00:00:06,470	But just stand because then we’ll do the pledge after the prayer. Yeah, let’s do that. God, we just, uh, thank you for today. Uh, we, uh, look for days like this that we can just uh dream about uh planting and all those kind of things that are ahead, but We know God that there’s uh still some, some

00:00:27,300	things to come and we just wanna, uh, thank you for the blessings that we have right now. I pray that you’ll be with this meeting tonight and all that’s going on, the agenda, and, uh, God, I, I think about those that are out there on the street, the first responders that are protecting us, so we

00:00:43,000	can have the freedom to be able to come here and have these public hearings. So be with each one of these commissioners as they, they serve this county and, uh, we do the solemn name of the Father, the Son and the Holy Spirit. Amen.

00:00:57,730	And I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. Thank you. OK, I’ll call the March 3rd, 2025 meeting to order. First item on, uh, The agenda is roll call the members.

00:01:28,800	Comm Bakken, here, Comm Schwab, here, Comm Woodcox, here, Comm Munson here, Chair Bitner here. Next is the approval of the agenda. Um, I’ve had a request to move, Item 7. Which is Bismarck Parks and Rec operation Director David Mayer, and then item 11.

00:01:53,500	is under Sheriff Leben for the Burleigh East Renovation renovation bid proposal. Up, um, And so I would, I would ask for a motion to approve the agenda with those changes. Move to approve. Second, motion to approve any further discussion.

00:02:12,500	Munson. Yes. Comm Bakken? Yes. Chair Bitner. Yes, motion carries, um. I guess I could have said where we’re going to put that. We’ll put it right behind the consent agenda. Right ahead of public hearing. Uh, consideration of the December 16, 2024 meeting minutes in February 19, 2025, meeting minutes and bills, Commissioners.

00:02:37,170	I had an opportunity to review the bills and uh pending clarification on one signature, move to approve. The bills only. Yeah. OK. Second. The motion is second to approve the bills pending, um, signature as noted. Any further discussion? Seeing nonculable. Comm Woodcox. Yes. Comm Munson? Yes. Comm Bakken? Yes. Comm Schwab. Yes. Chair Bitner.

00:03:04,530	Yes, motion carries, um, with regards to consideration of the December 16, 2024 meeting minutes in February 19, 2025 meeting minutes. Um, I guess I only had one question unless somebody else has a question. Um, I was wondering. OK. Comm Schwab, go ahead. Uh. In the 123, 4th bullet point. Page 2.

00:03:31,030	Which, which meeting are you at? December? Pardon me? December, December minutes. December 16th? Yeah. OK. Uh, you modified opinion of the 2023 annual audit from the state auditor’s office was highlighted to show The Commission that no funds in Burleig County were mishandled or misplaced. When was this? Does anybody remember? would have been, uh 23 audit we received in 2024. No.

00:04:08,370	No, it was a 2023. It’d be the 2023. Yep. That was last year, wasn’t it? Well I think that’s incorrect. Because. There was, I believe, 3.7 million. not accounted for. OK. That was sitting over at the State Bank. Now I guess you could approve that, but I don’t think it’s right. till we check into that.

00:04:45,170	OK. Because he’s saying Nothing here And I’m saying I think maybe there is something there, 3.7 million. OK. That wasn’t. In that audit. Dave, can you speak in your mic, please? Oh, sorry. The auditor is Is uh Saying that there was no money misplaced or mishandled. And I think there was money. 3.

00:05:22,130	7 million. In an account that wasn’t Accounted for at that time and if it would have been instead of raising the mills, 7.5 meals I believe we raised it. We’d only had to go one mil. And that’s the point. Mhm.

00:05:47,730	OK, I, I, I think we could rely on the, the finance department to look into that and and we’ll ask the auditor to do as well. OK. So I won’t vote to approve the minutes. OK. Commissioners any other comments on that? Mr. Chair, I move we approve the February 5th, is it? February 19..

00:06:14,370	2nd, motion of second to approve February 19 meeting minutes any further discussion, seeing noncultural. Comm Munson. Yes, Comm Bakken. Yes. Schwab. Yes. Comm Woodcox. Yes.

00:06:29,370	December 16 minutes until we get clarification on that. Second. The motion a second to table. December 16th meeting. And I guess I’d like a little further clarification and that we give the auditor an opportunity to do that in the, uh, second bullet point. Um Where the auditor is explaining the investment yields versus budgeted yields and whatnot.

00:06:54,400	It comes to a A calculated loss in 2023 amounted to 0.0088%. And the loss of 2024 1st quarter, an amount of.0018%, and I would, I would like to see the math, um. That got to that.

00:07:23,470	It seems like such a statistically insignificant number that It I don’t understand and like conversations with others, we don’t understand what the math would. How the math would lead to that. So I’d like for clarification on that. To In addition, rule. Or did we? The table’s motion to the table. Motion table, yeah. Yeah. Uh, Comm, uh, Bakken. Yes. Schwab. Yes. Comm Woodox? Yes. Comm Munson. Yes. Bitner. Yes, motion carries. Next thing is consent agenda.

00:07:57,470	Abatements, second excess permit, special use permits, updated memorandum

00:08:03,830	Anybody wanna pull anything off the consent agenda for discussion. Move to approve. Second, motion of second to approve the consent agenda in further discussion, see none call the roll. Comm Schwab. Yes, Comm Woodcox. Yes. Comm Munson. Yes. Comm Bakken? Yes. Chair Bitner. Yes, motion carries.

00:08:26,800	Next would be item 7, moving ahead of item 6, Bismarck Parks and Recreation operation Director David Mayer, South Washington Street Trail Companion Agreement welcomed in. Chair Bitner and Commissioners, good evening. Uh, as discussed at our last meeting, I was planning to come to you with the companion agreement.

00:08:51,300	And that is in your packet, um, at that time I wasn’t aware that the county had already signed the agreement with the North Dakota DOT for the trail project so you already have that agreement signed and agreed to between the DOT and Burleigh County.

00:09:08,370	And that is exhibit A and the attachment and the first two pages would be the companion agreement, which is basically as we call it short term is kind of a pass-through agreement, uh. Putting Bismarck Parks and Rec as financially responsible for the construction of the trail and not Burleigh County. So that’s with uh our recommendation would be to the board to approve it unless there’s any questions, Comm, any questions? I would move to approve.

00:09:29,230	It’s like motion of 2 to approve. Any further discussion? Chair Mr. Woodcox. Only the US government and North Dakota DOT and who are we got 15 pages for this agreement. 15 pages. Ridiculous. I’m going to go. 15 pages. If you call the police. Comm Woodcox. No.

00:09:54,830	Yes, motion carries. Thank you. Objection noted. Thank you, Dave. You just created more paperwork by voting no. No, no, no. Oh, look at that, look at that pile. Next will be item 11 under um Sheriff Leben, Burleigh East Renovation bid proposal. Good evening, Mr. Chair, Comm, I’m going to keep my part short.

00:10:15,770	I’ve got, um, Jeff Ubl with Ubl Design, our architect. We’re basically at the point we’re ready to go out for bids on the project, um, I’ll turn it over to Jeff, the state’s attorney has approved the advertising, um, so I’ll bring him up if you have any questions.

00:10:35,670	For him or myself, we can get them answered. OK, um, For the purpose of this discussion, I’m going to abstain from the discussion just in case my company would bid on that project and then turn this item over to Vice Chair Bakken. Uh, thank you. Yep.

00:10:57,830	Good evening, Chair Bitner, Vice Chair Bakken, uh, as the sheriff said, the project is uh design is complete, the project is ready to be bid. Um, tonight, all we’re seeking is authorization to seek bids on the project. Um, per usual, once the bids are received, we’ll come back to present those bids to the commission at that time.

00:11:14,000	Uh, if you have any specific questions on the project, I would be happy to answer those at this time. Any questions for Mr. Ubl? Comm Woodcox. Do, do you have a, uh, engineer’s estimate of the estimate is, is, uh, getting completed over the next day or two, so it’s pretty close, but I will say, uh, Comm Woodcox, that we do, um,

00:11:33,170	knowing that funding is sensitive on this project, we have. Built into the project, a series of alternates that’ll give the commission some flexibility. Thank you. Any other questions? Anything else to add? Nothing for me. Thank you, Kelly, did you have any other, uh, anything else to add? OK, thank you. Which is the commission? Moved to approve.

00:11:57,100	Second. Motion second for the discussion. Harry, call the roll, please. Comm Munson, yes. Comm Bakken. Yes. All right. Chair, uh, Comm Schwab. No, Comm Woodcox. Yes. Motion carried, uh, Comm Bitner, back to you. OK, we’re gonna, we’re just gonna play like ping pong here. OK. Thank you.

00:12:23,300	The, the next item on the agenda is public hearing regarding plan on redesignating elective office of Burleigh County Auditor, treasurer to a point of office, um, that is one of my portfolios.

00:12:42,470	And as such because I’m the portfolio holder, I’m gonna turn the, uh, public hearing over to, um, Vice Chair Bakken. All right, thank you. Um, So before we get into the public hearing on this, um, and thank you for everybody who’s here, uh, we do have, uh, Um, multiple meetings sled up so that those that do wish to speak will have an opportunity, um.

00:13:02,770	Uh, we’ve got some housekeeping on the online survey. We’ll get to a little bit later, um, but I did want to run through, uh, as per the century code, just so it’s on the record, uh, the duties of the county auditor and the duties of the county treasurer in our case, of course, they’re combined duties.

00:13:21,500	Um, so Century code 11-13-01, the county auditor shall qualify and enter upon the discharge of the duties of office on the first of April next succeeding the Auditor's election. The duties of the county auditor, which is subsection.

00:13:36,370	02 county auditor Shall one act as a clerk of the board of the county commissioners and keep an accurate record of the official proceedings of the board to prepare a financial statement of the county annually unless otherwise ordered by the Board of County Commissioners.

00:13:52,500	3 upon receipt of any document, bond, or other paper required to be filled in the auditor’s office number and index the same and make the proper entries in the reception book for carefully preserve all documents, books, records, maps, and other papers required to be deposited or kept. In the auditor’s office.

00:14:09,500	5 have recorded in the office of the recorder all bonds not issued by the state bonding fund that are required to be deposited in the auditor’s office. 6, perform and transact all county business without extra compensation. 7, Ke all books required to be kept by the board of County Commissioners.

00:14:29,470	8 file and preserve in the auditor’s office all accounts, vouchers, and other papers, uh, pertaining to the settlement of any and all accounts to which the county is a party. copies of such papers certified under the hand and seal of the auditor shall be admitted as evidence in all courts in this state.

00:14:48,470	9 perform all acts required of the auditor relative to the making out and delivering of notices of general and special elections, making abstracts of and canvassing the votes cast at an election, uh, issuing certificates of election and forwarding the abstract of votes cast by the cast to the Secretary of State. 10, on or before August 1st of each.

00:15:09,300	Odd numbered year report to the insurance Comm the sound depreciated value of each county building or risk and the contents therein. 11 ongoing out of office, delivered to the successor in Of All Mos, books, records, documents, maps, papers, vouchers, and other property in the auditor’s hands belonging to the county. And in the case of the death of the auditor, the auditor’s personal representatives shall deliver the same to the auditor’s successor.

00:15:30,470	12, do and perform all acts, not. enumerated in this section which the auditor is required to do by law. Section 11-13-02 subsection 1, duties of the county official in rendering services to private individual firms or corporation fees to be charged disposition of fees, records to be kept, any county official is not required to compile statistical information for

00:15:52,100	private individuals, firms or corporations other than that required of the county auditor by section 11-13-15, a county official may compile statistical Information for private individuals, firms, or corporations upon payment of a suitable charge which must be commensurate with costs to the county of providing the services.

00:16:12,930	If the service takes more than an hour to provide the board of County Commissioners shall determine the fee, which may not exceed the sum of $25 per hour, excluding the initial hour for time consumed compiling this statistical information. The county officials shall remit the fees each month to the county treasurer for credit to the county. fund.

00:16:33,170	The county officials shall keep a complete record of fees collected under this section. Section 11-13-03 Auditors reception book. Uh, 11-13-04. Auditor is chief financial officer of county to keep account with treasurer, the county auditor shall be the chief financial officer of the county and shall keep complete and detailed records of all financial transactions of the

00:17:00,370	county charging the treasurer with the amount of all property taxes assessed and levied by the state and by any taxing subdivision together with all interest penalties and other costs turned over to the auditor by the auditor’s predecessor.

00:17:21,270	In determining the treasurer’s responsibility for collections, the county auditors shall credit the treasurer with all tax payments, cash discounts allowed, abatements, the amount of uncollected taxes delivered to the treasurer’s successor in office or other credits as provided by the law.

00:17:41,000	The county auditor shall charged the treasurer with all monies collected by the treasurer or received by the treasurer in the treasurer’s official capacity and shall credit the treasurer with all payments by warrant or as otherwise provided by law. with all monies delivered to the treasurer’s successor in office. 11-13-05 deals with verification of cash, 11-13-06 Auditor to issue warrants to taxing districts upon application of the treasurer of any local taxing district.

00:18:04,470	The county auditor shall give the treasurer an order on the county treasurer for the amount due such local taxing district and shall charge the treasurer with the amount of such order and at the same time shall notify the clerk of each local taxing district of the issuance of such order, but the county auditors shall not issue an order as in this section

00:18:22,570	provided until the bond of the person applying for such order shall have been filed as required by law. 11-13-07. Couny Auditor to keep tax deed record.

00:18:42,300	The counter auditors shall keep a record to be known as the Ta Deed record in which the auditors shall enter a description of the land foreclosed for unsatisfied tax lien. The date when the notice of foreclosure of tax lien was issued. The date and description of the return of service of such notice and the date when the tax deed is issued. 11-13-08 uh deals with certified copy of tax deed record, prima facie.

00:19:00,100	Evidence, the, uh, certified copy of the auditor’s text, uh, deed record or any part thereof given under the hand and seal of the county auditor shall be prima facie. Uh, evidence in the courts of this state of the matters and things therein contained.

00:19:19,200	11-13-09 auditor to furnished copies of proceedings of board of county commissioners to newspaper. 1-13-10 Auditor to certify abstracts fees. 11-13-11 Auditor repair plats. Of school district’s record.

00:19:42,230	The county auditor shall prepare a record of plaques showing the boundaries and the names or numbers of the various school districts in the county, such records shall remain in on file in the auditor’s office when the boundaries of a school district are changed or when a new school district is organized, the county auditor shall make a record of the same 11-13-12 Auditor’s certificate of taxes and special assessments on deeds, contracts for deed, plats, replats and patents.

00:20:01,470	One, whenever a deed contractor deed, Patent is presented to the county auditor for transfer. The auditor shall ascertain from books and records in the auditor’s office and in the office of the county treasurer, whether there are delinquent taxes, special assessments, or an unsatisfied lien created under section 57-02-08 subsection 3 against the land described in the instrument or whether the land has been sold for taxes, uh,

00:20:23,370	Subsection A, if there are delinquent taxes, special assessments, or an unsatisfied lien created under section 57-02. 08.3, uh, against Lanz described in the instrument, the auditor shall certify the same when the receipt of the county treasurer is produced for the delinquent and current taxes or special assessments, the auditor shall enter taxes

00:20:42,000	and special assessments paid and transfer accepted. B, if the land described has been sold for taxes to a purchaser rather than the county, the auditor shall enter taxes paid by sale of the land described within and transfer accepted. Uh, if the, uh, see if the. instrument presented is entitled to record without regard to taxes.

00:21:04,830	The auditors shall enter transfer accepted, acceptances required under the subsection. This, uh, be a, must be accompanied by the auditor’s signature. 2, whenever a deed contractor deed or patent is presented to the county auditor for transfer.

00:21:24,100	The auditor shall ascertain from the books and records in the auditor’s office, whether there are current taxes, Curr special assessments, or an unsatisfied lien created under Section 57-02-08. 0.3 against the land described in the instrument. If there are current taxes, current special assessments, or an unsatisfied lien created under section 57-02-08.3 against the land described in the instrument that the auditor shall place a statement on the instrument showing the amount of any current taxes.

00:21:50,230	Current special assessments or unsatisfied lien created under section 57-02-08.3, when the receipt of the county treasurer is is produced showing payment of delinquent and current taxes and special assessments and satisfaction of all liens created under Section 57-02-08.3.

00:22:12,170	If any, the auditor shall Excuse me, Comm Bakken, um, if we can get on with the public hearing and we are going to get on with the public hearing. This is just going into the record. This will be the first and only time at any of these meetings. Then submit it into the record, you don’t need to read it out loud.

00:22:22,370	Uh, nope, I want this on the record for those watching at home. We got a second over there. That’s the county, county resident. You have a lot of people out here that don’t that’s fine.

00:22:36,200	I have signed in on the public hearing, so, You can, you can, you can stop your winter you can enter it into the, the main Re. This is gonna be on the record on or you have such a denigration of your constituents that you’re gonna waste our time. This is not how many people would like to continue. Is continue.

00:22:53,230	No, I wanna hear what I want it on the record. This is as per the century code. How many have read the century code. I want it on the record. Yes. OK. And this will be on the record.

00:23:11,100	Uh, A, Curr special assessment means special assessments that have been certified to the county auditor for collection, but are not yet delinquent and have become due on the first day of January under sections 57-20-01. Burr taxes means real estate taxes as shown on the most recent tax list prepared by the county auditor, which are not yet delinquent and have become due on the first day of January under Section 57-20-01.

00:23:30,100	3, whenever a plat, replat auditor’s lot or any instrument that changes the current property. Description including condominium ownership, established under Chapter 47-04.1 is presented to the county auditor for transfer. The auditor shall ascertain from the books and records in the auditor’s office and in the office of the county treasurer, whether there are current or delinquent taxes.

00:23:52,170	Special assessments or an unsatisfied lien created under section 57-02-08.3 and after February 1st of each year, the tax estimate for that year against the land described in the instrument or whether the land has been sold. for taxes. If there are current taxes, delinquent taxes, delinquent special assessments, installments of special assessments and unsatisfied lien created under section 57-02-08.

00:24:15,400	3 or tax estimates against lands described in the instrument, the auditor shall certify the same. 11-13-13 Auditor’s record of transfer of title to real property. 11-13-4 Auditors cert uh certificate on conveyances to the state of North Dakota recording conveyance whenever any sheriff’s deed or other conveyance of real property acquired by the state of North

00:24:38,530	Dakota doing business as the Bank of North Dakota or any state agency for which the Bank of North Dakota acts as agent is offered for recording. The county auditor shall enter such transfer, and the recorder shall record the same without regard to the payment of any taxes due thereon.

00:24:56,170	Section 11-13-12 if not applicable there too in such case, the county auditor shall enter on the sheriff’s deed or other conveyance other than the County Auditor’s official signature, the words transfer accepted, and the recorder then shall receive the record the same.

00:25:21,100	11-13-15, County Auditor furnish tax information to mortgagee of lands in county 11-13-16 when county auditor may call special election whenever the board of county Commissioners fails or refuses to call a special election required by any law of the state, the county auditor may provide for and call such election upon the petition.

00:25:39,300	Of a majority of the qualified electors of the county as determined by the poll list of the uh the last preceding general election. 1-13-17 uh refers to destruction of county records, 11-13-18, uh reporting name and a blind person for which exemption is claimed. County treasurer 11-14-01, treasurer eligible to 2 terms only. Uh, 11-14-02 when county treasurer to qualify and take office.

00:26:13,470	11-14-03 refers to additional bond, which may be required of treasurer whenever the county treasurer has furnished a bond by personal sureties or by a surety company, the board of County Commissioners may require the treasurer to give an additional bond or additional sureties. If in the opinion of a majority of the commissioners, the existing uh security shall have become insufficient. 11-14-04.

00:26:36,470	Failure to give additional bond. 11-14-05 County treasurer to certify abstracts and fees 11-1406, county treasurer to receive and pay out county money. County treasurer shall receive all monies belonging to the county from whatever source they may be derived, and all other monies which by law are directed to be paid to the treasurer, the treasurer shall

00:26:59,470	pay out monies belonging to the county only on a properly drawn county warrant or in any other manner provided by law. 11-14-07 treasure to keep record of cash.

00:27:17,930	11-1408, duties of the county treasurer, uh, for the annual settlement, the county treasurer shall keep a just and true account of the receipts and Expenditures of all tax monies which shall come into the treasurer’s hands by virtue of the treasurer’s office in books or records to be kept by the treasurer for that purpose, such books or records shall be open at all times for inspection by the board of county Commissioners

00:27:35,670	or any member thereof by all county and state officers and by any taxpayer or taxpayer’s legal representative on the 10th day of November of each year, the county treasurer shall make an annual settlement or accounting for The collection of current taxes and for the purposes of the treasure shall exhibit to the auditors, uh, auditor, the

00:27:54,930	treasurer’s books, monies, accounts, and all vouchers relating to the same to be audited or verified. County treasurer shall be charged with the amount of the original tax list, the additional taxes assessed and penalties and interest collected to date of settlement and shall be credited, uh, with the amount of cash collected abatements,

00:28:13,500	erroneous assessments, canceled taxes, discounts, and a total of delinquent taxes outstanding. County treasurer, uh, at that time of the settlement shall furnish the county auditor with a list of delinquent real estate taxes. Taxes outstanding and a list of delinquent personnel or personal property taxes, outstanding and sufficient detail to permit the auditor to complete the auditor’s records.

00:28:38,630	11-1409 refers to treasures receipts of uh for money received and a copy of deposited with the auditor-14-10. Daily Report to Auditor, distribution of funds, the county treasurer.

00:29:00,030	I prepare a daily statement of all receipts and disbursements and shell transmit a copy of the same to the county auditor, together with all warrants and other vouchers paid and duplicate copies of all receipts, the treasure shall make the distribution on or before the 10th working day of each calendar month to the several county funds and taxing subdivisions of all taxes received and of all funds that are required by law to be distributed 11-14-11 Report to township clerks, 11-14.

00:29:21,530	12 refers to statement to township clerk of amount paid to township treasurer 11-14-13, uh treasurer’s accounts with school districts and disbursements, 11-14-14 reports of disbursements of funds to school districts, 11-14-15 receipts and warrants to be delivered to school district business manager, 11-14-16 refers to when treasurer shall pay over the funds collected, the county treasurer shall pay over.

00:29:49,800	To the treasurer of the state and to any municipal corporation or organized township or to any body politic. On the order of the county auditor, all moneys received by the treasurer arising from taxes levied and collected belonging to the state or to such municipal corporation or organized township or school district or are on or before the 10th working day of each

00:30:12,570	calendar month, provided, however, that foundation program allocation shall be made within several days of re excluding weekends and holidays, if any treasurer willfully or negligently shall fail to settle with the state treasurer at the time and in the manner prescribed by law, the county treasurer shall forfeit to the use of the state, the sum of

00:30:33,470	$500 such sum, uh, to be recovered from the treasurer, uh, or the treasure sureties on suit brought by the state treasurer in the name of the state if the state treasurer fails to bring such suit, then any citizen of the state may bring the same. 1-14-17, treasurer not credited with interest paid unless warrant endorsed 11-14-18.

00:30:57,470	Failure of treasure to make settlement, Auditor to start suit 11-14-19, treasurer, not to speculate in county warrants, and that refers to the penalties, the county treasurer shall not either directly or indirectly contract for or purchase any warrant or other evidence in indebtedness issued by the county of which the person is treasurer at any discount upon

00:31:22,170	the sum due thereon. Uh, 11 14-20, a loan. funds, refers to the penalty. 11-14-21, County treasurer’s final settlement when the county treasurer goes out of office, the treasurer shall make a full and complete settlement with the board of County Commissioners and should deliver up all books, papers, etc. to their successor.

00:31:46,770	And that is the auditor and the treasurer. Responsibility as per the century code. So, when we get into this, um, public hearing phase of this. The guidelines are, you must be a Burleigh County resident.

00:32:07,530	There is a sign up sheet at the, the table before the podium, uh, one topic for discussion, no discussion on previous Home Rule charters or other positions, um. It’s laid out that there’s a 5 minute time limit. I’m not a fan of, uh, time limits.

00:32:24,100	Thank you for everybody who’s come here to speak, and I appreciate that, um, as long as there’s something new added to the conversation, uh, please come up and speak your mind if there is nothing new to be added.

00:32:40,300	Uh, you have the opportunity on the sign up sheet to to concur with either ay or a nay on our discussion, uh, speakers, please sign in at that uh and provide a comment on that sheet at the table. Uh, try not to repeat what was already stated. If you provided comments as a previous public hearing, allow others an opportunity, respectful, and courteous, um, our public hearing dates, and we’re going to discuss this, um, um, possible change to that, um.

00:32:59,730	Due to some concerns, uh, but right now the public hearing dates are this evening at the Burleigh County Commission meeting March 17th of the Burleigh County Commission meeting, April 7th at the Burleigh County Commission meeting and some dates to be determined and times to be determined, uh, both in Sterling and Wilton, um, Our online survey, which will be up

00:33:17,300	after this, we’ll have a discussion, um, before we get into the public comment side. I did want to give an opportunity, uh, for county commissioners to speak their mind, uh, concerning the preliminary resolution and redesigning elective office for Burleigh County.

00:33:37,100	I mean, this is actually this is kind of our Doge moment for Burleigh County as we’re going through what county government might look like for the best efficiency for our residents and taxpayers, so if any commissioners would like to raise any concerns or give their opinion. I default to you first. So, uh, Comm Munson.

00:33:58,200	Thank you, Chair, uh, vice chair, uh, before I make some comments, I wanna ask, uh, State’s Attorney, lawyer. If this remains an elected position. After this process. Can Burleigh County set higher standards than what are listed in the century code, i.e. 18, and a Burleigh County resident. Can we set guidelines for someone who wants to run.

00:34:21,470	That has to have an education in finance or has to have experience in a business, something like that. No, you cannot. So we have to live with 18 and a and a resident of Burleigh County. Correct. That’s what the statute requires. Thank you. Thank you.

00:34:43,230	Um, we have had this conversation for many months now. And so I’ve written down a few things that that have me concerned as a Comm, um, it should concern most of the residents that are here in Burleigh County. 10% of the auditors’ responsibility is serving as the chief elections officer.

00:35:02,000	After he was elected auditor, our auditor sues the state of North Dakota. To change the way our elections are performed. Now my concern is he was just elected. To uphold the laws in North Dakota. Yet he wants to sue the state of North Dakota. For the way the elections are are handled. I have a problem with that.

00:35:23,470	For the election, the auditor is responsible to attend required election training sponsored by the state. He didn’t do it. During the setup of the equipment is the department allowed a protocol to be. Not followed that was trained by the state in their election training. Uh, that error cost us $4000 on a computer that was supposed to be standalone, not connected to the internet.

00:35:47,300	Someone in his department who he’s responsible for. Failed. Uh, during the election. And this, this has some concern for me. He was quoted telling volunteers to steer voters away from the electronic voting machines. Now As the person responsible, you should make sure that we have a fair election.

00:36:12,500	Beyond that, in my opinion, that’s the way it should be, not steering them one way or the other. 40% of the auditors’ responsibilities is managing the auditor, treasurer and tax equalization offices. all of the employees and the auditor’s office have been turned over at least once. Since he was elected. To me, that’s poor management of staff.

00:36:32,470	We have 6 people trying to do the county’s work. And when they’re all new within the last year and a half, 1 year and 7 months, uh, that concerns me. The other day, Mark made a a claim that as auditor.

00:36:54,370	He should have been the first person to be notified that there was a hostile workplace investigation taking place. On him. Why would He be the first person to be notified if there was an investigation on him. There’s some maturity that needs to happen there.

00:37:17,570	30% of the of the auditor’s responsibilities to act as the not have posted the 2025 final budget. that was approved by this board 5 months ago. I don’t know where it is, but it’s not online for our residents to To view That’s 30% of his job. Now, the county is required to have at least 25% of its budget in reserve. That’s set by law.

00:37:41,170	Our goal is to have no more than 75%. Part of our efforts to reduce the the amount of taxes levied to the residents is to use interest income off of the money that we have set aside in our reserve funds. From a report that our finance director gave us. He had lost 65% of the potential income.

00:38:05,030	Because he didn’t invest the money. Not that he made bad choices, just that he didn’t invest the money. If we already and and the statement that that he has made a couple of times. Well, we already have our budgeted amount. And So it’s no big deal.

00:38:28,730	Well If we could have earned 65% more, what, roughly a million dollars? That would be a million dollars less that we would have to charge in taxes. He cost the Burleigh County residents a million dollars by not investing. 10% of the auditor’s time by his job description is coordinating with other agencies, acting as the county Comm, uh, acting as a clerk for the County Commission, keeping records.

00:38:51,000	One of the portfolios I have is the Missouri Valley Complex. He Was recording those meetings, the first several. Um, and then he ran out of time and so the the the the committee themselves in order to have full transparency to our residents. We are now recording them themselves.

00:39:12,300	And getting them on the website so that our residents can see what’s happening in that in that meeting. That should be Mars. job. Making sure that that stuff is out there. Now he gets it to As I understand, the clerk gets it to the auditor. Auditor gets it to to Mary, and we get it on the website.

00:39:31,100	But that’s that’s stuff that he should be doing. As the clerk, in my opinion. I have a lot of other for instances. But I’m not here to Make this about Mark. I’m here to make this about the job.

00:39:56,100	I’m, I really want this to be about the position why I believe it should either be elected and if, if it should be elected, what are the requirements that we have for him. If we can’t create stronger Guidelines for that. Then it needs to be about making that position. Appointed because It, it has to have more guidelines. It has to have more constraints, it has to have more.

00:40:19,670	More guidance with it, and I’m not happy with the way it’s happening now. I think our residents are being hurt. By inaction. Not, not things that he’s done. I, I don’t, I can’t find fault for a lot of the things, but the inaction to me is the biggest thing. We need to have somebody that has More accounting background.

00:40:43,370	We need to have somebody that has more maturity, more leadership qualities. And at this point I don’t find that in our current auditor. Thank you, Comm Munson. Anyone else? Mr. Schwab Uh First of all, The voting When the auditor was elected. And started at the job.

00:41:21,630	He, um Actually, in my opinion, was suppressing The boat How do you suppress a vote? You sue the state. And His argument was Well If it isn’t here by Election Day. We don’t count it. The state in, not the state, but the judge has come out in that. Ruling Warning him of removal for office because he had made up his mind.

00:42:00,100	That this is how I was going to do it and how state law. So, basically what the law is, is that If it’s postmarked the day before the election. It’ll count if it comes in before the canvas board meets 13 days after the election. And that law was specifically Designed to help people in the military.

00:42:30,470	So they get their boats in. And be counted. He wanted it struck. I have a big problem with that. I also have a big problem with two twins that One of them signed up. For, uh To vote, first time they voted.

00:42:53,130	And The second one is signed up, they just Turned 18 And the second one is going into the military. He gets a letter from Mark. Well, you’ve already voted. Well, the second twin didn’t vote. An easy fix would have been To take care of that kid that is gonna go, I believe, for 9 years on an aircraft carrier.

00:43:26,030	That is suppressing the vote. So the end of it was, instead of taking care of that and being concerned about that, he told the poll workers should do it. I can’t go along with that, and the final solution was The state did its job. And I get a letter as a Comm.

00:43:48,000	What the hell is going on down here? But the state needs to understand I cannot go in there. And make corrections in the auditor’s office now. I can’t go in and tell them to do one thing. So you got voter suppression, you got this, you got that.

00:44:11,830	And then the other thing that I want to bring up Is he complains a lot about uh A 12-page Guide we have on investing. And uh Cass County. Only has 3 pages. My question is how long, how many years do you need to go through 12 pages.

00:44:37,030	I mean, what’s so hard about that? Basically, we throw the fluff out, it’s saying, get the best interest you can on the money. But every once in a while, he brings up, uh, Cass County and how good the County is. I want to remind him and everybody here. Cass County appoints their auditor. So he should be looking at that too.

00:44:58,670	Just picking and choosing this stuff. I don’t go for it. It, it, either do your job. Get the education. He’s had that opportunity and Actually, I voted for him. I supported him.

00:45:29,370	And now from What I’ve seen Do we want this to happen again? No qualification and I do not like the picking on the military and then going on the radio every Friday afternoon on county time. And saying he’s the only person The only person sticking up for a right to vote. We’re sticking up for your right to vote right now. He’s not sticking up.

00:45:49,800	All he’s doing is putting the blame on the commission and other people, and I have a big problem with that because it’s the other people. Staff, etc. that bailed out this last election, and we’d have been a laugh for the state. I’m done. And Richard Schwab.

00:46:11,500	Anyone else? Comm Woodcox, just a quick comment, um, uh, my, my concern is the auditor is gonna remain, he’s gonna be there till the end of his term. What do we do in the future? Uh, I think Burnie County deserves better. Mhm Comm Woodcox, anyone else, Comm Bitner, you actually are the portfolio holder. Yeah, um, I, I, I think I’ll wait. And give the citizens a chance. You know, there’s, there’s all of this is relative to that.

00:46:40,370	As the portfolio. Fair enough. All right. Uh, with that, uh, once again, please sign in on the sheet, uh, uh, next to the pillar, and, uh, I will open this public hearing. Uh, please state your name and your address for the record? Tim Mattson, I will not state my address, but I do live in.

00:47:00,570	Are you aunty resident? I am. OK. First off, I am probably the only person in the room that has ever been a voter assistance officer deployed overseas in a combat zone. And it is very clear what the rules are that you’re supposed to have your Envelope postmarked at least by election day.

00:47:21,000	Now there are interpretations of that law, and we’re not here to talk about voting. But there are interpretations of that law that people have taken advantage of. Maybe not here, but in other places.

00:47:36,570	And how do you change a law, but I suppose I could ask the state’s attorney, how do you, how do you change a law that’s a bad law that needs to be changed. What’s her name? Ms. Law. How do you change, how do you change a bad law? You have to go through the. the state? Yes.

00:47:55,370	Right? Or? What’s the other option? That’s supposed to be good. I was going to say, do you want me to answer what the law says, or is this his time to speak to you, you, you got to go through your lawyers. You got to file a lawsuit.

00:48:11,030	OK, so to say that Mark had A description of that and how he was gonna do it and how he understood that and wanted that clarified by the courts. Because that’s who’s going to be hearing his case if he gets in trouble for not doing it. Right? So to take that against him. is weak. OK. What was the point of reading through the entire description.

00:48:33,470	Can you tell me the third duty of the tre treasurer’s position. Without, without looking at it. That’s why. Did we, did we learn anything? You know, it’s, it’s posted.

00:48:50,730	On the website, both of both of those, right? So it’s already an official county record and you just wasted all our time reading through it. But if it was so important to read through it, why didn’t you read everything? You were skipping. You’re just reading the. The the title section titles. Right? Don’t, don’t mix your message. It does us a disservice and it really irritates me. Mr.

00:49:09,730	Munson Where are the percentages listed in those? Duty descriptions. He said it. How can you say 30% of his position is this and 40% is that his job description which is also online.

00:49:25,770	How did I could look at that and I can come up, so we’re just I can look at that and I can, I can come up with completely different percentages. I could say that there’s one thing that’s 98% of his job. And so, so for you to disagree with, with those is, is little. Less than becoming. Now you can have differences with any one of your. Commission members.

00:49:46,730	You can have a disagreement with how Mark does something. You’re all politicians. You work it out with him. You come to a common understanding, and the fact that you guys are sitting here trying to take away our voting rights. To select who we have protecting our vote. That’s despicable.

00:50:11,730	You’re politicians, you get together with him and you work it out, you figure out what’s best for the citizens. You don’t just, hey, I don’t like Mark because he did this. Right? You talk about poor management because there’s been some personnel turnover. Maybe it was poor management on the person that was there before.

00:50:32,670	Mark comes in, wants to do something the right way. And people that don’t want to go with him. Leave. That’s fine. The uh there’s a few things, uh, a few complaints that have been lodged against him that are absolutely ridiculous. The hack at the violation, I don’t know if it came from any of you guys.

00:50:54,570	Right, but he’s impossible for him to violate the Hatch Act? Because he doesn’t have Of a county cell phone. He has his personal cell phone. What he does with that cell phone on his time, whether it’s county time or personal time is up to him. He’s not using your resources. To do whatever he does on his cell phone.

00:51:14,130	Right? So whoever, if you guys know who that is, you really should take them out back and and beat some sense into him. Right? The one of your commissioners talked about his time, uh, getting on the radio. That’s a public outreach that is communicating what is going on to them.

00:51:33,130	He’s not on 9 to 5 schedule. He might work 80 hours a week. You might work 20 hours a week. You can’t tell him, you can’t do this on your personal time. You can’t go and communicate. To the citizens. That is not your place to to do it.

00:51:52,100	And you’re right, he, he doesn’t, you can’t go and tell him to do anything unless you guys come up and decide to change his duties and responsibilities. That’s how you handle this beef. If you’re unsatisfied with something he’s done, hey, Mark, uh. We noticed you missed this. Can you do a better job? But you can’t take.

00:52:13,370	One person’s opinion, like the finance director, I believe it is, that says he has done a disservice to the citizens of Burleigh County and has lost money. My understanding is his proposals actually violated. The policy that you guys have in place. So if your issue is he’s got 12 pages of policy.

00:52:31,730	Well, you can make it easier for him. And make that simpler. You don’t have to get rid of him. Those are your rules. You take accountability for your own actions, your own responsibilities.

00:52:49,130	Do I have to get up here and read a county commissioner’s position description and your responsibilities. I don’t think I should have to, and I don’t think you should have done that either. Act like adults. Taking away our voting rights, our voice. Is the last thing you should think doing just because you want a little more control over someone else that doesn’t agree with you. I’m done.

00:53:10,470	Thank you. Thank you, Mr. Matson. Members of the committee, uh county commissioners, my name is Klaus Slemy. I’m a former county Comm. I’m not speaking to the right or wrong. I’m speaking to you in the form of a history of what has gone on before.

00:53:35,370	Uh, we, we’ve been through it the previous counties, uh, with, um, was changing it from elected to, to uh uh appointed commissions and uh and I can tell you just a little bit of history and I don’t have a, Section 04 E. It’s just my notes here, but, um, originally we needed an account. We needed a county superintendent.

00:53:57,100	We needed a register of deeds or county recorder, whatever you want to call. We needed an auditor, we needed a treasure, we needed a tax director. It was simply necessary for the balance.

00:54:14,570	It was all written in in in hand, in long hand, and there was no computers or not enough computers there and it was very, very necessary, but computerization changed all that. But with the new stuff, it’s simple things you can now every citizen can go online and check everything. The, the, the balance of cash and balances are not there. That’s why during my time on the commission, we changed the Uh, uh, some of the elected officers and, and it went well.

00:54:39,200	We had the same, the same complaints hearing you you take away my vote. Well, um, I can tell you, uh, you, you’re not really taking, we’re not really taking your vote away. That’s what we did at that time.

00:55:02,770	Remember, uh, um, what the what the treasures and the auditor or whoever they are, they’re prescribed by law. That’s why Comm Bakken read that. That’s what they do by law. And that’s prescribed. The only other thing that the, uh, any elected officials or any appointed official will do is what you said as a policy. And you can certainly do that.

00:55:24,000	They don’t open up their office when they want to open up the office. They open up their office when the county says so. They named how many employees they have. Sure they should come to you and, and, uh, and justify that. I, I remember an incident with our superintendent of instructions many years ago.

00:55:46,000	She needed, she had a 50% employee and it’s it’s a, it’s a weird story, but uh we figured out the employee didn’t have enough work, so we told her to make it at 25% employee. And the educated superintendent says, how do I do that? Not capable of doing that.

00:56:09,500	So there is the superintendent that got elected with what qualification? Maybe a superb teacher. And, and, uh, and I think that’s what some of the discussion is. I had a, I have another example of register deed needed more employees.

00:56:30,800	And we checked it out and um and we, we, we, the, the, the, the people that use the register of deeds, uh, the clothing companies, the abstractors, they said they were held up and it turns out that the register of deeds himself. Did not work more than 1 or 2 hours a day. So we denied the additional person to be hired and, and, uh, and then, of course, things got worse.

00:56:54,230	People in the business of abstractting stuff, they got held up even more, but, but that’s, that’s why I think because there was an elected position, there’s not a thing the county could do. It was a lousy management. Uh, Way of doing business. The county had no, no power whatsoever. Um, Sam was a tax director, went for lunch and didn’t come home.

00:57:14,870	I mean, didn’t come back to work in the afternoon. It as long as it was elected, there’s nothing, not a thing we could do about it. Now, at the same time, I like to just remind you that uh your audit the treasurer and stuff like that, they do everything.

00:57:34,400	What’s prescribed by law? Or they do everything. What’s prescribed by your policy, you make those policies and I, and I am totally in favor of it. Now, I told you of some examples and I don’t, didn’t want to put anybody on the carpet here, but there are when I talk about some of the frustration that I had was a, was elected

00:57:56,270	officials. I’ve also had um some good things today, today, today to, to say, I’m sorry, and that’s um Bob Harvey. Uh, Pat Henard and Kelly Leen. They were outstanding. They were truly outstanding shares, but they had to go to school. They have to go to school.

00:58:22,300	Anybody here can run for sheriff, but they have to go to school in Devil’s Lake. And, and that’s what uh is is something that if you want to change, that you might have to change. And go to the legislature and ask them to changes, but also Kevin Glatt.

00:58:41,000	Uh, was a, was a great Uh, auditor, and I mean I’ve had my differences with them. We never shouted or anything, but we had our differences, but by golly we did work that out, but he was a, he was a terrific auditor, and so did um Deb Cro with the register of Deeds.

00:59:00,730	Those were outstanding individuals, but they were quite a few in between that we had trouble with, I think, I think today’s management with today’s computers and the tools that you have now. I think, I think, um, you should decide these things and and move forward in a positive direction.

00:59:24,230	I have nothing a statement to to make in against your current auditor. I just wanted to encourage you to make the tools available or take the tools to make this a better county. I appreciate your time. Thank you very much. think of This is a public hearing. Anyone wishing to speak, please sign in at the, at the clipboard. I’ve already signed it.

00:59:46,630	Can everybody hear me good? Yeah. OK. Um, I got a little rebuttal on some of this. State your name for the record, please. I’m sorry, yeah, Chair Steve and the rest of them, the commissioners address your property, OK. Um, Michael J. Walsh, OK. Um, long-term.

01:00:11,730	Businessman Uh, Ken Coin Laundry, Car and Dogwash, and Bismarck, OK. A few of you know me or met me once or twice, um, OK, so anyway, uh, I’m gonna start out a little bit firsthand experience about That I had when Vedder was when I came in, my property taxes that I pay is significant, more, much more than the average person.

01:00:34,400	I won’t go into detail there. Some of you might think I’m. Ultra wealthy or something, OK? So, which is I could um. So, but anyway, um, and, and by the way, with Klaus, what he said, uh, about schooling and all that. I just wanna give you my background.

01:00:56,770	I probably have went through the school of hard knocks more than The average more than a lot of them that have their PhDs and I won’t go into detail too much there, but, um, well, like we had to redo our boiler system and the two biggest contractors and went to an independent engineer and the engineer told me, uh, I don’t

01:01:11,130	want to rehash things too much, but I, I was all for going into litigation stuff, and I said, yeah, we just, just black and white, you know, it’s just, there’s total evidence and the engineer told me, uh, he said, no, you don’t want to do that

01:01:25,230	route, uh. You want to work it out, uh, that would turn into a circus, you know, and, and basically that’s the type of, you know, reading that stuff where nobody could absorb anyway, I, I don’t wanna get into that, but, uh, the other thing firsthand with the election thing.

01:01:44,730	I think it’s uh uh it’s kind of repulsive to me to use Dodge and use this as an example of Doge. Uh, because now the states are taking on that Florida and Louisiana and and hopefully North Dakota too, where they improve things.

01:02:06,630	Uh, I just want to say when Vetter was temporarily the county auditor, I went in there to pay my taxes and Uh, I, I asked, uh, better, I said that, you know, can I talk to the election person just to kind of clarify, just so I understand things a little better, you know, and And I asked, Gosh, I hate to say her name, but I think you

01:02:22,630	know who Erica, you know, Erica White. And now she’s up to state and, and I now no malevolence against her or anything, but her um her response to me was very tempting, uh, very Very much told the story a little bit by way of I asked, did you guys use any uh of the PPP funds, or

01:02:46,130	did you go, you know, at all in with Mark Zuckerberg, Facebook stuff. And, uh, you know, all the, you know, it didn’t ask specifically about the counseling.

01:03:03,630	I’m sure she wasn’t for that, but that was part of the package with that PPP stuff there and it was only a tiny percentage from what I gathered that was used for that. But anyways, so there was unanswered questions, and I don’t know all the details of the type of questions he was asking, Mark Bankowski, but they might have been legitimate, you know, as far as the out of state people that he had, Cletus Mitchell and stuff,

01:03:19,930	there, there were some people that are proven themselves on the national stage, and they’re 100% for Dodge, uh, so that’s why, but anyway, with um So I saw firsthand her response there and uh but there was unanswered questions on the, I mean that was after the 2020 election.

01:03:41,630	I mean, it wasn’t like I was trying to overturn the election or he was or, you know, I mean, it was, uh, so there’s uh I just want to make that point as kind of a rebuttal type of thing on uh in case somebody goes on the attack that I don’t have enough

01:03:56,130	any schooling at all. Why am I up here and Uh, well, like I say, I school of hard knocks, I could go into a lot of detail, but Um, and then my dad was probably my biggest mentor, my folks, and my mother was one room schoolhouse teacher and

01:04:12,000	And her dad’s 6 brothers, you know, they all praised her like crazy, you know, that, and, and my dad’s lifetime peace officer and uh so, and I was around parole officers and growing up, uh, because of him, his relationship out there.

01:04:30,870	At the state penitentiary, the precursor of R Rough Rider Industries. He was part of the Twan plan out there. That was before we got into the laundromat. My brother Wayley around the laundro out because he was still on his job, but then shortly after, and then we had to take in a partner for, uh, in fact, he was an immigrants humored uh class

01:04:45,100	over there, uh, um, he barely could speak the language. My dad took him under his wing. Uh, anyway, I want to get to what I had when I came here to To talk and appreciate allowing me the time here that, um, sometimes they’re real quick to take your First Amendment rights, uh, the October 8th.

01:05:05,030	City Commission, there would be an example, uh, I don’t want to get into that too much. We’ll deal with that somewhere down the road somehow. OK, so I hope I got things organized enough. I’ll do the best I can.

01:05:20,000	Um, if the county auditor got me a little notes here, but I, I don’t think I’ll have to read it that much. I pretty much know it by heart. If the county auditor is no longer elected. Uh, it means one less voters say in the future of our county. Why? When we voters. are properly informed. That person.

01:05:55,500	Could provide That he’s privy to and that, that person who’s elected like Mark, he can provide the information to avoid potential future. Potential corruption. I’m not saying that that exists here so much in North Dakota, but sometimes an ounce of prevention, you know, and I think that’s where he was motivated by that.

01:06:13,630	And that’s why I believe that’s where his heart was. And I don’t, we’re not buddy buddy or anything, uh, you know, I just saw a bird’s eye view of the news releases and some of this, uh, so, um, OK, so, so then he would be able to use his uh.

01:06:33,000	His or her uh trusted judgment, but, but you know, if you take away the it’s no longer lacked then. Trust is no longer part of the, in the hands of the um.

01:06:55,370	You know, it could even be more likely the by election that you’re putting your trust in somebody, you know, and that we shouldn’t, we should be allowed, you know, put our trust in, that’s part of the voting process. So, so it’s even more likely that, you know, things could be put in the hand of potentially unjust administrative state. Um Which in my humble opinion, it diminishes the Constitution, part of our republic. OK, I’m almost up. OK, um, Yeah, the administrative state.

01:07:36,500	Um Lessons uh we’re, where voters have less say. Uh, and that’s, that’s my perspective on this, a little bird’s eye view thing, uh, it’d be, um, they’d have less, less to see and uh constitutional Republic, that’s where they have more to say and um so. Uh, but anyway, I wanna.

01:08:00,500	I got in front of me here, I’ve got a turning point USA Constitution. I’ve been studying that before I came up, but I don’t know if I’m qualified to go in, but they do, I, I think I recommend everybody to get a, you know, turning point because they go into the definition of the terms and so it’s very uh

01:08:20,770	succinct, but it’s uh straightforward and it doesn’t get into a whole bunch of stuff where you get lost in the weeds too much. OK, so, um, but I want lecture because there’s times, you know, where, uh, you know, maybe there’s just one person who can stand up to to corruption, and there is a

01:08:39,000	certain amount, a little bit. There’s Uh, well, I have firsthand experience, you know, I, I, one of the questions I’d ask the, the person, uh who is going to be elected with the county Comm and stuff, what level of uh what level of of of uh how much are you in cahoots with like uh certain NGOs and

01:09:00,230	stuff that might be like an insurance, uh, uh, parading around like they’re um. I like they’re legit and that they’re uh handling things properly, you know, um, I guess I could name the name.

01:09:20,400	I, I’m, I’m hoping they try to sue me in some ways, the enders, you know, and the IRRF, uh, North Dakota Insurance Reserve Fund. Uh, that’s what I mean about School of Hard Knocks it could have been more aggressive, egregious the experience I had with them.

01:09:40,830	Uh, but, but I want elected people that I can go to, and I don’t want them to totally ignore me and if maybe there’s only one out there, out of the 6 in this case it’d be 6 that I would have on the county level and stuff.

01:09:58,400	And then there’s another thing like with uh city and stuff, you know, like at some point, like the House of Representatives, they have the uh the ability, you know, the ability of the purse and stuff to, to, to hold people accountable. a little bit when they aren’t doing, you know, and you guys are uh a step above the, the city and then of course the state and then there’s others, you know, of course, the ultimate is. As our Lord and Savior, but OK, so anyway, um. I got a little tiny bit more here.

01:10:24,170	Um, Oh, OK, I did. OK, I already mentioned that. Yeah, they’re very helpful definitions in this constitution. That’s what I wanted to point out,,, 01 more last thing is that, uh, at the, uh for the benefit of the, uh, Dakota Access people that are watching now live and also, um, also, uh, they’re looking at

01:10:50,770	the recording and also the people that are here, a fairly good crowd, uh, that I just want to let them know that uh I have in the past allowed petitions and I think that’s one of the sequence that’s required here for them to, uh, get it on the ballot again and then they decided by the voters

01:11:09,370	whether you guys will be allowed to do this, but I was certainly, uh, open up my place for that. I’ve done it before, uh, I’ve even gathered petitions.

01:11:29,270	I remember one time I was against, uh, uh, expanding gambling to the point of, of, uh, I think Kelly Leen can kind of help me out there a little bit that it can be a real problem. but I turned in that, those petitions to uh uh to the adoption agency, and there was another out that gave me the, but they were motivated completely different than the adoption agency. Anyway, did the best I could here and I hope you people listened.

01:11:49,030	I hope that. I made my points well, this is just the first of. Thank you many opportunities for you, do you wanna talk back with me? I’m, I’m very much willing to uh engage you. Thank you, Mr. Walsh. Thank you.

01:12:07,300	I don’t like Uh, please sign in at the sign up sheet and state your name for the record. I signed in already, um. Comm Bitner. Or chair Bitner Commissioners, Ryan Suart. Lifetime resident of Burleigh County. Watched the Burleigh County meetings. For the last couple of years. There’s stuff I’m wrong on. But today I’m just gonna bring common sense stuff up here. OK, Mr.

01:12:36,730	Schwab, I appreciate. What you said at the beginning of the meeting. That there was $3.7 million unaccounted for. Where’s the qualifications for you 5 that are sitting up here. That’s what I want to know. How didn’t you know there was $3.7 million that was on like, we didn’t know what was there. OK. Mr.

01:12:57,230	Woodcox, Mr. Munson, Mr. Schwab. OK. This meeting is for the voters. OK, you guys have already made up your mind. But we’re passionate people. We want our vote. We want our vote to be heard. You guys talked about qualifications. OK. Mark I feel sorry for him.

01:13:26,730	What you guys are putting him through on trying to protect something that we haven’t figured out yet. But we will figure it out. We always do. The qualifications that you guys mentioned in that stuff. Someone brought it up earlier, the hatch. That was the most ridiculous thing I’ve ever seen. That came from Julie.

01:13:50,770	And I believe their Comm on the board here. What a waste of time. What a waste of time. You guys are trying to prosecute this Guy, telling him how bad he is and that stuff. When you guys Help me remember this cause I’m not too familiar with this, but in 2020 or 2022, didn’t the voters vote? Mr. Sposkowski in office.

01:14:15,770	Correct? And wasn’t it like 67%? Right? So now, we have 5 commissioners here and 3 of you have already told us. What you’re gonna do. And here we are again as citizens sitting here talking to politicians. And we’re wasting our time because you guys have already decided what you’re gonna do.

01:14:43,570	This is why citizens come up here because we’re trying to protect our right to vote. And you guys have already made your minds up because you don’t like a certain way. You know what I suggest, I suggest at this meeting you let Mr.

01:14:59,730	Swanskowski come up here and tell us his qualifications and then I want each and every one of you to stand up here and tell us your qualifications, OK? There’s some of you that have been on this board for 16 years, OK? And you just figured out within the last year what a mill was because you didn’t know what a mill was. Right? I’m gonna leave it with this.

01:15:20,570	OK, and here’s the common sense thing. You guys say, I watched many meetings and you guys say, oh. Well, we’re not going to raise your taxes, your property taxes aren’t going to raise, OK? Then what happens? Then you guys come out and you say, well, it was the wind towers and it was the railroads.

01:15:40,730	They gave us less money than what we’re going to get. Where’s your qualifications to know that you guys weren’t going to get that money. And here’s the next common sense thing, OK? To all 5 of you. When you raise your budget, You have to tax more.

01:16:02,670	OK, so you can make any excuses you want to and you can tell people to look over here. But when you spend more money, You’re gonna charge us more property taxes and you guys can explain it however you want to. And that stuff.

01:16:22,870	But you guys have already made up your mind and what you guys did tonight, I think is very disgraceful to the voters of Burleigh County that you guys had to sit up here and bash him when we were the ones that elected him. And I don’t even know Mark. I sat down with him for the first time.

01:16:35,800	Because I wanted to get to the bottom of this, and that’s why I think you guys should let Mark sit up here and tell the public. Right here, right now. What his qualifications are? Because I don’t think they know that because you guys want to hide it. And then each one of you need to come up here and tell us how you’re qualified to run your portfolios. Thank you.

01:16:55,470	Schubert. My name is Curtis John Burleigh County resident lived northeast of the town of the city of Bismarck. For 19 years, been resident of the city of Bismarck, all but my stint at NDSU. So, it’s a lot, a lot of life I’ve spent in the city, in this county.

01:17:25,830	Um I, I wanna ask, honestly, every one of you here, honestly, Don’t raise your hand just to give the answer that you want to give. I want to know how many of you have read Century Code, North Dakota Century Code, Chapter 11-14 and 13. Before you heard it sighted tonight. I want an honest raise of hands. One 2 OK.

01:17:52,870	Thank you, by the way, for putting that on the record. When we got ready to vote in November and March. I voted for you. So did my wife. OK? So let’s just get that out here. I am Really irritated what’s going on here is a major distraction and bad PR.

01:18:12,370	For what I think has been Is, is a pretty amazing county to live in when you look across North Dakota. We got ready to vote. And Michelle was asking, well, I, I don’t know who is, who is Mark. We, we saw Mark at the state convention.

01:18:35,200	I’ve just known Mark casually, OK? Everybody who meets Mark knows Mark comes across very personable Guy. OK, so, Michelle’s, what, what’s the duties of the auditor? I said, you know, that’s a really good question. I can’t even, I know that. From being a business Guy.

01:18:56,570	And what we have up here, by the way, you can criticize them all you want, but we have 5 very qualified business people with decades of business experience who have had been on board of directors and have had chief financial officers and accounting people and CPA working for him. Their, their qualifications were cited when they were running for the job. And by the way, I don’t even consider the 5 of you politicians.

01:19:16,630	I consider someone who runs for a job that’s full time, like Mark, like the PSC, like Hoeven, like Kramer, like Fedor Fedorchak. Those are politicians. Those are full-time career jobs. These guys I’ve, we’ve been to a lot of meetings, watched online. I don’t consider any of you, you’re about.

01:19:37,730	You’re as good a politician as I am, and I would really suck at being a politician, and engineers make terrible politicians. Why? Because we call a spade a flip and shovel. OK? So, I read here’s a century code 1114, 11:13, and I scuttled down through it.

01:20:00,130	And I’m like, and by the way, just to refresh it, I read through it again this last weekend, because I needed to refresh myself. It’s a hell of a lot of duties, no question. So, um, But what I can, you know, it’s coming from a business world, I consider the 5 of you a board of directors.

01:20:26,300	And again, this, you don’t have to answer this because I know the answer. The success of the 5 of you, is it possible without That office, auditor treasurer. Be successful. The answer is no. I’ve been on board of directors before. My chief financial officer provides me information if that information is not adequate, not good. I’m going to fail.

01:20:48,730	We’re going to fail. Not only is the board of directors but as a company. Now, I read chapter 1114, 1113. And I’m like, well, it is a lot of duties, so. Mark, I don’t think Mark, the auditor position can succeed.

01:21:11,370	Like in any company, if the board of directors doesn’t set expectations for them. So what we’ve got here I We’ve got the criticism coming on pretty heavy duty on you guys. By a public that claims they voted for a Guy that they don’t even know what his duties are. Sorry, but it’s the facts.

01:21:32,630	So You’re saying we want that right to vote for somebody that we not only we have no clue what that person’s duties are. These 5 guys here and us who attend the meetings know. That the success of the 5 of you can only come with the success of that office.

01:21:50,100	So what’s happened here is a really tragic bad PR. Bad distraction. To so many important important issues. And I put myself, I put myself in Mark’s position, reading 1114,, 1113. That’s a lot of duties. OK, but I, before I even really started paying that much attention.

01:22:16,830	To a lot of this, which was months ago now we started paying a lot more attention to this. Um I was thinking What, what is going on? We got this lawsuit filed. Then we got the election. What’s a person called? Election manager, quit. And then, or what? Coordinator quit and then we got the deputy auditor quitting.

01:22:42,470	And I’m like, it’s just one bad PR thing in the, in the news after another, even if we never attended a meeting. I never watched online. I’m like, what is the, what in the hell is going on here? Now, if I had the portfolio because it’s a world I come from.

01:23:00,570	I had a dad who was city engineer at Bismarck for 34 years. He was hard as nails. Every instructor I had, every job I’ve had. It’s the world I come from, and guess what, if I were sitting in the portfolio shoes, I would be, I would have expectations. Because I don’t want to fail as a commission.

01:23:20,900	This is who The voters are relying on to protect us. We got the one cent city or one cent county sales tax approved. That was orchestrated here. That’s going to reduce our taxes. These guys can’t succeed without. The good advice from the attorney’s office. The good advice from in, in a job.

01:23:42,930	Proficiency from the auditor treasurer. No different than the employees. The city and county engineer. The finance director. One thing that has, that I, I think needs to be considered. We, we need structural changes.

01:24:07,470	Um If, if these structural changes Don’t make a difference and if If, uh, we can’t change the way things are to prevent this ever happening again. Uh, one thing might be, it might be time to separate the treasurer, Chapter 1113. From the 11:14 chapter century code chapter, auditor duties to separate, bifurcate the two. Number 1, maybe it’s time.

01:24:28,830	Um I’m not in favor of the treasurer being another elected position. Um, I have the faith in the 5 guys we and gals, we elect here to be no different than the board of directors of companies I’ve been involved in. And have worked for to make.

01:24:48,730	The decisions to get to hire the right treasure, just like you hire finance director in a county engineer. So the, the second thing would be if we keep this in elected position, like so many people here want. Oh, we got to keep it elected, you know, the people have to have a say. The same people want to have a say in something they have no clue. What they’re say is about.

01:25:07,100	To me, that doesn’t make any sense. You know, if you’re going to vote and you have no idea what you’re voting for. I’m not so sure you’re doing the rest of us a favor. So if, if we’re going to keep it elected, There has to be a way that the county commission. Can hold that position accountable.

01:25:30,100	And I just, I don’t think that an elected, no different than the state’s attorney, no different than any elected position that The success of this The Commission is predicated upon the success of their elected positions. There has to be a way for this commission to be able to hold them accountable.

01:25:49,130	How many of you people actually R Doing job appraisals for Mark and know how to rate him. He’s doing, oh, you’re doing good. Oh, you did average. Oh you’re you’re doing poor. There’s no, no citizens that have the ability to know on a day to day, week to week basis, how to appraise.

01:26:07,530	Any of these positions. You are the 5 we’re relying on to know how to do that. So if we can’t Somehow have this commission. Hold, hold this position countable and get this position to stop playing politics. That’s another thing that’s really disgusting for me.

01:26:27,230	The politics of this position, it has to stop. The playing politics here, uh, even though it’s elected, and that position has to say I’m accountable to this commission, even though the people elected me, you know, so there’s, there’s structural changes that have to come.

01:26:43,770	And this commission needs to be able to, if it’s elected position, be able to say, look, The person we have in there right now is failing miserably at their job. We have to be able to do something about it. And if that can’t happen, then I want to see this position go the way of Fargo? Grand Forks and Mayot.

01:27:01,030	Three of the 4 biggest cities in North Dakota appoint their auditor. So I only want to see it stay elected if we can somehow have This commission, hold them accountable to stop the *** that’s been going on for far too long and the distraction when we have so many more important things to deal with, and that’s my comments.

01:27:19,170	Thank you, Mr. Judd. It’s a public hearing concerning uh the preliminary resolution on redesignating an electoral office of Burleigh County Auditor Treasurer to and appointed one, John Frazee, resident of Bismarck.

01:27:40,830	I believe the auditor treasurer positions should remain elected because there’s no better way to hold all elected officials accountable then uh having them on the ballot every 4 years and being accountable to the great people of Burleigh County. The balance of powers is stronger when everybody is elected, both the commission and the Auditor treasurer.

01:27:56,400	I don’t think we need to take away an important vote from the citizens, and I want to keep my right to vote on the position. We obviously don’t get tons of votes as citizens, just a short couple page ballot. Because we elect people to represent us, and I’m totally fine with that as long as we elected the people to begin with.

01:28:15,570	If someone, any of us don’t like is elected and they struggle and are bad, that’s totally on us and we can accept that. But it’s important that we elected the people to begin with. Our country is founded on elected, the people having the power to elect. Of people with power. I think we need to keep that.

01:28:33,930	Obviously, there’s been some tension between the commission and the auditor treasurer the last couple of years, and I hope all parties can communicate and work together to move forward.

01:28:50,370	My primary concern is how this will be in the long run, like what the implications are, because I believe the The ramifications of the decision will last far longer than the current composition of the commission and the auditor treasurer.

01:29:07,900	And I think the best thing to do is keep the power with the people because while there is conflict now, All these seats are going to change over time and there there will be problems and it’s extremely dangerous down the road if we don’t keep that right with the people. Thank you. Thank you, Mr. Presei. Anyone wishing to speak, please sign in at the uh. At the desk by the Pilar Thank you. Good evening. For the record, my name is Dustin Gelo.

01:29:41,530	I am a Burleigh County resident. Uh, I was a member of the 2022 and 2024 Home Rule Charter Commission here. Uh, and Prior to that in 2020, I did some campaign work against the idea of converting the auditor to appointed.

01:30:06,130	Uh, that did fail and I know that there was a comment about not wanting to look back, but I think from a procedural standpoint and making sure that this stays on track. We do have to talk about what has happened in the past, uh, in 2022, the Home World Charter Commission was commissioned to create provisions in the Home World Charter in order to allow you,

01:30:30,100	the commission, to uh enact ordinance. outside of zoning. And I was going to play some audio from that meeting. I’ll hold off on that unless you request it, but in, in that discussion, when the provisions about uh appointing. We discussed. There was an understanding amongst.

01:31:00,100	I believe a majority of that home rule charter Commission that in order to make any changes, there would be another public vote, not on the auditor position itself, but on the idea of converting it. Uh I really think that We are at a point and, and as somebody who has opposed the this concept in the past.

01:31:25,630	I’ve come around to seeing the weaknesses in the situation, which is that somebody can get elected without being qualified for the job. Now, I’ve been very critical of Mark and I don’t want to make it about him because I think that one of the mistakes that the commission has made is taking this long to start discussing these things.

01:31:43,800	The public Thinks that nothing has happened in the background. Uh, I, I know because I’ve talked to people that there’s been a lot of Background discussion.

01:32:06,170	And the public doesn’t understand that the public doesn’t understand the history of the stack of papers that uh Comm Bitner has, or what the staff themselves have been talking about, uh. And as a result, they don’t have context. And unless the public has context as to why you’re going down this road and, and Comm Munson and, and Schwab, you started down that process and I know that there’s a lot more on those lists.

01:32:28,130	Uh, without the public understanding why you’re going down this, you’re, you’re going to get. More and more of this. You know, Heckling in a public meeting. It is not a good way to support the side that you want to support. That’s just.

01:32:48,470	My advice, having done grassroots activism for 18 years now. Uh. The The real thing right now is getting down to what is the process to get to where you want. And I, at this point, tend to lean towards it should be converted, but it has to be done the right way.

01:33:04,530	The public needs to understand why it needs to be done. And then they need to be involved in the process. And If You decide to go down the road of appointing. I would highly recommend that you find a way to put that to a vote yourselves and not expect the public to go out and collect 15,000 signatures do it.

01:33:27,470	Uh, if, if you Expect and have the public do that themselves. I think that none of this is gonna work out well for anybody. And you’re going to have an even more permanent problem than you do now.

01:33:54,030	Uh If you Want to tackle this, I think either if there’s a way to put this resolution onto the ballot in a special election before candidates. Themselves have to start collecting signatures next January, that would be the best. Because if the voters have a chance to discuss it.

01:34:10,100	And vote on it, then you know what you can and can’t do, and in that period in between, you can make your case as to why this needs to be done. Uh I believe Comm Munson has stated in the past that that putting that resolution directly on the ballot for a special election may not be possible, that, that should be discussed.

01:34:31,730	Uh, if not, maybe we need to have another home rule charter commission to look at this specifically because that might be a short circuit way to do that. If you can’t have a special election for the resolution, you certainly could if you had a home rule charter changed, especially this significant.

01:34:49,030	It’s gonna cost money to do that, but I think that you have to do it the right way, and if the public doesn’t understand why you’re doing it and They’re not involved in the change. It, it’s not gonna go the way you want it to go. It’s just, and, and it’s gonna backfire and you’re gonna have more problems down the road, maybe not in that office, but Maybe at the commission table. Uh.

01:35:10,900	I think that that is really the key here is making sure that this process is open, transparent. People need to understand why this is happening as a home rule charter Commission member in 22, I believe that we were told.

01:35:29,800	That this would be decided once again by the public before it would be changed. I do not believe that we gave the commission that power to do it on your own, uh, at that point. Uh, maybe we did and didn’t know it. I asked one question.

01:35:45,030	Maybe I should have asked three more, uh, but as somebody who tries to keep as much Attention and, and an eye on all these things. I am concerned that If If I can miss that sort of thing, then nobody else knew it was there.

01:36:02,100	We were told that there was a formality that it had to be in the home world charter if we had home world charter. And So at this point, I think that the public is confused as to why it was not highlighted more in 22, and that did carry over to the 24 election.

01:36:18,530	So people did vote on it, but they didn’t necessarily know it was there or what it meant. Uh, and so we have to fix this. And I was a part of it, and so I feel like I’m partially responsible to helping fix this. With that, I would stand for any questions that you might have, Mr. Chair. Comm Woodcox, thank you for your comments, um.

01:36:39,630	I’m concerned long term about the Office of the Auditor and the and the and the health and wealth of the, of the county and the taxpayers in particular. You’re well informed. Do you agree with the minimum standards that the auditor already has, according to state constitution, do you think that’s all we need? M. Chair, Comm Woodcox, no.

01:36:57,730	And when you explain that, I, I, I think. I’ve paid as much attention to local and state government is probably anybody in the last two decades, and I wouldn’t want, I wouldn’t want that job whether you appointed me or I ran.

01:37:19,670	I wouldn’t even consider running for that job because that list of duties is, is way too long. It’s overwhelming. And that doesn’t even get into the, the prior issues of the turnover over the last 8 years in both the auditor’s office. The finance department’s office and other offices. There’s been no continuity. There’s been turnover here.

01:37:45,100	I ran in 22, didn’t do so well, but, uh, Without continuity, you’re going to lose track, and I think that’s what has happened. I think that’s how this the money got lost. It didn’t get lost. It, whoever was keeping track of it forgot that they put it off to the side on this off-book thing. And who’s whose responsibility is that? Two auditors ago, I guess. Right.

01:38:03,500	And so, There were these problems were inherited. They were inherited by someone who probably didn’t do the prep work. To be able to do the job, at least to the point where you’re satisfied with them. And I’m trying to be fair to Martin, because I don’t think this is, this is all his fault at all.

01:38:25,770	I think it might be a 60/40 split. I think that we’re his issues come in as attitude and as Comm Munson was pointing out, immediately suing the people that he has to work with. As soon as he got into the job. I think that was his fatal original sin in all of this.

01:38:46,570	Was going after the people that he has to rely on in order to do the job. Because why would you even want to deal with them if you’re suing them. I mean, it, it, it’d be embarrassing. I wouldn’t, if I was suing somebody, I wouldn’t want to work with them either.

01:39:01,000	So I think that in a lot of ways the discussion needs to be talking about restructuring. We need to be talking about administrator. Because you can’t expect the this, the auditor now in a modern time to be the administrator at the same time. Kevin Glatt was able to make it work.

01:39:20,770	He knew the county inside and out, but we’re, we’re beyond that. And sometimes the more conservative thing to do is spend some money and hire new people and more people. So you know that you can get the job done, so the system doesn’t collapse just because one person isn’t doing what they should be doing.

01:39:41,230	Do you have a comment? Sure. Dustin, uh, It’s a couple of people that said that, you know, work together and try to iron this out. If the auditor and we have tried does not want to work. With the commission. We can’t go into the auditor’s office and tell him what to do, period. We cannot tell him.

01:40:17,400	Anything Other than good job maybe or a bad job. We cannot, we do not have the authority. And I want to make that perfectly clear because it doesn’t seem like it was, but Hey It’s If the attitude is, I can’t work with the commission. I wonder if the auditor is supposed to be working with the commission.

01:40:42,470	As the commission has Their meetings. I mean, Whatever, but we cannot, I, I just want to make a point that we cannot go in absolutely. If we see the auditor in there, uh, Playing games on his computer. We can’t go in there and tell them to stop it. Period.

01:41:08,230	OK And Comm Schwab, I think that that comes down to. That’s the attitude issue. If, if that’s going on, and I, I was, I was hearing things back in April of last year that we’re concerning through the grapevine, uh.

01:41:31,400	I think that If you can’t figure it out in the background, bring it out in public sooner rather than later, is probably the best. Option. Even though North Dakota nice, we don’t like to air dirty laundry, but I think that this whole situation. is exposing that when you let an issue fester. It just gets worse and then you’ve got 9 to 12 months of negativity behind the scenes before the public knows that there’s a problem.

01:41:57,730	The public didn’t really know that there was a problem until the election director quit two weeks before the election. But there were issues. Uh tackling these things sooner rather than later before they become a blow up so that the public can have some exposure to the situation in real time as they’re

01:42:18,230	developing. I think that’s your only option when you don’t have direct. Direct, uh, direction of an elected official, your job in the checks and balances system is to let the public and the voters know what’s going on, when it’s going on.

01:42:37,870	After you’ve decided that you can’t do anything about it in in the background. And so, if, if this commission did anything wrong, It was waiting too long to discuss this publicly.

01:42:57,570	Well, that’s the purpose of these public hearings and, and it’s about the restructuring of what county government looks like, that’s the bigger piece of this is what that looks like for the best efficiency and, and best outcome for taxpayers, so, um, Mr. Gallo, thank you. Um, anyone else wishing to speak? This is a public hearing sign at the podium. Um, state your name for the record and whether or not you’re a Bhurley County resident. Yeah, uh, my name is Greg Allman.

01:43:14,570	I’m a Bismarck resident, um, I’m not on a board of directors, but I am an internal auditor by trade, um, just as a professional, I wanted to speak to, uh, given industry perspective on why maintaining an auditor’s independence is important, uh, changing the auditor position from elected to appointed by the commissioners, um, a direct threat to the Burleigh County

01:43:39,170	Auditors independence, um, in public accounting there’s. 5 different threats to objectivity and independence and Uh, one of these threats is the, uh, uh, intimidation threats. So, uh, this can occur when the clients or.

01:44:01,200	A related party maybe uses intimidation or leverage to influence the auditor and providing favorable results, not saying that’s happening, but, um, when this does happen in practice, uh, an auditors only left with uh two options to Either exit the engagement altogether or try to find a way to mitigate uh influence so that you can still do your job, uh, the, uh, current safeguards to this right now is that the auditor

01:44:23,100	is selected by the voters. Um, another threat that may arise from appointing the auditor position as the familiarity threat, um, so this is a threat where the county commission could get into a pattern of simply, uh, you know, appointing individuals that they know they may have a similar viewpoints with, um, An existing relationship or

01:44:45,370	friendship between the auditor and the county commissioners, uh, could impair their judgments and independence, um, this threat is heightened when the people do not have the means to serve as a check to that power, such as through the power to remove the auditor.

01:45:04,270	Um, so for these, for these reasons, I would Urge you to keep the position elected, uh, I think we’d be doing the county, uh, Massive disservice by taking their boat away. Thank you for your consideration. Thank you very much Mr. Chair, Mr. Chair, can I ask a quick question? You’re, you’re a professional and, and very well informed.

01:45:21,670	Do you think the the minimum requirements for our auditor elected auditor are adequate. I would say they are if you can, um, You know, a show that you would have the experience or maybe the background up to that’s not our job and we can’t require them to have, right now we can’t, I mean, we, when

01:45:41,030	we’re elected, we run on our past experiences, what we’ve done, whatever it might be, and They do the same thing, but In this particular case, I think the, the, the qualifications are not adequate at all, and that’s what we’re trying to work on.

01:46:01,730	We’re trying to get that to be a, a more accountable position and to be only 18, and come out of high school and go into a job as an auditor and handling millions of dollars of, of, of your taxpayer dollars and handling all the elections and everything as an 18 year old, that doesn’t make sense. It just doesn’t make sense.

01:46:18,470	And I, I don’t want to put you on. on the spot. Do you agree with that or disagree? Um, well, I mean, I guess with all due respect, I think it cuts both ways if it’s going to be that way for the auditor, there has to be increased standards for, you know, county commission or another elected position.

01:46:33,800	So I think you can have it both ways, um. If you did have it where You know, um Requirements were enacted. I, yeah, I think you have to do with county commission too, but ultimately your responsibilities with the voters, and I think it’s kind of good that we’re doing things like this because this is

01:46:53,470	engaging the public and, um, you know, if we want to have informed voters, this is how you do it, so now we have, Our state’s attorneys right here in our, our sheriff is back here in our, uh, I don’t know if our emergency manager, but they’re all appointed, and but they are, they, when they when they’re

01:47:10,370	elected, I’m sorry. I don’t want to get sidetracked. They’re all elected. But, but when they’re, when the state’s attorney’s elected, they have to have a minimum, minimum amount of, she’s got to be a lawyer.

01:47:26,100	If, if we elected the state’s attorney that wasn’t a lawyer, that doesn’t make sense, or a sheriff that didn’t have qualifications that wasn’t a former police officer or whatever. Went through the prop the proper training, would you want to go to a Dr that didn’t have a Dr degree? No, he wouldn’t.

01:47:44,370	So we’re, we’re in a, we’re in a difficult Position Sure, um, well, and I guess just kind of one last comment. I would say, you know, ultimately that’s gonna be responsibility to contact your legislators then, so. Well, that’s a state law that we’d have to change. They’re the kind of state constitution. Correct. But we can change our county, our county, other counties have done that. And so that’s what we’re looking at.

01:48:00,270	We’re trying to be as fair as we can for the future of Bertie County. Not, not with the auditor now. We can’t do anything about that, and we want to look to the future. Um-hum. Yeah, and that, and like I said, that’s why I would.

01:48:17,000	Advise against changing that structure because again, you’re introducing these threats now where the county commission can pick who they would want to out of the county and there are some threats that come with that, so, um, you know, the voters ultimately are going to solve this serve as the ultimate check on the auditor, and I think we need to keep

01:48:34,930	that responsibility. I don’t disagree with that at all. I disagree with the minimum standards, what I’m harping on. Thank you. Appreciate, appreciate your time. How State your name for the record, and are you a resident of Burleigh County? My name is Austin Langenfelder. I am a resident of Burleigh County.

01:49:01,570	My family has been a residents of Burleigh County for well over 100 years. Now, I never done something like this. I’m not the most eloquent speaker, but I will. do my best to do my part because I always say if you don’t say something, you can’t say something.

01:49:20,870	It seems the, the crux of This issue is a matter of qualification, at least that’s what you’ve pointed to the crux to be of this. Uh, issue with Mr. Splonskowski, and when I hear. When I hear stuff talking about qualifications, whether someone’s qualified to do something or not do something. It really boils my blood because I’ll state now, I have nothing greater than a high school education.

01:49:40,670	At 14 years old, I became a tree feller. I was entrusted to not crush someone’s million dollar house and someone took me on. And they showed me the ropes and I didn’t crush someone’s million dollar house. When I was 16, I was on board to be mechanic.

01:49:56,370	I didn’t know the first thing about mechanics except for what I did on my motorcycle. But someone took me on, they showed me the ropes and within 6 years I was running down and I’d say even less than 6 years within 4 years, I was already on my own, doing my own thing.

01:50:11,170	Dan after that, I even went to work for the city of Bismarck at, at the Bismarck Transit. Some Oh gosh, I don’t even know how old I was. But anyways, I was young, I was the only one there, and when I came on, I didn’t know anything about city buses.

01:50:27,000	Someone showed me the ropes within a couple of years. The Guy teaching me left and I was left by myself to figure it out on my own and I sure did, and they love me having me there and they hate to let me go.

01:50:40,830	Those buses were also another example of multi-million dollar equipment. After I left working on buses, I went to go work for the family business. It only took me a couple of years to train me and, and after being trained and I went from working on million dollar equipment to multi, multi-million dollar equipment. I don’t have a college education.

01:50:58,000	I don’t have any formal training, but I had the gumption to get in and find the right answers if I didn’t have the right answers, I looked for the right answers. Now throughout this meeting, it also, it also seems like.

01:51:16,670	We have the conversation of Is this about voting rights? Is this about qualifications, or is it about, or is it about Mark Swanskowski and it seems like in the process of trying to divide the three, we end up, we ended up running, running around, running, running them right into each other. And we, we even started this meeting.

01:51:32,770	I believe it was uh Comm Woodcox said, uh, we’re, we’re not in the. We’re not in the process of going after Mark or Mark and whatnot, and then we came down the line and it seems like everyone had to say something about Mark. And it seemed like this meeting needs to stay on Pasco, whether it’s the people’s right to vote or not to vote.

01:51:49,630	And I apologize if I’m stammering. Like I said, I’m just a hair nervous, actually you’re doing a great job. Thank you. If you could just give me a second to collect my thoughts. The Doe comment when it came in earlier. I had to chuckle at that a little bit because I’ve been following the Doge stuff very closely.

01:52:07,530	And if you look at all the stuff that Doge is taken out, it’s, it, it seems where Doge is attacking the most is the appointed position and not the elected ones.

01:52:23,930	It seems like in our government, where the bloke comes in and all the bloat with the dollars and the money is all the appointed positions and it seems like just the elected ones are just the frontmen for all that. If you look at our federal government, you can see we’re, we’re bloat, where the bloat is hidden, where the bloat, you know, we’ve got Doger to find that now. That was the real destruction of our government.

01:52:38,370	It was not, not so much the elected officials, but it was a bloat of the appointed positions. I always liked the analogy of, uh, do you use a chemo treatment to uh use, do hair removal. Well, do you do chemo, do you do your hair removal.

01:52:55,730	No, you take some there, you take some steps. You go to your Dr and say I want to remove some hair. He doesn’t prescribe you chemo and throughout sitting here listening to this, it seems like we’re trying to remove hair with chemo.

01:53:11,000	I guess I’ll, uh, I’ll just finish it off here because like I said, I, I have a hard time collecting my thoughts, little, you know,

01:53:20,370	me that The people Saw him and they voted him in. And I know he’d agree with me that if the people they didn’t like he was doing, and they didn’t agree with them, they’d vote them out and I think that’s the people’s right and I think that’s the

01:53:33,470	way that people should be able to do it. Thank you. Thank you. Thank you. Oh we show up Austin? You’re you’re not done yet. And I have to answer to the, to the masses. I collected myself. I’m actually not a Babhoke speaker.

01:53:56,830	It’s just, uh, you know, yeah yeah. Go ahead. Steve, speaking to the mic, please. Get the Swab. This isn’t. Trying to I think our biggest problem on this commission was trying to do this in the right way, trying to help Mark, not. A dirty laundry in public. Well, it sure feels like wait a minute, wait a minute.

01:54:23,730	We tried, we’ve tried. Uh We’re going to start losing staff and stuff on account of this because they’re doing his work and he Doesn’t seem to want to change. So the people of Burleigh County are dissatisfied with his work, then they can remove him. Well, but it’s not his work. It’s staff is doing his work.

01:54:43,400	Half the time. And the people of Burling County are dissatisfied with that, they can also take action there. Well, The question is though, Are you offended now that we’re, it’s coming out and it’s transparent, it seems like some people are here.

01:55:02,630	And You want transparency, you’re going to get it right here, right now, and I’m a businessman for 47 years. And I’ll tell you what, uh, I can’t go along with, with somebody that doesn’t want to work with other staff. I cannot go along with somebody that That goes out and It’s always somebody else’s fault. You need to grow up.

01:55:35,100	And Jake Responsibility for your actions or inactions, but no, it appears like we got a campaign going here. Oh, it’s everybody’s fault. It’s commissioner’s, it’s this, it’s that. I, hey, come on. That’s what I’m telling you is to be transparent. It isn’t S staff’s fault. And yet Staff takes it on the chin.

01:55:58,200	Via media They’re the ones that are getting this stuff done. And, and you need to realize this and all you people need to look closer into this thing because there’s more going on which, what you think.

01:56:16,800	And this is one of them cases where We don’t want to beat up on Mark. I would like to see Mark take his job seriously because he’s capable. Very capable of doing it. Doesn’t appear like he wants to do it, so just so you know that. OK, thank you, Comm. public hearing, uh, please sign out the podium and state your name for the record.

01:56:40,770	Hi, uh, my name is John Berger. I’m a resident of Bismarck and of Burleigh County. I started out this evening, um, wanting to watch this on television. And I’ll take uh Comm Schwab, uh, your comments into context. I, I hear you on that.

01:57:02,170	But the reason I’m here is, is that I was interested in hearing the pros and cons of moving from an elected office to an appointed office. And that’s not at all what I heard. I heard personal attack after personal attack after personal attack. I don’t think that serves US commissioners well. I don’t think that serves Mark well. And that’s why I’m here.

01:57:23,000	I can’t make a comment on whether this office should be appointed or elected because I haven’t studied enough, but I wanted to learn about it, and I don’t think I did. And that’s my comment. Thank you. Thank you, Mr. Chair. Mr. Chair, well, can I ask a question, John, can I ask a question? Absolutely.

01:57:40,130	I’ll ask you the same thing. Do you think the qualifications for the auditor are sufficient. Are they, are they good enough for Burleigh County taxpayers. I had to ask the gentleman next to me what the qualifications were, but if they’re simply that someone is 18. And that they’re a resident.

01:57:56,570	It does not seem adequate to me. Thank you. And I, as I understand, you guys don’t have the ability to change those qualifications. Um, if, if that’s the whole thing of your argument, you don’t have to attack Mark on that.

01:58:12,130	You say it’s an immovable object, no one can change it for the state, which I find hard to believe. There must be ways to change that too, even if it requires a change in the constitution, but it’s again, it’s turned into an attack. I don’t think that is helpful. I, I agree with so much of what Dustin said and the other gentlemen, this is a great county. I love Bismarck.

01:58:28,030	I I absolutely love North Dakota. I just don’t think this has been helpful. Thank you John. Thank you. Public hearing. Anyone else wishing to speak? me or you, not you. My name’s Patrick Langenfelder. I’m a resident of Burleigh County. Part of that family that’s been here over 100 years.

01:58:57,470	Um I do have some questions on the petition process that I’m having a really hard time getting a straight answer from. Getting bounced around. So my very first question is, Um Because all 6 pages of the Burleigh County Home Rule charter doesn’t cover anything about how to Challenge your petition, Re it.

01:59:26,630	As opposed to Um, changing, changing the home rule. There are different percentages, things like that. But right off the bat, the one thing you hit is state requirements. For sponsoring committee is 25. But the Secretary of State office doesn’t help with the wording. They don’t accept the petition. They don’t. Hood’s responsible for that? Yeah Yeah, it’s, it’s out of the treasurer’s office.

01:59:57,670	State, you’re talking about state or or county? No, for the county. For the count. OK. For the county. But I mean, do they go fully by state rules? Is it a standing, uh, sponsoring committee at 25 people, or does the county have different rules or levels.

02:00:18,170	Cause in different discussions with different people, I’ve Gotten bounced around and I’ve gotten a couple different answers. So the best I could offer would, that would be the auditor’s office, but it’s a question of state law wouldn’t, wouldn’t the state attorney.

02:00:37,000	Well, the Secretary of State won’t answer my question, because it’s a county matter. I don’t have the answer. I would have to ask auditor Sposkowski to I would refer you to Julie Law for clarification. OK. See, and that’s, that’s the problem. I’m getting bounced around from office to office to get the real answer, and I would refer you to North Dakota Century code 11-10.

02:01:01,300	2, which is where um it talks about combining the offices or redesignating the offices, and if you’re talking about the petition to um to protest the plan or to protest the resolution of a final resolution is passed, it’s specifically states that um the final resolution may be.

02:01:21,500	to the qualified electors of the county by a petition protesting the plan. The petition must be signed by 10% or more of the total number of qualified electors of the county voting for governor at the most recent gubernatorial election and filed with the county auditor or functional equivalent of that office before 4 p.m.

02:01:37,670	on the 30th day after the final resolution is adopted within 10 days after the filing of the petition, the county auditor shall examine the petition and ascertain from the voter list whether the petition contains the signatures of a suffici.

02:01:51,930	number of qualified electors and then it goes on to talk about if they don’t have enough, what to do there, but that is specifically under doesn’t talk about the sponsoring committee. There isn’t really a sponsoring committee, um, of qualified electors have to take the petition out. People have to sign the petition, um, and it’s basically um the petition, you have to have a sponsoring committee. Doesn’t say that. Right.

02:02:17,100	It doesn’t have to have responsibility. If you’re a candidate, you don’t have a sponsor, so it’s just a petition that’s approved by the county. And then you, you’re the first one to tell me. 40, that’s all problems. OK. OK, um, First of all, I’m, I’m in favor of this going, going to uh A vote of the people.

02:02:42,730	I mean, we’re talking about Fred, uh, voting franchise to the people. It’s current, currently being uh an elected position. Uh, I do understand that.

02:03:03,770	Burleigh County could You guys could avoid the petition process and challenges and all this other stuff by forming the resolution and putting it on the ballot yourselves. I mean, that would be. I mean, and then the vote of the people, taking away the franchise voter. Uh, without letting them vote on it is, is, is. In my opinion, not right. Um I like having a little bit of conflict between different elected officials.

02:03:31,930	And I don’t have a problem with airing laundry and. public. Cause I mean Uh, A, if first of all, if you know they’re gonna air it in public. You might make more of an effort to resolve the issue before it gets that far? But obviously from the stack of papers there, this is.

02:03:52,630	There have been a lot of fights going on for a long time, so it’s, it’s really too bad. And now that we know that the Hatch Act doesn’t apply. You guys can actively campaign against him. In the next election. Um Let’s see. You went over that.

02:04:18,570	I wrote down some questions and notes, so I’m just kind of going through it. Um I don’t know, he answered most of my questions. He answered the big one. So, I appreciate it, but I am, uh, Opposed to making an appointed position. Especially without a vote. Well, that’s why we’re here. Thank you. OK.

02:04:51,370	Anyone wishing to speak, please sign in at the clipboard by the Pillar Come up to the podium. what say E. Oh Hello commissioners. My name is Chris Langenfelder. I live in Burleigh County. I don’t know who those other Lifeers are lived here 100 years. There might be stretching it a little bit.

02:05:17,500	Um, I’m I’m, I’ve been listening and, and honestly, I think this can be from really all the arguments come down to One Either the people, the voters, are too dumb.

02:05:33,100	Therefore, the therefore the voters should lose a vote. Or If we take a vote away from you, we’ll make government more efficient. That’s the wildest one to me. Never in my life, I mean, think of the deal that’s being made here. Give up a vote. And with the long history of government that we’ve seen our whole life.

02:05:54,370	You give a vote up and we guarantee you. That we will make our government more efficient. I mean, you’re telling that to Americans. It’ll be more efficient. I’ve never seen it. Maybe for a week. Maybe for 5 years. In the long term, never seen it in my life.

02:06:13,230	Government, but you guys give your vote up right away. We’ll make it efficient down the road sometime. Never seen it. And the other thing is, Are we really at a point in government? We’re efficiency is what matters the most. Efficiency. Over freedom. The vote is freedom people. We’re going to be more efficient.

02:06:35,130	I mean, how many forms of government have full of technocrats that aren’t elected, super efficient. Is that where we’re at efficiency. I say freedom. That vote’s my freedom. And I’d rather have crappy, inefficient government and be free than have. The Politburo in all the scientists in the world running it super efficiently, no freedom, freedom first. That’s it.

02:07:00,100	That’s all I got. Thanks, Chris. Public comment. Anyone wishing to speak, please sign out the, the pylon. Second call for public comment. Oh Comm Bakken, can I say one more thing? Certainly. So I just want to address the whole qualifications thing.

02:07:32,300	Because I’ve heard it on the radio too, that, well, if we’re going to expect qualifications for our auditor, like, you know, we do for the sheriff, we do for the state’s attorney. Then we should have minimum qualifications for the 5 of you, you know, here we go again. It’s happening all over.

02:07:54,200	The narratives and the propaganda that we’re comparing grapes and grapefruit, apples and oranges, um. These are part-time jobs here. This is the board of directors. That’s a full-time job. At a cost burden. I’m just going to throw out, I know I heard he said it on the On the radio, what his salary is, so the loading benefits and everything, it’s probably 150 $160,000 a year.

02:08:14,270	So this is a full time position. And what’s happened is this position. Doesn’t believe it’s accountable to these 5 guys. How can these 5, and right now they’re males, so I’m calling them guys. If I’m allowed to do that in this society today, these 5.

02:08:37,730	People, um, can’t succeed at their jobs to protect all of us, unless that job is successful. Now you’re talking about taking a boat away from the people who are voting for somebody in a position. That these guys have to live with and, and can’t hold them accountable.

02:08:56,370	Do you, do you see a problem in how these guys are going to protect us as a county. I, I see a problem here. So that’s what got us to today and we’re here at these 5 public meetings now. For all of you who haven’t been paying attention. I’m sorry, I’m not being critical and at the risk of being critical.

02:09:13,530	Haven’t been paying attention, but you’re up there saying, you know what? I want to have a boat, period. I don’t care if he’s qualified or not, and then you 5 and the, and the employees and the whole county has to live with. Whatever we as a As a voting public within or unwittingly vote to put in there. I just see a major disconnect.

02:09:33,770	I wouldn’t want any one of these jobs and have that happen. It’s it that office has to be accountable to these people in the day to day. These people know what that office is doing. None of you or us do. But yet we’re, we want to have a vote.

02:09:49,470	Well, why, why, why don’t we get to vote for the county engineer. Why don’t we get to vote for Whatever. The Guy that heads the, the roads for the county. I mean, if we want free, no, we shouldn’t. No, we shouldn’t. No, we shouldn’t because because we’re not interviewing these people.

02:10:09,500	We’re not interviewing these people and, and look. The look, these guys are the ones that are looking at their resumes and, and, and, and know what their qualifications are. So, you know, I just wanted to address that part of it.

02:10:28,770	I don’t think it’s fair to say, yep, we should have minimum qualifications here because we want them here in a full-time job and, and a, a position that is extremely important to the county, but I do think that maybe they should be separated auditor and treasurer. Just for, just for a brief, just for a minute. Sure. Come on, Mr. Zubart.

02:10:52,770	Cause I think, you know, some of the stuff you’re saying, yeah, I agree with you. You know, but that’s what these are for. But I think one thing that you’re missing more than anything. Some of us are very entailed on what’s happening.

02:11:08,100	We’ve been watching these county meetings for 2 years, OK? So don’t put us like we’re, we don’t know what we’re talking about here. This is what I would like to see. Maybe you get Mr. Mark up here and ask him if he tried to save the county any money. Because you guys said he lost the county money. Let’s see if he’s mentioned it any of you guys, cause I might know some.

02:11:27,200	Let’s see if he mentioned anything to you guys about how to save money. And you guys turned them down. Let’s air it out. Let’s air it all out. Let’s, let’s air it, let’s hear everything out. Don’t you think that’s fair? Let’s, if you’re gonna sit up here, there’s a lot of people that make comments on both sides, and it’s correct.

02:11:45,630	You guys need to come together, or else we can air everything out. Should we air everything out? That’s what I think we should do is just air everything out. So every voter, every Burleigh County citizen. Knows what’s happening. If it’s the Provident building. If it’s health and human services.

02:12:13,900	ETA OK, we can keep going down the list and you know what I’m talking about, right, Commissioners? Or the Provident Building, the $7 million to go in and redo it, so we can send everybody down there. When there’s other options. That’s the whole thing, and I’m not going to hear it.

02:12:35,270	I’m not going to air it. OK. I think both sides have a good point. There is Austin? Dusting our law is up here said you guys need to work together. OK. I sat down with Mark. He told me his qualifications. I sat and listened to them. And I went, wow. That’s pretty cool. OK. About investing money.

02:13:03,230	OK, not everybody’s perfect. OK. You guys do some things that are right. He does some things that are right. He might do some things that are wrong, but I know what you guys do some things that are wrong. We might disagree on how to spend money. OK. We might disagree on how to spend money.

02:13:20,400	But if you want to save 2 or 3 million bucks, I know where you can save it right now. But you guys don’t want to do that. You said 2 or 3 million? Yeah, you could save it right now.

02:13:40,100	You guys have property, right? You have, you don’t have property taxpayers, but Burleigh County’s got property, right, so it doesn’t, it won’t cost you any money to build on that property, would it? I don’t know what you’re referring to, so go ahead and refer to it. The building. 7 million bucks. Yes, what, what’s your point? Don’t we do something a little bit less expensive than $7 million.

02:13:58,630	And I’m not, I’m not calling you guys out here. I’m just asking for the taxpayers of Burleigh County because our property taxes are, we’re getting crushed. Everybody’s getting crushed, you know, and I know you guys know that, OK? But they seem to keep going up. Our budget keeps going up.

02:14:16,830	And then when when you have an auditor that might bring you something to save you guys money. You forget to tell the public that. Right? You forget to tell the public that. So it goes both ways. He’s trying to help too, and I see you guys are trying to help and that stuff, that’s what I’m saying.

02:14:36,470	You guys are putting it all on one person over here, like he’s the bad Guy, he’s the bad Guy. Look over here while you guys are doing this over here. And I think everybody can work together. Everybody could work together. I mean, we’ve heard both sides here.

02:14:52,730	And there’s some things what they say and I’m like, yeah, the voter thing, I think, I think the voters should 100%. Get a chance to vote on this. I mean, because if we don’t, you guys have already made your decisions up. You guys have already made your decisions. We heard it right away. I’m sitting here going, why did I waste my time to come to this meeting. Mr.

02:15:12,370	Chair, can I respond? Mr. Woodcox. Uh, you talked about investments. And In the last year and a half. We have under I call it underinvested because we didn’t, we didn’t do it, we had a bank in North Dakota called us and said, yeah, you got 16 million sitting in the bank and they’re not doing anything with it.

02:15:31,530	We’re not getting any interest, so let me finish. We’ve, we’ve, our, our auditor, our, our financial director, and they’ve looked at it, we’ve got two of them in the finance department. They went through the books for the last year and a half and we’ve got another state audit coming up.

02:15:47,000	There’s been over a million dollars of your money, not my money, your money that we have lost, that you have lost because of improper and investments and that was because when, when Mark came in as an elected official, he knew nothing, nothing about investment. And that took a while.

02:16:04,630	He did he ask for any education? No. Did he get any help? No. Did he go to a bank or a financial institution. They have financial officers that’ll help you. Did you do any of that? No. So, there you are. We went for a year and a half with improper invest investments.

02:16:21,170	Does that make sense? Do you agree? with that? No, because how can you guarantee it’s a million dollars? Pardon me? How can you guarantee it’s a million dollars? How do you know where it’d be invested at? Because I can’t, I can’t go yeah if I had $160 million here, I lost a million bucks. I can’t say that cause I went no.

02:16:36,100	Uh, we can, we can prove it to you. I mean, it just takes time. Yeah, and that would, and that would be something that would be good. That would be it’s a, it’s a very complicated, it’s a matter of but here’s the point though, Mr. Woodcox. We as voters, will re-elect him or we will elect somebody else.

02:16:56,370	My, my point is the qualifications. You should have somebody that’s qualified in that position, that knows something about banking or investment or business, and now, right now, the law that, that we’re, we’re stuck with was made in 1889. What did the previous years.

02:17:17,200	What did the previous ones do? Were they, were they, uh, Were they accountants? Were they, were they, did they work for Edward Jones? The previous one was a, was a contractor in town. I and I don’t know exactly.

02:17:33,770	Did he work for Edward Jones or one of these? I, I, the, the discussion though, the point of this is, yes, and the point of this though is, where is this position in the county for the future for the best solution because.

02:17:50,270	Our hands are tied as far as qualifications, but how do we set up the county and this is gonna go to a vote of the people given what these comments are. I think the vote of the people is the way to go. And if it turns out how you guys want it, that’s how it goes. This is going to go to a vote.

02:18:01,270	That, that’s why we’re having the time to do this, and we will spend every minute we can. To make sure that everybody’s heard. I think it I think if it I think if it I think if it I think if it goes to a vote to the people need to have a voice and decide. Yeah. And that’s why I’m very appreciative of everybody that’s here today. Yes. And, and we appreciate that.

02:18:15,370	Just let us have the vote if we want it elected or non-elected, because I see both points. I mean, I, I see you come up here and that stuff.

02:18:26,570	You say one or two things, and then there’s one or two things that I look at and go, nope, it ain’t happening. What we’re trying to navigate is the fact that our hands are tied by the century coat and we’re trying to put the county in the best.

02:18:46,830	position to move forward financially long term, so would it be good for the public to hear Mark’s view on investments on what his title is and what he does, and it, it’s a public hearing and Mark will have an opportunity to do that. Uh, this is a public hearing. Anyone else wishing to speak? Hi Cody Burleigh County. Just a couple of things. So I keep hearing this 18 years of age thing.

02:19:08,730	Mark, were you 18 when you got this job? I just feel like you’re looking really good for 18. Really good for 18? Well, I mean, really I’d a lot in the last year. The wisdom is there. OK, so seeing that and we keep saying not qualified. I was 17 when I signed up for the military.

02:19:24,800	Was I qualified? No, I could shoot a pellet gun. I could shoot 22, I could do some things. Couldn’t even have a beer. Couldn’t even have a beer. So 18, I mean, and there, there are some, to be honest with you, there’s some 45 year olds that aren’t qualified because we talked about maturity, right? So I don’t appreciate and, and

02:19:40,770	even if it is 18 and it was 1889, there were some really great wisdom that came out of that era of founding. Fathers. Secondly, I will never read Century Code for fun. It’s a copyright. It is a copyright infringement. It doesn’t mean anything to me. Have I read the Constitution? Several times.

02:19:58,030	Did they take an oath to the Constitution? Absolutely. Did I take an oath to the centric Court? Heck no. There’s a reason. That wasn’t written for me or by me. It was written by lawyers and it’s legalese. You guys just said there’s a 12 page thing that was written because periods cost money.

02:20:15,500	Not because it’s my right or as a description of me as the people. The other thing is an elected position is an elected position throughout that term. And there’s a reason that we hold elected positions, especially when money is at risk.

02:20:35,870	I’m sorry, but I, I get that there is, there are people out there that vote and, and don’t know what they’re doing but, but they have the right to vote because their money is paying for that position their money’s paying for your positions.

02:20:55,100	So it, it absolutely should say now whether or not qualifications and I know that you use analogy about doctors and lawyers, there’s a licensure board for those people, so those qualifications go through them. This position is an elected position and it should stay in elected position. Thank you very much. Thank you for your service as well. a public hearing.

02:21:14,730	Anyone else wishing to speak, please come forward after you sign in at the uh at the pylon signed in evening Commissioners. I’m Luke Langenfelder. I’ve lived here my whole life. I’m another one. We’re all here because of what’s going on with Mark.

02:21:36,200	Uh, I’d like to see some of you be able to sit down on KFYR wherever it is, have put them, put them out here where everybody can see him and have a real discussion about this with him being able to answer questions about His position. I hear. Lots of fingers being pointed. I don’t know all of Mark’s qualifications. He, he’s been helping the city out for more than 2 or 3 years. Just allow him to speak.

02:21:59,570	Have the balls to sit down and have a conversation with them that people can hear. I think everybody would really appreciate. Getting both sides of this story on a one on one deal instead of It being separated the way that it is. I don’t think that that would be that tough to do. It’s all I have to say. Thank you. Yeah.

02:22:29,000	Hello, I’m Kip Rath. This is new to me. Burleigh County resident. And I would just say I’m gonna make this short and sweet. I feel that it should be an elected position. And Just do right. Just do right. U5 and Mark. Just do right and work together. Thank you. Thank you. public comment.

02:23:01,630	The Anyone else wishing to speak? Hi, I’m Matt Langenfelder Family, family reunion. Um, are there any other ones? Uh The Dodge thing got me thinking, um, I, I know earlier someone mentioned, uh, That is a negative, Mark pointed people used to paper ballots.

02:23:42,730	uh, Elon Musk, among other people have come out and said paper ballots are the most secure, best way to do elections and there’s really no reason to do electronic voting machines other than to enable cheating. That’s all I got to say. There you go.

02:24:29,670	Anyone else wishing to speak? Yes So my name is Laurie Halvorson and I’m a Burleigh County resident, and I do not. Want this to change. This needs to be an elected position. There is no way you guys shouldn’t be overseeing by somebody that’s looking after the money. I don’t trust you with all the money. We need to have somebody independent overseeing you guys with the money.

02:24:49,000	That’s all I have to say. Thank you. Hi. My, my name is K Kay and yes, I am a, a, I’m resident. And I really have nothing new to say other than to support what we’ve been talking about here is that this Auditor position should be and and one that we

02:25:11,930	vote for, it should not be one that you guys appoint and I just wanted to say that. Thank you. Thank you. Good evening, uh, Steve Nagel here and um as I understand, 2020, this already went to a vote, 2022, the 2022 initiative is what changed that, correct? Right, to be able to, to be able to

02:25:38,030	move this to change the rules. And so in order for that to happen, it had to go to the voters again, correct? So the point being is, in order for it to go to the voters, it had a gun or support and so I specifically and there was um

02:25:53,570	very thankfully we have people that are really great at looking back at different testimonies and what I would like to present and, and play for you here is testimony, um, during that time from, from our, from the state’s attorney, Julie Layer stating that this would also that it would have

02:26:11,130	to go back to the voters anyways, um, and so have the audio here that I’d like to play if you guys are OK with that. Just make sure you hold it up to the mic, Steve. OK.

02:26:31,530	the public and this the public and the subcommittee today is that home rule charter draft with Section 2 added regarding adoption of ordinances and regulations. That pretty much follows the century code as it allows um The public by referendum to initiate uh county-wide ordinance or it also allows the county Commission to adopt a county-wide ordinance.

02:26:53,230	One other thing I wanted to point out is that under Article 3 of the drought, um, there were a couple of provisions added regarding elections. first Home Rule charter had um two paragraphs because the home rule charter has to state um regarding elected officials either staying elected or being appointed.

02:27:15,100	That was included in the 2013 draft, but this 2022 draft does add a couple more provisions again to comply with state law, which does allow um Converting those elected offices to appointed offices um with approval of the electorate. So that um If it’s contested, and so that was added on just to comport with statute as well. So I just wanted to point out those were the two changes that were made from the 2013 Home Rule charter to this 2022.

02:27:33,300	Charter the 2022 draft does not have a. Um I don’t know what you want to call it a sunset provision is what we call it in the law where it expires after a time regarding the ordinance authority. It still has the sunset provision or the expiration date for the 0% sales tax.

02:27:55,200	So really the only changes that were made were to add that ordinance making authority and make that as long as the whole world charter is in existence. to clear up that language regarding um elected and appointed officials. So then, uh, Mr.

02:28:14,370	Garlow asked for a clarifying question that the, the statute requires the language regarding the elected officials. be in the home home rule exists. Was that the statute at the time of the passage of the Home Rule, or was that passed since 15? No, that’s, that’s been in there for. This was a mistake.

02:28:33,100	So, so the original home rule technically could have Issues on its own just because of that. No, there aren’t any issues with it. It’s just that the, the statute required that we put something in as to whether those elected positions were made elected or be appointed.

02:28:49,300	And so basically it just says that they, they’re elected and they stay elected because the statute requires us to address that issue. They’re elected and they stay elected, so they’re elected and they stay elected. So this was given before it went to a vote.

02:29:08,230	And so what happens then is the media says all these, all these people that were trying to garner support for it says don’t worry, it’ll remain in an elected position, but apparently that’s not the case. Apparently, our memories have shifted, specifically our state’s attorney’s memory has shifted as to what the, what, how this thing works. Either that memory is shifted perspective has. shifted or it was never really truly genuine to start with.

02:29:27,470	That’s all I got for you guys tonight. Thank you, Mr. Nagle. public hearing. Anyone else wishing to speak? Second I, I’m Marsha. Can you hear me? I’m Marsha Lemke and I’m a citizen of Burleigh County, um.

02:29:59,000	I’m not saying one way or the other whether this should be appointed or elected, but I am concerned about the next two need a good facilitator who can bring you all together and sit down and figure this out for the next 2 years.

02:30:17,100	I appreciate though that you’re having this open hearings, that’s always good for citizens to be able to speak and to decide um whether it is but I don’t see how the voters could vote honestly one way or the other right now, you know, there needs to be a facilitator who brings out all the best and the worst together and um if you have no other ideas I know University of Mary has.

02:30:34,830	Some very capable people, but I’m sure you know other facilitators too, so I’m, I’m, I’m really concerned as a mom and a grandma here and a great grandma now in Burleigh County. We’ve got them all here, um, we need to get this settled down. 2 years is too long to be messing around like this, you guys, please, thank you. Thank you. Anyone else wishing to speak? Second call for public hearing.

02:30:55,270	3rd and final call for public hearing. Public hearing is now, uh, closed, um, actually, Before I close it, Mark, do you have anything to add or? I mean, at some point, if you want to speak at one of these, feel free. I will only speak if the people want me to right now. Yes.

02:31:23,900	And, and again, the intent is not about Personal or, or I, this is me speaking. This is not supposed to be about personal. We’re not supposed to have personal at the table. This is about the office itself and what’s the best way to move forward with the office. Is it, um, having an appointed or elected position, and Mark, go ahead.

02:31:42,630	In an effort to not hog the microphone, I will apply the 5 minute timer to myself. Really? I didn’t do that all night. You know, yes, uh, uh, vice uh, Vice Chair Bakken. I know that you’ve said that this is not a personal attack. Um, however, I think the people here can see that’s quite the opposite.

02:32:03,400	Um, this has been a personal attack. Uh, in this, now granted, that being said, this isn’t the first time a That my position has been attacked. By commissioners and not the first auditor to go through this. It just.

02:32:25,470	Has gone public now Um, There are too many comments that were made tonight by commissioners, and I’m actually very uh disturbed and disappointed that so many of the people here at the public hearing were challenged by commissioners. Um, in my opinion, a, uh, personal, a, a, a elected official when listening to public hearing should be neutral.

02:32:49,000	Um, I’ve gone through public hearings along with yourself on the city commission, very contentious ones and um I, I think that we both handled ourselves well and we didn’t challenge people. We, we were there to listen to the people. And tonight we had commissioners challenging the people. Um, which is concerning to me.

02:33:08,000	Uh, there’s also comments made about um me not reaching out for guidance, not reaching out for help, not reaching out to banks. What, uh, I’m sorry, Comm Woodcox, how many times have I met with banks in the last two years. Talking about the 1st 6 months or the 1st 9 months, 0.

02:33:24,570	You might have called him or something, but you didn’t ask him any investment advice. So you, so you know for sure that I have not, I did not meet with any banks in the 1st 6 months to be an auditor. Do you know that? You did not. I have no idea whether you did or did not. Thank you. Thank you.

02:33:40,500	All I’m, all I’m saying is, now let me finish. So you hearing, I’ll, I’ll stop my timer here. OK, your time. All I’m saying is that the, the production that we got in the first year and a half was not according to anybody’s advice, good advice.

02:33:55,630	I don’t know where you got it, but it certainly wasn’t good because the taxpayers have lost 1.5 million of, of money. If you don’t, if they don’t want to worry about it, don’t worry about it.

02:34:11,830	Then we’ll keep going the way we are, and I know in the last month or the last 6 weeks, the, the investment policy has changed because now things are invested properly, but before that they were not. Now, I don’t know whether you met with them or not. I don’t know whether I was on a bank board before, so, uh, I know what, I know what they have available, whether you went and met with them, I don’t know.

02:34:26,000	I’ll, OK, OK. Did you? Yes. Where? Who, if you want to be specific, who I met with them here in our first work conference from who? Most of them. Most of them. In our first, in our first floor conference room. And that is where we decided to start.

02:34:44,100	Consolidating how many banks we were in, because we were in so many different banks. It was on, it was unmanageable, OK. I don’t want to do I’m not, I’m not gonna argue with right here. We’re not gonna argue right here because it doesn’t make No. OK, thank you. So, um, So there have been times.

02:35:06,630	Where I’ve reached out for things and then also and uh thank you for the maybe unintended compliment, but I’ll take it that way that we’re investing well right now. Yes, you are. Thank you. I’ll take that. I hope you are. I understand you are. Example. Right. I went out for bids. I just reinvested a good share of money here this last week.

02:35:22,170	Went out for bids for treasuries and CDs. Treasuries were never looked at in the past by myself or any previous auditor looked out for treasuries. Treasury had a higher percentage rate. But they come with administration fees. That wasn’t discussed before, was it? They come with administration fees.

02:35:45,670	After the administration fees, the CDs produced higher yields. That wasn’t discussed. How about the ones that you didn’t do anything with. So. So here’s another example. We’re, we’re getting into here’s another example of a public hearing gone awry.

02:36:05,100	Um, so, um, that being said, and I’m saying this for the benefit of the people because they requested me to get up and, and speak. Um, there have been many, many issues with myself. With the commissioners, with individual commissioners, and it’s been stated that they’ve tried to work with me. Um, I can say as a gross.

02:36:25,500	Uh, misrepresentation of what has happened in the last year, um, I’ve reached out for help. I even asked for another person on my, on in my staff, which was taken off immediately, um, the, the structure of our office has been changed drastically over the last 30 years. No auditor has had to deal with the office structure that I’ve had to deal with in the last 30 years.

02:36:43,770	No auditor and so this commission comes forward and says, we got a real mess here, we got a real problem. I agree. We have a major mess. And I’ve been saying the whole time to stop.

02:37:05,570	I’m on standing at this this podium here saying don’t do this, don’t do this, and don’t do this, please, because then I will need more staff and I will cost the taxpayers more money. I’m on the record you’re looking at me directly and I don’t know, you’ve never told me that, to stop. You’ve never told me that. Um, you can look at the. Look at the meeting as recorded, thank God. So there have been many times.

02:37:23,770	And there has been many issues that I brought up where we can save the county money, and I want to work with you. I want to work with you because I believe. That Burleigh County needs to be successful, and we, and yourselves.

02:37:43,800	are here to serve the taxpayers, not ourselves, nor not only our special interests, not our own personal goals. We are here for them. That’s 5 minutes. Thanks. Thank you, Mark. So final call for public hearing. Any other Langenfelders want to speak? All right, this public hearing is closed.

02:38:06,830	Uh, I will say this, uh, our next public hearing, and if you’ve already spoken, uh, you will not have an opportunity to speak again, uh, so that we can open it up for everybody else who has not spoke, but our next public hearing will be March 17th, uh, in the Burleigh County Commission uh room right here.

02:38:23,500	Also April 7th, uh, in, uh, the meeting here as well and some dates to be determined in both Sterling and Wilton. Um, the online survey, um, I’m gonna pass this back to our chair, uh, If he has anything to add because he did not have an opportunity to speak at the beginning as well, and then I do want to have a discussion of our preliminary resolution and

02:38:41,800	what that looks like online so we can have public comment on uh online as well, so. Go ahead and, go ahead and continue with that if you would. OK.

02:38:59,000	So, the, um, preliminary resolution and, uh, if I can get Mary Singer up here, we had, uh, had a couple conversations, and I know we did have, uh, some people that reached out, um. uh, with a valid point that a large population of Burleig County is in Bismarck, and if they don’t have an opportunity, uh, to speak as well.

02:39:20,630	Um, I’m amenable to having another Saturday date, uh, that’s in Burleigh County or in Bismarck rather than um the county and if that means we have to do 3 on a day, um, I’m open for that, uh, as well, because that was a valid point on, uh, um, somebody that may not be able to attend one of these meetings, having to

02:39:33,170	travel. Uh, a long distance to go to one of the other ones out of town when they live in town. So, um, little different discussion, but as far as uh our online where are we at as far as getting that posted cause I know there was some, uh,

02:39:46,370	Amendments or some changes that we were looking at doing. So the survey remains the same. Is that on? Is that microphone on? The online survey remains the same, um, we have the preliminary resolution, uh, the preliminary plan and then the questions are the same as what was presented before, first and

02:40:09,770	last name, their address, C within Burle County. Email is optional. Phone number is optional for follow-up and then comments, um, my only suggestion would just be to ask the yes or no question, do you approve redesignating elective office of auditor treasurer to appointed.

02:40:28,000	as we did for the sign up sheet. OK, so, I would be amenable to that is if you want to have a consensus for that, I think we’re, we’re fine with that as well. Um, I’m good with it. So, I’m good with that. The Comm Woodcox. And no change as far as I’m concerned.

02:40:45,470	Uh, Comm Schwab, are you OK with that? I’m going to the bathroom. OK. Well, I was going to ask for a pause before we get back at her, so actually we have to wait for you then, because we, well, actually, no, we have a consensus. Yeah, we’re good.

02:41:02,630	So yes, Mary, please make that addition to that. So, uh, then the online survey will probably be up tomorrow or the day after, and then we’ll make sure we post that so it’s available off the main page. OK, thank you. So for those listening at home, uh, that survey will be available either tomorrow or on Wednesday.

02:41:20,730	uh, on the Burleigh County website for input. So Uh, once again, I, I did want to read through the, uh, the preliminary resolution, um, so.

02:41:38,370	It is actually whether or not to redesignate the elective office and the resolution itself is whereas the elected offices of Burleigh County Auditor and Burleigh County treasurer have been combined into one elective office, um, back in May 5th of 2003, whereas the county auditor, treasurer’s primary duties or chief financial officer, Elections officer, secretary of the county commission, keeping

02:41:56,000	track of all property taxes and to account act as the accountant financial manager and investor. for the county, whereas pursuant to North Dakota Century Code 11-10-04.

02:42:15,200	The qualification for an elected county auditor or county treasurer is the candidate must be qualified elector in the county, which is at least 18 years old, and a resident of the county, whereas the board of county Commissioners believes that more qualifications are necessary for an individual to hold the position of auditor treasurer, whereas the Home Rule charter for Burleigh County as passed on June 11, 2024.

02:42:32,830	Article 3 Section 3 allows the Board of County Commissioners to of State law converting the elected office to county auditor, treasurer in an appointed office and pursuant to North Dakota Century code 11-021-10.2-011 subc, the county may redesignate an elective, uh, county office as an appointed office.

02:43:00,470	Now, therefore be it resolved that effective April 1st, 2027 and in accordance with the details of the be right. designated as an appointed office resolved that a copy of this preliminary resolution and accompany plan shall be filed in the office of the county Auditor treasurer and shall be published once each week for 2 consecutive weeks with public hearings scheduled thereafter, uh, dated this 3rd day of February 2025.

02:43:20,370	Burleigh County Commission and um that is what is up for discussion on whether or not it should be an elected or appointed position, I would ask everybody at home, um, do your homework, look into it, uh, There are some larger cities and larger jurisdictions, uh, larger counties that have gone that route and there’s benefits

02:43:38,670	and I can see the point on both sides, but again this is an opportunity for the voters and the taxpayers of Burle County to have a voice, and that’s what this is about. So once again, our next uh public hearing will be March 17th, uh, in this building at 5:00 p.m.

02:43:57,170	for the Burleigh County Commission meeting. So with that, I will. Well, you’re on that subject, we talked about the counties that, that have you the list. So it’s cast, Grand Forks, Lamour, Nelson, Pierce, Richland, Stutzman, Towner, Walsh, Ward and Wells. So those are the counties that have already.

02:44:27,670	On that, and then somebody had a question about salary and salary and benefits, so at one point I I asked the HR director with the salary is for the auditor. So the salary without benefits is $111,238.40 and with benefits, that adds up to $166,077.98 just for information, that’s all I had.

02:44:54,370	Um, all right, then, uh, our final, as all the other commissioners had an opportunity to speak and use the portfolio holder. Did you have anything to add, uh, cause I know you deferred, uh, your opportunity to speak.

02:45:11,900	You know, we’ve been going at it now for almost 3 hours, and, um, I obviously I have a little bit of information, you know, and, and there was a list that I kind of boiled down to like um 55 um individual issues. Um, but I’d, I’d rather hang on to that for, for another time, so we can move on and OK, Mr. Chair.

02:45:26,000	One of the things these people complain about is they don’t know any of that, and I, we, we’ve got to get it out at some time and it may take time, but I think it’s worth it. I really do. Well, if, if, if that’s an opportunity at the next meeting if you want for brevity’s sake.

02:45:39,230	I, I would like to do it at the next meeting because we’ve already got 3 hours into it. OK, well, I don’t care if it’s 3 hours or 30 hours. I’m, that’s what we’re here for. We’ve got to take the time. That’s our job, um. Alright, with that, I will pass the, uh, hey, hey. The meeting back to, uh, She bitter.

02:45:59,000	Thank you, Comm Bachan, I appreciate you, um, doing the various reading and whatnot because that’s um. That’s a mouthful. I appreciate you doing it. Could we get that repeated for the record? Certainly. That’s a mouthful. Before we get back into the meeting, uh, could I have a two-minute, uh, recess. Yeah, you go right ahead. Go ahead amongst yourselves. OK. Mr.

02:46:20,870	Chair, Comm, while he’s leaving, And you’ll be back, obviously. There are so many things that people don’t know, and the pile of them is right there and then we’ve all got our individual. Things where we’ve tried to work with the auditor and they just haven’t worked.

02:46:37,630	And people don’t know that, and it’s not just that we’re picking on one particular thing. There are hundreds of things that have happened that we, that have not, we haven’t gotten the. Work out of it or we haven’t gotten the right answers or the answers at all and and so many things have come out that people don’t know about it.

02:46:53,930	And I think we’ve got to spend some time on what he’s got and what we’ve got, everybody, every Comm and every, every, every head of every department has things that they’ve worked with the, the auditor, and it would not worked. They just have not worked. So I want to make that point clear. Yeah.

02:47:10,470	Um, Commissionerw? The problem with that. And I’m beginning to see that tonight. Everybody wants transparency. They’re getting transparency and it’s going to get worse. But they all say, Not at all, but a lot of them say, well, You know, We’re after Mark, No. Mark has done good work for me.

02:47:38,000	When he feels like it. I want everybody to know that. His problem is he doesn’t know how to do teamwork with staff and stuff, although he says he does. He is not doing it and it’s just This county is lost a lot of money and stuff on account of that.

02:47:59,670	And To go out like I said, and to blame the commissioners. Now last time they, it was used to be, it was just after the chair. Now all of a sudden there’s 3 commissioners, might as well make it 5.

02:48:21,470	Because 5 people are sitting here and, and I actually think we probably, it was right that we didn’t go after the sooner. It’s kind of like we were trying to cover up for him and get things through, but He doesn’t appreciate it. And when everything comes up again, when the stuff comes up again.

02:48:39,570	Then the people that he’s been Been trying to throw under the bus, are gonna have to come and bail the county out again, and I don’t think that’s fair. And like I said, I like Mark personally. He could do it if he wanted to do it, but it doesn’t seem like he wants to work with people. Mr. Chair.

02:48:55,100	OK, Comm Munson. I want to follow up with something that, uh, vice chair had made a point on At the end of the day, it is our job as commissioners. To ask the residents. this to be an appointed or an elected position. It is our responsibility.

02:49:18,570	To explain To the residents Why we feel it should be an appointed versus an elected. And, and that’s where. What Mark did in the past. Doesn’t matter. The reality of it is, is, and, and vice chair Bakken said it quite well. We’ve grown to be a very, very large community.

02:49:40,570	And we need to prove to the residents that this should be either appointed or elected. And I think it gets down to the bottom line there. We, it’s our responsibility. To tell, to teach the residents or to explain to the residents why we feel it that way.

02:50:00,800	Comm Bach and just beyond that, I, uh, and again, and I can’t state this enough for me, this is not about. Anything personal, it’s not tit for tat. It’s nothing like that. This is about what the best form of, Business for the county of Burleigh looks like moving forward, you know, it, and it’s the same as if we’re having a discussion on a county administrator, so there’s more oversight for the

02:50:22,800	entire operation. There’s a lot of different components to this, and this is now, it’s my doe statement earlier. It, it’s about efficiency. Yeah, we’re here at the behest of our voters and our taxpayers, but it’s our responsibility to do in the most efficient economical fashion possible because it’s not money. It’s not ours.

02:50:45,570	And, and So If we don’t have an opportunity. To constantly challenge ourselves. To what does it need to look like? And I the phrase I hate the most on this planet. I hated it as mayor. I hate it today. I will always hate it is that’s the way we’ve always done business.

02:51:04,770	And evolve or die, if you’re not looking at it and you know what, what’s been going on for 40 years might be the best path. It might be the best way to do something, but if you’re not looking at it, you’re not gonna know it’s the best way.

02:51:17,000	So you always have to be looking at is there a better way to do something, and that is what is incumbent upon us as elected positions. OK Thank you. We’re going to move on to Item number 8, County engineer Hall, 2nd approach permits, developer waiver request, awarding of contract for replacement of the bridge at that number review of previous Bartlett and West contracts and contract County

02:51:42,170	Road 10 Roadway Improvement. Mars, welcome. Thank you, uh, good evening. First item I have is a request for a second approach. Uh, we received a request for a second approach up in harvest Grove’s 3rd subdivision.

02:51:58,400	There is a map in your, uh, a packet to locate where that is at, uh, because the proposed second approach was less than 100 ft, Senator to center. Uh, we were not as a highway department, um. allowed to approve that, so we denied that the individual would asked for uh that appeal to the county board, and I said I’d put it together and bring it to the board, so I have.

02:52:17,470	Uh, the second map that you’ve got kind of shows where those two approaches will be. This is a low speed, low traffic count kind of roadway. There isn’t, uh, the second approach will not, uh, decrease the safety by any massive amount. So I don’t necessarily see a problem with it. Sure. Mr.

02:52:40,470	Marcus, uh, long term development perspective, um, because currently it’s low speed, low. Um, risk at this location, um, We’re putting a second approach in Comber anybody else in the future from Any opportunities up there? Is adjacent landowners or or or resetting a bad precedent by doing this if it was to pass,

02:53:05,930	um, again, I look at unintended consequences. Yeah, yeah, you, you’re correct, Comm. At some point down the road, if every individual out there asks for a second approach, you’d start looking at that and going, You know, is that really a safe situation.

02:53:24,130	However, as long as it stays low volume, low speed, I don’t necessarily think a lot of approaches were gonna negatively. And this isn’t going to change. This is residential, it won’t be an improved roadway. That’s correct. So, That’s all I had. I moved to approve if, if anybody else doesn’t have any. No motion the second to approve any further discussion, seeing none. Comm Munson. Yes.

02:53:50,770	Comm Bakken. Yes. Comm Schwab. Yes. Commission Woodcox. Yes. Chair Bitner. Yes, motion carries. Uh, the, the next item I have on the agenda, this individual, uh, asked, uh, today, he just uh contacted us and said he was not going to move forward with plotting this particular property, so we

02:54:07,900	don’t need to address uh the payment waiver at. this time, so. OK. Re reflect that has been withdrawn. The next item I have on the, on the agenda is, uh, moving forward with the uh replacement of bridge 126-40, uh, the county, uh.

02:54:34,100	is looking forward to replacing this bridge on February 3rd, the county board authorized the auditor and the engineer to advertise for bids. We did open bids on February 27th. Uh, the bids are listed in your packet. We did receive two bids, and they are below the engineer’s estimate. We’ve reviewed the bids. They look just fine.

02:54:51,530	Uh, we recommend, uh, adopting the proposed resolution in your packet. Move to improve awarding the contract to MMI Improvement Company for 330,000 703 and 8 cents. I motion I motion Comm Woodcox. How is this being paid again or that’s. At this particular, uh, bridge is being paved with, uh, general fund money. OK. That’s what I thought. Thank you.

02:55:18,500	Significantly under the engineer’s estimate, which is, is a great thing for Burleigh County because I had, if I recall right, even the culverts were culverts were also that’s that’s all great news. Anything else? Call the rope. Comm Bakken. Yes. Comm Schwab. Yes. Mr. Woodcox. Yes. Mr. Munson. Yes. Chair Bitner.

02:55:36,200	Yes, Motion carries. The next item I have on the agenda, uh, at the last county board meeting, we were discussing hiring a contractor or a design engineering firm uh to the, to do the engineering.

02:55:55,370	services for us on Highway 10, and there was some concern about the particular firm that we selected for this particular project, uh, because of that concern, we felt it was maybe a good idea to line up a meeting with my, uh, portfolio holder and the consultant firm that was in, in question, uh, this particular firm, the, the issue was not necessarily with their engineering side of the operation, uh, but with other

02:56:10,900	sides of their operations. So we did set up that meeting. I was not able to attend that, but Comm Schwab did and maybe he give a summary of, of that particular meeting. Mr. Schwab, you went on.

02:56:27,230	Are you, Do we dare use the name? Yeah, you can. OK. We had a meeting with um Bartlett and West. And it goes back quite a ways to 20018. Where there is supposed to be a feasibility study. done For the First spilling out the fairground. It was an analytical study.

02:57:03,100	Turns out it really Wasn’t one And, uh, Quite an argument at one, at a commission meeting in In, uh 2018. Came between Chair Bitner, and you were sitting in my chair at that time. And the gal was sitting in your chair. Well, anyway, that could have been resolved way back then easily. But Whatever. So we sat down with Darren Schaffer and James. Landenberger.

02:57:38,630	From Bartlett and West. The people there are me, Casey and. Dan at the highway department and As a team, the 5 of us went through everything and come to the conclusion that Back then, They didn’t really do a feasibility study, and they should have come to the commission.

02:58:09,770	For direction Because they had already gotten response that Uh, It wasn’t feasible. They just wasn’t any place around here where you get the information that they needed. Instead, they’re kind of went ahead and Uh did what they call a recap of a study and it was actually Not what we really wanted. But anyway, we worked together.

02:58:38,030	And uh We decided that if it wasn’t what we wanted, what we needed wasn’t the right product. They would refund the money, and they did. Uh I have nothing but good to say about Bartlett and West. I’ve worked behind them.

02:59:01,470	And I honestly believe That it’s kind of, uh, every once in a while in business, you can have an employee just goes out there and just doesn’t follow the rules. And this happens and they don’t catch it, they get the bit. Oh, excuse me, they get the bill, but they’re going to assume that it’s a good bill.

02:59:18,270	And, uh, in this case it wasn’t, but I want to see them continue. To work with Burleigh County and I’m going to ask you to accept, uh, that check for, It’s the end of it. And then I want to thank uh Marcus and all these guys up there.

02:59:39,370	Bartlett West guys, Mark did some research on it. Uh It was a team effort. OK. Thank you, Comm. That’s good information. I want the record to reflect that we do have in our possession a check from Bartlett and Westford. $16,500 and we thank them for their attention to that.

03:00:01,530	Issue because that affected a vote on the, on the, at the last county Commission meeting. Um So I’ll make sure and get this to staff. Other than that, go ahead. Thank you, Commissioners. Um, so this follows into the next item that we have on the agenda, which is basically uh hiring a consulting firm to do construction administration for our Highway 10 project coming up.

03:00:25,470	Uh, this particular engineer, uh, this particular services will be paid 80% federal, uh, 20% local. On December 2nd, uh, the county board authorized the highway department to seek, uh, Construction Engineering services, uh, on February 3rd, we opened up the proposals. We did receive 7 proposals at that time.

03:00:44,030	Uh, one of the firms did drop out, um, but, uh, we, we did go ahead with the uh conducting interviews. And then we did that on February 13th, uh, through that interview process, we rank the firms.

03:01:04,370	Uh, Bartland West was ranked the most qualified firm, uh, because this is a heavy heavily subsidized federal project, the DOT does most of the negotiations, uh, on this particular project. So, uh, between the DOT, Bartland West, and the county will sit down, uh, develop the scope of services and come up with the dollar figure associated with that. There is a proposed resolution in your packet to, uh, move forward.

03:01:24,730	and, uh, hire Bartland West to do this particular project. Move to approve. Second, I have a motion of 2nd to approve any further discussion. Seeing non cholera, Comm Schwab, Yes, Comm Woods? Yes. Comm Munson? Yes. Comm Bakken. Yes. Yes, motion carries. Thank you. That’s all I have. OK counting county.

03:01:51,470	Planning Director Mitch Flanagan, amend Article 8, Section 28, accessory dwelling units. Welcome you. Good evening, Commissioners. Um, did you receive the packet today, uh, the. We did. Yeah. Yes. OK. We did. All right. Um, this is, uh, A petition to uh Amend Article 8 Section 28 to allow accessory buildings in Burleigh County.

03:02:16,900	Um, it’s, it’s basically these are type units that are separate and complete dwelling units either inside an existing home or a detached accessory building. The, uh, the intent of this one of the purposes of this ADU ordinance is to encourage the accessory dwelling buildings be compatible with the design. And the character of these neighborhoods for single family especially.

03:02:40,470	There was a lot of discussion at our meetings of Why can’t we just have a non-related person. We build a house for them if he’s sick or they needed help or whatever. Yeah, intent of this is to allow it for for relatives. Mother-in-law’s uh elderly parents, college kids, whatever, um.

03:03:04,470	And keep it in the family, keep it in the residential confinement of of just related people, relatable people. And it was kicked around quite a bit, quite often, almost every, every meeting, and it was basically, I ended up explaining that that would be more along the lines of multifamily. And it’s multifamily dwellings are not allowed in Burleigh County.

03:03:27,500	We have duplex. You can build a duplex if they rezone it to an R3 or have a development of R3. But there is uh it’s back to basically they weren’t, they were concerned about the affordable housing in Burleigh.

03:03:49,000	And so this, the intent of this was, was not to to to allow affordable housing, but to, uh, some of the people that I’ve talked to, the reason why I even began this is that they there was a complaint about a neighbor who had built on his garage for his father.

03:04:04,170	And we had to deal with that and so that was the beginning of why we wanted to introduce us. So it’s um. It’s, it’s, it’s a confined ordinance. It could be problematic in the future if people want to start renting these things out, and that was discussed.

03:04:21,570	I know you, you brought it up when you were at the meeting, Brian, you, Comm, a Binner that you, you did not want to allow this. And that’s a consideration, a big consideration. So It is a very simple 6-page ordinance. It has um attached to it, although it’s not part of the ordinance, it’s attached to it as a non-conversion agreement that they would need to sign.

03:04:41,730	Basically stating that they cannot Uh, we start renting it out or selling a separate property or anything like that. It’s, it’s confining to that original agreement of as per the special use permit. It was, uh, it went to two public hearings and the last public hearing, it was recommended for approval.

03:05:05,230	So moved quick question. OK. Um So Mitch The one issue I saw about this was enforcement, um. Say somebody moves in to one of these dwellings not related. And how do we enforce that? That, that was my question when I read through this was, well, you know, I’m not charging them rent, so they’re fine.

03:05:34,500	Uh what’s the enforcement action here or, or the mechanism by which we can have some oversight on this. Again, it’s the confinements of that that special use permit, how we issued in the first place, considered it approved it all the considerations of that, we have to follow that because

03:05:51,500	each one of these are gonna be different. I mean, you’re gonna have a little bit different on this one. Different conditions, but it still has to be tied to that.

03:06:06,500	Um, proof that they’re related to each other and it’s to keep it in the confinements of a family. OK. That’s, I mean, we have to rely on the original issuance of that permit and go back to the record of it and, and talk to the owners of, of how this was established in the first place, would that be something that If somebody

03:06:23,100	wants to establish that, we get that in writing so that there is an easy record of that. Yeah, that, that is what he’s talking about. Yeah, so it’s permit, and we go through. Right, but it, it, I still see there’s, Potential loophole that I know it it’s, it’s, it’s gonna be hard.

03:06:43,300	I’m, I’m not, not in favor of them. It’s just, you know, somebody wants to try to skirt the issue. I, I, that’s not fair to the rest of the neighbors either, so Comm Schwab. I believe the county, would I, not the county, but the city. Allows see, right? Yes. Yes.

03:07:06,830	Yeah Well, so how do they handle it? Mhm Pretty much the same way, non-conversion Mr. Chair, there’s non-conversion agreement. It has to be signed and it’s recorded. Um, so it’s kind of. It’s a record of what we have for their agreement.

03:07:25,100	I, I was mayor at the time and that was the quote unquote granny flats or the, the mother-in-law suites and the ability to, to be able to do that. Yeah. So, No, I was, I was part of that too. Yes, the planning, so. Um, I will second the motion. OK, I have a motion to second any further discussion? Seeing none, Comm Woods. Yes, Comm Munson. Yes. Comm Bakken. Yes. Comm Schwab. Yes. Chair Bitner. Yes.

03:07:45,830	Motion carries. Thank you. OK. Next is, uh, uh, Comm Bakken, the carbon dioxide discussion. We had a, I’ll just give a little background real quick, we had a little discussion.

03:08:10,900	Um, it’s not, not necessarily just Carbon dioxide, he, he has an opportunity to go to Washington DC and speak on the subject of carbon dioxide, and that’s, he’s looking for consensus or approval from the County Commission. Go ahead, Comm first of all, is there a representative of Summit carbon Solutions here tonight. Because they’re. You’re kidding me. Because they show up at everything. Oh. Yeah. No, there’s not.

03:08:32,200	OK, um, I had an opportunity, I, I was, uh, approached by a group, um, including some folks from South Dakota that are fighting, uh, uh, the carbon sequestration and what I view as the illegal taking of land, um, and the public safety side concerning uh CO2 pipelines, uh, in the proximity of property owners and residences. um.

03:08:54,100	So I have an opportunity to go. I was invited as an elected official. I wanted to come and ask for permission from this board. I have my own opinions.

03:09:12,170	I think we’re all pretty much in consensus, but I did want a consensus from this board to be able to speak for the For the county, so that, that was my ask tonight. OK, first of all, I don’t, I don’t have any problem with that. I think we’ve, we’ve all been involved in this conversations. And I think we’re all on the same page. We’re nearly the same page.

03:09:33,630	And so I, I personally County in a favorable way. And I would be OK with that and if it requires a motion, I would ask for one, but I think consensus is probably fine. Munson, um, my first question after having all these conversations about whose expense is it for you to travel to DC for this.

03:09:53,900	There is zero cost to Burleigh County. I was invited uh to speak as an elected official, um, and the entire expense will be picked up by those that invited me. OK.

03:10:15,270	Um, it’s my understanding there’s going to be about 500 people from across the country that’ll be speaking or at in DC, uh, to do some lobbying and, and, uh, speak on. What municipalities are dealing with and landowners are dealing with, uh, concerning carbon sequestration, so, um, there will be no expense to Burleigh County. And I, and I concur, I, we all believe pretty much the same thing and you have my boat to go.

03:10:37,400	Where, where is this at? Washington DC. I ain’t going with you. Just, just think, Comm, that County Just, just think, Comm, that County Um, obviously you’re working with um um. folks that have Do we need a lot. We need a motion. Um. Yes. I, I think that would be OK. I will be approved. OK. Motion the second to approve.

03:11:08,130	um Speaking for the county, so I think we should approve it. Yeah, I’m, I’m OK with it. So, um, any other discussion, call the roll please. Comm Munson. Yes. Comm Bakken abstain. Schwab. Yes, Comm Woodcox. Yes. Chair and Bitner. Yes, motion carries.

03:11:31,770	Um, County Sheriff Leeman, oh no, oh, I already did that. Ah, thanks. I’m, I’m just following along like a little puppy, you know, um, County Auditor, treasurer Sloskowski, consideration of financing resolution for special assessment district 76 Faulkner estates. Yes, Chair and commissioners, uh, this is really just the next step for uh SAD 76.

03:11:59,000	Uh, we have to get the, uh, financing approved by the commission and then at the next meeting, we should be able to relatively tie this up. Um, we, I was able to secure financing for this particular project through a program through BND which is at 2%. So it’s very, very low interest rate for them and should be, uh, should work really, really well.

03:12:14,930	So, uh, if you have any questions or I would uh recommend uh approving the uh resolution. So I moved. motion to approve any further discussion, Comm Woodcox. Have we done these financing resolutions before. This is standard procedure, yes. I’ve never voted on one of these, this was sent to me by Scott Wagner.

03:12:35,800	OK, because we never had, we’ve never had the opportunity to get the whole resolution and all this before, it’s just Just wanna make sure you got all the information possible. Oh yeah. Uh, Comm Schwab. Yes. Comm Woodcox? Yes. Comm Munson? Yep. Comm Bakken, yes, Chair Bitner. Yes, motion carries. Thank you.

03:12:56,000	Next item is other business. Anything, uh, uh, for the good of for the County Comm Bakken Um, I just want to take an opportunity to thank everybody who gave up a couple hours tonight, uh, staff included, uh, for the, Dis discussion, uh, the public hearing on redesignating the elective office of Burleigh

03:13:16,230	County Auditor Treasurer to an appointed office, um, thank you for everybody that took the time to speak and, uh, our next

03:13:28,030	Commission meeting, um. We didn’t have the discussion about adding, A potential 3rd off schedule. Which if. We want to do that now or if we want to do that later, I would be amenable to attending Sterling Wilton and one in Bismarck, if You know, we could do them all on the same day, but, uh,

03:13:52,730	anything for an opportunity for people’s voices to be heard. I’m all about that, so. OK, I, I think in that regard, I would ask, you know, Mary has been putting effort into finding those uh locations out in those towns and and whatnot.

03:14:08,730	She put a lot of effort in, and I wonder if she would be able to maybe um line up what we would do here, whether we’d have to make arrangements for this room or some other room because I know she’s made arrangements for the video taping and and all of that. Correct.

03:14:24,630	So, I think we should ask that she, um, look into that and then we’ll discuss it at the next meeting at the next meeting, I think so. Mr. Chair. Comm, I’m sorry, uh, Comm Schwab was first. OK, sorry. Go. The only thing I I want to mention again time is running out for that tax credit.

03:14:44,370	And you go to the It’s a $500 tax credit like we got last year and You can go to the county website, push the bar, and it’ll take you right to it. And the young folks. Take care of your parents if they’re disabled or whatever. Make sure they get that in. OK. Thank you, Comm Woodcox.

03:15:00,170	I, at our next meeting, I’d like to put on the agenda that we go through the things that we’ve had for the auditor for the past year and a half, the, the public certainly expressed their opinion that they don’t know a lot of it, and most people don’t know a lot of it, but it seems very important

03:15:15,870	that they are allowed to, to listen to us. I don’t know whether we want to have a. Roundtable discussion or what it might be, but I think we should dedicate at least an hour of our next meeting to, uh, We’re gonna have a public hearing too to at least be able to discuss all of the, uh,

03:15:32,470	Problems and events that we’ve gone through in the last year and a half. I, I think that’s fair. Put that on the agenda then, as far, part on whether we want to be part of the public hearing, that’s what I wanna ask, or before or after the public hearing or whatever. But a separate one hour.

03:15:52,730	It seems to me that that would be part of the public hearing that, that we would want the people that are here for the public hearing we’re allowed to do that, that’s fine with me. And also, uh, is there any reason why not? OK.

03:16:10,830	And also, our auditor questioned the fact that we challenged the people who came up and I don’t know they’re asking a question is a challenge, but I don’t think that was an appropriate comment when they come up and we want to, and they, they say a bunch of things which they want to.

03:16:22,800	And that’s what we’re here to listen to. At least we should be able to ask a question of them, uh, and not that we want to get an argument or anything, but, uh, I, I don’t think that should be considered a, a challenge to a public hearing participant. Uh Comm.

03:16:46,730	And I would add, too, this, this isn’t, Necessarily, uh, an indictment of any one individual in that office because when I go back and take a look at Some of the things previously, um, there are Questions that I have with, Uh, previous performance coming out of that office. Um, and this goes back prior to our current, uh, auditor treasurer.

03:17:09,570	So again, for me, this conversation is about what’s in the best interest of Burleigh County taxpayers and residents for making sure that The operation of Burleigh County as a business moving forward is in the best position.

03:17:29,900	It, it can be just like a conversation that we’re gonna have in the future about A, uh, county administrator, facility director, any of those positions, that’s all a discussion that this table needs to have, so.ru. Mr. Chair. Mr. Woodcox. Also, also. Um Well, it’s, I guess that’s part of it.

03:17:52,370	I, I think we, everybody should have an opportunity to speak and everybody, I don’t want, we don’t want to get into a big argument because that doesn’t solve anybody’s problems, but, uh, we had an incident in the last 10 days that we’ve, that popped up, that’s very difficult whether we want to discuss that at that time. I think the people need to know about that. Um.

03:18:07,870	And what we’ve decided, and I don’t know that we’ve made a decision, whether it’s our decision or it’s the auditor’s decision on how that problem was handled, but, uh, it certainly was a problem and uh, Uh We keep I want to kick the can down the road anymore. I mean, the time has come.

03:18:24,270	Basically, the input from staff on that was that that was something that the auditor’s office needed to resolve. Themselves in the last I heard was, um, There’s a question about Who was going to send in the whatever updated forms and whatnot.

03:18:47,400	And um, I asked the HR director to contact the state’s attorney, and I’m not aware of, of how that conversation went or what the results were after that. But it did involve. Quite a few staff and quite a bit of time just like usual, I think we’re we’ve been forced to waste a lot of Valuable time. Dealing with things that should have never happened. Thank you.