooner the better, the next 60 days. OK, thank you.

01:21:45,270	And I was just curious, was there, was the Burley County representative at that meeting? Oh yes, yeah, but he’s new and he didn’t, he’s new he’s getting his feet wet, so, uh, he didn’t have a whole lot to say, but the president of their board was there or the Chair of their board was there and their attorney from Vogel Law firm.

01:22:04,570	They give a good presentation, but Larry, it still is, yeah, OK, the And again, Larry is an elected representative from Burley County. So Duanne DeCree was there or I presumed Wayne DeCree was there. I think it was the name yeah. Well we rolled them over pretty good. Never heard staff’s question.

01:22:31,730	I’m thinking that, well, if they, they, their presentation is probably about as thorough as you’re gonna get, um, you know, it’s from, so I guess, Mr. Chair, from a Burleigh County Water Board perspective, I mean, I, I think it’s kind of a a little bit of a shock to me hearing about this, but um, you know, I, I would think they would have provided.

01:22:48,930	Um, any background that’s, you know, beyond individual projects where financial transactions or had, you know, the, the education of North Dakota as far as Missouri River water, you know, there’s a lot of other things that come into play.

01:23:05,400	I would think they would have covered those pretty well and I’ll look at the, at the presentation, but they didn’t have much on the education their presentation, but you know just more from a statewide perspective and the value that they may bring to the state, um, might come into play a little bit.

01:23:24,130	I’m not saying that would sway anybody on the county commissions, and I think, uh, the amount of money that they’re sending to the eastern eastern part of the state, not that we’re against the eastern, Eastern North Dakota, but uh we want to see some benefit for Bertie County. knows that a 1 mil for every county is that, is that one mill in every county I think there’s 28 or something like that counties that are that evolved. OK.

01:23:42,870	All right, thank you, Comm.. Yeah, we’ll see if we can put together something and provide that. OK, and your thoughts on that? They were a large contributor to the uh AEA program. They are, yeah 10,000. You know, this is the conservancy district pays 25% of the total of the EAE program. Yeah That’s.

01:24:15,200	County commissioners are digging into, you know. There Or more to find other board level. I don’t know if you want any type of action from the board. I mean, I certainly would be willing to put together any thoughts that we might have as a board that would go forward to the commission, um, and I don’t know what they’d be.

01:24:36,530	I mean, I’m not saying that there’s, there’s a great argument there from from the county commission’s action, but I think it should be something that we should consider doing and put something together and Mr. Chair, I, I hold multiple hats, as you know, um, I would volunteer to work with Dennis to.

01:24:55,370	You know, come up with some background information, um, I can obviously visit with Dwayne. I’ve got a good relationship with him. I’ll, I’ll have to watch the presentation to see what was presented, but, um, I would do this on my own time just for background information because I’m, I like to be educated and I like to educate others on the Missouri River

01:25:12,000	issues. Yeah, and I was thinking about that too as far as you know, Dennis to your point of, you know, we have a lot of perspectives here folks and what we do in the state and projects and you know, there’s, you know, sometimes you don’t always see that direct, you know, dollar benefit, but yeah,

01:25:25,370	so certainly if there’s some language that you two could come up with that try to make sure you keep it to the. Burley County, you know, resource district and what. Mr.

01:25:42,330	Chair, I’d be happy to work with Dennis, uh, I was gonna ask if there was a legal I think there are a number of elements here that uh would be good to discuss. Very good. OK. Thank you. All right. OK, like I, like I mentioned, we do have the October 28th meeting, special meeting following the public hearing, and we do have a meeting on Wednesday, November 13th, in this room as well.

01:26:01,330	Uh, there’s no other business before the board this morning. We are adjourned.