00:00:17,730	Yeah, doing the pledge to the flag Father, we, uh, just want to take a deep breath right now as we, uh, change uh meetings and, uh, help us to focus in on uh what uh the task at hand is for the agenda right now.

00:00:44,070	We need, uh, many times we need divine intervention to help us to stay focused so be with all the uh um commissioners and those that are involved with the conversations may it uh uh just glorify you, and, uh, we thank you for that.

00:01:01,730	Be with our, uh, first responders out there as they protect us as we rely on them for many things out in the county and uh, we do this all in your son’s name, Jesus. Amen. 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. I appreciate that. He’ll call the November 3, 2025 meeting of the Burleigh County Commission order.

00:01:36,170	First item is roll call of members. Comm Bakken Mr Schwab Mr Mr Schwab, here, Comm Woodcock, here, Mr. Munsen, here, Chair Bittner here. Next is approval of the agenda. We have an amendment to add an amended uh tax abatement list. Um, some late breaking stuff, so I would like to see that added to the agenda.

00:02:04,100	Otherwise, Comm, I’m OK with the agenda. Move to approve. Beckett. motion to approve the agenda with the amendments. Any further discussion? Call the roll. Comm Schwab. Yes, Comm Woodcox, Yes, Comm Munsen. Yes, Comm Bakken. Yes, Chair Bittner. Yes, motion carries. Next is consideration of October 28, 2025 meeting minutes and the current bills, Commissioners. Uh, Mr.

00:02:31,170	Chair, I have an opportunity to review the bills this afternoon. I would move we approve the minutes and the bills. Second, no motion of second to approve the minutes and the bills. Any further discussion? Hold the rule. Comm Woodcock, Yes, Comm Munsen. Yes. Comm Bakken. Yes, Comm Schwab, Chair Bittner.

00:02:48,870	Yes, motion carries. At this time we’ll open up the floor for any public comment that’s, uh, restricted to Burleigh County and its residents and landowners, um, this is, is, uh for comments that are not related to agenda items. Does anybody wish to speak under public comment.

00:03:13,870	Again, does anybody wish to speak under public comment? 3rd and final call. Anyone wish to speak under public comment. I closed the public comment period. and move into the consent agenda, Comm, Mr. Chair, I would move to approve the consent agenda with the amended abatement list. Second, I, I have a question. OK, I have a motion to second.

00:03:34,800	Go ahead, Comm. Uh, the ones that, this list we got just a few minutes ago, uh although there’s 123456 properties that were grossly overestimated or what, what’s the story on those, you know, is that city or is that county or? Uh, I believe that those are city properties, however, you’d

00:03:57,270	have to talk to the tax director of the city assessor for more specifics, but they’re not our responsibility. Well, if they’re in Burley County, they are, but as far as, um, which municipality they’re in adapt to verify with them. Thank you OK. Any other comments? Caro Comm Munsen, yes, Comm Bakken.

00:04:19,100	Yes, Mr. Schwab. Yes, Comm Woodcoxck, yes, Chair Bittner. Yes, motion carries. Next county planning director, Mitch Flanagan, we got sto farms appeal wave application fee and an application for a special use permit. Welcome, Mitch. Good evening. Good evening, Commissioners, Mr. Chair.

00:04:45,730	First up on the, uh, items here is the complaint to owner at um 1725, 201st Avenue, Northeast Baldwin. Um, I noticed the owner was, uh, sent concerning a complaint from a neighbor. was sent to Mr. Jared Sta Stah Holdings at 1725, 2001st Avenue. The complaint was based on agricultural tours that were conducted on the property.

00:05:11,970	Miss Podol has appealed the um this notice and is related to the owner. In the packet are is the original notice to owner, um, Miss, uh, Podol’s uh appeal um, and some investigative reports. and then also a uh advertisement on Facebook. two of them. And she’s here tonight. to talk if she wants to. OK.

00:05:50,370	Um I guess, uh, uh is that Mary OK, Mary, you want to speak on this? or? Um, it’s your appeal. correct? Farms, yes. OK. Good evening, everybody I really just have one simple request, um received the letters September 11th, dated September 8th, uh, notice and order that we were in noncompliance with the agg zoning.

00:06:35,800	It did not have specifics, but the staff agreed to meet with me the following week, and when I left that meeting, uh, it was understanding that we had reached a resolution. My only request is that I have a letter in in writing.

00:06:53,430	and it can just simply say that that letter of notice and order has been resolved. I have not received such and um I just, as President Reagan said to the Soviets, Trust but verify. That’s all my request is.

00:07:21,700	Additional information for you is we have begun the process to review the zoning for, uh, making that more applicable, and we have engaged Ackerman Estfold, who will be plotting the property and uh I’m waiting on some of that information from him. That’s all. Thank you. OK, does anybody else want to speak about this appeal? Does anybody else want to speak about this? Good evening, Commissioners. Jamie Fistist I was the one that, uh, entered the complaint.

00:07:56,370	um there was a zone in ordinance violation done that day. Um and the whole thing could have been avoided. I, I did reach out to, I called and talked to Darrell at the Soil Conservation earlier the day of the event, um, explained to him that uh that those type of

00:08:22,100	events were not allowed in the county at that time. that, uh the county was in the process of working out an ordinance to allow those types of activities, but at that point, uh, it was not, uh, allowed. on Egg’s own land. He was unaware of that.

00:08:39,100	Um, I explained to him that it was last minute. I wasn’t going to make him cancel his event. My only issue, and I, as expressed to him that I did not want them to have any of the two or to extend.

00:08:55,800	to the southern part of the property along my livestock pens because I explained that there would be damage as a result of that. Darrell was totally understanding. He, he totally agreed. He said absolutely.

00:09:11,230	He said, that’s the last thing I want to see is your animals get damaged because of, because of this event, um, he said that he would reach out to Mary, let her know that there’s plenty of stuff to tour in the greenhouse buildings and there’s no need to go out back to look at a pumpkin patch. um bigger than the call ended, figured it was taken care of.

00:09:29,270	Mitch was out of town on vacation, so he could not address the issue at all. Um later on that afternoon, vehicles started to roll in. Everything was fine. Uh, probably about 4:45, people started to head out back I texted Darryl and let him know Darrell. We talked earlier. I said there’s people starting to head out back.

00:09:51,100	His reply to me was that he explained it to Mary that they, that he did not want people to go out back. he said, but Mary called the sheriff’s department and the sheriff’s department told them to proceed, so he said there’s nothing I can do. I explained that there was damages.

00:10:06,730	I had animals die. I had animals get injured that day as a result of this, about $15,000 worth. And, uh he was real sorry for what happened and uh he was just going off of what Mary had told him.

00:10:24,870	Well, I reached out to the sheriff’s department to file the complaint, let them know about what I had for damages because of this event. The sheriff’s department told me that Mary called them and told them that she had the proper permits for her event from the county. So that is why the sheriff’s department told her to proceed.

00:10:43,430	That was not the case Um like I said, this could have all been avoided if the events would have taken place up front. there would have been no issues, there would have been no damage to my animals.

00:11:00,100	There would have been nothing, um, just a few things to point out in her email that she had sent for her appeal, um she says, I am confident that all counties in North Dakota allow conservation and farm tours without the added cost and action of the special use permit. Actually, Morton County requires a special use permit for this in any event. It’s anything in Morton County. requires a special use permit.

00:11:21,330	Morton County said that they are very protective of their egg zoned lands, and they do not want to see them commercialized. So when there’s violations like this, they go ahead and they prosecute um.

00:11:39,100	she also says that she did not count the number of cars, but there were only a handful of cars in the parking lot that day. I provided footage for Mitch. There was 43 cars there that day, 43 is not a handful. There’s just downplay in this, um. she also says that they’re being targeted unreasonably.

00:12:02,230	That that is not the case whatsoever They’re only being targeted when they break an ordinance because I phone it in because I continually have been receiving damages. I have a neighbor on the other side as well, same size lot, same same distance, everything. I don’t lose animals from him. I don’t have issues on that side because they are using the land for the intended purposes, for eggs on. It’s not a recreation spot. It’s not a tourism place. It’s, it’s nothing like that.

00:12:26,470	um for the 3 years prior to them taking over. I didn’t lose one animal, didn’t have one injury from the previous owners at that greenhouse because it was being conducted a business should be conducted on Eg’s owned land. It wasn’t multiple people.

00:12:47,900	It wasn’t strung out across the property the the day that this happened, she had people that went back to this pumpkin patch for this tour, and there was people strung across that whole property not in a group. There was multiple groups that went back. She was with the first group. There were two other groups that went back. There was also people that decided to wander from their property.

00:13:07,170	Ignore my no trespassing signs. Trespass onto my property and stand alongside my fence, spooking my animals, which resulted in the death and injuries of a few, um. it’s. it’s been an ongoing thing for multiple years. We’re tying up Burleigh County Sheriff’s Department resources have come up and constantly deal with uh these reports.

00:13:31,630	and they’re just documented for me, and they’re, I’ve sensed the frustration in them. They said that as the sheriff’s department, they cannot enforce anything zoning that that comes down to planning and zoning, so they’re just documenting, so I have a paper trail of every instance that happens, and every time I lose animals.

00:13:51,900	These animals could live here or live there and not have issues with neighbors. When I moved to this property I came from a smaller property, a third the size, 300 ft wide lot, so about half the width of what I currently have. I had a neighbor on each side as well.

00:14:08,470	and I did not have any issues whatsoever with neighbors. My neighbors love me. They hated to see me go. I lived there for 17 years, but I got tied up in the ETA when the city annexed out, so I decided to move my farm farther out.

00:14:25,530	to avoid being in a city or around a development or a lot of people, so I picked that spot and before I purchased that property, I met with the previous greenhouse owner, and I met with the neighbor on the opposite side. I explained to him the type of livestock I was going to bring there.

00:14:41,070	Ask them if it was a quiet neighborhood, asked them if they thought it would be a good fit because if they said no, there’s a lot of hustle and bustle or this is kind of a busy part of the county. I would have looked somewhere else.

00:14:55,170	They thought it was gonna be an excellent fit for there, especially the greenhouse, because he operated that business 2 to 3 months a year and then it was closed after that. He went up to his cabin and spent the summer there. It worked out perfect for three years.

00:15:13,230	Towards the end, I had a few issues because there’s there was dogs that would run loose, but besides that, like I said, I never had one dead or injured animal, so this is all being done because of how the new owners are operating this place and what they want to transform it into its, it’s, it’s not this small neighborhood greenhouse anymore, this is gonna, this is a commercial enterprise and uh it’s, it’s not zoned for that

00:15:36,600	and my animals are paying the price because they’re not operating within the zoning ordinance, um. laws without enforced consequences are merely suggestions. They’re not following the laws They’re not taking any of your suggestions and my animals are paying the consequences. Last fall or end of end of last summer.

00:16:01,100	when the whole corn maze thing was going on. This commission determined and told her that food trucks are a commercial activity and they are not allowed on egg zoned lands. That was explained last summer. OK, starting this spring Food trucks every weekend again at the greenhouse. Disobeyed, did not care Advertised on on the event for this, uh.

00:16:29,470	garden tour On their flyer, it was advertised about their Uick sweet corn patch, Uick pumpkin patch, OK? So they were, they were advertising for these events that required a special use permit. They did not come to the county to apply for a special use permit, they still went ahead and did some of the activities.

00:16:52,900	they don’t receive a consequence. The only ones that are receiving the consequences, myself and my animals, and uh. I think, I think it’s been long enough that, uh, something needs to be done. Um, one question I have at the, at the last meeting we had in, in, uh, on the 20th there.

00:17:14,730	Comm Bakken had asked um Auditor Slonskowski, because Mary was not present at her appeal if there had been any emails from her saying that she was not going to be able to make it that evening. Hugh had checked multiple times and said, no, I have not received anything.

00:17:32,630	Well, then miraculously 20 minutes later, Comm Bakken is called over and, and Oslo Sausi had found an email, so I guess my question is, do you have a date and time on that email? Did it come in that evening, or was it prior and you just missed it or it just seemed awfully convenient for, for somebody sitting at

00:17:52,870	home with their appeal gets denied Well, that didn’t go as a planned, so I better hurry up and send an email in. Yeah, no, if you want to see that date and time that I received that email from Mrs. uh Podol.

00:18:06,630	Uh, it was, it was prior to that, um, and, uh, that, that was just my main concern. As long as you can assure me that it was before and it was something you missed because I just, if, if it was sent after the vote was already done, then I just, I don’t think that, uh, I think that should be considered.

00:18:23,170	How about if you provide your, um, email address, and he’ll just forward you that e-mail, OK? OK. You get with him with your e-mail address. I’ll do that. That’s, that’s all I have for for you guys tonight. Do you have any questions for me? Yeah, I do. Hey.

00:18:40,730	Commissioners, anybody else have any questions? Um, what do you see as the resolution here? I mean, I think, you know, I, I think, um it’s clear and I’ll, I’ll ask Mitch about zoning and things like that, but um at your, at your previous property, you had some, uh, some kind of fencing or something that was, was helpful to you.

00:19:04,270	Yeah, I don’t, I don’t any, any action on your part that would Mitigate this, I had some shade cloth on, on up section of my fence at the old place. Yeah. Because it was surrounded with trees, and that was only basically 20 ft from my neighbor’s garden, and they’re Rottweiler.

00:19:23,000	And, uh, that worked good because the trees suppressed the wind, so it doesn’t grab that shade cloth like a sail. I had shade cloth. I tried that with the previous owner. I put shade cloth along that whole east side. It lasts about three weeks in the area we’re at. The fence line, my property, it, it’s got a lot of topography. The greenhouse property is pretty flat on the north half.

00:19:40,530	There’s a little bit of a rise on the south side, but, uh, it comes over the hill and down the valley into the greenhouse, and the wind just howls through there. I had shade cloth on there like I said.

00:19:54,900	It lasts about three weeks in the sun and then the wind. You get a little tear in it, and then pretty soon, I have a 300 ft sail whipping in the wind, and then I’m picking pieces of shade cloth up off of the ground. That’s also becomes a choke hazard because if those pieces fall inside, animals chew and eat on everything. Yeah.

00:20:13,100	You get a bound up, I guess my, uh, I guess my point there is if if it was my land and my animals, I would be taking some additional steps. I’m not saying that I had a wrong, but I don’t, I a buffer strip.

00:20:32,970	Um, and, you know, my daughter is a veterinarian and I am completely sympathetic to animals getting harmed. Yes. Yeah, but I think that I would, I would be doing. What I, what I did with my property instead of legally I could put my, my livestock fence on the property line. I’ve backed that off the property line so I could plant tall vegetation and have trees there.

00:20:49,900	OK, well, those have started to come in. I had some stuff on the south side that got demolished last year when the Guy planting the corn maize decided that that was a good place to turn around at the end of the field.

00:21:08,170	So he would drive exit their property, drive over my buffer strip to turn around and continue planting the field. So there’s not much there anymore. Vegetation wise, no, it probably wouldn’t work, um, I know there’s talks for them moving forward in the PUD department that has a lot of concern for me because that’s basically going to give them permission to host these events everyday, and I’ll eventually run out of animals.

00:21:28,900	It’s, it shouldn’t be my responsibility to block out the disturbance they are bringing to the egg property. It’s, when you look at the developments down like on Fifty-Second Street, uh, Clear Sky, I believe it’s called.

00:21:47,100	When that got turned from egg to a development, one of the, one of the requirements was was the developer had to put a wall around that property to keep that hustle and bustle in and to protect the neighboring properties that are still zoned egg.

00:22:07,970	a little further north on on 52nd there when they had developed that industrial park There was a whole list of landowners that were petitioning that as well. They had to put like a 20-foot dirt berm, as well as vegetation across there to block that out from that residential thing.

00:22:24,630	The only thing that would work would be, like I said at the last go around, you’re gonna have to have a wall just like you see at a lumberyard. That, that should not be my responsibility. North Dakota is a fenced-in state, meaning I have to put a fence to keep my animals in. If, if, if the neighbor decides to get cows, I don’t have to put up a fence to keep this cows off of my land.

00:22:40,430	When, when you’re, when your herd is people instead of animals, it’s your responsibility to put up a wall to keep your herd on your property. That, that should not be my responsibility. I should not have to invest in the infrastructure. for them to grow their business. That, that’s part of growing pains.

00:23:03,170	If you want to grow your business, then there’s certain expenses you have to do because you want to change the use of the land. That town or that township is 99.9% egg land. There’s only like two little lots right in Baldwin Everything else is owned egg. That’s an agriculture township.

00:23:21,600	That’s, I can understand that, Jamie. I don’t, I don’t have an issue with that. I just said that if it was my animals. I would be taking more action. Myself, that’s all. I, I wouldn’t wait for the government to help me. I wouldn’t, because apparently it’s not working.

00:23:37,070	We got to get some sort of resolution and we’ll work towards this. But I do, I tried to make, I tried for a resolution on myself when that property went up for sale. I wanted to protect myself because I didn’t know who the next owners would be, so that property went up for sale.

00:23:51,470	I had my realtor reach out to the realtor that listed that property, and I offered to buy the back 30 acres of that land so they could keep the front 10 acres, the greenhouse part would be fully intact, and they could operate that business how it had been operating for 20 some years.

00:24:09,630	The, the realtor said, uh, the previous owner was not looking to split the property at that time because he had two individuals that were interested in the property, and they wanted to have full use of the property, not just a 10 acre parcel. So I tried to reach out to protect myself.

00:24:26,730	I guess one only one other option for, uh for a resolution because it’s obvious that uh I mean, they don’t see any fault in what they’re doing. They, they know the damage they caused from this event. There has never been an apology for any of this. They’ve never paid for any damages.

00:24:45,000	They’ve never offered to pay for any damages. It’s just something I’m supposed to absorb But then on the other hand Mary has come down at your public comment session to let you know that the Wheat board drove by the ditch and it killed a couple of her tomato plants.

00:25:03,000	Tomato plants are important and we need to let the county know if the weed board kills a couple of our tomato plants, but they don’t see no issue with the livestock that they’re causing to die.

00:25:15,330	So my only other option that I can think of as a resolution would be that uh Mary Grebs the big checkbook, and we sit down and we make a business deal and I’ll give her the opportunity, a one-time opportunity to buy me out. She can have that property. Then she can do whatever she wants.

00:25:31,870	But otherwise, I mean, I’ll, I’ll be up here at every meeting there is for, for the PUD and ask for certain things, especially a wall, and I think a wall would be the number, would have to be if that PUD would be granted, I think a wall would be the first thing that has to be done on the list

00:25:47,530	of things to do. Not, oh, that’s gonna come down the road because then it’ll never get done. A wall would have to be the very first thing that would have to get put up just to protect my animals. I even, I, I added additional pens.

00:25:59,170	I put 6 more acres under fence this year to get my animals even further away from the greenhouse. So I’m doing things on my part. Mr. Chairman.ish Sherwood. What’s, I’d like to ask, what’s the downside on thelate plate then file say it, it, it continues on and it’s done.

00:26:16,370	What’s the downside? I mean, as she fined or she got a judgment against her for money or I, I don’t know what’s the, what is the downside. Anybody know I I have no idea. Martin, Morton County said they prosecute everything as a misdemeanor. That’d be a question for M Mitch. Mitch, yeah.

00:26:34,870	Thanks, Jim, Mr. Anything else you want to add? Uh, Comm, there’s a Class Bor misdemeanor finds. what they finds against the property, you know. OK. So, what, um, we’ve, we’ve got these violations, and, and she, she talked, uh, Mary, uh. talked about a meeting.

00:27:00,370	What conclusion where are we at with that We did have a meeting with her. Yeah. Following the complaint, uh, the notice to her, and she did agree that not to have any more Upicks or, um, events on the property without a special use permit. OK.

00:27:19,630	Um, I think, as I remember, I think she said she’s out of the UI business. I’m but, but right now we are working on the development of the property. We’ve asked her to uh create a subdivision of the plat of the property and also to apply for a PUD. which is uh changing the zoning. to, to fit that property. because you have so many different things going on.

00:27:41,100	It’s some of it’s eggs, some of it’s commercial. some of it’s education and so it’s part of that PUD we have discussed having a buffer, a buffer zone on, on the property lines. for PUDs. Absolutely. OK, so there was was there a permit in place for the event that we’re talking about.

00:28:05,070	No, the one in July, no, it was not. OK So her request with the, um, appeal if I remember right, was a letter from you stating something. What’s your thoughts on that? Ststating that the, the notice to owner would be removed, that there would be no action taken against the property.

00:28:38,270	but the, the action, the, the event was a violation of the zoning ordinance. Absolutely. And so I take it you’re not sending that letter. or I, I sent the letter in September. I was out of state. I sent it after the ordinances were in place and that was the notice to owner and that notice was regarding past past uh events on the property.

00:29:04,900	She’s, she has not had any since then. to my knowledge OK, so what is, what does she gain by a letter saying that what’s, I’m not sure, I just, um, she’s worried that the Connie might take him, have action on on these past events, these infractions against the zoning, but I mean it’s

00:29:27,730	it’s kind of a after the fact. it’s uh, so the ordinance was passed after the event was held. After the event was held, but she still didn’t have lawful means of getting a special use permit for that event. OK.

00:29:51,730	So then the letter would actually kind of validate doing the wrong thing Correct. Whether the ordinance was in place or not. Correct. Kn’t have a problem with that. Yeah, I was going to say, Mr. Chair, I, I have a serious problem with that. This first basically tells me I can go out and break the law.

00:30:10,470	I can, I can not follow the zoning ordinances, and there’s no ramifications to me at all. Why would I, why would I even in my business, why would I go get a permit to put up a sign if there’s not going to be any ramifications for me not doing my job as, as, as a business.

00:30:29,630	Why, why would I even care if I got a permit? Because it was a violation at the time, even though it wasn’t the current or was a violation because there was no ordinances in place yet. She couldn’t even get a special use permit if she wanted to. Because there was no ordinance. We were working on it.

00:30:45,800	We were, we were developing that ordinance and I think at that time it was it had gone through the, uh, August was when we had the final approval on it, so it was, it took 30 days for that public notification or public advertisement for any appeals to the ordinance and nobody appealed, so it went into effect on the 8th of September.

00:31:04,530	That’s when I sent the notice I completely disagree with this. OK. I, I um um, you know, I’m, I’m a little hard of hearing, but I heard something from back here. Yep, Mary asked her to talk. Absolutely, and you should come up I don’t disagree with you, Mr.

00:31:29,530	Come on up to the micke. Come on up. I don’t disagree that there is something so last year the corn maze. I put in a special permit I was denied as giving an appeal rights, but the appeal wasn’t held because it wasn’t in an ordinance. So I believe I have good faith in looking at the draft.

00:31:56,100	Burleigh County soil Conservation has had tours upon tours and um there are several things stated that I did not actually hear or um have those conversations, but if I had whether it’s me or the Burleigh County Soil Conservation District, whoever was responsible for receiving a special permit, there wouldn’t have been appeal rights.

00:32:24,000	So then again, then you wouldn’t have heard the appeal. I would have gotten my $300 back. So that’s something to consider. I do not intentionally want to hurt these deer. I love animals. I have a vet tech as a daughter who loves animals, um. we have had sheep on our farm.

00:32:42,800	Uh, we have horses care for animals, um, that is not the point here. Well, it is the point It, it’s a big part of the point. Well, I, I agree.

00:33:01,270	I don’t know if you understand I do not intentionally go to hurt his deer, but there is all I’m, I’m just here to to talk about the order, the notice in order, we met the following week when I walked out the room it was resolved but I don’t have that in writing.

00:33:23,270	If I did not have that in writing, if I do not have that in writing or as minutes of this board, there’s always the potential in the future for that to come back and say, well, you were in noncompliance, so we’re gonna do this, this and this. That’s all I’m asking.

00:33:38,700	When I walked out of that room the following week I felt like it was resolved, but I have nothing in writing. I am simply asking that it say the notice in order from that uh while it was not specific in the notice and order what was wrong.

00:33:59,600	I’m just asking for a resolution to that, as I was at as it was when I walked out, um of that day, do I need to address all of these other issues? I, I don’t know, um, but let’s talk about damaging his deer and um and his expectations. So not once has he been over. to talk to Jared and Ashley, except in anger.

00:34:27,800	The first time they walked to the back of their property. Any other time one of us talks to him we have the potential of being, um, called upon by the sheriff for assault. So to sit down with Jamie is pretty scary on my part.

00:34:51,900	but the PUD is very clear, and we have engaged the right person to do this. We are willing to put up the recommended barrier, not, not a fence. That’s not a requirement that should happen, but a 3 row, uh, windbreak type thing with tall trees and short trees and a soundberry absolutely. I started planting some some tree rows this year.

00:35:12,730	Um, already I did not notice anything that had been planted there before, but, um, I’ll take Jamie’s word, um, as it is. that they that was destroyed, but um. I do care and it bothers me that you said I didn’t. No. Well, I, I, Mr. Chair, if I can address this Mr. Munsen.

00:35:39,530	Mary my point is you and and Mitch came to an agreement, and if that letter needs to be sent, that the letter needs to be sent. I’m disagreeing with that agreement. but that is between Mitch and I If you and Mitch have an agreement, that’s up to you guys. I just disagree with it. because if there was an infraction of the zoning ordinance.

00:36:01,800	and there is no consequences to that. My example is in my business, if I choose not to get a permit, and I have no consequences, well then, why would I ever get a permit? So, so again, if you and Mitch have an agreement, that’s between you. I’m just disagreeing with it.

00:36:21,000	If I may say one last thing. I think as far as along those lines, I’m going to add to that a little bit. I, I don’t think that I would feel comfortable sitting here and directing the um directing Mitch to create a letter. I don’t, I don’t, I just don’t see it.

00:36:35,600	But it’s already been. If he’s decided that he’s not going to prosecute under that right thing. That really is his call at this point. And I, I don’t have a need to challenge that, and I don’t think a letter is gonna do anything to resolve it, because my concern, Mary.

00:36:53,600	is, um, you’re just gonna continue doing as you’ve been doing and, and, um and it’s just not working out. What isn’t. What’s it going to take from your perspective to resolve this. Put up the winrow as Purr has been discussed already in a different separate meetings I can tell you that’s not gonna be enough for me.

00:37:15,600	uh, because I’ve planted thousands of trees, thousands of trees, and on my property and it takes forever. I mean, they don’t, that’s, that’s not a solution. for you to go out and do an event, um, put in some trees this week and go do an event next week. That’s just not not the plan. We, uh, have no.

00:37:36,800	short term or even long term to do as you pick. I know that I did a post about pumpkins that was, it was merely a gut reaction to needing to get them out of the field. It was not meant to be an intent, Mitch, uh, made it very clear it came across as an event.

00:37:55,530	um lesson lesson learned that way. He explained that. Um, we just, we just have to stop this. We can’t, we can’t be having this continual thing and burdening the sheriff’s department and, and he said, she said, can you work towards getting along? I think you understand your neighbor’s concerns.

00:38:18,530	You both have, you both have a side to the issue, but there’s got to be a happy medium here. It’s not all on one side or the other, but this is, this is dragging out a little too much, Comm. Mr. Chair, I’d like to ask Mitch, you said, you said that you two came to an agreement.

00:38:31,970	What was that agreement and in the future now, we have ordinances in place that are going to take care of this, right? Yes. If you get, if you apply for a permit to get it done, and we approve it, you’ve got the right to do it. But you need that permit.

00:38:46,800	So, in the future, the wire ordinances take care of this problem. or not, will they? And, and I still wanna see what Mit what the agreement that you two came up with. You said you had a resolution. What was that resolution OK, Mitch Mr. Chair, Comm, uh, Woodcock, there was no agreement.

00:39:08,100	It was the fact that she agreed not to have any more special use activities, you know, any more, um, agricultural tourism activities. And it was like the, the idea is that if it, if she, if she is to continue to have another one.

00:39:34,270	We have article, um Article 30, Section 4 violations where Burleigh County K, uh, it was a penalty for disregarding Burleigh County and as a sortie. and you’re gonna wave, you can apply fines to that and uh during the meeting, we discussed it.

00:39:55,070	She said she didn’t, she was not gonna have any more agricultural tours, so I case closed We’re gonna prosecute or anything or ask for prosecution against him. required I didn’t say I was going to write her a letter. She asked for it. I never, yeah, I never said I was going to send one. that’s going to solve anything. Right. I think there’s a clear understanding that the ordinances are in place.

00:40:13,730	There’s permits required, any further, um, violation of that is going to result in, uh, enforcement action, and I don’t think we have anything more to talk about. I’d agree.

00:40:34,700	Commissioners, uh, do you want to take any action on this? A according to this, we’re, we’re requesting, she’s requested that we overturn the complaint that was filed and approved, right? Is that what’s the, is that what this is all about? Reversal, says Reversal, Reversal says reversal of appeal of notice of complaint. What I wrote was at the time, in order to be able to um have appeal rights and to have this in writing and heard that it’s been resolved. Well, not.

00:40:57,000	I didn’t know what else to write. So tonight, please, what are we doing with this today? What are we, what, what’s our options? I mean I would, uh, I would entertain a motion to deny the appeal, because I think the would be the appropriate thing, but I don’t know. Thank you.

00:41:15,630	Um um I, this is, this has just got to stop. That’s all we, we can’t have two Nes. Well, she can have events if they’re, gets a permit in the future. Well, yeah, permits are permits, you know. Yes, that’s why we are working with Eckerman E Ackerman. So the future’s taken care of, essentially. Um-hum.

00:41:37,100	You get a permit, you can have it. No permit, no event. Right. Now, if you have an event and you get a problem with it the deer, I don’t know about About what.

00:41:55,100	So, I guess we should ask the state’s attorneys um Assistant State’s attorney Right, just for the record, my name is Dennis Engel from the Cream’s office. State Stre lawyers unavailable. As I read in appeal, it’s essentially a request for the Commission to decide whether the administrative agency made the correct interpretation. That’s what the commission’s being asked to do.

00:42:15,600	If the Commission believes that the interpretation from planning is only is correct, then the commission can take the action to deny the appeal, but it’s really a determination, and I can read the language here. Um really a request for a review of an administrative official’s interpretation of a provision. If you think he interpreted interpreted it correctly, then you’re within your discretion to deny the appeal.

00:42:40,530	And, uh, Chair, uh, in lieu of no punitive action, uh, following up with this, I would make a motion to deny the appeal. OK, now a motion is second to deny the appeal any further discussion? All the rule. Comm Bakken. Yes, Mr. Schwab, Mr. Woodcock, Comm Munsen, Charon Bitner. Yes, motion carries. Thank you. Thank you.

00:43:06,100	I really, really think you folks can work together. I want to believe that OK, Mitch, Next, uh, application fee. Mr. Chair, uh, the waiver of application fee in August of this year. Albert Kuntz paid for an application for a special use permit to allow accessory dwelling unit on his property.

00:43:28,630	He, uh, that he owns on 149th Avenue because of the restriction of that size of, of the allowance of an ADU on a property. He just, he, he wanted to put a larger home on there. and beca he was advised that we couldn’t allow so much square footage and you wanted higher than that.

00:43:47,870	and so we advised him to do a subdivision plat and he could build this high bigger building as you wanted to. He paid, uh, this was in between the, the application and the uh public hearing and and the approval of it.

00:44:07,000	Um, so he’s, he has since paid uh for the platting fee of $550 and he’s asking for $300 waiver of the special use permit that he made for application before that.

00:44:24,870	And what’s your position on that? I it’s, it would be advisable because it’s, he, he didn’t go through with the special use that we, we he wanted to have a larger house and so it was prevented to do that with the special use and so instead it is fair. I’m sorry. Thank you, Mitch. I would move to approve. Thank you. Motion is second to approve any further discussion. K the rule. Comm Schwab? Yes. Comm Woodcock. Yes. Comm Munsen. Yes. Comm Bakken.

00:44:43,900	Yes Jain Bitner. Yes, motion carries. They commit. Next. Next on your agenda, excuse me, is, uh, application for a special use permit to, uh to place a temporary met tower on the uh in Canfield Township on the legal address that is part of that memo.

00:45:06,870	Uh, these are, these towers are to assess renewable energy potential, and the tar will be will measure wind speed, direction, temperature, and atmospheric conditions. It’s approximately 197.6 ft in height and will be equipped with meteorological instruments mounted at various heights. The tower will use approximately 1 acre of land and is intended to remain in place for 12 to 36 months.

00:45:28,170	It will be fully removed and the site restored to its original conditions. It has high visibility markers and FAA compliant requirement if needed. The Planning Commission recommended approve those the permit based on the applicant providing current stamped engineered plans designed to the ANZZ Stan. Um, in this office, we received them, um, on the 27th of October.

00:45:50,630	Uh, based on these documents, it’s recommended to approve the special use permit. I have a copy of the special use, the uh the uh draft. special use in the packet. And this would be based on if you approve it tonight, they would have 36 months from tonight.

00:46:08,230	Can you give me a little better idea of where that’s at. I don’t, I don’t have a good, uh. Um, there is a county reference. There is a site plan, um, in the packet. Uh, there’s not many. Yeah, I see, but that only tells me like 210th Street Northeast, that doesn’t really.

00:46:29,100	Well, it’s in Canfield Township, pretty much on the, the, uh, the north northwest corner of it. I mean, it’s, I can go get my computer, we can look on the No, just, just in general terms.

00:46:44,230	I mean, is it near Baldwin? Is it near? Oh, it’s north of north of Baldwin, east of Wilton by north of Baldin by probably about 10 miles. OK. All right. So. And east of, yeah, east of, uh, Wilton at least another 5, 10 miles. OK, so the other question I have is, have you, have you received any, any public comments, uh. against doing this? No, we, we haven’t heard anything.

00:47:04,870	OK. Mr. Chair. Comm Munson, um, Mitch, during, uh, planning and zoning. we were questioning the engineer drawings. Did you get updated? OK. Yeah, those, the, the ANZI Stan, they, we had to get a new, because there were, I think, 2008, and we, we wanted some current plans and so they did, they provided some

00:47:28,500	stamp plans that the tower is designed to those ANSI standards. I would move to approve 2nd, motion in 2nd to approve the uh special use permit for the Met tower any further discussion, Comm Woodcutt, is this tall enough that the FCC or the airport has to be informed and

00:47:52,370	the height and it’s you, you, you mentioned lights on the, on it. We’ll have the proper aviation lights up on the top. If they’re required, I, um that’s a good question. I, I, I don’t know if, if you guys have talked to FAA or the airport.

00:48:16,800	These guys Yeah, why don’t you come on up and. Come on, come on up, yeah. State your name for the record, please. My name is Paul White. I’m CEO of PRC Wind. We’re the company, uh, installing the tower. um, and as uh, Mitch had uh mentioned the tower will comply with FAA requirements and have any and all required. Right, biting. Fixtures. necessary Yeah.

00:48:48,370	OK, great. Yeah, cause I can see it’s like 197 a little over, you know, almost 198 ft, so it’s, I think that’s normal. Yeah. Comm Schwab. I’m kind of curious. You don’t just put a tower up for no reason. Who gets this information? Uh, we do. You do, but we do.

00:49:10,800	Well, you must sell it. No, it’s, it, we are, our company is in the business. We evaluating wind energy. uh, uh, wind resource for potential generation of electricity. Um, this site is in the general location of another existing wind energy facility that’s operating in the Wilton area.

00:49:38,600	and, uh, we are evaluating the wind energy resource to identify if there’s a possibility of building additional generation. in the future Could that be used to uh develop a plume model for escaping gas. Specifically CO2. Oh, no, the data that we’re collecting, if that, I don’t know it, I’m not familiar with that question. That’s the first time. Thank you.

00:50:13,370	I our data is not used for what you just described. No. Yeah, I, that’s a safe answer, I’ll go with that. OK, thank you. I, I don’t, I don’t know that there’s a need to follow up on that any further. OK. OK OK. Comm, before you, you have a request for special use permit for. Will we approve the permit, please? Yeah.

00:50:40,530	It was motion the second, correct? Do we have it already? Novo has not been taken yet. No, it’s not been taken. Um, choro Comm Woodcocks. Yes. Comm Munsen? Yes. Comm Bakken. No. Comm Schwab, no. Chair Bitner. There you go. Ah, not so easy. Um you know, the, the Met tower is not a wind farm, so yes.

00:51:09,270	As my votes yes on the on the Met tower for a special use permit. OK. Motion carries. OK. I doubt whether I’d have the same position on a wind turbine. I hate losing. Kenney Engineer Hall got award of bids in the second approach permit. Good evening, Commissioners.

00:51:35,170	The first item I have is the award of bids. Uh, this is for 3 motor graders, not 2 is listed in the action required part of the board letter. I just wanted to point that out.

00:51:51,530	Um, on October 6th, the county board authorized the county auditor and the county engineer to advertise for bids for 3 motor graders under the 5-year total cost bid process with a guaranteed repurchase price. Uh, we opened bids on October 28th. The bids, uh, that we received are listed in your packet, the apparent low bidder was RDO. um, at $265,265,600 per unit. There is a proposed resolution in your packet. I do recommend that post resolution.

00:52:22,000	However, there was some additional information that was given to us by Butler Equipment in their big packet. So I want to discuss that a little bit so the board has complete information on this. Uh, Butler added some additional information on the optional equipment section of the bid.

00:52:39,230	Now, generally, we don’t look at this section unless you were the low bidder. So this is additional equipment that they may have that they may think we’d want. We look at that additional equipment, um, and choose or not choose to go add that stuff on.

00:52:57,730	Um, they offered as part of this particular section of the bed, uh, to revise the agreement that we made with them 5 years ago. and 2, assuming we went with their bid, they would give us an additional approximately $40,000 per blade. So instead of the 100,000 $110,000 that was listed as the buyback from 5 years ago, they would be giving us $150,000 roughly, uh, for each of those blades.

00:53:24,430	at this time. I did say no to this particular item, and my recommendation is still to go with the RDO. bid opening. And the reason I said no to that is because our bid packet states clearly that the final number is the total cost bid, and it says right there, basis of award.

00:53:49,170	That’s what we base the award on is that total cost bid. None of the additional information beyond that matters in the basis of the award. And this is something that we followed for at least 20 years. So I felt uncomfortable with breaking that precedent that we’ve had.

00:54:06,730	In addition to that, we would be breaking an agreement that we had 5 years ago with them. Now granted, it’s breaking it in our favor So that’s something to consider, but I still don’t like uh the process of breaking any kind of agreement. So my recommendation was that we go with the resolution that’s in the PAA.

00:54:28,530	Uh, however, and in additional thing, one thing, I did have a discussion with Comm Schwab, and I recommended to Comm Schwab that next spring before the turn back date comes up for these pieces of equipment that we put these uh pieces of equipment, the ones that are, we have currently that will be turned back, um, up for public auction on our

00:54:47,800	public auction site. Uh, the investigation that we’ve looked at is these equipment, pieces of equipment, these blades are definitely worth more than 110,000 that we’re going to get back. Uh, we think they’re more like the 160 to 170,000. for a particular bite. So what we could do is put them up for public auction.

00:55:07,900	and uh put a minimum bid on them that all that follows everything within our agreement with them. Uh, if we get the minimum bid, which would be the 110,000 that would be obligated under the existing contract, or if it goes beyond that, we’ll take the higher number.

00:55:24,170	If it doesn’t go beyond that, we can take the 110,000. So that’s something that we can decide and talk about more next spring, when the time comes up. So, um, the Paul resolution is in your packet. I’d recommend approval, but I’d be happy to answer any questions. Move to approve.

00:55:41,070	Um, I just, I’m not comfortable with setting a precedent, uh, a new president for something we’ve been doing as good policy for 20 some years, so I would have moved to approve as presented. Second, which one are we approve, the RDO? RDO. RDO. That’s correct. RDO. OK.

00:56:04,530	Uh, does anybody else want to speak on this? Come on, give your name for the record Prior to the vote, we do have a motion in a second, um. because I have an additional question. First of all, thank you, Chair Bittner, for recognizing me for the record. My name is Lowell Mallard. I am the, uh, sales representative for Butler Machinery here in Bismarck.

00:56:26,000	I’m the one that prepared the bid, presented it at the bid opening and I’m here to answer some questions in regard to that here this evening. So I just want everybody to know that, uh, first of all, we put that into there in an effort to basically extend the olive branch to Burleigh County because we recognized right away that that

00:56:48,370	was a contractual agreement that took place 5 years ago. However, we have to look at the big picture of what’s gone on here in the last 5 years.

00:57:05,600	I think we can all agree that there has been some inflation that has taken place that has driven up the cost of motor graders along with everything else, and in addition to that, when do motor graders get used? OK? I think we all can agree that, uh, there’s a pretty routine usage during road maintenance in the summertime. However, they get excessive usage in the wintertime when we have a tough, tough winter. Let’s count backwards to these.

00:57:24,170	blizzards and winters that we’ve had, we’ve really only had one in the last 4 years. So as a result of that the graders that you have that are being replaced by this bid are significantly under what that $110,000 was determined at. because that was determined in 2020.

00:57:43,330	with 5 years and 7500 hours worth of usage, uh, is where that number came from, OK? Now we’re, you could essentially say 90% of the usage has occurred because this will happen in April of 2026, when they get replaced, and uh I’d like to submit a document to the commissioners here that would

00:58:06,330	show a summary of those bids along with the hours of the machines. and uh what the net effect of this would have on the budget for the year 2026. Uh, Chair Bittner, may I be allowed to pass that out? OK. Commissionerakins at a little disadvantage, so he won’t have that in front of him. OK.

00:58:29,270	Thank you. If you could put that on the Elmo, that would, uh, suffice, please. Thank you. You got a screen in front of you, Comm. Uh, a place right here. Yeah. OK. Can you make that out, Comm Bakke? Yes, I can. OK OK.

00:58:54,000	So, uh, I just would, I’d just like to, to run through this. There’s a lot of numbers here, but the the numbers are exactly what uh uh Engineer Hall presented to you here this evening, but in addition to that, uh, this is where this additional value comes back in in an enhanced buyback number that we’re proposing as part of the bid.

00:59:12,530	and I will, I do want to reference two quick things on the bid, uh, before we go any further, um, number one is, and this is in what I, my handout that I provided to you here this evening, is that, uh, there is a, the two pages that are behind that summary sheet

00:59:30,100	there is a there is what was actually submitted for numbers, which, which is completely consistent with what Engineer Hall presented to you here this evening on behalf of Butler Machinery and then the last page is where this dealer bidder suggestion op suggested options is being proposed to you.

00:59:49,870	So if you look there on, you know, this is our statement that we’re making, and I’d like to read it out loud, and we said to provide Burleigh County with enhanced value, butler machinery will, in lieu of the existing guaranteed repurchase what we talked about already, the $110,000 that’s already in place.

01:00:07,970	offer an updated trade value to each unit listed below by serial number contingent upon award of the bid. A machine condition, a time of repurchase follows the terms and conditions of the repurchase agreement, so I hope you seecom Commissioners, we are offering something that we were never

01:00:27,730	asked to do, and we put our best foot forward. We came up with those numbers simply out of uh projecting we, we, we ventured on the side of caution in the regard that we might have a tough winner and they might get 30-400 extra hours on them unanticipated, so we calculated those numbers out,

01:00:46,470	we did, and I want to make it very clear we did not go out and survey these motor graders to give, give, uh, if that was called upon, which would have been our procedure if that was called upon within the bid.

01:00:59,170	So, but we did put this in there and uh I guess we felt that we’re perfectly fine to do that because it says suggested options, it doesn’t mean you need to take it We are suggesting to make this part of the bid.

01:01:18,070	And I also wanna call to your attention in the bid document right on the very first page that this is the responsibility of you as the commissioners. It clearly states in item number 3, and I can show this to you also.

01:01:35,600	Bids will be awarded or rejected as the best interest of the above named entity which obviously is Burleigh County So the net effect of all this, and this is what I want to make the point of on the summary sheet here is when you calculate this out as we proposed it there is an advantage to the county of 10 and just shy of $17,000 106,960 to be exact, so I hope I’ve laid out to you the difference of our proposal versus our competitors and

01:02:02,800	where the $107,000 advantage to the county is with going for the Butler proposal in um in lieu of what uh has been on the table or on the floor right now has moved and seconded for RDO to receive the award. At this point, I guess I would stand for any questions. from the Comm. I have a question.

01:02:26,270	You’re saying you get this back. You get more money and we’re gonna do it this way, the, the way you said, you know, we’re going to do the buyback and we’re going to raise it and change your contract 5 years old. on the condition that we buy from you.

01:02:55,100	Yes, if you’re, you’re replacing the existing CA motorgras that are in place and making granting us the award. What you’re doing, what you’re doing here with this bid is your you really close close, I think, to something we don’t want You want to change your bid.

01:03:19,170	as a, as a, as a favor, you’re going to redo it, which will give you which will give you an advantage over RDO. Now we can sell in blades, I’m sure of that. OK And we’ll probably get more than what you’re going to give us anyway.

01:03:37,430	But I, I just can’t go along with this, uh, you know, the last time you walked blades, you didn’t have your specifications, right? And then you came and you spoke about that. And I’d like to comment on that when you’re done. It seems to be a continuous thing Sorry. Go ahead. You wanted to come and go. OK. So, so let’s address what happened two years ago. I don’t care what happened two years ago.

01:03:53,270	Well, I would like to give you a little update how us as a vendor and the highway department worked together, uh, they gave the vendors the opportunity to come and let’s go through this bid, which was a great exercise for everybody involved. Let’s clean this up.

01:04:10,970	We’re not gonna throw somebody out for a specification because in 4th gear it goes 0.2 miles an hour faster. What they did this time, and I compliment the highway department for involving us in interacting with us that we came to the agreement.

01:04:28,800	Let’s have pre-approved models and they’ve looked through our specs and said, yes, those are competing in comparable models, RDO you need to bid your 772 G or GP or excuse me, P or GP and Butler, you need to propose your 150, so it takes that whole discussion off of the table.

01:04:52,600	I guess the point I’m trying to make here this evening is that there’s a $17,000 advantage when you peel the onion and look at this as a total cost bid at this point in time, and I’m not disagreeing with you, Comm Cho. Why didn’t you put that in on the front of the bid. Because of the fact that we can.

01:05:03,870	You’re going to use that to get the bid and I think that’s unethical and I won’t support it. OK. Period. Uh, all right. I, I understand your, your point of view on that. I, I can’t. However, and I can reference this because we have several Morton County Commissioners in the room here this evening. Their bid was the day before.

01:05:19,900	Coincidentally, the prices of these came up. I’m showing you a $50,000 or a $40,000 difference, how would we respond to those commissioners if they’re saying, wait a minute, we bid the exact same motorgra yesterday and you’re selling it to Burleigh County for $40,000 less.

01:05:38,500	In addition to that if you look at the bid document, what I have to fill out, it says very clearly that any additional items does not go back onto the first, or excuse me, the bid page. This is Deer suggestion.

01:05:56,100	So I guess I don’t feel that we are out of compliance in how we presented these numbers to you, Mars Marcus, can you come up here What do you think? Uh, Comm, I, I have no problem with the cat plates. I just want to state that to begin with. They have a fine product and, and we’ve used them in the past and so there’s no issues on that.

01:06:26,070	My biggest concern is that line number 3 of this particular thing, we clearly state basis of award is on that line item, and I do, I have very uncomfortable with doing anything that doesn’t base on that line item.

01:06:44,730	Now, in the future, if we want to relook at how we bid these, I have no problem doing that, but this one is in place, and that’s the number that we received. Um, I am sure that we can get more for these particular uh um pieces of equipment when we go out for bids. Um, CA is not a nonprofit institution. They plan on making money on these even at 150,000. So I think we can get more also.

01:07:07,100	So to say that there’s $106,000 savings or additional money for us. I think we can realize that on our own. Well, I have a little concern with that, Marcus, because earlier you said, uh, maybe put a a no sale amount of, of like 110 or whatever that original number was.

01:07:28,500	And that would, that would be leaving 45 to you know, 45, 46,000 per machine on the table. So I, I would think that a bare minimum um, Burleigh County needs to realize at least uh, 156,000 for the lowest number, lowest hour unit.

01:07:52,000	Uh, and Commissioners and we can work all that out next spring as far as when we put that up and what we set the minimum bids are at. So I have no problem with doing that. The only reason I was saying 110 is that’s what was in the existing contract, so I wanted to make sure that was covered.

01:08:09,730	So, Well, I need to, I need to make sure that that’s covered because you’re talking about, you know, 50 to 60 grand per machine, uh, Comm Woodco Chair. Well, we, we, we get bids all the time on all kinds of land deal, whatever, it doesn’t make any difference. But I like to look at a bit and say it’s not apples and oranges that we’ve got two different bids.

01:08:25,800	I mean, the two bids we have to analyze to see whether this one is better. I prefer, and maybe I’m wrong, but I prefer to say this is the low bid and that’s what we’re taking.

01:08:43,600	As long as, as long as their company is, is, uh, is sufficient uh, but are we not, we’re getting apples and oranges on this bit, aren’t we? Our, Comm, uh, because the cat has added this additional twist in the package by adding this at the end.

01:09:04,100	Yes, it does confuse the situation because if you ask uh RDO would they like to purchase, uh, those cats coming back at a particular price and then sell them on the open market to make money. They may have weighed in on that. So, but that was never part of the package. Changing the five year old agreement was never part of the package, OK. They both, both of these machines, hang on, or both of these machines all-wheel drive? Yes, I believe they’re all, all of them are that.

01:09:19,530	OK, because I didn’t get that out of the thing. I just Oh, you know, I knew the cat was. Hey, Comm Bachman, did you have Again, the reason for my motion to go along with what Marcus had proposed was it’s about the precedent and not changing the president, you know, this is an

01:09:40,900	extra twist beyond what we had asked for. Um, we’ve gone over this and should somebody be allowed to rebid or because they missed a deadline or um it wasn’t the filed email. It was sat in the auditor’s office or it was hand delivered and it was delayed somehow.

01:10:01,870	I mean, we, we deal with this all the time. Um, we have a uh position. We have a precedent set. We have a way of doing things. If somebody wants to to go beyond the specs of what a bid is, then it’s hard for us to evaluate that.

01:10:22,530	Um, again, when we come up to sell these, if Butler or RDO or whomever wants to bid on these for turning a profit, they’re more than welcome to do such, but uh right now we have a precedent set.

01:10:50,900	We have a way of doing things, and I feel that this would be out of compliance for our process Uh Comm Schwab I, I think Comm Bakken is correct, and I think Marcus, I and the group back here, we’re going to have to revise our contracts, stop this stuff. It’s winter we’ll have time this winter, yeah, after this is complete, we can look at how we do it and see if there’s another way.

01:11:10,500	So because you, you can’t modify a contract after you know the bids and say, well, we can beat that. We’ll just do this and this. I could go on and on forever, and this is the 3rd time now that we’ve had trouble with bids. and I, uh ethically I, I, I can’t support. I got to go RDO.

01:11:39,330	Oh, sorry. OK, um, I guess we’re, I just wanna make it very clear we’re not modifying we’re enhancing what was in place from 5 years ago, and once again this is at this stage is a $17,000 advantage to the county. That’s why I’m asking for your consideration on this.

01:12:07,070	And furthermore, now this discussion is going on, well, we’ll just auction them off and they’re, I’m not saying that’s not a viable option that you can do you’re entitled to do that because it says right in here that the entity, meaning Burleigh County, has the option to do with it. The asset, whatever they want.

01:12:24,800	They can’t auction it, but I’m going to also remind you, number one, you’re at risk. This could swing the budget the other way, and number 2, the auction companies don’t do this for nothing either. They’re, they’re typical what they charge is 8 to 10%.

01:12:42,470	So let’s go to the, you know, mark throughout the number of 160 to 170 for simple math, let’s say 150, they charge you 10%, your net proceeds are only going to be 135 because they’re gonna charge you you’re, they’re gonna charge you that 10% or $15,000 to do this, so we’re all in agreement that there is an enhanced value to the motor graders that are

01:13:03,730	getting replaced and what we’ve come forward with is a concrete plan that has real dollars attached to it to the tune of $107,000 that I like to lay out before you that frees up budget dollars and helps you out, um to tow the line on the budget if you will, or put some additional capital purchase

01:13:25,100	into the budget for future. Thank you OK, thanks. Any other discussion? Seeing none called role Comm Munsen? Yes, Comm Bakken. Yes, Comm Schwab, Comm Woodcoxck? Yes. Uh, Chair Bitner? No. I would have preferred that we just reject bids and start over. So. OK, next.

01:13:55,630	Next item is a second pro permit, uh, Robert McCray McCray has requested a second approach permit on his property in Prairie Crest 2nd subdivision. Uh, there’s maps in your packet shows that where these approaches would be um on both of these approaches would be off of Rose Drive.

01:14:13,800	The reason we could not approve this, uh, as part of the highway department, is there are less than they’re right around 80 ft, uh, senator to center, and our, our minimum is 100 ft. So at this point we had to reject them. However, this is on a low volume, low, uh, speed roadway, uh, in a subdivision.

01:14:32,430	I talked to the individual about placing that second approach out on the the other roadway, uh, and he has problems with uh septic field and drainage fields out in there. So it would not be convenient to put it on that other side.

01:14:49,470	So, um as I stated, it doesn’t meet our minimum qualifications for, so I can’t necessarily recommend it, but I don’t see any major problem with approving it. Move to approve Second uh, motion 2 to approve any further discussion. All thero. Comm Bakken. Yes, Comm Schwab, Comm Woodcock, Comm Munsen. Yes. Chair Bitner. Yes, motion carries. Thank you. Sheriff Lien, salary adjustment, variance to county policy and quarterly report. Welcome, Kelly.

01:15:22,530	Evening, Mr. Chair. A again and Commissioners, um, so I’m going to take things a little out of order if you’re OK with that. I’m going to. Start with the. Go ahead.

01:15:43,900	OK, with the, um, quarterly jail report uh figure give you the good news first, soften you up a little bit, but, um, so our average daily population over the last quarter. um, actually last month was 351. Um, I did get new numbers today, and I’ll, I’ll share a little of that. Uh, the numbers stay pretty consistent, but that average daily population, um, definitely impacts our billing ability as we deal with these contract prisoners.

01:16:08,530	So just to give you some numbers of where we’re at this year, um, billing for January through September, um, we build 3,5 73000533 To compare that to last year, um, we had built at this point roughly 1.8 million and we ended the year roughly at about 2.6 million.

01:16:35,170	So we are doing very good this year, um, as far as managing the population, working with the entities that need these contract bed space. 2023 we were 1.4 million about this time, and we ended the year at 1.9 million. I did just uh before I came to the meeting, I, I got the report for October.

01:16:57,600	Uh, we took in another additional 500 and some 1000 so currently our billing for the year is over 4 million. So we are on track, um, and sit very good to exceed that 5 million, which is what we were projecting.

01:17:22,170	Again, these numbers, um, the, the good thing is these aren’t Burleigh County prisoners, um, or Morton County They are basically federal inmates, state inmates, um, and ice, ice is probably the smallest of the equation, uh, but I believe if I remember correctly, the state, their bill for DOCR inmates this month was over 200,000.

01:17:45,070	Um, so those are very, very good numbers for us, um, obviously it helps, uh, you know, keep our costs down to run the facility. Um, staffing is the biggest issue as we look at, you know, how many prisoners can we take in, um, and manage because obviously we need staff to run the building.

01:18:08,700	Um, the good news is, uh, we are currently one staff over if you recall, and I’ve talked about this a lot, uh, I’m authorized to hire for unfunded backfill positions because by the time we turn an employee over and get a replacement.

01:18:28,900	you know, we’ve saved money in the budget and uh so we did have one staff that had left us, uh, they had inquired about coming back, so we were able to pick them up. Um, the budget is going to be fine, um, like I said, every time we have a vacancy, we figure that in what we’re saving. Obviously, you have some overtime costs, but we just keep an eye on all those numbers.

01:18:49,230	Um, we’ve been hiring, um, pretty steady. I, I’ve talked about this for, uh, probably for the last couple of years, I think it feels like, but we’ve been constantly hiring, uh, I, I feel like we’re, we’re making good ground. We really are. We’re on track to, uh, get 4 new positions, the first of the year.

01:19:11,600	Um, and I, I feel comfortable that we’ll be able to achieve that. The um the good thing is, like I said, um, you know, we, we get a lot of applicants.

01:19:29,370	It doesn’t always equate to hire, but the good thing is our staff is recruiting good people, um, which is a plus because that tells us that they’re happy with the place they work. Uh, as I spoke earlier during our uh meeting on the uh jail, um, in the earlier session, the, um, Tren and I did attend.

01:19:54,900	a, uh, major Trent Wongan did attend the a uh conference in Indiana, uh, as you know, we currently have that 400 pod that is just shelled in at some point, the jail committee is going to have to make a decision on what we do with that shelled in pod to recommend to both commissions.

01:20:13,530	So we did start looking at what are the options, you know, and this is a, I would say probably a 3 to 5 year plan. Um, but at least this, we’re getting started at looking, you know, at what’s going on out there and uh how do we mitigate, um, or, or work through that empty pot and finish it out if

01:20:31,100	that’s the road we go down, um, the good thing is, uh, we did gain a lot of information from that, um, uh seminar we went to, in fact, I wish we would have gone to that about 10 years ago, um, and maybe we won’t be dealing with a jail paint lawsuit right now, but, um, we, so that’s

01:20:53,070	something I’ll be taking to the jail committee, but I just want it on your radar. that that is probably a 3 to 5 year plan that if this bed shortage continues, it’s an opportunity for Burleigh County to consider as we would finish that pod out and which would

01:21:11,170	allow us to bring in about another 120 inmates into the facility. Um, just a quick update, uh, we are moving forward, uh, with the state contract that we’re projecting for the first of the year. We have sent our proposal back to the state.

01:21:34,630	We’re just trying to negotiate a contract that we can take back. Trent and I can take back to the jail governance board um to get approval on that contract with DOCR, um, that we’re currently holding some of their prisoners, but that would be a different group of people we would bring in the facility.

01:21:55,470	Laing and I’ll just, uh, make you aware of this, um, that we’ve kind of talked about it indirectly. Um, we have the, uh, opioids settlement funds that are sitting out there and also DOCR came out with a grant uh for basically, um, inmate betterment, you know, to help with recidivism. So, uh, Major Wanggan came up with the idea.

01:22:23,270	of basically, and I’m just gonna keep this at the 30,000 ft, but basically what if we proposed a diction nurse in our facility, um, that could work with our addiction people in there, uh, as I’ve spoke to you before, we have a medication assisted treatment program for people that are already on a drug to help them with an opioid addiction.

01:22:47,370	What we don’t have is a process to induct people into a program, and that’s something that I think would be very beneficial. What that would look like is people would come to us. We would work with a provider and get them set up on, um, some type of drug to help them with their addiction.

01:23:07,100	And when I say drug, we’re talking, you know, buprenephrine, uh, methadone, those types of drugs for opioid addiction. Um, it’s a. Go ahead, Comm Bakken Um, Sheriff, um would could or would we be able to utilize opioid settlement dollars for some of that programming. Mr. Chair, Comm, that’s exactly what we’d be able to do.

01:23:34,730	Um, so what we’re looking at and, and I just want you to have this on your radar. Um, I’ve talked with Comm Munsen, um, and Comm Woodcock, um, as we’ve be good, but the good thing is, I, we’ve got opioid settlement money. Um, I believe to the tune of roughly 200,000.

01:24:14,800	We should be hearing very soon whether or not we got this grant, so I’ll be presenting that, um to see if we want to accept that And then obviously, we’d be approaching M Martin for their opioid settlement money also to help us administer that. So, uh, it would.

01:24:35,070	But we would be able to have a program put in place and be able to measure the outcomes and then decide if after the opioid settlement money has been utilized. The grant has been utilized if there’s value for Burleigh County to continue with that program. So we’ll have a, a tested methodology of measuring the results of that programming, correct? Mr. Chair, Comm, Comm Bakken, exactly.

01:25:01,970	We, uh, we’re thinking that this would, we’re hoping that we could fund this program for probably 3 to 5 years between opioid settlement money and DOCR money. We’re just waiting to hear on that DOCR grant, and then we’re gonna have to move forward fairly quickly. Thank you.

01:25:25,800	The one thing that would do is, um, that would allow us, um, you know, an, and an additional nurse, um, that way, uh, working with that type of clientele in our facility, but also augment our existing nursing staff. OK Kateate, um, I’m going to discuss the next two things at the same time if you’re OK with that, cause they kind of interrelate.

01:25:50,530	Um, so we’re in the process of trying to hire a nurse, um, and one of the things that I was hoping Pam was going to be here tonight, maybe, uh, she didn’t want to be a part of this, but no, actually, she’s in agreement with, yeah, she had a, had a, had a prayer service or, OK. Somebody that, uh, passed away.

01:26:09,630	OK. Sorry to hear that. Um, I have spoken with Comm Woodcoxck on both of these items. So, uh, as I stated, we’re in the process of trying to hire a nurse.

01:26:29,900	And as you commissioners are well aware, uh, this job market is interesting to say the least, and one of the things over time that we’ve had to do with these nursing positions is we’ve had to get very creative when we try and hire and ultimately, um, when we compete against the other existing, uh, nursing positions in the community, and you’ve got two hospitals, you’ve got multiple clinics. You’ve got multiple nursing homes.

01:26:52,530	I cringe every time I drive by a nursing home and I see the sign on bonus and the salaries that some of them can pay. And I understand, you know, we are handcuffed in some ways, especially now with the 3% cap coming into play.

01:27:08,800	Um, one of the things we’ve done in the past is, um, we have looked at the 36 hour work week. That is what the nurses that are working shift work get in the hospitals. Um, they work 3 twelves and they’re done. Uh, we’ve had to get creative and try and compete with that.

01:27:29,100	Uh, we’ve actually even looked at, you know offering additional vacation, whatever we can do. Ultimately I’m here today because uh we did just complete a round of interviews and it was Groundhog Day all over again because we went through the same thing, um, the typically when I bring positions into the department and I have a meeting with them

01:27:51,600	to conditionally employ them. I explained the benefit package. I explained the salary we’re offering. and they accept and, um, very little negotiation, you know, sometimes there might be a little bit, but I think we’re very competitive.

01:28:12,900	When it comes to nurses, I can’t do that, um, because honestly, when they come in, the first thing I have to figure out is what are they making? Um, what is it gonna take to get them there. And oftentimes we get creative and, and a lot of times we just get lucky to fill those positions, and I’ll be honest, um, this is something Pam and I have, I think we’ve talked with, um, Comm Woodcoxox on this in

01:28:34,330	the past. I think we, we hired two positions licensed, practical nurses, and registered nurses. Um, We have not filled a registered nurse position in a long time.

01:28:57,730	We’ve underfilled and, and don’t get me wrong, we’ve got good nursing staff out there, but we’re, we’re filling out the LPN level because that’s more where our s al ary is, um, when we’re hiring because our pay grade for LPNs is pretty good. Our pay grade for nurses is going to need some work in the long term. So when we sat down, um, I had a meeting with the command staff at the jail and HR, we reviewed the nurse candidate we had.

01:29:20,170	She’s a registered nurse. Um, I’m, I didn’t disclose her name in your paperwork because she is currently employed, and if this doesn’t go through I don’t want to jeopardize their job position, uh, over 20 years in the, uh, medical field as a registered nurse, um, currently our nurse supervisor is a registered nurse, and is

01:29:42,170	the only one that can do any of the teaching because LPNs can’t teach, uh, so what we’re really trying to do is get another registered nurse in, and, um, we had to make some concessions and, and do what I would say is not typical.

01:30:03,970	Um when we looked at celery, uh, so when we agreed on a salary, we felt comfortable, which is my first proposal, um, as you’re aware, uh, I can authorize up to a grade 5 by county policy, or excuse me, a step 5, what we’re asking is for authorization to bring this nurse in at a grade 9 which is a registered nurse and a step 13.

01:30:27,530	Um, that is very, uh, in the market for what nurses are getting, um, our, our hiring Guy Sergeant Elliott Carvell. did a, uh, assessment of what positions are paying out there based on vacancies and, uh, he was comfortable with this, uh, in speaking with Pam, Pam looked at what is being paid out there, and she was comfortable, uh, with this proposal.

01:30:53,000	The reason I say we’ve got to kind of do this together is, um, the problem we run into is any time we grant a variance, we have to look at existing employees.

01:31:15,730	And, um, so when we looked at our nurse supervisor, our nurse supervisor isn’t making the salary that we’re proposing for this, uh, new hire, and part of that is I think we got very lucky bringing our nurse supervisor in at the time we did. Now these salaries are jumping these, uh, uh, contract nurses are coming in, um, so the salaries, um, there’s just so many jobs and we’re struggling to fill these.

01:31:36,330	I did suggest to Pam that I think at some point in the near future we’re going to have to look at a salary study, uh, whether we do that for individual positions or overall, but I think we’re starting to see, um, discrepancies.

01:31:52,970	You’ve seen the state’s attorney come in here, you know, where it’s just this market, the jobs are jumping and people will get applicants that were about to hire and then their old employer will raise their salary whatever to keep them. So, um, ultimately, um, I’ve, I think this is the right way to do both of these motions.

01:32:15,270	One would be to allow the variants bring the nurse in at a 9:13 and then the other would be to move. the nurse supervisor from a step, uh, 8th grade 12, step 8 to a grade 12, step 10, effective immediately. Mr.

01:32:40,370	Chair, Comm Wood, we’ve gone over this quite a bit, and I would move that we approve both, uh, the jail supervisor and the, uh, nurse to be adjusted their salaries accordingly so we can hire them. Second Motion a 2nd and an echo. um from online uh any further discussion Caro. Comm Schwab, Comm Woodcock. Yes, Comm Munsen. Yes, Comm Bakken? Yes. Jain Bitner. Yes, motion carries. I’m done, Comm Schwab on to just make sure. Thank you.

01:33:10,730	Hey, Comm Munsen, you got, uh, Wetland delineation report, request approval of commission for something, something, and, uh, something something something something. OK, first we’ll bring up um oh from Swenstern Hagen to uh go through the wetland delineation report that we authorized several months ago. Good evening Thank you Comm, good evening.

01:34:34,070	Jason Patrician, uh, Swinson Hagen and Company. Um, earlier this year, the Burleigh County Commission authorized more engineering to do a wetland delineation of the Missouri Valley complex in which that result came back with 170 page report filled with all sorts of things in regards to aquatics, hydrology, soils, and things like that.

01:35:07,170	Three indicators help to make a wetland. Hydraulics, soils and vegetation. The complex is approximately 350 acres of which that delineation netted approximately 125 acres of wetlands, which a majority of it resides within the hundred-year flood plain and the flood way This particular exhibit here shows the areas more in interest to the complex, which are in more of the areas

01:35:45,630	that could be buildable uh by different, uh, uses, and then of course by improvements that potentially could take place in regards to infrastructure and things like that to further the complex to be utilized to its fullest.

01:36:14,000	Um, overlaid on this is, uh, a proposed uh road network that we have, uh, had discussions with the City of Bismarck on a potential latte in which, um, would create some uh, infrastructure, uh, abilities to bring water and sewer up these road networks and then also to, uh, provide a an extension of tandem Drive to Bismarck Expressway, um, interconnecting back to Midwest Drive.

01:36:44,500	In that study with a proposed layout if we were to choose to move forward with that. we could be looking at um in the future, potentially 1.5 to possibly 11 acres of impact, and that would be to, um, bring in detention areas which we can’t necessarily put a detention area in a wetland so that area has to either be um mitigated or bought through the um mitigation bank program.

01:37:12,100	and then of course construction of any proposed roadways. And so that potentially would require us to either avoid those impacts. It would require us to mitigate them on site, offsite, or to buy into the bank program. Um, state of North Dakota. has a bank program that’s administered by ducks.

01:37:42,100	and if mitigation is not an option, or if the Core realizes that they don’t want that as an option. Um, a duck buyout can be um, procured and so we’ve had some recent changes in the um Corps of Engineers and on the federal level and how um the rules of permitting has been engaged recently, and so, um

01:38:09,230	in order to really know how that’s going to affect a permit, um, we would like to ask for a recommendation from the board to, uh, go out, solicit bids to get uh, a firm in place to do a 401 permit and a 404 permit to move forward, uh, with permitting and how that core

01:38:38,170	would interact with, uh, the potential impacts and how they’ll come back with, um, what they would like to see, I guess, more or less. So, um with that, I could take any questions that you may have, Mr. Chair. Munson.

01:39:00,070	I, I, I I’ve had the opportunity to meet with Jason and, and see this um prior, so uh what excites me the most is as the Missouri Valley Complex Committee is looking at developing initially when we met with Swinston Hagen, we were talking, uh, affected areas north of 11 acres.

01:39:25,700	Uh, and with the latest proposal that we have worked through trying to get to that plat. We were at 1.5 to 2.5, depending on exactly how those roads went. So. even though I know, and Comm, um uh Bittner has said, we know where the wetlands are.

01:39:45,500	I mean, it’s pretty easy to decide that, but without having the study done, we can’t move forward with the plat. So it was one of those necessary evils, but I think what’s exciting for me is we moved that 11 acres down to 1.5 to 2, uh, of affected area and so through this process, we got some good news out of it. Yeah, minimization is, is able to be enhanced because we know where that delineation now is.

01:40:09,900	And so we’ve been able to move some of our things around to try to minimize and avoid as much of the impact as we can. So what are you talking about, that tandem drive section kind of right by, um, in that lower kind of left. Yep.

01:40:32,870	So, as we’ve rerouted the road, now we’re just affecting that little area on tandem instead of our previous plan. Yeah. So, what’s can’t the road be where, where the road already is? What’s the And that would probably be more of ad Jason question.

01:40:52,600	I know initially that’s where the road we talked about, the city through the lat uh development has asked us to put the road where it is now not to say that that’s where it’s going to end up. We haven’t finalized, so, um. What do they got to do with where the road goes on. If they’re approving the Platt, they’re requesting the road to be there. That’s not your call.

01:41:13,000	Chair Bittner, Commissioners, if I may. please do Stan Drive here by facing and drive, you would be able to utilize an area in here for stormwater detention. and having this road come down, follow the existing road and come down, would effectively place uh or take away additional area or placing detention somewhere else.

01:41:47,630	um, so I we can move that road around, it can be avoided. It’s more of where do we pick that water up, how do we manage that runoff, whether we’re in the city or in the county, um, we still have that detention part that we have to figure out.

01:42:11,530	Part of that comes down to do we allow that area to be utilized for detention to preserve the higher ground for some of the additional uses for the facilities. or do we not do that and sacrifice those areas to put additional detention facilities in in impact, maybe future facility areas.

01:42:36,270	So by, by leaving the road where it currently is, our detention pond would end up being in some of that event and festival ground area that we would like to develop. for that purpose So the road does give us that option to then I don’t necessarily agree with that because it looks to me like bas basically right there on the map, you’ve got a big chunk that’s not in the

01:42:52,100	wetlands that you could turn that into the enhanced, um, uh detention area and then have a road in either place. I mean, I don’t, I don’t. think we’re reading too much into that, but OK. Let’s go ahead and continue or you don’t. I think Jason’s done for comment.

01:43:19,970	My motion at this time would be to request permission of the commission to solicit bids for the 401 404 permits. um and that’s all we’re doing is requesting bids from vendors to bring back to the Commission for approval at a later date.

01:43:46,630	Second for for doing the permits to the Corps of Engineers for what project? Are we, are we at a, we got a project going on? In order to move forward with the plot. and that just I’m gonna have to lean on Jason here a little bit more here to move forward with the plot, we have to have the 401,404 permits. to understand what direction we’re moving.

01:44:07,470	Chair Bittner, Commissioners, if we would impact or believe we would impact any of the wetlands we would be required to permit those wetlands. And so, um, any of the construction of any future roadways or infrastructure would require permitting.

01:44:37,900	Um, in the in at this time for platting, um, there would need to be some knowledge of how to handle those potential impacts if we’re going to have easements rightaways, anything that it is believed that could provide an impact handled and how it’s handled. So ultimately that plaque could move forward on its own legs, saying that any type of stormwater, any type of wetland impacts, that whole package is handled as part of the planning process.

01:45:08,270	OK, any further discussion call the rule. Comm Woodcoxox. Yes. Comm Munsen? Yes. Comm Bakken. Yes, Mr. Schwab Yes, er Bittner? No. Motion carries Thank you. Uh, I C in my packet is, um, Kimble Bottom’s bank stabilization, uh contract with Houston Engineering at our last meeting, we approved the uh project to move forward.

01:45:44,700	Uh, what was not in your packet at the time was the proposal from Houston Engineering to move forward to the next step in that process, um, I bring it to you for two reasons. One, to approve the contract number 2 to decide where to pull the funds.

01:46:03,270	uh, out of the 2026 budget, uh, I had requested money for the Kimble Bottoms project which was removed. Uh, so I would uh move to move forward with this contract with Houston Engineering, uh, but paying for it with reserve dollars. I have a motion. Is there a second Can I have a motion.

01:46:30,530	Is there a second Second Any further discussion? Mr. Chair. Mr. Woodcock. The, the second figure, $25,000 that’s to just do the permitting. Is that expensive? It takes two years Well, I’m not talking about time. I’m talking about money.

01:46:59,000	We didn’t didn’t fund it in the budget, so, um, so I here, I have a question Uh, Comm Bachmann, did you get your, so M Comm Munsen, does this uh so this is mitigation stuff that we need to get done anyway. This so. we’re handlers on their Kimble Bottoms is the best place. Something might change, um you know, this is just mitigation that’s gonna have to happen anyway, correct? Correct.

01:47:22,430	You know, whether we decide to do all the repairs that uh we approved last meeting or we pull back and decide to, um, give the park back and uh reclaim it to its appropriate spot or appropriate the previous condition, either way with this stuff has to be done.

01:47:58,070	So we would be what now requesting a permit for something that we don’t know what we’re doing. Well, last meeting we approved to move forward with the project. to reclaim Kimball Bottoms, you know. So we already approved that project. at our last meeting This is the agreement with Houston to move forward with the permitting uh the the the design plans.

01:48:27,530	that we approved uh, as well as the grant writing to try to get uh funds to help pay for it. Did you put this out for bids or what was this, uh, how did you come to this? Uh, we did not put it out for bids I see.

01:48:46,630	This is the group that we approved to help create the project Um OK And Comm Schwab. I don’t remember proving that, and I don’t see it in the minutes OK, good catch Um, Mark, was that last meeting or the meeting before? I believe it was the first meeting in October that I apologized. It was not last meeting. It was the one prior.

01:49:18,170	OK, any further discussion call the room Mr. Munsen. Yes. Comm Bakken. Yes, Mr. Schwab? No. Comm Woodcock. Chair Bitner? No, motion carries. Thank you. Um OK. Comm Schwab, garrison diversion later. Yeah, it’s time to send a letter to the Garrison version. We have it made up. Do we need to read this in the record.

01:49:53,370	I don’t think I have enough wind to do it. Mark. Good. I don’t Has, uh, it was in the Packard attorney signed off on this yet. Well, it wasn’t in the agenda. Oh, no, it wasn’t weird. Right, so it’s not official document, no. Um, I think you can reference it. I think there was a question.

01:50:19,630	This is Dennis singlele from the State Strange’s office. I think there was a question whether the state’s attorney had approved it. Was that the, the question? Um, it’s my understanding that 6 security lawyer drafted the proposed resolution and the proposed petition.

01:50:37,630	Uh, I had a conversation with her and, and if the commission decides to move forward with the resolution of the petition we drafted him, so we feel comfortable with the language. So you need a motion to move forward. Essentially under the statute, we would need, um, a resolution from the Board of County Commissioners directing the auditor and the Chair of the board to file the petition.

01:50:59,600	And so we would need that resolution from the county commissioners directing the Chair and the auditor to file the petition, um, and so we provided a proposed, uh, resolution to that effect, and we’ve proposed a, uh, or provided a petition, um, that lays out the specific reasons why the county is not benefit benefited by the diversion, uh,

01:51:21,630	and so those have been drafted by our office and they’re ready. So the procedure would be uh, approve the resolution directing the auditor and the, the Chair to file a petition and then approve the petition and provide it to the Garrison diversion OK, I understand all that Um, I do think that probably would have liked to

01:51:41,370	have read it. I know I have. Yeah. Yeah, I have. We’ve got, I got an e-mail on it. You’ve seen it? OK. Good, my question would be, should this be available to the residents prior to us moving forward. I mean, I’m comfortable with what the state’s attorney’s written.

01:52:07,870	Um, oftentimes we make decisions on things that are presented here and then they weren’t previously, um, provided, so I will see that as a a negative if if you guys drafted, do we have to have another meeting at another meeting, do we have to I would like an opportunity agenda or Ken personally they sign.

01:52:33,000	So the question is if, if you approve it, do you have to have another meeting? Can you, you rewrite it, you said, or this is the draft. This is the draft. It, it’s ready to go. So the resolution is there if the commission approves the resolution, um, I didn’t understand that part.

01:52:53,270	Mr. Chair, I just got this an e-mail this morning, and I read it and, and it hasn’t been circulated that much yet, but I’m also on the water board and they have not seen this, they might have some input that we would uh, benefit by and, uh I don’t know exactly where they

01:53:13,730	stand on this, but I assume they’re probably against it, but I still would like them to be able to read this and see it. So, I would move that we table this until, uh the next, our next meeting. They have a motion to table this, uh Second.

01:53:32,470	Motion of second to table this to, um, the next meeting. Any further discussion? uh OK, call the room Comm Bakken Yes, Comm Schwab, No, Comm Woodcock, Comm Munsen, Chair Bittner? No. Motion carries. I’ve seen it enough to where I don’t have to Now, the reason why I didn’t vote.

01:54:04,900	to table it is because you’re talking about, well, you know, maybe they want to speak on it. I’d like to see one of them show up, one of these days and speak before something like this happens. They don’t tell us what they’re doing with this money. And I really have a problem with uh a $9.6 million and we only get 500 and some back.

01:54:29,470	and it’s going to happen over the next 10 years, and they can do it in secret. I thought it was more like 9.9 million we got wouldn’t it’s back, but that’s just my number. It’s a lot. It’s a lot.

01:54:46,630	And it’s too much, it’s too much money to be buying a park board a couple of sets of swings. I, I agree 100%. Comm Woodcutt. That’s another reason for tabling. Now we’ve got this is what we’re planning on doing.

01:55:03,000	Now we’ve got the option to give this to them, and give them a chance to come back and say, this is what we’re doing for Bernie County. So, same way with the waterboard. They had, they.

01:55:17,530	Well, yeah, but they gives them a chance to come back and Comm Woodcock, if I was, if I was, uh, the director up there, I’d find all kinds of things to do right now for Burleigh County on account of this. Just to get, get rid of it, but I know that. A past experience tells me that my brain. The better we get I agree with you wholeheartedly on the concept because they’ve, we’ve given them a lot of money and we’ve gotten very little return.

01:55:33,100	I, I think that money putting in the, put into the economy and the taxpayers don’t have to pay a million dollars a year. It’s going to be up there pretty quick. I just think it’s the right move. Now, they did say they had all them assets.

01:55:54,970	and I believe there’s about 6 miles maybe of canal that kind of hits our border. and they include that in their assets, so it doesn’t belong to the county either. But we got to fix it for him when they slide in. That’s crazy. OK, well, it’s going to be on the agenda for the next meeting. Right. Let’s move forward.

01:56:16,270	Um, item number 12, Comm Woodcock, 250th anniversary mural update. Yeah, Mr. Chair, it’s just an update, um, uh we’re moving forward. We’ve got some preliminary plans on a couple of things that are working. Uh, but the, the, the wheels are churning. We did tentatively agree to match the heritage, the Northern Plains Heritage Fund. application was approved by them for $35,000.

01:56:41,870	We need to provide a match in order to get that grant, and we tentatively talked about it, but we didn’t get anything at Firman, you know, a form of emotion or at least a consensus that we, uh, accept this bid of 30 or this. uh 2 $35,000 matching, uh, grant.

01:57:00,530	So I would, uh, like us to be able to provide a letter to, to uh them saying to the Heritage Fund saying that we are, have, have every intent of matching that with general funds, which is what we talked about last meeting. So I would like to move that we do that.

01:57:17,270	We sent her a letter, I instructor our auditor to send a letter to the Northern Plains Heritage Fund, accepting this $35,000 grant. Second, If that’s a motion, I would second it. Oh, it’s been 2. Thank you, Comm Buckley. Um, motion the second to um, accept the grant for the Heritage Foundation.

01:57:42,170	Any further discussion Now, I am, uh, I’m not gonna vote on this one. I am a board member of the the Northern Plains National Heritage Area, that’s the source of those findings, and I’m gonna abstain, so call the rope.

01:58:01,430	I, I believe technically the Comm has to vote upon your, your abstaining from the vote, correct. So it has to be a motion for that. It’s It’s a technicality, but it’s there. No, that’s just what we need is more, and, and actually, we could, we could allow him to vote. I would approve Comm Bittner abstaining. OK, 2nd. OK, any further discussion, call the world.

01:58:17,370	Comm Schwab Yes. Comm Woodcock. Yes. Comm Munsen? Yes, Comm Bakken. Yes. No, we can’t was that legally. OK, now cul rule. Mr. Woodcock. Yes. Comm Munsen. Yes, Comm Bakken. Yes, Comm Schwab. Yes, motion carries.

01:58:50,530	That’s all I have for an update, uh, I’ll probably give you one of these little brief reports, almost every meeting going through the wintertime. So, most of this is going to be done in the winter, but, uh, we’re moving forward. July 1st or July 4th it’s coming up pretty quick. But we’ll be on top of it OK. Thanks for the update. Comm, I appreciate that.

01:59:05,430	Um, any other business for the good of Burley County? Uh, yes. Is there a representative of Summit Carbon Solutions here. Are you kidding I gotta ask. Well, I don’t, I don’t see anybody answering that question for you, Comm. OK, that’s all I need to know. Thank you. Great. Thank you. We