00:00:06,970	Go ahead and call the June board meeting, the Bur County Water Resource District meaning to order. When do you take Rollol, please. Here. Man Manager Jones. Here. Manager Smith. Yeah. Chair Laber.

00:00:29,130	Here we have a cor we will continue, move it on to item 2 this morning, approval of last month’s meeting minutes and make a chance to review those if it has any changes, if not. Moved to approve, Mr. Chair. OK. Second. Got a motion by Man Jones and a second by Manager Smith to approve the minutes from last month’s meeting as presented. All those in favor say aye. right. Suppose I have it. It’s our approved.

00:00:52,870	Moving on to item 3 this morning, the agenda, and the amendments or changes to the agenda this morning. You’ll have a motion for approval. Oh, I moved to approve the agenda. Second. OK. Got a motion by Manager Smith and the second by Madger Jones to approve the agenda as presented.

00:01:15,300	All those in favor say aye. Aye. Oppose? I have it, the agenda is approved. Move on to item #4. Comments from the members of the public, not associated with the project. I think everybody here is associated with Project this morning, so we can move on from there. On to McDowell Dan this morning. Michael, do you have any updates this morning on.

00:01:38,800	Easement negotiations in the water supply simulation. Yeah, a couple of things. Um, We sent out uh for the easements, the notices to the landowners that went, you know, certified mail return receipt, um, unfortunately, I think hand delivery would have been faster because according to um The mail system, they haven’t been delivered yet or they weren’t

00:02:00,900	delivered on Friday, put it that way, um, Travis was going to check on the status of that to see whether they got out and uh we did get a call back from Mr. Van Beek. He wanted to visit. He said, you know, it’s been a while. I haven’t seen the information.

00:02:13,030	I said, well, it’s been sent. So, um, he’s willing to visit as well as Mr. Anderson, um. Obviously we have some um On Van Beeks Uh, the offer was the same. With the exception that we were not going to do the extra tree removal. So that’s, that’s what went out to them for for background information.

00:02:34,870	Um, he was comfortable with that because he’d seen some of that information before. I think the prior owner provided him some background information, but obviously this is the formal process on the Anderson property, Anderson, um, in conversation with him, he said, yeah, I’m willing to do this, but he says, I really want more assurances for restoration.

00:02:55,270	So in other words, I don’t want to trench that collapses and it’s 3 2 ft lower than the top of the ground and the grass gets back and everything. So we sent him two sets of things. Number 1, within the easement itself, it talks about restoration.

00:03:13,930	In compliance with the restoration and number 2, we sent out the typical standard conditions in our project manual which calls for restoration and also let him know that the project is also um has a performance and payment bond. So in other words, the contractors at risk, the contractors required to under the contract, restore that so we have the ability to make him do that.

00:03:33,570	What’s the total construction easement with, you know. It’s, uh, I think they’re 40 ft. Well, that’s that’s, that’s the permanent though, right? That’s the permanent easement. And then we have an additional, we didn’t set up a construction easement. Well, we will, and a lot of times it’s up to contractors.

00:03:52,270	The contractor want 20 ft or more and typically the contractor gets the temporary construction from uh the owner. Now on the Anderson property, he was a little concerned about the fencing as well. So that’s a conversation in the, in the pre-con with the contractor and said you need to preserve this fence or you’re replacing it. Right. OK.

00:04:09,200	So in that perspective and then Travis, I’ll have you come up, you can add to that. Uh, Welcome Travis back to Houston Engineering, by the way. Yeah, OK. Welcome back. Uh, good morning, uh, Chair, Mans, uh, quick update. I just got a message from Sean regarding those these documents and the delivery of that.

00:04:30,230	He said there’s no still still no confirmation yet on delivery, and as it stands, they’re showing still in process at the facility in Fargo, so, uh, they’re still not delivered yet, but it, uh, has them at, at least it has a location for them, so. Is a letter from Bismarck goes from here to Fargo back to B.

00:04:48,330	Mart And then as for the concerns about reclamation, that’s a standard process where that’s one of the reasons why we do construction observation on that to make sure that they’re compacting the trench, putting everything back, leveling it, and returning to the line and grade, and we have that right in the specifications that the, uh, the work is to be returned back

00:05:02,800	to original grades as close as practical, and then, you know, topsoil restored, etc. so we have all of that as our standard procedure for any kind of pipeline project and uh I would be observing that and then just making sure that everything is put.

00:05:16,830	back the way it should be and that we get a decent product because yeah, that’s the last thing we want is to have to go out there and fill in any settlement issues or, or uh subsides on anything like that, so, so we would definitely uh keep an eye on that and make sure the contractor is doing it correctly.

00:05:28,900	And the one thing, Mr. Chair, I told Mr. Anderson, I said we do this all the time. I named them several larger projects that we do this on, and I said, you know, we’ve never had issues um with getting full restoration, um, granted, there are some pipeline companies and others out there.

00:05:48,900	who have had issues which I think I understand where his concern comes from. So from that perspective, I think what we may do is Travis, it might be the scenario, just call them and find out if they received it, because sometimes I think the processing um notices in Fargo get delayed from when things done, so touch base with him anyway, um, on a

00:06:06,870	couple of other items, the water supply simulation. Uh, I just have some minor issues to tweak on the spreadsheet. I just haven’t gotten around to that and then that’ll be submitted to the state relative to the water supply. or the permit extension. So that’s a small task. I just haven’t got to it, quite honestly.

00:06:26,600	And then on the bank stabilization and trail protection, um, I’ll let Travis address the notice of award and notice to proceed to Bowman, as well as the bids that you have shown in your bid packet or in your package.

00:06:43,730	Travis is coming up, Michael, regarding those easements again, what was the timeline? Do we have 30 or 4? I know we talked about a different. We had 30, 30 days from the mailing, but obviously they lost 5. because or more just because the timeline we don’t, I mean we don’t have to hold to that. I mean, if we understand, OK, it’s just a desired response, so. OK. Thank you. Wars.

00:07:01,900	Yeah, good morning. Um, as for the uh McDonaldan Bank civilization in 2024 project for the uh uh trail uh protection on that. Uh, we did the, we conducted the bid opening on June 10th at 11:00 a.m. and we had two bids that we received.

00:07:23,130	Both of them were conforming bids with no irregularities noted and as I uh as I included in the packet the uh letter of recommendation for the award of the project. We recommend the award to Bowman Trenching. For an amount of $71,00547 which was a fair bit below our engineer’s estimate by approximately about $20,000.

00:07:48,830	So we believe that uh that’s a really good price for this, this work, and it’s a contractor that we’ve had really good luck with before and they, they do good work, so, uh, we would recommend the award to Bowman trenching for the for that stated amount and then we can, upon concurrence, we can sign the Notice award, send the contractor and uh move forward with getting contract documents in place.

00:08:07,230	OK, before we move into that, I had one question just regarding their bids. Do you? Looking at that class 13, you know, you kind of have what engineer estimate about $90 a ton and. Why you said 80, he had 32, is that a concern at all that his number is so much lower than what.

00:08:25,270	For that aggregate. Um, maybe, I don’t know. I think 32 a ton for 13 is still reasonable. Our estimate might have been fairly low just because of the small quantity on that, we’re looking at the economy of scale on this project because uh typically in the past we’ve seen Class 13 come in as low as, you know,,

00:08:44,430	$18 to $20 a ton. Usually it’s measured by cubic yard and that goes at about 2 tons per yard, and so, uh, you know, for larger volume projects, it’s one of those where you have a smaller volume, your price can vary significantly depending on how they load their bid based on their, their travel.

00:08:57,770	costs and some of their overhead expenses for, for doing that. So, uh, I mean, if anything, our estimate on that might have been a bit high. OK.

00:09:10,730	And, uh, they just loaded their bid a little bit differently or, or they have, they also I know happen to have a, a nearby supplier where they can get stuff so their hall is, uh, is fairly short to get to the site. OK. Yeah, Mr. Chair kind of background conversation. Um, I did talk to Mr. Bullman about some of those items.

00:09:28,600	He does have a local supply for rock and he was the one who was talking about the alternative routes which kind of led us to Have the addendum to get the alternative route, and he’s, that’s a quantity of material and Casey and I talked about this standpoint. You’d only put the material down if there’s actual impacts to the road.

00:09:45,300	So it’s a, it’s a variable in the in the in the process if we don’t have any rain and the roads are pretty good during that period of time, may not have much, if it rains and they get rutted, obviously we’ve got more.

00:10:01,730	So I, I’m comfortable with the numbers simply because the conversation and knowing his sources are local and also for this one part of that cost is the placement spreading and and leveling of that product as well and placing it on the road so the other contractors may have factored in a little bit more labor on that, or they just assumed a little bit more just to cover themselves, so.

00:10:14,530	Uh, could be, uh, that this, this is one of those quantities that’s only gonna be needed to to address and touch up the approach going into that aero Club and then, uh, you know, maybe some dress dressing up on the road as needed and, and if we have a, you know, a good price like this, that could be one where we, we look at maybe using applying a little bit

00:10:26,570	more of that product just to really uh return the road or at least even improve it a little bit from where it is now because I know we’re we’re looking at as a, as a benefit to the park to improve their approach going in there because that one looks like it’s been neglected for some time and

00:10:39,600	we’re kind of looking at this as. Something that we can do for them to give them a little bit of, uh, uh, you know, a little something back for, for letting us cross their, their park to access the site. OK. Makes sense. OK.

00:10:56,330	Any other questions for Travis regarding this, uh, yeah, I mean, pretty happy with where the bids came in and uh obviously we know Baldwin very well. They’ve worked with us for a couple other times and. And especially out of big ***, so. OK, so we’ll kind of look at, make it a motion. So moved To approve the bid. To approve the bid to Mr. Bowman. Been awarded.

00:11:14,000	I’ll say it. OK. Got a motion by manager Jones and second by manager Smith to accept the bid and award, uh, provide the notice of award to Bowman Trenching and moved forward with the next contracting steps. Um-hum. What do you take roll call vote, please? Management? Yes. And Jones. Yes. now? Yes. er man Yes, motion passes.

00:11:41,600	for the contract and provide notice to proceed to bo retrenching for the work out to be all down. Mr. Chair, if we could, uh, just back up on easement negotiations, um, two things, um, I would suggest that the board put on executive session on the agenda for next month. OK.

00:11:58,700	In the event that we have, uh, the board has, uh, further action to take. OK. I may as well do it now to make sure that we, we put it in. And secondly, uh, with regard to any notice and communications requirements, you know, the law requires that this be the certified mail and, um, that needn’t be the exclusive method.

00:12:18,400	communication at this point either if, if Mike is talking with him or you are Mr. Chair, um, lots of times and when we comply with the statute, we’re also using electronic mail, uh, which is a practical matter of getting this information to the people to continue these negotiations.

00:12:40,300	So, uh, you know, there’s nothing wrong with the board getting and exchanging that information more quickly if it needs to just to move things along. Um, to the question, are we in formal or informal, I think we can talk about that, uh, next month. It kind of depends on what responses the board gets from From the offers and we can go from there.

00:12:57,370	Everybody wants to move this along, including the landowners. Um, so that’s what we look forward to in the, in the response to these offers. Mr. Chair and Dave, um, would it then be um acceptable if we emailed the documents that were sent certified mail and also emailed them the notices that they’ve been sent to them.

00:13:20,430	Yes, I would. OK, because that way if they’re not getting there and they’re stuck in Fargo for whatever reason. We can at least document the fact that we’ve sent them to them that way, and then we can give them an email copy.

00:13:33,870	Yes, and the board has complied with what the, you know, what the statute contemplates. We’ve done that, having said that, we still need to get the communications going. OK. So, Travis, you and I worked that out this afternoon. We have email addresses? Yes, we do. Good. Yeah, very good. OK, thanks, Dave. Yeah. OK, uh, emergency action plan, uh, obviously, we’ll keep working on that.

00:13:56,030	Yeah, that, uh, it’s kind of in Mary Sanger’s hands at this point as to when she wants to actually um Do that set up. The emergency action plan has been updated, obviously, this would be a, an exercise of that plan. Um, probably an office scenario where you’re just making phone calls and double checking stuff, so.

00:14:13,730	But I’m leaving that in her hands, and I will let her know that, uh, Depending upon when she wants to schedule. OK. Dave An update from this morning. Morning, Dave. Good morning, Chair and managers, uh, just a quick update. As promised, I was gonna give you some more.

00:14:43,130	relevant numbers as we met, so in May, uh, the trail count was 857, and the vehicle count was 10,136. So we’re starting to see the numbers go up as, you know, the weather gets better, obviously, um. Everything’s in full swing at the at the reservoir, um, all the docks are in all the equipment’s available for rent.

00:15:04,130	We have good seasonal staffing and, uh, staff is keeping everything well maintained out there. So we’re, uh, in full swing with everything, and it’s, it’s going well. What the plan for that playground equipment, is that, so that project was approved.

00:15:25,800	And they’re 6 to 8 weeks at least out possibly even 10 weeks out for equipment for it to get, you know, manufactured and shipped and delivered. I don’t think we’re going to see anything happen until they know that that equipment’s gonna start coming closer to that date, um, but we’re in conversations with the contractor. And, uh, when they, when they get ready to mobilize, we’ll, we’ll be ready for them, OK? Very good. Great.

00:15:44,530	And was there some parking lot work to begin this this summer we complete all that last year. We completed all of that one thing, um, and David just reminded me the, the little bit of sand that you’re having delivered was delivered and it was spread out so the beach is in good shape. OK. Good. Sounds good. Well, it looks great out there.

00:15:59,500	Thanks. It really does. Yeah. Yeah. Thanks guys. Thank you. OK. Anything else on McDonald Dan this morning? Not seeing any, move on to financial reports this morning. Dennis not being here, he did uh send Wendy and I some information. There is some information in your packet as well. So kind of roll through the mainy review.

00:16:24,530	Uh, but Dennis had provided, so we had a starting balance of 2,216, 76. Dollars, uh, we had bills paid in the amount of $33,437 in additional income of $14,699.

00:16:52,270	Um, made up of various things with special assessments to real estate taxes on McDonald income and of course some interest that we’ve had uh on our investments. Um, so the ending balance came in at $2,197,438. Um, but they’re checking is at 2,190,000 $112. And then they’vera wealth is uh $2,109,434. So we have a reserve fund balance of 700,408. Uh, the remaining CDs is uh 310,000.

00:17:22,400	Those are coming up, which we’ll kind of talk about here come at the end of the financial reports here. And then for a total uh amount and the amount of $5,310,369 for the month of May, so. We’re good. If you have any questions, we can, I’ll move to, uh, approu as the balance sheet as presented. Second. OK. Well, actually, maybe I shouldn’t. you’ll move, OK? Roger. All right. OK. That’ll work.

00:17:50,470	Got a motion by Man Jones and a second by Man Smith to approve the balance sheet as presented. When do you take roll call vote, please? And your Mitel. Yes. Manager Jones. Yes. Andrew Smith. Yes. Chair Landenberger. Yes, motion passes. Uh, moving on to the profit and loss statement.

00:18:13,230	Once again, uh, Dennis gonna walk through that and provide us some notes. And uh wasn’t seeing anything out of the ordinary for this month. Um, that starts on page 12 of your packet, so. Um, everything seems to be in order and as we’re coming in with the course of the continued real estate taxes and the interest. Uh, for the various months.

00:18:33,770	And then of course our expenses like you said Dennis provided some notes saying he didn’t see anything out of the ordinary. Everything looked to be in order. So once again a motion for approval. So moved. I’ll get a motion by Man Jones and a second by Manager Smith to prove the profit and loss statement for this month.

00:18:49,730	When do you take Rollolol, please? And. Yes. And Jones. Yes. And Smith. Yes. Chair Landenberger. Yes, the motion passes. Uh, let’s see, move it on to item C this morning, the 2026 budget, so Wendy and I and Dennis did meet here about what, 2 weeks ago? Um, begin the process kind of walking through

00:19:14,800	our budget. 226. And as you recall last year, we had uh reduction to 1.4 mLs. Uh, the county had requested us to look at, that was in the amount of 984,000. Uh, this year we have a budget request in the amount of 150,000 to Burley County, which is, uh, 1.5 mLs.

00:19:39,830	Um, for, you know, once you add in all the additional income throughout the year, uh, it comes to 12,080,700 is the budget that we have presented, um, as opposed to last year, it was, uh, 1.18 million, so we’re just, you know,,, $20,000 30,000 dollars over the budget that we had last year.

00:20:02,100	So That’s the budget I think we have presented, I believe, uh, uh, Comm Woodcoxx what the process is now the next steps, but they do some hearings, meetings coming up. And once the budget is completed, I think, I want to go over it with whoever is, is, uh, dentist, yep, OK.

00:20:21,570	Then after that, we have meetings 24th and 25th for the budget committee, and we’ll schedule a time for the present the budget to that budget committee, which I happen to be on also, so. OK. Uh, then after that, it, we go to the, uh, the atom.

00:20:39,730	together and put them together and We go to the pulmonary, uh, budget, which is like in July and then the finals in October, September and October. OK. Yeah, so we’ll have, uh, kind of dentists work with Comm Woodcoxx to, to work through any questions or concerns they might have. Um, but, uh, pretty straightforward.

00:21:02,130	The air thing we’ve been working with Wendy is to try to determine what to reserve funds and making sure we’re keeping track between the special assessments OM districts as, as well as these other special pro or set aside products that we have for our reserve funds, so we know that as we’re sitting inside those dollars and trying to plan for future budgets of those projects that we’re keeping track of those separately, so that’s what additional information you have in your

00:21:17,670	packet kind of shows how we’re looking at rolling that out, moving forward, so. Um, I believe that was on. Page of Wendy in the packet there. We have that in there. I know it’s in there. I It’s right behind the balance sheet. OK. Probably on. But I don’t have. Yeah, it’s on page 1.

00:21:42,670	Yeah, see if you’re on page 11 there you can see the various special assessments, districts O&M funds, and then the. The other products that were Got the reserve funds in there, so. OK. Any questions regarding the budget process? OK. Um, I don’t think we have any at this point, any sort of approval on that.

00:22:08,530	I think we’ll wait to see what the final budget comes in and then we can have the final approval after that, so. OK. Moving on to the next item, the CDs, um, obviously a few of those came uh due, I think just talking with Dennis and he had spoken with the bank.

00:22:28,170	And uh We’re looking to probably roll those into the Bavera wealth because the Bevera wealth, I think, was sitting at 4.29%, 4.04% effective rate. Um, it dropped a little bit from 4.27, um. But the, the CD rates are as follows, basically 4.1% for a five month down to 2.

00:22:53,900	75% for 36 months, so in a sense, the Bavara wealth is still having a higher percentage rate than any of the CDs that we could get at this point, so. Mr. Chair, I have a question for you. Have we ever looked at T bills? I don’t believe so, no. Because T bills tend to run at a higher interest rate, depending on the term and the amount. OK.

00:23:16,170	Um, Well, that’s something we could certainly bring up to the bank and see if they. Yeah, see what they’ve got to say. OK. We can have the dentist maybe inquire and see what they can find out for us and Report back. OK. All right. OK. Any, any questions on the.

00:23:39,770	Financial Report this month. OK. Now, we can move on, oh yeah. We have to Have a vote on whether we want to leave the CD. Oh, for the CDs. And the Provera or move into. We do have to have action on that, yeah. OK.

00:24:01,130	So do we know how many CDs are coming up on that one? It was the last one we had. You just had one on that. Yeah. OK. For the 310,000. That’s the one, OK. All right, so we will need a motion to. That CD comes up, move that into the Bavera wealth. So, that’s what we’re voting on to do that in. It has already been moved to the well.

00:24:20,230	Yep. So it’s just whether we want to leave it there or move it. OK. I’ll make a motion that way you leave it there. I think I would second. OK. And to motion my manager Smith and the second by manager Jones to keep the amount from the CD at 310,000 into the very wealth.

00:24:36,770	Account. We do you take a roll call vote, please. And. Yes. And. Yes. Smith. Yes. Chair Leinenberger. Yes, motion passes. Thank you, Wendy. Now we’ll move on to drainage permits and complaints this morning. Uh, any updates on the river Road? At this point, I don’t think it’s still pending. waiting, yeah, OK.

00:25:05,600	And we can move on to Keelboat Park this morning, Michael. Any, any updates there, but, um, I don’t remember whether I updated the board the last time we were doing a little bit of research on these uh DWR did request a memorandum of that research, which I have not yet prepared.

00:25:22,130	But what we’ve noticed is the uh in the record. That that particular area, even though the easements are there and we have copies of them, uh, that structure is not in the ONM manual for either Section 32 or the garrison of Wahi. It’s just not there. There’s just blank.

00:25:46,730	However, the documentation for the agreement with Burleigh County shows that Burleigh County is If you want to call it on the hook for the stabilization for structures within that section. So there’s some discontinuity there between um the obligation and the fact that the structure’s not identified in the ONM manual.

00:26:10,200	So, we’ll put that documentation together, share it with the state, and obviously they wanted us to have legal counsel review that, so Dave and I will step through that and then we’ll just forward it to them.

00:26:26,300	My first impression on this is, is that based on what I’m seeing, um, My initial thought, unless I find something different, will be that, uh, the ONM responsibility is back on the state. In this case. If in fact it was in the O&M manual, I could see because of the agreement with the county, you could probably, you know, put that onus in the county, but I don’t see that as.

00:26:43,200	Um, there’s the inconsistencies there to me put it back on the state, which is kind of where I was at initially when I kind of sent it their way. Um, but they wanted us to do the research because we have the background information as well, so, um, I will prepare that memo and.

00:26:58,800	Get it to this board for uh for transmittal to them, uh, from the standpoint of the project that’s going on down there that they’re designed, uh, the discussion with the state was that as long as the proper again, whether it’s the counties or states’ responsibility that easement as long as proper access was provided. For that structure, um, the project could proceed.

00:27:22,270	It’s just a matter of there may be some paperwork later to authorize that work being done within the the easement boundary, so as long as the easement’s there for any kind of as long as, as long as the proper access is provided, uh, there shouldn’t be a problem with them proceeding with what they’re doing, so we’re not the nothing that’s ongoing is holding it up, it’s just a

00:27:38,470	matter of defining the ONM responsibilities. OK, very good. Thanks, Michael. Any questions on that? If not, we can move on to the hacktree HOA discussion this morning. I have to say, Casey, I think receiving 40 emails in about 30 minutes has got to be a record for me.

00:27:57,870	So that was, that was pretty amazing. A lot of information being exchanged back and forth, so that’s good, good. And what we’ve done in the office, uh, we did send an email out to the, uh, Mr.

00:28:13,000	Brown and told him, I said, you know, it’s going to take a while to go through some of this stuff and ascertain the the history and chronology and put pieces together, uh, but we had admin staff basically review these out, scan them, and print them out so that. All we’re looking at are the ones that we need to, cause sometimes there’s email strings. And you get 6 or 7 emails in all reality, only one matters.

00:28:32,230	So we’re having, you know, admin look at that and dissect it a little bit and then we’ll create a, a scan drawing or a scanned file that has all that stuff in it and then we’ll do the review and, and go through it, um. Um Mr. Chair, you and I talked about some of the issues out there.

00:28:47,700	Um, I think the key thing is, and we talked about this briefly, I think at the last meeting is to define the chronology and the history of what went on, and In essence, set up the documentation of where the obligations lie as we see them, whether or not the district has.

00:29:10,070	jurisdictional authority or wants to exercise jurisdictional authority is a question David and I need to look at. And bottom line on that yeah. Makepe this morning at all, this topic? Good morning. Good morning, Chair, good managers. I’m Brad Brown. I’m the HOA um president out at Hocktree would have been now for about 2 years. Prior to that, I was the, uh, vice president for 3 years.

00:29:32,100	I’ve lived out there since 2019 when we built our house on Clubhouse Drive, um, and just to give a, a brief history about that area, um. In my unprofessional opinion, I just, I think there’s a design flaw with the drainage in that area, uh, behind my house, um, there should have been a culvert,

00:29:52,670	possibly put in there or maybe the ditch design different so it would run to the east and go to the culvert that it’s supposed to and then uh cross clubhouse and drain into the, um, driving range, um.

00:30:13,800	What we’ve tried to make happen is a culvert put right on Clubhouse, drive rate just after the curve there so that it would drain onto the uh. Uh, the driving range, but we haven’t been able to get permission to do that, uh, you know, cause you got to cut a road, you have to repair a road, um, or street, and then, uh, to get permission for it to drain onto A shorter route onto

00:30:31,330	the driving range versus the long way around is, is a little bit different, but, uh, we finally purchased a pump. This spring, because it, it backs way up and, and there’s probably about 6 to 7 homes that could possibly, um, have some flooding, should it not get, it won’t go high enough to

00:30:49,830	go over the road, but it gets pretty high before, it has to get pretty deep before it’ll go to the culvert heading east. On Was’ lot there, so. Um We, we’ve pumped it several times, uh, due to spring runoff and uh like I said, this spring we finally purchased a pump so we could pump it across Clubhouse

00:31:11,800	Drive, um, What else was I gonna say about that? The spring runoff is the biggest thing, but last, was it last summer we had the 5 inches of rain. Yeah. Some some places got 7, I think we’ve got 5 plus up there, and it filled up pretty full.

00:31:27,770	We didn’t pump it because it went down, uh, within a couple of days, but even this 1 inch rain that we got the other day, there’s water sitting back there, not a lot, but it just pulls back there, not that a culvert would help with one inch rain, but um, We’re just kind of, I filed a complaint about a month ago and

00:31:43,370	that was kind of after we had the incident this spring because it iced over and then there was kids playing on it and it just seemed kind of dangerous.

00:31:58,370	It was most of that was in my backyard and I don’t think I have an issue with it coming into our house because we have, we don’t have a lockout, we have a garden level and so I don’t think it would ever get that high, but, um, I was just concerned about the safety of the kids playing on the ice falling through, and then who’s liable? Is it me or that empty lot? to the, to the east of us.

00:32:15,530	So, uh, that’s about all I wanted to present, I guess we, we’re kind of wanting to know, I, I think some of the comments were mentioned about. What can be done, who’s responsible, and how do we move forward from here and uh as a board, we kind of want to, we’ve been trying to pursue this for several

00:32:32,870	years now and we just thought this year would be a good time to maybe take a closer look at it again. Yeah, yeah. Well, thanks for coming in and, and providing that information.

00:32:46,270	Certainly, as you kind of explained, we have a process we go through and obviously there’s a lot of information and a lot of history, you know, we’ve been talking with Ky kind of, you know, what, what he knows from that that all of that location would.

00:32:58,700	The county’s been involved with and a lot of, you know, a lot of emails and we’ll kind of go through those and kind of see if we can determine what may have occurred, but at the end of the day, obviously you guys are looking for a solution, right? You’re looking for some way to. My one question would be, is this, is there a lot there that can be Purchased where this location’s at, or is that the plan to sell in there a lot in there? Is there.

00:33:14,130	There’s a lot for sale right there. Um-hum. Uh, Cam Knutson has his sign on there. OK. And, um, I’m sure he could have sold it 100 times over. Yeah. If it wasn’t for, The drainage issue. He has brought in several Dump truck loads of film. Oh, he has. OK.

00:33:32,730	And, um, that’s concerning as well. Yeah. Because it just causes more. Pushes it somewhere else. More backup. Yeah. The further up it goes. The other thing I wanted to add is we were like the 4th house on Clubhouse, and since then, I think there’s only 2 lots now left on Clubhouse, so it’s all filled in with housing.

00:33:49,830	Uh, which is made, you know, water runoff from houses and backyards much quicker, much faster and, uh, without the tall grass and all that that was out there when we First walked a lot before we broke ground. OK.

00:34:09,000	Well, certainly, yeah, so thank you and we’ll, like I said, hope you have some patience with us as we work kind of through, you know, our, the information that’s been provided to us and what we’re dealing with here was a, was an original natural water course that kind of went through there and now we have, you know, this man-made, you know, structures that are, that are impacting that flow and just trying to

00:34:24,000	look at the storm water plan and versus what was designed and implemented as far as the roadway and the ditches and the culverts and of course the lots themselves, the kind of things that have been done, so we’ll take a look at all that and certainly follow up with you, Brad, directly if we have

00:34:36,470	questions, Michael, is that kind of the. Yeah, from that standpoint, Brad appreciate the background information. I think we talked on the phone once and then I got the information from Casey as well. Um, it appears as though a number of people have evaluated potential solutions.

00:34:54,030	And none of them have been acceptable to all parties or, you know, actually implementable when I answer it that way. So, and that’s gonna take a little bit to go through and define what those are because I think it’s uh important to uh document that they’ve been talked about, you know, alternative 1234, etc.

00:35:12,070	down the road, um, the other aspect of it is is compliance with the uh stormwater management plan that’s out there, um, are there deficiencies in that plan potentially. There may or may not be. Obviously the lot that’s there. is a flow through path for the drainage, and yet there, I understand there’s no easement on that lot, which raises questions if somebody’s gonna fill that lot.

00:35:31,430	Should they be providing an easement to offset that? Does that lot end up being potentially for storage for, you know, flow control. I mean, those are all elements that, you know, we want to investigate and kind of put our, you know, finger on the pulse, so to speak, before we say here, go ahead and do

00:35:45,230	this and all of a sudden you create something else. So, um, as I go through this, if I end up with specific questions, I’m sure you’re open for a conversation to visit with those because, you know, you know the history, Casey knows the history, and sometimes it’s nice to get, if you wanna call it, not necessarily two

00:36:00,430	different sides, but two sides and listen to where they, um, where the things can come together. Sounds good. And I can leave you a card before I leave, that would be fine.

00:36:18,270	Just one last comment, um, in, in that very area is the, uh, we’ve been working pretty closely with South Central Water because they have our sewer. But we have a, the septic sewer, uh, drain back there too that’s sealed off.

00:36:32,770	We’ve had it raised oh, I don’t know, a good 1 ft, foot and a half, uh, from when we moved out there because it would flood over all the time and then we’re getting all this fresh water into our sewer system that just was wreaking havoc with that, so we raised that, sealed it, um, they say it’s good to go, we just don’t like taking that chance because of the our our system now and, and there’s been so much construction out there and so many more new homes and RHOA along with two other HOAs,

00:36:49,770	Meadows and the Twin Homes HA, we all use the same sewage system. So we don’t want to overwhelm that with the fresh water, if we could, if we can help. Right. OK. Well, thanks, Brad. Thank you. Yep, thank you for your time. OK.

00:37:11,670	Any other questions regarding that this morning? Now we can move on to item D this morning, my cook. Mike, you get some updates. Yeah, here’s, I had a conversation with Mister Cook, and obviously he’s, he’s upset because nothing’s happening. Um, the memorandum that we prepared kind of documented why nothing’s happening.

00:37:33,100	Um, I did provide him an update of that um in, in the conversation uh was somewhat suggested that if he wanted to, he could take that to legal counsel so they could take a look at what the scenario is out there and advise him as to whether or not there was anything um. He had the opportunity to do on that site.

00:37:49,470	Um After visiting with a couple of others, I, I thought about this and the one option that’s out there that uh viability is a big question, and it’s in the in the memorandum as well is to create a special assessment district to build the project out there now in doing so, I thought, well.

00:38:08,330	Since that’s out there, what might that look like? So what I did is I had staff put together a breakdown and said of that watershed, how much of it is Mr. Cook’s, which is Ag land undeveloped. Um, and how much of it is, if you want to call it industrial property.

00:38:28,000	And these are just rough numbers because there’s some variables that play into this that about 21 acres is his property. Within that watershed, not ownership, just within that watershed. And then there’s about 40 acres of Uh, contributing developed area within the um assessment district. Now, not all of those lots are fully developed or fully utilized.

00:38:53,270	So have they been converted to uh impervious surfaces, not entirely, but if you create an assessment district, you look at the standpoint from benefit standpoint, if in fact they can develop it. That’s going to change the amount of runoff that’s generated from that property. So in that vein, if you were to have an assessment district out here.

00:39:10,230	Um, you got two parties if you want to look at it from a general context. You have Mr. Cook who’s responsible for his own water, and then you have the industrial park, which is responsible for their water in order to have a project that would work, you have to have the people in the industrial park actually sign up and agree to be assessed X number of

00:39:28,470	dollars. To put the project in place um to get the 50% at least to get to 50% correct. So in that context, I did visit with Mr. Cook and I said, you know, if you’ve got enough of those people to step forward.

00:39:45,330	And want to help assist the process of petition, if you will, to, to carry it, that’s an option. Uh, the secondary option would be for the water resourceur district to say, hey, Very rudimentary again. Here’s the cost of the project.

00:40:03,630	Here’s how it potentially could be distributed, which means you, if you have a, an industrial lot, here’s about what you assessment’s going to be for that lot. And then have an informational meeting to explain the issue to the public in this watershed, you know, sending them in, you know, individual notices and then just see where they’re at. You still may end up with a lot of them going, ain’t happening because my water goes down there, I don’t care.

00:40:21,130	It was all permitted, it was all approved by the city. Why would I bother? That’s, that’s a possibility, but if in fact there were enough people out there that said, yeah, I understand this scenario, I guess I’m willing to pay 10 number of dollars.

00:40:35,800	To over the 50% to get that carried for, but that’s the only solution that I see that has potential out here other than and I’ve suggested this to Mr. Cook as well that, you know, he just pay the full tab and get it built. Or or go the legal route and of course the legal route there’s a couple of things, Steve and I.

00:40:53,070	Visited over the years, um, he has to prove damages well. OK, good luck sometimes on doing that, uh, and quite honestly, the damages may be. Less Then the cost for him to pay and build the project, so and what would the project entail? Well, basically, we’re looking at a drainage path along the um longur Avenue and then crossing

00:41:18,370	the road 48, yeah, excuse me, 48th Avenue, and then it would cross the road and go down Siy Drive. So it’s there. I mean, it’s feasible project. It’s just giving it an outlet, um. So, you know, it can be done. The thing is, is has a cost. And Mr.

00:41:34,230	Cook for his 20 some acres is probably not willing to spend. I think it was close to 100,000, wasn’t it? Mhm To, to do that. Now, I do not know, um, and I just background information, Dennis isn’t here, but he could allude to this.

00:41:54,730	The Department of Water Resources is now in the process of evaluating whether or not they can cost share on. Um Storm shore projects. They have not in the past. That’s been a no no for cost share. Um, how this might play in the cost share possibility down the road is an unknown. But I tossed that out because that conversation isn’t, is occurring.

00:42:16,700	So, um, with consensus of the board, we’ll kind of step through this a little bit further and um. Look at what that option means for that the special assessment district, and then if you’re interested of having an informational hearing, you could. Whether you do or not is it’s not, I’m not looking for a decision, but um.

00:42:35,100	I think you need to know more information to say what do you step forward and even look at that. Right. I agree. And it’s not going to take a lot to get there because like I said, this was only a couple of hours and I had the information in hand.

00:42:52,830	What’s the consensus? the board Me to me it’s it’s, it’s a, I, I, I feel, you know, kind of bad for Mike and the situation that he’s, he’s in and, and certainly this could be a way to. possibly get to an end result for him. So I, I, I don’t have an issue of Kevin Michael look into this a little bit and just communicate with. Mr.

00:43:09,330	Cook on what options you might have and, and uh see where this in my head, but. I would agree. I would agree. Yeah. Nobody else. Absolutely. OK. OK. Yeah. In case you got anything you want. And on this one you don’t have to, I’m just curious dollars would be nice. Sorry, just kidding. Good luck on that. Horning.

00:43:36,070	Oh, that’s right, uh, Casey was probably kind of higher department there’s a lot of past history in this part, a lot of the metro industrial Park. They all submitted site plans through the city process and they’re all approved and they all obtained waivers to have half of CFS more 1 CFS more for each individual site, and they were

00:44:00,000	all approved and we’ve seen, as the highway department, it was starting to impact downstream and so new site plants have come in, you said you, you can’t, there’s no waivers going on, but it doesn’t alleviate the issue. It was some, oh man, it had been 10 years now.

00:44:21,470	We, we talked with Randy and and Mike and uh we had some money in our program to help at that time and we, well, if you give us drainage easements, we can install this and we’ll, we figured it all out and we’ll do that.

00:44:42,800	Um, we were unable to come to an agreement on drainage easements and we’re, we’ll, I have a lot of drainage issues throughout the county. I just, I have to go to the next one. I can’t just stay in our. budget, we have no money to help at this point. We’re, we’re not saying something doesn’t need to be done.

00:44:58,370	We’ve talked with a lot of the owners of Metro Industrial Park, cause there’s been a lot of drainage problems in there. We had to regrade the ditches out. almost completely 8 years ago just to get it to drain downstream.

00:45:16,470	Through there and it is, you have almost 700 ft, that’s almost flat in there and it was, we can’t really get it to drain, but we can get it to at least get to the ditch, and it’ll, if you get a 3-inch rain, it’ll want to go downstream. Anything else is just gonna sit in the ditch. And a lot of those owners, we’ve asked them, hey, would you be willing to participate. They’ve been, I went through the process. I’ve been approved.

00:45:34,530	I’m not paying more money on that doesn’t mean they won’t reconsider, it’s been years since we. It’s probably been 67 years since we talked to him on that. But we’ve never seen an appetite for. The landowners in Metro industrial part to want to do more than that, especially after all the ditches got regraded out, they were, it’s.

00:45:58,600	They slowly set in so we know we’re gonna, it’ll be a constant maintenance issue, but, yeah. OK. Yeah. Thank you, Casey. Sure. Any questions for Casey? OK, thank you. Yep. All right, I think there was consensus from the board here to have uh Michael and Houston kind of look into. Uh, some other options for Mr.

00:46:19,930	Cook and then Michael, you’ll, you’ll circle back with him and had a discussion. OK, thank you. OK. We can move on then to the next item, the uh Chase Dewittz to permit application. OK, this is uh it’s in your packet on page 17, by the way, the the entire.

00:46:46,100	Application Um A rather unique scenario for the water resourceur district. The water Resource District, Burley County has only or dealt with one drainage permit. Or one tile drainage permit, excuse me, um, in the long history of areas and that one was the Hay Creek Pines, which was your own permit, in essence, um, and that at that point in time, the process was laid out, um, your

00:47:08,170	policy was set up. Uh, since then, there’s probably been a number of legislative revisions to that have occurred. Dave and I need to visit about those, um, the important one as it sets several points with this particular application. Uh, one, the owner was notified.

00:47:32,000	Um Ellingson is doing the Tile work for them for the owner and the owner was notified pursuant to water resource district policy that they have to have a $500 fee. That needs to be submitted, so the review or the processing of the application under policy would be that in 3 days after, um, it’s submitted, or compliant as I would call it.

00:47:53,870	In other words, 3 days after we get the check in hand, uh, we will look at a compliance to see whether the permit is complete and all information is contained within its necessary for processing. Um Drain tile permits typically statewide have been set up to where as long as you’re discharging into a natural water course.

00:48:17,930	uh, there’s a notification requirement of um all the landowners along the downstream. Receiving water body tributary of 1 mile. K, uh, that being said, that process of notifying those landowners is the district’s obligation as part of the process. So there’s a standard letter that gets prepared and is sent out to these owners.

00:48:41,470	The applicant has provided the ownership, um, tax records, if you will, so we know who those property owners are who will receive the the letters, um, I need to visit or want to visit with Dave regarding that 1 mile limitation, uh, because this particular application. involves, you know, 320 acres, so it’s fairly sizable drain tile system, um.

00:49:03,930	I don’t begrudge the owner for the reason for doing it, looking at the property from an aerial perspective, um, however, it discharges into a natural tributary, a natural stream that goes into a um closed basin. Interestingly enough, and I’ll just put this on the table, the Only a small portion of that closed basin involves a landowner that is will be notified based on what the applicant has provided.

00:49:31,100	There is another 36 or excuse me, 640 acre parcel that’s immediately downstream to where this water discharges. And that owner’s not being notified. Now, I don’t know that we can as a board actually notify that person, that’s a question and I’ll have to go through, um, but from that process, understand this is the way I

00:49:51,330	understand it to works and I, I’ve talked to our people in Fargo who obviously in the Red River Valley do more of this stuff than we do out here, um, a lot of what happens in the Valley the notifications go out and the boards, because they’re not given any statutory authority basically or you know,

00:50:07,430	signing off on the permits. The obligation for impacts, uh, you know, under standard drainage permit, the district could say, hey, we’re looking at downstream impacts. Are they going to occur? We can condition the permit accordingly. In this case, the landowners who received notice have 30 days.

00:50:28,230	To get somebody on board to evaluate the potential adverse impacts to their property. And then notify the board of those impacts. Now I’m not sure how that processing goes from there, but, uh, that is a very short window of time, quite honestly, to get an engineer on board to take a look at some of this stuff.

00:50:44,730	So from a processing standpoint, let me go back to the beginning, as soon as the Jack arrives. We will receive notice from Wendy. We will do the 3 day review of the completeness of that application, though I think we can probably start preparing the letters for notice to send out so we don’t end up in one of those that, you know, all of

00:51:00,870	a sudden, oh, by the way, we should have done that a week ago, um, because their time is limited to respond. So we will get those out as quickly as possible, then we’ll come back to this board next month and explain uh where those details are at, but um I guess from that perspective of notice, um,

00:51:17,970	we will be in contact with Dave and then obviously um Kathleen on the standpoint of the drainage site as to the notifications to make sure that that’s done, uh, appropriately according to statute. OK, thanks Complicated enough. Yeah. Uh, Mr. Chair, I just make a comment to, to reinforce what what Mike has said.

00:51:39,670	I’ve had some experience with this downstream notice of 1 mile and, uh, back east, these are more problematic and I think we’ll have to look closely at this drainage and the board’s responsibility for notice requirements, um, it’s, it’s, um, it, it, it’s more difficult than it appears on its face. Well, I’ve, I’ve got one question for you, David.

00:52:02,700	I realized what the law says, but Are we obstructing anything. Legally, if we take it upon ourselves just to notify, let’s say everybody within a half a mile and a half or Set a specific area so that these people are at least aware. That this is taking place. No, I don’t think so.

00:52:30,930	I don’t think there’s a downside to doing that, um, that, uh, a notice is a practical matter, I think does need to go to those land, those downstream landowner people because they, the water that comes down is like, uh, alluded to, um, can create more problems for downstream landowners in excess of that 1 mile.

00:52:50,170	So when you have a natural water course, for example, you’re expanding that water, that surface area going down, uh, that’s going to affect other landowners, and if you say only 1 mile, that may not be realistic.

00:53:06,400	istic So I think if we can look at this on the front end, we can have a better answer for your question and make sure that those individuals who are who need to be notified don’t need to jump into it at the tail end and say now we’ve got to get our own evaluation to see how this is going to impact me. So that notice, I think is important to do it probably more than 1 mile.

00:53:21,670	We just need to figure out how we do that. My, my thought process on that is Kathleen, it’s, it’s very, um, This whole drain tile thing, I, I’ve never been comfortable with how it’s been designed and developed from a legislative process, but there are limitations as to the board’s.

00:53:41,470	authorities, so it may say 1 mile, and I do have a call in to Aaron Cran’s help at the state to say whether, you know, whether there’s an opportunity to do more than that, but if statutorily, that’s all you can do, then we’re limited to that if we see something that is important, that’s the question for Erin,

00:54:00,700	um, can we notify one more owner because we think it’s necessary. I wanna make sure that we are. On the right page standpoint from the. No, and I, I totally agree with you. It’s just I’ve been in situations in my life where I was not notified. Right. And then all of a sudden I’ve got an issue.

00:54:19,400	Um, And it seems to me. We as a board should be concerned about the entire public area landowners. Versus a smile, that’s why I brought up the issue because it, it, because this, if it were just a downstream channel.

00:54:44,700	I wouldn’t be overly concerned because, but because it’s a closed basin, which is my question for Aaron, and you know we’ll reconnect. I, I just left him a voice message last night, so. So you’re gonna update us on that. OK, I’ll I’ll work with you and on the. Processing along with Dave to make sure that everything’s done.

00:55:07,600	According I, uh, so the uh decision whether to approve or deny the permit rest with the district. We’re, we’re not just giving comment. Uh, in essence, the, um, Roger, the way this sets, uh, the district, as I read it and Dave and I’ll have to go through this again. Uh, the district is obligated to notify the landowners. But in essence, you don’t have authority to deny the permit. Oh.

00:55:28,270	All you’re doing is processing. So the law is written. The law’s written such that favorably toward. Yes, we’re, we’re certifying that the application was complete. Right. And that the steps have been followed. For what, what’s in the first statute Reute notification because you are the notifying entity for the applicant.

00:55:51,130	Are there so is that, uh, this is a towel drain actually, or the draining wetlands. Uh, don’t quite know on that detail. That’s obviously Ellingson who’s doing what they’re doing for the landowner, um, they’ll have to deal with the, the wetland component and the. mitigation and all that other stuff. So I mean it’s subsurface, Roger, so I guess, yeah, you, you know how these things work as well.

00:56:11,500	I see your drain subsurface, you’re gonna be pouring water down from here, so yeah, to Michael’s point, that’s, that’s something that, you know, the landowner and, and Chase and Ellington will have to probably work around and and and deal with. Um Yeah, great questions.

00:56:28,530	And then I, I just want to make sure, you know, you know, you don’t have your computer, Kathleen, and you could certainly look at this print but making sure the board members understand kind of as Michael was walking through, if you look on page 21 of your packet, you see the aerial there, and you see those quarter sections in red. When you see that blue line.

00:56:43,970	where it starts there is the outlet point that that Ellenstein is calling out on their design, and if you go 1 mile from that point, you get up to that bigger slough up there in that northeast corner of section or southeast corridor section 28 there with those two of their little circles are at, you see

00:57:01,270	that Chuck? Yep, that’s about where the 1 mile’s at. And it’s one river mile. 11 watercourse mile, yeah yep. And then, but as we’re getting to, as you can see that slew is then connected to the larger slough to the southeast, which then gets into that other section there below section 27.

00:57:20,800	And is, is there a that that’s kind of what we’re discussing. Is there a, a, a need here to. You know, and the closed base and you’re referring to is a larger wetland. Yes. Up to that where it stops as well. That’s all connected. It’s, it’s that one there.

00:57:37,000	Yeah, but it, but it does connect up to that smaller one yeah. And, but this is the, the, the low. There is no overflow. No, no. Well, there is, but at some point. Yeah. It’s got to go up like 10 ft before, yeah, at that point. Yep.

00:57:54,100	I just kind of want to make sure the board understood the information that was being presented in the packet and then, of course, the previous page on page 20. Shows the layout of all the, you know, the drain tile itself, you know, if you see that I saw that. So But yeah, to Michael’s point. Our role in this is just to make sure that the application and process is being followed.

00:58:14,300	Le Yep. And I have a couple of questions though sorry, Kathleen. One is, have we received the $500? We have not yet. And have we notified? I assume Chase that we have not received that $500 yet and our clock is not. He, he was notified that he needed to submit it.

00:58:34,200	He asked if he could do it by credit card. He obviously he can’t, so he was told, you know, contacted Wendy relative to um submitting payments, so he’s well aware that the payment needs to take place. Also the fact that, uh, the review wouldn’t continue until the funds have been received.

00:58:51,600	So, yeah, when, when, as you know, this is a short time frame, so as soon as that check is handed, then try to let myself or Michael know and. We can kind of start moving into the next steps, OK? My next question is maybe something to look into with Michael and Dave is so Chase is not the landowner that the project is getting built on.

00:59:08,170	I, I haven’t read into the Yeah, Chase is actually Jaowitz is the landowner on the 320 acres where the drain tileel systems being placed, that’s it’s not what Travis found out regarding some of the.

00:59:25,500	Yeah, there was some landowners and there’s there’s a little piece by where the grain bins are at in the corner. But the rest of the acreages unless it’s unless it’s been transferred recently. OK. I’ll let Travis address that because something I wasn’t quite aware of.

00:59:42,370	Yeah, I just looked on the county GIS parcel uh map and the landowner that I have written on that sheet that I handed you is what, what is showing right now, but there, it’s possible that he may have recently purchased the land in that county records hasn’t been updated yet on the GIS website showing the land ownership parcels or the taxes.

00:59:57,800	My only question was, does the applicant have to be the landowner where the product’s going, or can somebody else would need to be the agent of the landowner. So in the in the completeness and I don’t know the relationship there he may be an agent or a relative or or some some have some uh or even a renter or something like that, but um, I’ll just, I just wrote down what the, the current

01:00:14,030	ownership shows on the tax records. Perfect. Right, so from that point, Casey and I were talking about, uh, some culvert locations and others that goes into our three-day review and say, hey, your application is incomplete because we need, um, Verification of ownership.

01:00:31,630	We want additional information on culverts, those are the type of things we can certainly ask for in the application, and that again. Lays the process out, as I understand it, to where until that information is provided and complete, we do not have to mail notice. OK. OK.

01:00:50,230	But I think what we’ll do is we’ll, because of the letters that we have in the drafts, we’ll prefer those notice letters so that as soon as it, it is complete, we can pull the trigger and mail those.

01:01:07,730	Um, the one thing that I would do, and I know Dave is probably contacted uh Sean Fredericks in the Valley that the policy that we have or the district has at this point, um, because of the changes in the legislative process and the century ago may need to be revised slightly. And I think that’s a process.

01:01:25,270	It’s in place now, so you’re dealing with what’s in place, uh, but you still have to have compliance, so we may need to make some modifications to that policy during this process based on based on changes that are out there. I would suspect it’s fairly straightforward. I don’t think there’s any major ones, but again, um, it’s prudent to make those revisions because we have to follow a statute regardless as to what your policy says. Yep. Very good.

01:01:44,170	I imagine that one of the statues were written, they never considered tile drains emptying into a closed space. Yeah. There’s no such thing as a closed basin in the Red River Valley. And so That’s a good point, Roger. Yeah, it talks about a natural watercourse or a slough.

01:02:06,000	Right or an existing, uh, that’s basically just a drain or something, and that’s one thing about the assessment drains and the valet especially, you’ve got a lot of them that goes into assessment drain or in other words, you can discharge it into assessment drain without notice because you’re a landowner, you’re in the assessment as well. There’s so there’s some things that play in the valley, but yeah, the, the drain title law, I’ll just be honest with you, um.

01:02:22,470	It was driven by a number of people who just wanted the ability to get their projects permitted and their interest in protecting the downstream landowner was really not there, let’s be honest about it. I hate to say that publicly, but it’s true. Uh, so from that perspective, um, we follow the process. It’s established.

01:02:41,670	Yeah, I can’t imagine, I mean. Whoever is the owner of the, the larger wetlands down here, maybe they’ll see, More water into those wetlands is a, is a benefit or maybe they won’t, but, uh, Kind of depends on your perspective, but it’s Some point You would think the law would offer some protection. Yes.

01:03:04,400	To her, at least building a comment and it sounds like Irregardless of whether or not Um There’s a Damage or benefit. It’s not like the law cares. No. Be honest with you.

01:03:29,200	No, obviously, from that perspective, if the downstream landowner determines that there’s adverse impacts that, then there’s a process for them they can file a complaint and they can go to whatever, but it’s, it’s in a different process and not in the hands of the board. As I understand it. Yeah, Mr.

01:03:47,900	Chair, I, Roger makes a good point here too that it’s, it’s um some of the litigation has ensued where are those downstream landowners did not have notification, did not know about it, and all of a sudden receives all of this water. So are they damaged? Well, they have to prove that, but let’s say they are, well, but then you go back to these notice requirements initially and when the project began, to what extent was there responsibility to notify people who have been affected regardless of whether

01:04:06,100	it’s 1 mile. Second thing that I’m, I’m interested in that we’ll look at these legislative changes, but this um procedure is another example of the water board having a little bit of responsibility but not knowing what they’re supposed to do or is the board sergeant Schultz, I’m just following orders, uh, for example, the, the board has

01:04:25,970	to look to see whether there’s a project designed. Well, is there any interpretation of that project design is the water board responsible in any way for for saying What kind of a design it is.

01:04:43,930	I don’t think so, but I think the board will need to clarify that to say if all we’re doing is rubber stamping, here’s the 500. It says Pro design, we’re done. That’s one thing. If the board has to expend monies to the district engineer to interpret that project design, that’s something else again. And I don’t think the board needs to do that, but we need, I think, to be clear on what that, what that is going to entail.

01:05:04,270	Correct me if I’m wrong, but the application really isn’t complete. Not the $500. Yeah. Yeah, that’s, that’s, that’s basically at this point, the next step, and then we, then we would have a 3 day window to review the application for it’s, it’s completeness.

01:05:26,230	And I would say based on the other conversations we’re having, um, even though we’ve got that 3 day window, it’s not like we haven’t looked at it to say, hey, there’s probably some additional information we’d like to have. Um, so we’ll be going through that and then within that 3 days we’ll actually notify them and say, hey, the following information we would like provided.

01:05:45,400	So there’s a state engineer’s office have any sort of oversight on these? No. Ouch. They typically. The application is actually from their office. I’m gonna go back and and double check with Erin, but I think all they’re doing is recording them.

01:06:10,470	Yeah, it says on here, the water resource district will review this application and notify the applicant of incomplete information within 3 business days after the application is received, goodness. So if you get it on a Friday, you got to, You’re gonna do it on business days though. Yeah, that’s good. All right. Yeah. OK. Any other questions? I think we should put a hold on this thing. I don’t know if you can, Kathleen.

01:06:31,400	All we can do as soon as we get that $500 then follow this with the statutes require as our district to do. And that’s something that Michael and Dave can look into to see if there’s been changes since the 21, 23, 25 legislative sessions, the notice, I think the notice requirement’s pretty straightforward, as is the, uh,

01:06:52,070	Processing and you are a processor of the permit. Oh yeah, I got that. Yeah OK. More to come. Thank you. Yeah. OK. Any other updates, Kathleen, on any of your drainage permits or complaints? Um, no. In fact, things have been kind of quiet. Let’s keep them that way. Yeah, right. OK, very good.

01:07:17,300	OK, we can move on to item 9 this morning, projects, um, I don’t know any updates regarding Hogue Island, like what, um, I did get just some Travis, and you’re aware it had been communicating with one of the landowners out there regarding kind of the finished product.

01:07:36,330	And kind of wondering if, you know, I think you guys had sent somebody else out there. Um, so maybe that’s something we can take offline and and visit some, I need to finish the letter to Homs. We talked about that at the last meeting. I just realized that I have not written that yet.

01:07:51,870	I put the summary together in an email to you basically move that over into a letter format and freshen it up a little bit and I’ll get that sent out to them. OK. OK. I might, I might take a visit out there myself, but just as a background information um in the research I did visit with Travis relative to what happened on that particular property, uh,

01:08:07,030	Dave Bowman was in the office, the contractor, so I visited directly with him relative to that property, uh, not that it’s necessary, but the, the two stories corroborate one another, so I’m very comfortable with the. response to them. That’s kind of what I mentioned to them as well. OK. Thank you, Michael.

01:08:25,000	OK, we can move on to uh Apple Creek, Hu Mary Slide. OK, a couple things on that. The HMGP grant uh application has been approved. Uh, I received an email.

01:08:47,400	From the state, there are 2 agreements I want to send them to Dave for a review, once Dave reviews, um, my recommendation is that the board authorized the Chair to sign those. Upon legal review, so that could be an action item with you today. Uh, the other one is, is that FEMA has a, has a, uh, application process or some additional information that we have to provide to them.

01:09:05,570	In other words, it’s kind of an application online, uh, Travis has requested access to be able to do that. You have to, you know, password and access code or whatever, so he’s requested the access to be able to do that, um, and we’ll get that taken care of as well.

01:09:22,170	Um, the third thing is We’ve been working with Braun and BGC as well as uh bar. Um, very good cooperative communications going on relative to what they did, how they did it, design, what they were thinking about, what their limitations were. I mean, obviously there were a number of engineering firms involved in the process from the beginning to the end, as well as construction, observation, etc.

01:09:41,270	so we’ve had a very good working relationship thus far, um, so we are now in the process now with a grant approved, we’ve finished that out and then we can actually start doing field work.

01:10:01,700	Uh, I do understand that, um, Bars communicating with Weiss, who was a contractor to finish some of the things in the field, um, there are some concerns out there, obviously with the heavy rainfall and stuff going into the cracks, which are down by the river and that potentially moving, um, but the documentation it’s out there from the upper bank portion outside of the initial subsidences that that area is stable.

01:10:23,470	There’s nothing indicating right now that it’s moving, um, but there’ll be some additional documentation to, to validate that. So, like I said, it’s, it’s ongoing, uh, very good communications and cooperation on all sides on this one, so we’re we’re happy with that.

01:10:42,130	You said we had some action to take this morning or is that, um, just on the standpoint of the uh applications from the state and for you to sign those. OK. So, in other words, if they, if it’s part of the, the state’s. 10% if you will, um, and I would look to the board that I’m basically giving you the authorization to sign these agreements upon or after legal review. OK.

01:11:05,670	Yeah, so I’ll make that motion, uh, that, uh, care, sign the application agreements, uh, with the condition of uh favorable legal review. OK. uh, manager Smith and seconded by Man Jones to sign the application upon legal review. I don’t think we need a roll call vote here. We can just do a voice vote. All those in favor say aye, opposed.

01:11:25,930	I have it, motion passes. To sign that, OK. Thank you. Any questions for Michael regarding the You Mary slide. I was curious just Casey is the county continuing to monitor that location a little bit? Are they sending their drones up and. Sorry to get you back up here again. No, it’s fine.

01:11:49,030	Uh, they just flew it yesterday. And OK. And just sent, uh, the updated link for River Road and for Apple Creek down there. And then are they, are you guys monitoring some of the other slides, I think there’s like 3 kind of areas that are kind of in question. There’s another downstream, not, it’s not nearly as bad.

01:12:08,370	There’s one upstream. Yeah. That’s probably worse, but it’s a lot further away from where. Any residents are, so. Yeah. We, we don’t do that as often, but it’s more, what’s it look like in the spring? What’s it look like in the fall. OK.

01:12:26,800	And go through there where those two are more active, so dealing with those. OK. Because if that were to Have a catastrophic slide and cut off Apple Creek that would. Provide just as much damage to or less. No, it would not. We actually looked at that area and if that fails, in essence, the water goes over the top of it and it just flushes it out.

01:12:44,470	Where it wouldn’t block anything off and cause the backwater that the downstream one, that’s good to hear. So that’s kind of why when we looked at it, this was the focus area, we didn’t need to look at the other two from an expense standpoint.

01:12:58,070	I agree with Casey, you know, continue to monitor it because it’s, you know, at some point in time something might happen, but it’s, it does need to go to this level. OK. Makes sense. Yeah, we just had another one that’s not a slide but a bank erosion, threatening a road this week, uh, by Minokin up in Minokin Grove, but.

01:13:15,930	We, we’ve already worked through the process in place for Rip rap to. Protected, going through there, but in, in case you guys get calls, it’s we’ve already dealt with it. Yeah. All right, thanks. OK.

01:13:36,730	Uh, that’s it for projects this morning, we can move on to other old business, only item that we have on there is the Burley County CRS, I don’t know, Mitch, if you’ve got me. Updates for us here this morning. I know you guys are. Continuing some things there, but Mr.

01:14:00,400	Chair, members of the board, yeah, the, uh, we’re still continuing with some, um, putting a packet together, uh, we just finished an application for an ISAA agreement with FEMA, that’s the information sharing agreement for for the Rep loss properties. This is sensitive data, so we have to uh make an application they send to it, send it to us the list, and we have to destroy it in 3 years, and so, but it, it gives us a list that we can apply for another credit activity. OK.

01:14:18,400	And so, the, yeah, we’re working along, um, on the rest of those activities. Um, I did talk to the NFIP, the state NFIP Coordinator, and he said, possibly this fall we’ll have a meeting. OK. So that’s about it. OK. How about that, um, obstruction that, that structure that was in Apple Creek, did that ever get resolved? No.

01:14:37,800	Let me, let me touch on that one. Then I do have another one that I forgot to add to the agenda, but it relates to Mitch, um, yeah, we were waiting for some information from Karen Goff. She’s provided some, but she was going to look into the standpoint, can we define who actually. put it in.

01:14:53,700	I mean that that that that was. Oh, the barn. OK. Sorry, I was off on a different topic, so. You’re good. OK. I don’t, Mitch, is there any updates on that? We did serve him papers. The sheriff. Um, have not heard. OK. Because that was potentially going to impact our, our application, right, the CRS, yeah.

01:15:14,000	Yeah, it’s in the floodway. Um-hum. Um, Yeah, so it’s, um, he’s not responding, and I did talk to. Scheider attorney Scheider, he’s, he may be representing him. Apple Creek did, a township.

01:15:37,330	We talked extensively on this, and I did ask them to go down there and see if they can discuss this with, with the property owner and You know, I located an area where you could move this building out of the flood line. And line them up with a surveyor to create a, um, elevation certificate. The Apple Creek was um going to share in some of these costs actually. Oh. for moving the building, they lined up a mover, um.

01:16:01,530	Yeah, yeah, so we, but He did not respond. No, we did not hear a response from that. So that’s I’ve served I had asked the sheriff to serve in papers. OK. You know there’s gonna be some talks with like FEMA Region E regarding kind of the mapping and whether or not this would impact our yeah we we’ve had that conversation with, uh,

01:16:20,700	Um, Tom Bernie and the issue comes down to when we have the calf. Community action visit that will be a topic at that point, OK, so. He stated if we have any violations. in our Jurisdiction that we cannot qualify for the half, that’d be great. The Sierra application. So that’s this.

01:16:46,900	If we don’t get an answer if they, you know, the owner doesn’t respond, and we will have to take it to court. Some something, some kind of judgment’s gonna have to be reached with this, and um a decision and then a judgment and then action. OK. Thanks, Mitch. Any questions for Mitch. Hang on, Mitch.

01:17:06,070	I’ll go through one thing that I background scenario, um. That didn’t get on the list as far as drainage complaints, and that’s the, uh, Sheep pile we’re in Apple Creek, um, waiting on the Kairre Goff to get some information so we can go further relative to who actually installed that, um, so that’s about as much of an

01:17:23,700	update on that one. The other one, Mitch and I have been emailing back and forth. Uh, there’s a landowner on Hogue Island or the north end of Hogue Island. That is looking at building a swimming pool, um, it’s above the flood plain, the ground’s above the floodplain, um, so it’s not an issue there.

01:17:42,970	However, they’re placing the pool, um. On their lot relatively close to the, you know, Missouri River. So the discussion was, is there an easement up there? Well, when we look through the GIS and the data files, there’s no easement on record. In fact, we do not even have the original one from the landowner.

01:18:00,200	We have the location of it because it’s on the Corres of Engineers platforms. It shows where the boundaries are at, so that being said, since we don’t have that, um, this board would probably have to get involved with uh approving that structure within the easement.

01:18:19,930	Now, the idea being as long as it’s 100 ft back from the top of the bank. Um, complying with the county’s. Ordinance It’s likely OK. However, what I’m trying to do is to go back to the um surveyor and see if they’ll do a title search to actually come up with the physical document because that may be slightly different than what’s out there and as Mitch said, based on that original

01:18:42,130	boundary, there are a lot of houses that would be in that easement. And that’s correct, so I think the Issue here since we don’t have one on record, which is not unusual. I’ve been through Jerry Heiser any number of times to get everything that I can, um.

01:18:58,700	They really should do a tidal search to find that document. And whatever documents attached to it because it’s like an extremely wide area for access to get in and build those structures. Um, so, that’s kind of where that’s at, and I’ll visit with Mitch a little bit more to.

01:19:15,830	Um, and I’ll talk to the surveyor who’s working on that project and say, hey, um, let’s get the title search and get the data, so thanks, Mitch. OK. Good? Yeah, we’re good. OK. All right. Thank you guys. Thanks. OK, we move on to new business unless any other old business this morning, but now we can move on to new business. Um, I, I don’t think we have any updates.

01:19:37,600	Michael regarding the uh the hazard mitigation plan. No, I need to visit with Mary. Yeah, see what she, I think she was gonna have several stakeholder meetings and I don’t know if she’s scheduled those or not. OK. And then regarding the comment policy, I think uh.

01:19:57,870	d Dennis is kind of drafted some language that we can add to our. Our board policy regarding our board meetings. And I don’t know if that. Wendy, did that make it into the packet? Don’t believe it. I don’t believe so. No, not yet. OK. So, it’s something maybe we can.

01:20:18,930	Bring up, we can add that to the packet next month, I think Dennis has kind of been looking at some of those other, you know, water resource district, you know, policies that we’ve had to add it’s just basically a. Uh 2 pages of. You know, policy regarding our meetings and how people address the board and make comments and provide comments Mr.

01:20:38,030	Chair, I’ve attended a number of other meetings and uh both county commissions and water resource districts are talking about what that policy looks like, so everybody’s drafting kind of something on their own, but it all will fit with. How they do business, so. Yeah, there’s some structure around kind of time limits and things of that nature, so.

01:20:56,070	Yeah, I’m sure Ja I’m sure the Burley County is going through the same process. We just, uh, meeting Monday night. We went, we’ve got a preliminary. List of things that we want to put in there and we left it open to our discussion, we’ll attack at the next meeting. OK. Uh, one of the things was time limit. Um-hum.

01:21:15,330	And, uh, everybody’s concerned about that, but, uh, uh, we’ve pretty much left it up to the discretion of the chair, uh, as to how long. Person can can appear and whether they can compare more uh more than once or It’s, it’s kind of complicated, but we’re working on it, we’re gonna address it again on July 7th

01:21:35,600	meeting, I think it is, so. OK. Mr. Chair, I’m sorry, Mr. Chair, I just want to echo what Comm Woodcock says, I think as long as these new policies allow for the discretion of the Chair and the board to extend or modify these um these requirements in the course of any meeting, I

01:21:54,370	think you’re, you’re OK, but I think that discretion has to be maintained with the chair, be able to do that. Yep, I agree, yep. Um, and a couple of things I’ll talk to Dennis about in his resolution for next month. OK.

01:22:12,470	Yeah, there was some language in there, but, you know, people filling out cards and things of that nature, and I think if it was more of a formal hearing, things of that nature we we require that, but for our You know, our monthly board meetings to have somebody had to fill out a card when we have 3 people in the audience seem a little silly.

01:22:26,330	So I, I like that having a language in there that kind of discretion of the board of Chair. Um-hum. Yeah. OK. Very good. More to come. Alright, uh, moving on, uh, we did get notice regarding some training from the North Dakota Water Resource District Association for some staff.

01:22:47,300	And coming up in here in July, so I don’t know when are you thinking of? Attending that. Anybody else on your staff? Have any interest in Joining that as well or? I haven’t asked him yet. OK. I don’t think there’s a cost to it, right? No. It’s all free. I think there might be one other person that won’t.

01:23:02,270	OK, no, I think it’d be great, and, uh, topics include, you know, many, uh, meeting minute requirements, open record requirements, change the public meetings, things of that nature that, you know, we’re passing the 2025 legislative session.

01:23:21,530	Um, that’ll be effective August 1st, so yeah, when do you attend that, that would be fantastic and report back anything you learned, maybe, yeah, great. OK. Moving on to the next item. Um The end, I’m not sure exactly Wendy if this is just kind of noticed from in regarding. Um, some of their coverages. OK.

01:23:48,000	basically some things coming out of the legislative session as well, just kind of giving us notice kind of how they govern and how they. They provide us our policy. That impacts and then kind of future renewals, so. And more informational. OK, and moving on. We do have additional information and some plats. And some requests for a temporary water permits.

01:24:15,300	There’s a couple in your packet there, Central specialties and their materials, pretty standard, pretty straightforward, certainly if you have any questions or concerns or any of that, you can follow up with. myself or Michael. If not, we can move on to approval of this month’s bills. And you packet there on page 40 is a list of the bills for this month.

01:24:33,400	Only thing maybe really to notice there is we did have uh 2 months of Houston engineering. So it’s a little bit larger this month than typical. And uh of course things are starting to heat up again with Bismarckt Parson and back just kind of regarding some of their own projects of that nature, so if you got going out at the park, so.

01:24:51,670	I’ve kind of looked through it. Uh, dentists to provide a report to, he went through it as well, uh, didn’t see any anomalies or anything, so you. Uh Things were in order and ready to move forward with that, so I will make a motion to approve this month’s bills.

01:25:12,430	So moved OK, got a motion by manager Jones? Uh, 2nd. Second by manager Smith to prove as much bills in the amount of $68,000527.32. When you take Rocalbo, please. Andrew Mitchell. Yes. Manager Jones. Yes. Andrew Smith. Yes. Chair Landenberger. Yes, motion passes, bills will be paid. Many items in your packet, there is this additional information and details on this month’s bills.

01:25:39,600	The next meeting again, we’re moving it out a week, so the next meeting will be on Wednesday, July 16th, uh, due to the, the, uh, the state meeting up at. That uh Spirit Lake or Devil’s Lake this this year and check your planning to attend this year? I am, yes. OK.

01:25:56,130	I was planning to attend, but I, I will have family in town this week now, from out of state, so I will not be attending that meeting. Michael, you’ll be there? Yeah, I’ll be in Devil’s Lake and I’m in between gaps, so I’ll work with Travis in case I don’t get back.

01:26:11,200	I’m going to be in Florida for a few days and then I’m leaving for South Dakota, but I will be back for the meeting day. Oh, from the 16th, the 16th. But if, if nothing else. Um, if something comes up, Travis will fill in for me, OK? OK. And, uh, quick, uh, report from Missouri River Joint Board.

01:26:31,930	I have an advisory committee meeting today at 1:30, I think it’s 1:30. I’ll be attending that. And then the summer meeting, uh, for Missouri River Joint Board will be next Thursday on the 26th, and I’ll be attending that. OK. Is that one here in town as well? or is that Be. Good, thanks, Roger.

01:26:53,270	Anybody else attained a summer reading? Yes, no, OK. Mr. Chair, one other thing. Let’s turning expenses by the end of the month. Yes. Thank you, Wendy, for that reminder. So, yeah. I need to talk to. Yep, so you gotta go a couple weeks here to get those turned in, so. OK? Anything else this morning? If not, the further business