00:00:07,470 Go ahead and call the October board meeting of the Burley County Water Resource District to order. Wendy, take a roll call, please. Man I’m Mitchell. Here. Manager right. Here. Manager Jones. Here. Commander Smith. Here. Chair Lenderberger. 00:00:27,900 Here we have a quorum and we will continue with the meeting this morning, move it on to item 2, approval of last month’s meeting minutes. Any changes? to the minutes Move to approve OK Got a motion my manager Jones, and seconded by Man Smith to approve last month’s meeting minutes as presented. All those in favor say aye. All right, aye. 00:00:54,700 pose eyes habit Minutes are approved Moving on to item 3 amendments and approval of the agenda this morning. Anybody have any, I have a couple of changes. Anybody else got any this Morning Editions Under new business, I’d like to add, um, meeting agenda notification. and kind of the communication protocol for us as a board. 00:01:17,070 and then as well as the December board meeting, uh, changing that date to see the date we currently have right now overlaps with the Dakota water users Conference that December, I think it’s 10th. but so we’ll look at, see if we can change that. Mr. 00:01:34,530 Chair, I would just, I would add one little subtopic to that particular item too, so about the water users? Yes. OK. OK. Anything else? I just, just some information from water users Board Me. Go update OK Anything else If not, we can. Move to prove as amended. Second. 00:02:04,470 Can I motion by Manager Smith and the second by Manager Reep to approve the agenda as amended this morning. All those in favor say aye. Aye aye. Aye. Oppose Aye it’s have it Agenda is approved Uh, move on to item 4, comments from members of the public. for items, uh, specific to the Burley K and Water Resource District business that are not on the agenda this morning. 00:02:25,730 OK, not seeing any We can move on to McDowell Dan this morning. Dave, we want to start with you this morning? Good morning Morning. Good morning, uh, Chair Lienberger and Mans. Uh, I guess update at McDowell Dam. Things are going well. Cross country meets abound. Um, we have a lot, I think 16 this year. Yeah. 00:02:55,170 16 cross country meets this year. 16 meets. Yep. Wow, that’s incredible. Um, I hear it’s just a favorite of, yeah. That’s what I’ve heard too, is that it’s one of the most popular locations in the state for high school and college, um, so it’s going well out there for that. 00:03:14,900 Uh, Ve counts for last month are 13,795, and the trail counter, um, has been adjusted, and we have a valid number this time of 1320. So, um good to see that working again. 00:03:37,100 Um, update, we did have to pull all the docks, um, a little bit early, but, uh, staffing wise we’re running kind of running on fumes as far as having David pretty much a one-man show at this point, so he had some staffing and so in anticipation of, of that, they did have to get pulled. maybe a few weeks earlier than normal, um, but nothing out of it too far out of the normal. 00:03:52,270 Um, we get to that point where we got to start buttoning things up for the year. So um, the playground project is about 97% done in that range. 00:04:11,170 They have a little bit of concrete to pour, some backfilling, and um, then we need to do our final inspection, make sure the playground looks good. We, we do, uh, um, our park um, park planner and I, uh, go through everyone every new playground that is done in the Park District and and for the water resource district, and we do what’s called the playground audit. 00:04:31,530 We are both certified CPSI certified playground inspectors. So we go through and we make sure that they everything’s taken care of, meets meets the standards and things like that before we say it’s accepted finally. You have your own TV show. Yeah, no, we don’t need that. We don’t need that. 00:04:46,800 Uh, so, so we do go through that, um, and make sure that everything’s safe, and part of the requirements for the playground installation is that we make sure that the playground installer is a certified installer too, so they know those standards as well and make sure that everything meets that while they’re installing. 00:05:04,370 So we hold the installation to the highest, um, highest standards, so we get a good product when we do do um new playgrounds, but, uh, that should be wrapped up here by the end of this week. Um, and then we’ll, we’ll get that, we’ll get out and try and get the audit as soon as possible because we know people start wanting to use a playground. 00:05:21,370 um, right away. um. I think that’s it as far as the the um property itself. I did pass out a memo to uh the water resource district. 00:05:46,530 um, looking for support, and if you had an opportunity to to read the memo that we sent, um, Dakota West Art Council has, has been a partner of the Park District for many years. We have a concert series with them. They, they hold concerts in Custer Park and down at General Sibley Park, and they’ve been looking to expand that and do something bigger. 00:06:05,730 Um, the, excuse me, applied for what is a what’s called the Levitt Foundation Music Series Grant. And it’s a national grant, and they went into competition with over, I think it was about 100 other or 99 other locations for this grant, um and they’ve made the finalists list. 00:06:23,170 The location that we talked with them about that could hold, had enough room for parking, had enough room for about 1500 people was McDowell ***, and we’re looking between, um, shelters 2 and 3 in that big lawn area next to the next to the bathroom where the new playground just went is is being installed um for this venue, uh, and the grant is for, it’s a 3-year grant. $32,000 each year. 00:06:47,900 to hold in that 3 years, 8 concerts. So the, the money would go towards getting national, you know, regional and nat trying to get regional and national acts in, and, um, you know, would, I think it would cover some of the uh like physical improvements that would be 00:07:06,600 necessary if it was a temporary stage or maybe some temporary electrical upgrades or a generator or things like that too, so it wouldn’t. I don’t think it would, it would cost, you know, what I’m getting at is it wouldn’t cost the water resource district money to get this to happen. 00:07:20,000 Uh, that’s what the grant was for, but they’ve made it to the finalist list and in the memo we’re we’re looking for letters of support to kind of help bolster this this grant application. 00:07:37,730 So if the board sees fit, we would really appreciate your, your endorsement of it or your, your a letter of support for it, but we’re, we’re pretty excited about it, um, to make it that far in this. How many finalists are there? Do you know? I, I think it went from 100 down to somewhere, I, I wanna say 20 or 20 or 30, and I think the final 10 get the grant. 00:07:54,230 Oh, so tenant? Yeah. OK. So you get a 50% chance at this point. Yeah, I think, I think that’s where it’s at right now. OK. Yeah. And you said 8 concerts over the 33, correct. Yeah. OK. Mr. Chair, I moved to approve uh, that we give um Park District and another to attach to their application. OK. 00:08:16,600 I. Yeah, motioned by Man Jones and the second by Manager Smith to actually uh send in a letter of support for this grant for my parcel Reck for the concert series. Any discussion on that? Any other thoughts? Any other questions or concerns? OK. Not hearing any. All those in favor? Say aye. All right. All right. 00:08:39,530 Oppose I abot, motion pence Thank you. Keep that signed and sent over to you. Yeah, it’s, uh, very interesting. I think it’d be another way to, you know, promote the park too and get people out there and see it. 00:08:55,600 I think it’s, I constantly get told that, you know, they, when they people actually get out there and visit the park, they’re, you know, kind of amazed, it might have been 10 years since the last time they were out there, and they get out there and see all the facilities and the shape it’s in and so it really kind of is something that we should 00:09:07,730 continue to promote, so I appreciate all the hard work and everything you guys are doing. Thank you. Yeah. OK. Uh, one, any updates on the insurance stuff? I know there were some Oh, yeah. And good question. Um, we did approve both the um shingle and the metal roof replacement projects, um. 00:09:29,100 better roofing, uh, contract and contracting is the contractor doing the metal roofing and 5 star roofing is doing the shingles. shingle replacement, um, they both should get going here pretty quick. Um, we know that we’ve talked with both of them about coloring and ordering the colors of the shingles and the color of the metal. 00:09:50,000 Uh, so they should be getting materials ordered here pretty quick and hopefully get out there in the next week or so to to start doing that work. OK. 00:10:05,630 One quick question, are these weed with shingles and are they have shingles? They’re asphalt shingles, so it’s replacing the, the, um, so the 4 shelters in the park and then the uh Aero Clubs shelter. They’re all asphalt shingles, so it’s replacing them with asphalt. Yeah. Very good OK. Any other questions for today this morning? OK. Thanks, David. Thank you. OK. All right, we can move on to item A under meal Da there, the supplemental water supply, um. 00:10:30,070 just as an update, the one has, uh, he’s been has been recorded. Uh, the other one we were still kind of in the discussions, um, I did get a phone call, received a phone call back from Mr. Anderson last Monday? Yeah. Yeah. and spoke with him a little bit, um. 00:10:54,530 on the phone, and he, he had some some modifications or changes he was looking after these documents and kind of questioning some things. So we put together the letter that’s in your packet, and that has been been certified mail delivered to him. I believe it’s been delivered now. 00:11:09,170 Yeah, it’s hard to say with the post office, but their tracking system. But if it’s delivered any signs for it, then they’ll record it. If he has not signed for it, he may have received it. I mean, it’s kind of one of those funky things, so we’re not exactly sure, probably gonna have to make a phone call to him and confirm that he actually received it, so. OK. 00:11:24,600 And you can see in the letter, it’s on page 6 in your packet there, the, the, the things he was bringing up, he was wondering about the easement with and if we could reduce that, and I, I talked to him about that, about, you know, the need to have some with just if we ever had to go 00:11:37,870 back in there and make a repair, we don’t have that ability to get back in there and and have enough width to make that repair, then we’re in the negotiation phase of again trying to get an easement and and then uh he was wondering what the duration of the easement as well, the 99 years, and then, um. 00:11:54,370 whether or not the this additional water supply would have any potential impact to his property specifically, and talked to Michael and they, he talked about it and got back to me and said, no, there wouldn’t be any additional impacts there. 00:12:13,630 Then he had just some general provisions that were in those De been documents and he was wondering if he could remove and he, he, over the phone, he wasn’t very specific about it. 00:12:27,530 So, in the letter, we’re saying let’s go ahead and try to set a meeting date within the next 15 days so we can get together and we can walk through those and hopefully answer any other questions you might have and um, hopefully get this thing signed, so. you know, they, anything else? Uh, yeah, Mr. Chair, I think, um, on the agenda there’s a, um, a notice of, um, special meeting. Um-hum. If, if the board wants to do that, we can discuss further what these next steps are. Yep, yep. OK. 00:12:47,270 OK. Thank you, Dave Um, more than that, Michael, anything uh on regarding the grant application. Yeah. As it turns out now, and I don’t remember the exact date, um, the Outdoor Heritage Fund has a November. 00:13:12,330 submental timeline Um, I guess my recommendation, given the status of the easeman is that we would, to the boards to prepare the application and submit it um under the pretense that the easement’s going to be secured, and if for some reason the easement’s not secured, you can let the Aldota Heritage Fund know status, and then if they want to further consider it with that process in place to go ahead and do that, but I believe um 00:13:31,000 that application is that due November 1st. before you gotta get it done. OK. That last week in October. So, the scenario is, uh, we would look to the board for authorization at this meeting to actually submit that grant because it would be submitted prior to your next board meeting, yeah. 00:13:50,800 So moved. Yeah, I think, I don’t know if you even need a motion, probably just consensus to the board. move forward with that. OK. Yeah, it’s a good idea if you’re OK with that, then that we’ll proceed along that line. 00:14:03,170 Travis has already been working on some background information and updating some things so we can do that. So we’re in process and now it’s just a matter of getting online and uh filling out the form as before. OK. So, OK. Thank you. 00:14:23,500 I’ll like the previous one, you need to get down there to just essentially acknowledge it as they, they need to see you as the representative of the owner, make a modification. to the application just so that essentially you’re aware of the content of what’s in there and that you acknowledge and accept the that application report because it’s being done on behalf of the Water Resource District. 00:14:41,100 So, uh, we’ve done that before and I think you probably have acc I think if you remember your account info, you can get in there and and log into it to just go in there and, and separately access it so that we got recognizes that you were in there and then concurred with that application, so OK, right, in essence, Mr. 00:14:59,170 Chair, since he didn’t get recorded on the TV it’s basically the water resource district will have to go in and acknowledge the grant application on the form just to validate that submittal, and we’ve been through that process before, so thank you. Very good Anything else let me de down this morning? No, that’s all. OK? All right, we can move on to financial reports this morning. 00:15:23,070 And Reep and Mr. Chair board members on pages 8 and 9 are the uh balance sheets for the month of September. I’ll go through some of the details and uh we’ll talk a little bit about some changes that have, have, uh, occurred here. So, um, started the month, uh, with $1,912,644. 00:15:48,370 79 in our checking account, we paid bills in the amount of $44,154.88. Income in the amount of $8,776.45 which included real estate tax and state aid. um, a minor amount of special assessments collection and another minor amount of interest. 00:16:14,530 um it does check out, uh, what you see on your balance sheet, um does include a new line item called taxes receivables. Um, if you see that it’s uh $13,208.28 and uh our understanding, Wendy’s understanding is that that is passed uh tax collections that were unable to be collected from previous years back to 2021, 2020. 00:16:37,430 I’m not sure exactly, but um, accountants are asking or their auditors are asking us to include that as a line item, so. um, the numbers add up. Uh, one thing this balance sheet in front of you does not show as the income from the very wealth account, we didn’t get that in time to get that included, but that is slightly north of $8000 for the month of September. 00:16:54,970 so you can add about $8000 on top of that and related to that, uh the money market rate as of October 1st is actually about 1400 of a percentage point lower than it was in the past, so. 00:17:12,070 uh I think we’ll, I think I guess my thought is continue to monitor that and if it continues to move farther south and we start looking at other options, but right now it’s 4.13 and then you take the 0.25 off that for management. It’s 3.88 net, so still good for a for a liquid account obviously, but something to monitor, I would, I would suggest. OK. 00:17:32,870 Um I miss anything, Wendy, that I needed to bring up? Um, one little correction, uh. little couple little things. The taxes receivable is n ’ t necessarily a new thing. We’ve had that on there before. Oh, I bet. Um, below the fixed acids, you’ll see two accounts under other assets. certified special assessments and uncertified special assessments. 00:17:56,900 These are the two accounts that the auditors have asked us to add. and this is everything we have certified. over the next few years to collect for special assessments. So the certified portion is what we’ll collect in the next year. 00:18:25,730 The uncertified is everything else OK So, for example, the Hog Island one we just had in place last year OK. Everything that we, uh, that is for 2024 is in certified. Everything else is in uncertified. OK OK, so she just, go ahead. I’m sorry. No, no. When we do receive the funds, they’ll go into these accounts instead of into income. Perfect. Makes sense. Yeah. 00:18:50,730 We, we’ve, we’ve talked about this before during our, from our budget meetings about maybe. separate Doctors, so this is good. OK. So yeah, thanks for that clarification, Wendy. I appreciate it. um, With that, I’d move approval as the of the balance sheet is presented. um OK. 00:19:09,470 Second, a motion by manager Ja Reepen and seconded by Manager Jones to approve this month’s balance sheet. Any discussion questions. uh hearing or seeing any? When do you take Rocal vote on that motion, please. Manager Mitel. Yes. And. Yes. Manager Joneson. Yes. Manager Smith. Yes. Chair Landenberger. Yes, motion passes. 00:19:34,600 Chair, similarly, the profit and loss statement on pages 10 and 11 of your um uh agenda book, uh, gone through those briefly, I believe they’re to be correct, so I’d move approval as presented. Second, excuse me, Chair Landenberger. One note on those. I have not had time to go through and move the assessments from 25. 00:19:56,470 those need to be moved to those receivable accounts so the income will drop. OK, that makes sense, yeah. OK. That’ll be on next month. Yeah. Yeah. Yeah. OK. Go to motion by manager Reep and and seconded by Man Jones to approve this month’s profit and loss statement. Any comments, questions, discussion on that? Tod what Wendy brought up OK, not hearing any. 00:20:19,470 When do you take roll call vote, please? And Mitel. Yes. And Reep. Yes. Andrew Jones. Yes. Andrew Smith. Yes. Chairmanmanner her. Yes, motion passes. Yeah, we did that the 2026 budget in there d Denis and the updates on that or? Comm? No, no changes, so we’re basically status quo from this year to next year, so, OK. Good. Roughly. 00:20:45,530 Yeah, very good. OK. That’s it for financial reports. We can move on to item 7 this morning, drainage permits, and complaints. River Road, I think we’re just waiting again for Dry out a little bit and. Um-hum. Yeah. Um-hum. Uh, keelboat Park, like anything update there. Update on that one. 00:21:11,330 I did have another conversation with the, um, and it goes back to I think it’s on here, um, Dave Chaer’s issue, but I did visit with the DWR relative to, uh, that particular area and the easements that we found and the lack of information that we found, um, bottom line is we’ve had a conversation, uh, or communication with Jen 00:21:30,530 Verhlinger, who’s the knee, a new council, and, uh, we visited briefly online on a teams meeting and, uh, I will be providing that memo to her. That was kind of the request that the memorandum because it’s a request from them would go to them and then it would be copied to the board. 00:21:46,970 So I’ll go through that process and it basically it’s providing the background relative to the operation or. the operation and maintenance of the bank stabilization facilities along that park. They’re currently providing an adequate easement in their new platforms development, but the O&M requirements are still undetermined. OK. So they’ll want legal review of that. 00:22:08,270 Is that memo coming from Houston or is that. Well, it’ll actually come from us to you, but the, the state wants a copy of it, which obviously they will get one. That makes sense. Yeah. 00:22:21,730 And then along with, uh, General was happy that we were going to provide all the documentation that we’ve found that goes with that, so she can do her review of that data. I imagine as projects like this happen, this is gonna be a continuous thing we’re looking at these easements and understanding. 00:22:43,000 Yes, it will be, and I, I’ll just caveat this and, and going forward, the state is considering doing a sovereign landsly determination along the Missouri River from somewhere around Bismarck Expressway all the way down through Sibley. um, there was an OHWM um evaluation done at one point in time, which you’re, I’m pretty sure you’re aware of. Um, but they’re looking at it and they’re saying there’s a number of changes along the river. 00:22:57,900 There’s a number of things that are happening. There’s platts that are being going in the river that really shouldn’t be, so they’re trying to get their arms around the the development side of what’s going on, um, there’s also a discussion of island formations versus um you know, in other words, if an 00:23:14,000 island accreed to the bank, it’s still the states. So they’re, they’re property ownership issues in that corridor that they are now going to be um doing an in-depth review on. So. Interesting. Good question. Any idea of when they’re going to actually do this, Mike? They’re talking about next year. 00:23:32,730 They’ll, they’ll put an RFP on the street here, probably, you know, later this fall and then uh get the engineer and the technical people on board to do the analysis next year. 00:23:51,100 which probably will be this time next year before you get the, any final report because, um, the, the extent of that review is going to be pretty in depth based on the issues that are out there. It’d be interesting that the water users, you know, we have that training to have like a sovereign lands, you know. It would be. Ordinary high water mark kind of training session with Department of Water Resources. 00:24:08,500 I mean it did, it’s, it’s very technical and the things overlap, but they’re also very separate and, uh, maybe be something that the water districts could benefit from. Yeah, the interesting context of that, and I’ll just share a little bit more of the discussion. There are issues with the Surus River. 00:24:26,100 and, you know, Ward County, there are issues with other sovereign lands, um, and this is kind of an ongoing thing, um, that’s out there, very few people really understand what the sovereign lands are in the state of North Dakota is looking at determining sovereign lands in some other cases, so, um if nothing else, it’s significant interest to um any number of water resource 00:24:45,870 districts, but a general interest of of all of them so. it’s always controversial. It is so, but I think it would be interesting. E Equipping your, you know, your, your districts and the members with some more information never hurts that way they’re a little bit more knowledgeable on these topics, but Yeah. 00:25:03,430 OK, thanks, Michael. Yeah Uh, next item there on a hock tree. HOA, any discussion? Yeah, a couple of things on that one. And I would, I apologize, I didn’t get my profile sent out, um, it’s fairly clear on the um analysis of the LIDA that the roadway ditch did not get constructed per the uh, stormwater management plan. 00:25:28,600 So it goes back to the developer not having done that, it goes back to the county, not necessarily the, the overviews that were occurring at that point in time. Um, the other context that’s out here that little um. 00:25:44,100 fly in the ointments, if you wanna call it that, is a standpoint that the, it’s a city stormwater management plan, adopted and approved by them prior to the consultation with the counties, um, but now with the ETA discussion, that stormwater management plan will now be under the county’s purview, so I mean we have to have a discussion on how that all plays out. yeah A morning. 00:26:09,100 Morning, uh, Cam with Burley County Highway Department. Just kind of an update on this. We received a call from the, I think it’s the HOA’s engineer A. Balmer with ISIL, and it sounds like they were able to come to an agreement with uh Hawtree Golf Course to obtain an easement through their driving range. 00:26:28,330 so they are currently working on the plans and at a, an amendment to the stormwater management plan, uh, to put a culvert underneath the road and then it will take all the water basically north and drain it through the natural drainway that was there before the roads were done. 00:26:47,070 So that’s kind of where they’re at. We haven’t seen a recorded easement. We haven’t seen anything submitted yet. They just, it, it was, I hadn’t even had a chance to talk to my, we got that call a little bit later. Been busy with some ETA stuff, but but that was just the latest update we had on that. 00:27:03,070 With the HOA pay for that installation, that culvert or is that, I’m not for sure if the HOA is or Cam K Knusen is because he, he’s involved in part, uh I don’t know how financially they’re gonna work it out, but it sounds like the, there’s a positive resolution moving forward. So, it worked. The process worked. 00:27:25,970 So sometimes waiting Right. Or delays are beneficial. Um, I would ask one thing, you know, Casey from the standpoint of an amended stormwater management plan, since that takes time and you’re now in the ETA or not ETA, um, the stormwater management plan can look the same, but it’s a 00:27:42,800 question of who approves it. I, so on that how even with the ETAN process, we’ve worked with the city. Anything in the ETA, the highway department gets, we just go through it. We inform the city. 00:28:04,470 We, uh, a few years ago, we just said we’re taking over and we’ll go through it and we’ll do the final formal approvals, but we’ll go through the whole parts, then we’ll actually go out and check everything, make sure it’s actually done. 00:28:19,370 According to this stormwater management plan, if it’s not, you’re gonna have to change, remove and replace it out there, or you’re gonna have to amend the storm water management plan again to prove it actually works, and so we’ve put some guards in as we’ve just learned. over time on there. 00:28:38,730 So to us it was ETA or not ETA, that’s a whole, the last two days have been very interesting on that, but um, you know it, we just got to the point, it doesn’t matter if it’s there or not, we’re just gonna deal with it because we’re the ones out there everyday anyways. So, I think, Mr. Chair and Casey, appreciate the update and their willingness to do that. Uh, we’ll probably prepare just a brief memo of our findings. 00:28:57,870 and not necessarily make a recommendation understanding that uh there’s a resolution in there that way the documentation’s there. uh for this did an official complaint. So we got to get to that closure point. Yeah. 00:29:13,800 And that’s basically we would, we would prepare that memorandum relative to that and say the solutions being worked on or whatever in a in a final statement we would document, you know, our findings relative to that. I did visit with uh Bill Brown about the, what, what our findings were out there and then it didn’t comply with the original plan, and that probably spurred the discussion to where, you know, we need to go forward and do something, which is great. 00:29:28,900 So, but we’ll, we’ll close that up and, uh, Casey, when you get the stormwater cements, just share them with me and um, just for the record, so at this point, in order to close the complaint. would be had to essentially wait to this culvert’s installed or can it be. 00:29:45,970 Um, I think the issue would be to wait until you have a formal um, decision that that culvert’s going in. OK, you might be able to do it just say it’s closed pending a successful storm water management plan amendment and a successful approval of everything down because we always send them a letter saying you have it’s installed you have done it in accordance 00:30:07,870 with the plan. So you, you could just do it depending on those two items right on the agenda for next month then. OK. OK, thank you. Got it. Yep. Thanks, Casey. Yeah OK. Any updates Mike on the Mike Cook. Yeah, on that one, we did finish out a, uh, potential special assessment district. 00:30:28,370 um, I visited with you, James. I think we should have you and somebody else come to the office and have a conversation as to what that looks like, so that you can come back with a formal recommendation as to how the board might proceed with that uh information so it, it’s, it’s kind of 00:30:43,070 complicated and, and to the point it may set a precedent for some of the other things, so, um, I think it requires one additional discussion with two board members to to step through that process. Sounds good. OK. OK. Any questions on that on the board? OK. 00:30:58,430 Uh, last item there, the chase Dewitz I the but I, I assume was the letter has been sent. Yep. The approval letters out there, along with the notification letters that were required to go with that. OK. 00:31:16,730 Curious to, have you had any correspondence with them at all, just making sure they’re all the I’s are dotted and T’s are crossed from our end. Uh, the, yeah, the last correspondence I had with them was when they resubmitted that updated permit with the last couple of bits of information that we’re seeking on that, and I had I, I spoke with, uh, I can’t remember the gentleman’s name, but he was working for Chase 00:31:34,270 Dewitz to help, uh, get this, uh, completed, and he tracked down a couple of things and then sent that to me and then I told him, you know, I looked it over. I said, it looks like that satisfies what we need. 00:31:46,270 And then after that, I haven’t spoken with him because it looks like we’ve got it all and then I sent it off to you guys for for your review. And then on that application, if you notice there’s a spot on there for you to sign as the water resources basically indicating that you concur and accept this application, and then from 00:32:01,100 there we send it on to the state, you know, so once I get your signature on that, then we can forward that a whole packet to the state for them to essentially just put in their books just to note that this system is being installed and so that they’ve got, they’ve got a recorded 00:32:14,170 I think we can just put my electronic. Yeah. On there, your guys’ engine. Yep. Yeah, and that was basically waiting for this meeting to. do that. OK. I think we kind of already had approval for that, right? Um-hum. At last month’s meeting. So, I think, yeah, we’re ready to go. Yeah. 00:32:32,470 Um I would suggest maybe just do just reach out by phone if you can and just touch base, make sure they know everything. Let them know that we accepted it and we’re moving it forward and that it’s all the male takes Wes, you know. Yeah. Yeah, I can do that. It was e-mailed to him as well. OK. So, he received it in e-mail. 00:32:47,100 Perfect. Yeah, they’ve been very good to work with and, you know, the understanding on this whole process that they just have to take these couple of steps to complete this and then they can proceed with their project. OK. Perfect. Thanks, Travis. Yep. be closed Yeah. So, essentially, that one can be closed down. Um-hum. 00:33:02,900 Yeah, yeah. That could be. OK We can, if nothing else under drainage permanency complaints, we can move on to item 9 this morning in projects. Uh, Michael, you have, uh, I think an update under Hogue Island with another landowner. Yeah, a couple of things. 00:33:28,000 Um, the access easement revisions, um, I think I’ll let you know before there is a, a individual out there who’s buying a lot on Hogue Island, uh, as it turns out that lot is stabilized by a Section 32 project. 00:33:43,530 so I let them know that they, if they’re going to maintain it or do anything, I gave them kind of the background as to what they may need to do relative to that, so I do not know if they proceeded with purchase, but um they don’t need new permits to do stuff, they just need authorizations, um, what’s the proximity to the project we just completed? Uh, 00:33:57,800 it’s about 6 or 8 lots. Yeah. OK, so it is. It’s about right. It’s close. It’s close, so. Yeah. Yeah. And all it is, it’s already fully stabilized, it’s in fairly good shape. 00:34:12,370 They were just wondering if we buy this lot, what’s our obligation and responsibility for this particular piece? Can we go in and put more? Do we need permits, etc. So, uh, we just gave them the protocols for the Section 408 and uh, floodplain development permits, etc. I commend them for reaching out and asking those questions. Yeah. Good. 00:34:29,970 Um secondary to that, obviously, Dave Chiter owns property on the north end of Hogue Island and north of Hoag Island. He has two particular locations, uh, Dave, being aware of what goes on with the water resource district. 00:34:46,070 Again reached out and said, hey, I’ve got this issue out here, um, it’s in your easement, it’s on the structure, where we’re gonna go with it. Um, there’s two parts. One is, um, basically it’s on the north end of Hogue Island. 00:35:00,330 Uh, he owns a lot and between he and the neighbor, there’s a big slump hole In other words, the water has come in under the rock and the rock has basically fallen. Um, and he needs to put material in that, um, to restore it and bring it back up, um, doesn’t look like there’s any damage yet, but obviously if it continues, there’s that risk. Uh, it is a section 32 project. Uh, Dave kind of wants to proceed. 00:35:19,530 He’s had conversations with DWR, as have I. Obviously he needs a um 408 permit from the core. um, authorization from this board to work within the easement and on that project, um, as well as a sovereign lands permit, um, talking to DWR, they said, you know, because of its proximity project, etc. 00:35:39,530 and their involvement in the O&M, they should have that as well. It sounds as though Dave has already prepared those permits previously, but they’ve never been approved. um, so there’s, there’s that context out there. I’m gonna touch on the second one, then come back to a jurisdictional question. 00:36:01,230 The second one is to the north, it’s south of the, um, South Central water intake. There’s a little cutback area in there that he wants to put some material in. Uh, that’s independent. That does not have a section 32 permit or Section 32 project. It’s in the area so it’s covered under an easement, but it’s not a structure itself. 00:36:19,330 Uh, so there’s two independent projects he needed separate application and permit for that one as well, uh, understanding that he’s submitted and talking to DWR anyway that he’s submitted an application to them and the core, but the core is looking for additional information to approve that, um, so in the context of both of these, um, representing the water resource district and advising him of the permit 00:36:40,800 requirements and regulatory issues, um, we believe he’s going to need some technical assistance to complete those applications and if the, if the board doesn’t have any issues, we’d be willing to represent him, but we don’t full disclosure, we don’t want any conflicts of interest relative to that, but, um, obviously we are not his 00:37:00,530 engineer at this point. We’re just advising him relative to the board’s um and core permit requirements so. thoughts from the board on that I mean, our, uh, our capacity will just be to, you know, comment capacity, um, and most of our comments are gonna be pretty benign, I would suggest. 00:37:22,900 We’ll rely on the state and the and the core to, you know, manage those properties, so I, I guess I don’t see anything I don’t see any golf. OK. 00:37:35,730 And then, like, like I said, Travis and I have talked about that and he can get back to Dave and um could Dave do it himself? He probably could, but I’m looking at it from the uh regulatory process. Sometimes those things get a circular pattern unless you put them together properly to start with. So if he’s willing to have us assist that, we would do that. So appreciate it. 00:37:55,970 Good, your thoughts or questions? OK We can move on to the Apple Creek slide. OK, on that one, the uh instrumentation is showing uh minor nominal movements that are within the tolerance of the inclinometers So at this 0. 00:38:15,900 1 could argue there’s no movement, um, we have a quarterly report that is due. We have all the costs that were put together. Um, I do have access online to that uh. uh, to that quarterly report and before the 15th, I will, uh, finish that. I have started a little bit, but I just have not finished it. 00:38:32,270 So that quarterly report will go in as well as a request for reimbursement under the grant. OK. So, when was the last time those those, uh, values were checked regarding those meters. I believe just last week, they’ve been checked if not twice, 3 times. OK. 00:38:48,530 Uh, and the reason why I ask is we’ve gotten considerable rain just in the last 3 or 4 weeks. So if there’s gonna be movement, you’re gonna see something right after, right? Yeah. So I think, so I can double check. West is going to be giving me, you know, periodic weekly updates. OK. So Good. 00:39:06,000 We’ll close our fingers and say that it hopefully it has not moved and uh we can go on, uh, from the status of non-movement, if you will, um that does still bring up the question at some point down the road relative to, um, how to stabilize that portion based on the current tracks and stuff that are going on out there. 00:39:24,170 If it’s not moving, I don’t know that there’s any need to do anything, but, uh, there may be a, a desire to have that discussion. In fact, I’m not so sure if there isn’t movement that there’ll be a grant to do anything out there for stabilization purposes. So anyway, just background Well, I’m just thinking moving forward, go ahead. 00:39:45,370 Well, uh, do we have a historical, record of what’s happened out there in the past? Um, not the historical record is basically what happened very recently. OK. So, we know that there’s been movement over the years, you know, geologically, if you want to call it that, but, uh, the only real record we have is within the last couple of years. 00:40:02,530 Thank you Yeah, I’m just thinking long term, you know, what sort of plan you want as a board to work with the county to kind of continue to monitor this, you know, and, Um-hum, um-hum. 00:40:20,600 You know, if, if AC’s groups will want to drone that once a year or something, we could, we could discuss later, but they’re doing currently doing it once a month now. Would that continue for OK Very good. Yeah, that would be fantastic. OK Thank you Yep OK. Any other updates or questions? Apple Creek. If not, we can move on to item C is pretty quick, but in your packet there on items 12 through 21. 00:40:46,800 is the, uh, Bert Creek assessment that we will need to uh approve today and submit to the Burlee County Auditor. so they can get it in for next year So, uh, Michael, any changes or it’s pretty much the same. 00:41:05,500 As is, as is typical going through the GIS system, there’s some lot splits that occurred. Um, there was one property that got completely delisted from the GIS, uh, we went back through Tessa Knutsen with the auditoror’s office and um they’ve corrected that and gave us the information on the lot split, so that’s all in there. 00:41:25,730 There’s always a minor shift in acreage because of the, you know, it’s based on the GIS system, it’s not based on pure survey So those, all those adjustments are incorporated in here and that’s the uh revenue that you have for this year. 00:41:40,630 Uh, I know long term we were, we’ve been discussing the um at some point in time there’ll be sufficient monies to pay the bond off and then do you continue the assessment. Uh, those are items that are out there to continue to be reviewed in the next year or so. Yep. OK. OK. And there are questions on that. If not, we’ll need a motion to approve. So moved. Yeah. 00:41:59,870 right Got a motion by Manager Jones and a second by Manager Smith. to, uh, approve the Burt Creek assessment and send in the information to the Burley County Auditor. It’ll go out today. What’s that? It’ll go out today. Go out today? Yeah. OK. 00:42:21,230 Any questions or comments, discussion on that item? If not, when do you take roll call vote, please? Andrew Mitchell? Yes. Managed Reep? Yes Manager Jones? Yes Manager Smith? Yes. And Chair Leenberger. Yes, motion passes. Thank you. OK, we can move on to other old business this morning. I don’t know if it’s Mitch, any updates regarding the Burleigh County CRS this morning. 00:42:49,530 Good morning, Mitch. Good morning, Comm Chair Landenberger, the, uh, the, we did get a letter, um, corresponding to the CA visit from uh Matt Lafferty. We also had an invites to uh do a teams meeting. Um, no, no decision has been reached. It’s just we’re, we’re still reviewing some of the records and that sort of thing. 00:43:11,630 It was, but I haven’t heard back. I think they may be. not be working. I don’t know. Oh, so, um, I haven’t heard back, so that’s where we’re at and we’re going to set up a teams meeting to move forward, move forward. So, OK, all right, thank you. 00:43:30,100 Any questions for Mitch on that? And Mr. Chair? Yes. Uh, there was a meeting last night on the ETA and since Mitch is standing right there, I, can, can you give us an update of what they did and what they accomplished, if anything. Yeah. Uh, uh, this is for your next item? Yes. 00:43:45,600 Well, I’m, I have to leave in 10 minutes. Oh. I just want to make sure. So, basically, like, the next item, so certainly, yeah, if you want to discuss that, Mitch Casey or Michael if anybody’s got any updates on that, we can move into that topic. 00:44:01,600 Um, yeah, last night, no decisions were reached, um, there’s a the county has proposed an alter alternate map. Oh, OK. I can go get my computer and show you that if you want. Do you want to get into that detail this morning or I can stop up and look at it while you get that. Yeah Um So how alternate is it? Is it? It’s um. 00:44:24,000 So, what the alternate that was proposed is basically the ETA is eliminated to the city limits. There’s lots within the city that aren’t annexed into the city of Washington and 43rd on the northeast corners, a, a good example, uh, that’s probably gonna be annexed before too long, but it, there’s little lots like that there’s probably 15-ish in 00:44:48,230 there, the proposal is to basically the county then runs the process, takes over, and we would still use all of their sanitary sewer studies, their water main studies, stormur, there’s a lot of really good information and it’s in the best interests of Burleigh County and City of Bismarck to be able to move forward. 00:45:08,370 So there’s a brief discussion last night, the mayor of City of Bismarck said that plans basically a no go if it’s presented like that. He felt the city uh proposal would be more uh, what they would want. They might come back in on a couple areas on the east side a little bit, but not very much. 00:45:31,530 Uh, they feel that they have to have that port and him and his board. It’s not like they felt they had to have that portion of Steve Baker, one of our commissioners was, he, he wanted to continue the discussions. We had meetings yesterday, Monday, going through there talking with city staff. 00:45:53,230 I thought we had uh pretty open discussions on each side’s pros and cons, uh, then really we need uh board will make those types of decisions will look through some of the however, it’s decided, you, you got to transfer information, do different things, but the mayor of Bismerck was just, well, if we’re that far apart, maybe they’ll have to decide, we’ll 00:46:19,530 just stay with the negotiated boundary or or other parts, uh, but we’ll, we’ll see how it moves forward from there. And We make this, would you have on the screen right now? Is that the. That’s, that’s the map that the commissioner’s asked to be presented at the meeting last night. It’s the entire ETA. 00:46:42,370 OK. Which I’m more comfortable with than the map that they proposed. So, so the red is, is what? The red is the ETA that would be eliminated, the cyan color would still be ETA within city limits, because those are the unannexed lots that so it, it would make sense for the city to have 00:47:03,730 jurisdictional control over that as a county we don’t I, I would give them Bowie drive in a heartbeat, but they don’t want to plow gravel roads, so, but that’s how it goes. OK So more to come Yeah. I, yeah, definitely. More meetings, more discussions. 00:47:25,700 Is, is this on a website yet, somewhat? Uh somewhat, it’s, uh, the county website. County website. Yeah. Yeah. Yeah. Well, certain gay, you know, Mitch, you know, Comm, if there’s anything that we can do as a board to offer up any insights or thoughts, you know, let us know. We can. Well, there’s going to be other, other meetings too, so. Yeah. 00:47:41,100 I think that water resource district should have a representative at those meetings. Yeah, I agree. Because, uh, I like it, it’s much more a shotgun approach what they’re doing, I call it, but, uh, and we had that map of the tour and negotiated together with Water resources are going to have some real potential problems of 00:47:58,730 who’s pays for what and who does what, so I think they should have an input. Kathleen and maybe somebody from Well, number one, the economy has been doing this. for a number of years and the company’s been painful OK. I’m still waiting to find out. 00:48:19,470 the money that has been used there, and I have not obtained that figure. For? For Stormwater. The stormwater up there. Um, so, we, we generated that when we gave it to the county commission. What we were asked for is just stormwater stuff. 00:48:39,900 It wasn’t specific to city or county because there’s some developments done in the 70s, everything we’re that total dollar amount’s about 5.6 million that we’ve spent with different drainage corrections, different things going through, and there’s some, uh, to be fair, there’s some hot debate between how the city looks at that and how we look at at that a little bit. 00:49:02,170 One good example, uh, that we got a call on Monday after the weekend’s rain on 71st and Moonstone Lane the natural drain comes through 7 culvert and the natural drain is right through somebody’s yard, and they’re sick and tired of being flooded, and they asked what we can do about it and as well, we can, this year we just don’t have the time, but we can look at, do we 00:49:19,270 regrade the ditch on Seventyfirst, Dawn Moonstone Lane and take it all the way around. We just reroute everything through the ditch instead of, but even if I did that, if they don’t build a substantial bur on the north side of their property of 3 to 4 ft in height, it’s not gonna 00:49:33,730 do anything. So it’s, it’s a process we just gotta work through the process with them. That’s something in since it’s in the right away we just deal with, we don’t, that’s just parts that we figure out and we broke that into our budget where we can on there in 00:49:51,800 we’re not trying to be mean to the water resource district. It’s just we see that’s our issue as a highway department and we just work, work through and deal with that note. 00:50:09,000 There was no stormwa management plan back in 1975, so we really don’t have to amend anything, so it’s just figuring all of those things out, and I was going to talk with Mike about that later, a little, uh, just in a little bit more detail. I don’t know if they’ll file a complaint or not, but what we’ve told them we, we are going to address it. It’s just gonna take some time. Yeah. 00:50:24,900 So, who’s organizing these meetings that are occurring? Is that through the city, the county, both? Mr. Chair, Mr. Chair, the, uh, meeting yesterday is an ongoing we have 22 birdie people, 2 Bismarck people, and they’re, it’s not just to the ETA this is all kinds of concerns that we’re gonna have down the road. 00:50:45,370 So, that’s a a minor, well the ETA is going to be huge, you know I don’t know where we should stand on that, but, um we’ll have more meetings. 00:51:02,800 The next meeting is a joint, full commission meeting last night it was only 4 there, but we’ve got one coming up, and I think it’s a 17th. I’m not sure. I don’t have my calendar. But it, it’s. Can you let me know It, it’s in two weeks. Two weeks? Yeah. 00:51:20,470 But I do think when that joint meeting, the water resource district should make a plea or whatever you want to call it, a statement of, of where, where they’re involved the water district and whether they need to be involved, because I think there’s, there’s a lot of projects that are that are gonna cost a lot of money down the road, and he, the previous ones, you said, what, 55, 5.9 million or something. 00:51:38,170 Well, that could, that’s going to happen down the road, but we do have to come up with the policy statement more than anything else as to where the water resource districts tans. They don’t do anything well. 00:51:55,170 if we don’t do anything in this group, And I, I feel we’ve been trying to represent just as the highway department, we, we deal with that, uh, for staff meetings, Mitch, me and Marcus and Dan and city staff have been together a few times, uh talking through just a lot of them, the unexciting mechanics of administration and and how that that works. 00:52:20,730 Go from there, then the mayor and Comm Bakken are on the joint committee and Jason Tomoni, the city administrators on it, and Mark McCowski’s the auditor is on that. Then when it’s the joint board, it’s both boards, all 5 from each meeting together. Yeah. 00:52:41,270 Well, I mean, I think I don’t wanna speak for all the board members, but here, obviously, our jurisdiction footprint increase, it stands to reason where our budget’s gonna. be, you know, at some point, you know, but it’d be a, it’d be a balance. We, we’ve worked really well with Burleigh County and the highway department in Casey and on, on these things over the years, so. I’m not too overly concerned, but just that. 00:52:56,070 you know, there, there’s definitely gonna be some shifting of, you know, authority and review and additional. Um, yeah, cause it just currently in the ETA. if something comes into the city, it’s submitted to the city, but really the highway department, we review it and we get very aggressive. 00:53:16,430 After that, then when it, uh, if it’s something new being built, once it gets through the planning and zoning process, it reverts to our process and the county and they have to build it out and we check everything before they’re even allowed to record the plat, so they can’t even start selling lots until it’s OK, you meet the plan or you 00:53:33,470 don’t. That’s, that’s the bar if you can’t meet the bar, it doesn’t get recorded. You don ’ t get to sell lots. And it’s, they’re in a hurry because they’ve built roads, gravel, asphalt, chip seal, all the culverts. They’re, they’re ready for some influx of cash at that point. 00:53:49,630 They’re really chomping to get it. We also check all the erosion, erosion control, seating, everything’s done. So over the last 10 years we’ve really amped up that process of how that goes. You don’t see rural subdivisions in the ETA hardly at all anymore. 00:54:08,800 I think last chance subdivision was that, and that’s why they ended up calling it that one. Yeah, so it’s, uh, it, it’s far more urban. going through there. So. Yeah. That, it’s, we’re just not seeing that, so the areas that are are in the ETA that are existing subdivisions. A lot of them have been around for quite a while. 00:54:27,900 We know what the issues are, you guys know what the issues are. You’ve had the complaints, the different challenge areas that that are out there, so it, it’s when a new complaint comes in, it’s just a process if it’s in the highway right away, we just take care of it and go from there. 00:54:44,430 If it’s something different such as, uh, Midwest Motors, uh, in our Midwest Industrial Park over there, not Midwest motors, wrong one. The industrial metro industrial park, uh by the airport, that’s where once it gets all of the right away, we’re getting stuck a little bit and then then we work to try to work through the 00:55:04,730 process at that point, but it’s areas like that you guys are very familiar with them. uh, and the different challenges that come with them. So curious, the development north of by, you know, that we were kind of talking and discussing for quite a while. 00:55:22,870 I can’t remember the name of that additional development off River Road up north of that we had there was all the iterations on the modeling and the. Oh, summit Point? Summit Point. I mean, is that a good example was that, was that outside the ETA or in the E ETA? That one was actually outside the ETA. Oh, it works it, OK. 00:55:38,430 Cause what we’ve found is rural subdivisions, it’s very hard to make an acre and a half lots pencil out any more that close to the city. So even in Summit Point, they have a group of smaller lots that are going to be more town homes and they have an individual sanitary sewer system, and then 00:55:58,800 they have a mix of rural subdivision lots, and that’s just to try and generate the mountain. When you look at what they’re selling lots for the you’re talking $25,350,000. 00:56:17,970 for a lot, and then you’re putting on houses with the, uh, we don’t care about covenants, but the covenants is you’re probably talking 3/4 of a million dollar house on top of that, going through there, we’ve just found it’s very hard to get that to pencil out to be able to make money. You, you have to be. very good at what you’re doing in development to make it work. 00:56:32,900 We, we’ve seen them further out, maybe getting in there, but even like a 100 10th, 26th. That, that had 0.2 acre lots and that ended up getting voted down on their, uh, so in the ETA it, it’s really hard just to financially make a subdivision like that work 00:56:55,730 anymore. It’s more, it’s the financials just get to a point you’re, you’re gonna have to have urban density to make it work out. Um-hum. OK, couple of things, Mr. Chair. Um, I put together some observations which you have in your packet. 00:57:12,900 Uh, there are gonna be impacts, I think, uh, Casey, what’s happened since 2011 with what the county’s been doing, they’re collaboration with the city has worked really well. Um, I watched a couple of the meetings. I was um taken aback a little bit by the complaints relative to the ETA because a lot of the permitting requirements are required in the ETA and or the county. 00:57:30,530 Uh, so there’s pointing fingers that are just out there. The other aspect of the ETA is not the reason why you can’t afford to pencil out in the ETA. It’s the cost of the property, and that is driven by market. 00:57:46,530 So just as a clarification, but I think you know this board and and KCU brought a couple of issues to the board and said, hey, it’s off our right of way, looking at the water resource district to assist in that. 00:57:59,000 Um, I’m not gonna say you’re gonna have more of that with uh with this change, you may or may not but I’m thinking this leads to the uh discussion of policy with this board where this board gets involved to assist the county highway department to do things, you know, that’s off right away, um, it’s been kind of a quasi, you know, handshake we just deal with the 00:58:14,800 issues as they come up. There may need to be a more detailed discussion. I do believe that the ETA changes I’ve kind of put out in the, in the observations, we’ll have an ultimate cost to the county. I don’t know what those costs are. Um, I look at the 5. 00:58:30,270 6 million of, if you want to call it corrections that are out there, um, I don’t necessarily see those reoccurring because of the current collaboration process that’s going on, so we’re avoiding, um, you know, the entities are avoiding those costs, but as, as an example with Mitch here, I mean, obviously if he’s gonna have a whole bunch more uh floodplain issues to address. 00:58:50,530 Uh, there’s permitting requirements, there’s review requirements, um, becomes a staffing issue on his perspective. So, um, my observations are in there. 00:59:07,530 Be happy to attend the meetings if, if you, um, would want us to be there, so uh is there any other interest, you know, Kathleen, you, you spoke up 1 to 10. Is there any other interest on any of the other board members attending. I’m comfortable with Kathleen. Yeah, I am too. And then I, you know, yeah, I think if somebody maybe Michael or Travis or somebody. It’ll be one of the two of us. 00:59:24,330 I’ve got a number of things on schedule in November that I’m going to be gone for. Um, so I will not make the November meeting. Might as well just say that now cause I want to be. Would, would you pass on to whomever sends out. Yeah that. We’ll, we’ll carry that information and assign it internally if I’m unable to be there. 00:59:41,270 The just for your information, the city wants this resolved quickly. They want it done by the end of October. but I’m not kidding, they, this is the most gas I’ve ever seen on the ETA hit ever. I’ve been doing it over 20 years. Uh, when we renegotiated the boundary in 2014, it took a long time to get us, get through everything. 01:00:03,230 City staff has been directed, go right now, get it done immediately, and it’s it’s been a scramble so no, no reason for doing it immediately. Uh, I think the biggest part for the city is they feel they’re getting all those complaints, uh, from and they’re saying 95% of the people who live in the ETA will 01:00:32,630 just take you out. Then you can deal with the county and uh Mitch has made it very clear the IBA billing codes don’t change. They’re, it’s the same thing. Flood plain regulations. We actually do 500 instead of 100 year. Um. 01:00:50,600 So, I, I mean, Mitch, I thought, been very clear and the staff it would take is probably a net 2 5000 $0 is what it might be. There’s some disagreement. I, um, board members have said they don’t agree with that. They think it’ll, by the permit fees coming in, it’ll be a wash. I mean, that’s, that’s a, a valid point. Go through there. 01:01:08,730 I mean, until you get into it, it, it’s, you, you know, you’re just, we’re all trying to we’re we’re all trying to, OK, what’s the worst case? What’s the best case? And you’re just trying to be prepared for it going from there, um. 01:01:26,070 but if the city takes that out, a lot of people have seen it and they’re like, I’m out. I don’t have to deal with city anymore. They’re very happy. And our point was for years, what’s been generated is regulation without representation. You’re taking the people out, but you’re, we’re not addressing the problem. The problem still exists for all the undeveloped areas because you’re still doing that. 01:01:47,870 Let’s look at how do we really change this has been what we’ve been trying to bring up and we’ve had good discussions with, with staff on on that part and we’ll see, uh, how commissioners end up voting. We’ll go from there. And will we, the county at some point. inform the citizens of those changes once they’re finalized. 01:02:11,270 Yeah, it, once there’s a formal vote, done, they’ll, it’ll have to be, I know when we talked with the city, they they felt from a law opinion that they received from their city attorney is they can constrict the ETA if they choose. 01:02:37,000 They don’t have to have our approval for it and we arrived I can find an attorney too, and get another opinion also. So I had, it was I, I, I respect, I’m not, I’m not a lawyer. I, I don’t know, but it was, there’s a reason, uh, judges are there and courts are there because attorneys have wildly different opinions sometimes on the same, same item. 01:02:57,730 So. OK, thank you, Casey. Yeah. Thanks, Casey. Yeah OK. So, yeah, we’ll get. Andrew Jones and some from Houston to attended. Yeah. report back to you. 01:03:15,970 Definitely, and it, it’s October 17th you said? Yeah, I’ll know what time on the 17th I do have a, an evening meeting on the 17th, so I may not make it, but we’ll brief Travisson. Well. OK. Keep me in the loop. Yeah All right Nothing else on that topic, we can move on to Chair. Oh, go ahead. 01:03:31,900 Um, since Mitch is here, we did get an estimate on what would cost for the county to take over the city ETAs. What it was, it was over half a million, I think, wasn’t it? Yeah. Um the, the cost to staff would be approximately 290,000. That’s rough. Per year, right? Per year. Uh, the this is, these are problems that we’re gonna be taking over There’s 292 subdivisions. 12,000 parcels. 01:04:02,330 um 1500 properties that are in the floodplain area. 1500. Yeah And it, it’s gonna, it, it seems to me to be an unfair exchange. It’s, I asked for a justification of these properties. Why did you choose this subdivision and not the one right next to them. 01:04:26,870 Why did you choose all these subdivisions and then take those out and leave all the undeveloped land. It, it, it’s, um, it’s, it’s like they just took a washing. this is yours now They’re not providing any reasons as to why? Well, they, they, they sort of, it’s a, it’s not part of the urban expansion. Curly. 01:04:48,900 So it’s um for the county, it, it’d be a fine thing. We, I’m, I will do whatever our commission tells me to do. I’m not opposed to it. I’m just trying to lay everything out on the table and then to me it’s, it’s an unbalanced exchange. But then the C will tell you they don’t have to give us anything. It’s their ETA. 01:05:05,870 So it’s yeah, and the people in the middle, people are in the middle that aren’t representative and are Ranges, you know, but I mean it’s, it, it, like I said last night, it’s going to be a mistake to think that this will not be a cost to Burleigh County. Oh yeah, it’s going to be Mr. 01:05:23,500 Chair, a couple things since Mitch is at the podium, uh, one of the ones who pointed out, in case he mentioned that the difference between the 100-year jurisdiction and the 500 year jurisdiction and no basements in the county, uh, there may be some rural residential subdivisions out there that 01:05:39,500 they’re, you know, in the flood plain, they will no longer be able to build basements, and that’s a change to them. It’s an impact to them. The other aspect of it is the CRS program is going to be, uh, even more important now because there’ll be people who will be put into the county flood plain who are 01:05:54,530 going to lose their CRS exemption that they have through the city of Bismarck. So, and I don’t, there’s probably not a huge number of properties, but there’ll be a number of properties where their insurance premiums are going to go up. Correct, that there would be considered nonconforming then. 01:06:09,370 Potentially, yeah. And then we’d have to. Yeah, and I did talk to a fellow that, um, he, he wanted to put an addition onto his house. 01:06:26,470 The house is located in the, in the 500th year, and I said, well, you would have to elevate them If you moved into our jurisdiction you’d have to elevate them In the city it wouldn’t. It could be the same level as what the house is. 01:06:45,270 That’s just one, so, um, I, yeah, there was, I explained that there should be some kind of of, uh, a forum or explanation of these to the people who live in the jurisdiction, you know, they, they don’t understand the ETA. They don’t understand the purpose of it. Yeah. They, they buy the property, they want to locate there because it’s near the city and all of a sudden they, they find that they’re not in the city. 01:06:55,330 They’re in or not in the county or in the ETA so they don’t really know. but it’s, I mean, sometimes you give people what they want to educate them, and they’ll find out very quickly, but it’s not a good practice. 01:07:12,370 They should know they should understand some of these people that are complaining or or or want out completely. Um, it’s not gonna change. and you know, it was a discussion about how the city holds withholds development on some of these rural properties. They don’t let them, you know, develop because it’s, it’s they’re not given, they’re not allowing them to develop the smaller lots. 01:07:33,270 Well, it was possibly the same thing’s going to happen if we take over that jurisdiction, we would tell them the same thing. And so these problems are going to go to the Commission. Um-hum. And it’s you know, Yeah Yeah. OK. Thanks, Mitch. Yep. Good. Good discussion More to come for sure. I’m afraid so. What’s that? I’m afraid so. Yeah. 01:08:02,000 OK. We will move on to new business, uh, those are the items we added to the agenda uh, I guess first one meeting agenda notification, so I believe, when did you receive an email from Coy Auditor. From the county auditor stating that he would like to send out all of the agendas. OK. 01:08:22,270 So he asked me to send it to him and give him our list. And, so then he wanted to add our list to his list pretty much. I think he’s planning on sending for, like all the counting. 01:08:44,800 boards Did he give any indication as to why he felt he needed to do that? OK, it’s just a request at that point. OK, um Well, David, in the sentry code doesn’t it specify that the water resource district handle their owned. Mr. Chair, that’s correct. The presiding officer of, of any agency. This is under um chapter 44 of the Century quote. So, uh, Mr. 01:09:13,730 Chair, you as the presiding officer of this entity, uh, has the responsibility. That’s the word used, responsibility to see that proper notice is given. Um, I’m not aware of any other entity, individual or agency that has that responsibility. Only you do. 01:09:37,000 So that to me, that stands to reason that you and the board certainly have the discretion as to whether you um, need or want to share any mailing lists. Once those mailing lists go out, I mean, it’s clearly public record, so anyone can do whatever they wish uh, um, that said, there may be a logistical issues and other matters that relate to the board giving a specific list 01:09:56,730 out to anyone else, not that it’s not public record, but it, it, uh, may interfere with that. Yeah. My, my concern would be confusion again of we’ve kind of had a normal protocol, a normal process of, of notifying for our meeting and who we send it to and then 01:10:14,330 where where we place it, you know, on our website and different things and certainly at the county auditor wants to take our agenda and have their own list, they want to send it to, they can have, they have that right, but they take our list and then try to make it that becoming auditor is going to be 01:10:31,000 the only one saying that out. It just seems to go against everything that’s in our entry code as well as what we’ve done in the past, so I, I would agree, I just think it would start this, you know, confuse people as to as to why now is the. 01:10:44,270 county auditors sending out the, the agenda to our list anyway. That’s my thought, but and your thoughts on that? Yeah, just a background, uh, Mr. Chair, uh Mary Sanger is email, in other words, this board has created a list of people that it sends its um. notice of meeting and agenda too. 01:11:09,970 And there are people who specifically requested to be on that list, so kind of annually you’ve had the opportunity to look at that list. There may be somebody who’s requested it because their project was ongoing. They may not require it anymore, but it was this board sending it out to that list. 01:11:24,870 Uh, Mary Sanger would take the agenda because she’s on that list as the emergency manager and she would post it on Facebook. Uh, the same thing is true for the county auditor if he had a, a list that he wanted that notice to go to, he could, because I believe he’s on our list. 01:11:40,370 He would get it and then he could forward it, but the, the duplication of lists, you know, we all get, you know. I won’t say how many hundreds of emails, um, but if you’re, if we send it out and or if this board sends it out and then he sends it out, there’s gonna be duplication or if 01:11:53,270 there’s a change in our list, then we need to coordinate or you would need to coordinate with him relative to the change in the list, and that’s not required by Century, right? And when I look at the entry code, it, it, you know, as, as Dave shared, it’s pretty straightforward that this board 01:12:06,070 is in charge of its own notices, so. Well. just thinking out loud here, what would the board think if I just maybe reached out to the coding auditor myself and just had a conversation as to where you where this is coming from and that it might understanding that I think everybody hears in 01:12:26,370 consensus that at this point it’s, it’s kind of our notification and we have our process that’s. dictated through Century code, and that’s what we’ve been doing and I think we’d like to continue that process with our own list. and he’s on that list, and if he wants to send it out after that to his own list. 01:12:42,800 that’s fine, but we would, we don’t want the duplication of lists at this point. Yeah, I’m just thinking about that out loud. You’ve got the um, now he has a joint list, which is what it is. I if he sends out to his list, and there are duplications in our list. 01:13:04,630 They’re still going to get it twice but at least under the entry code, you’re obligated to send out our responsible as the term is, to send out to your own list so there may be duplications still occurring but the duplications by choice, not by your direction. Right OK, thank you. Yeah. OK, so I will do that. 01:13:24,630 I’ll reach out, have a conversation with going out of her OK Uh, next item, the December board meeting does fall within the same week of the water users, um, so I kind of wanted to look discuss this morning to see another. date that might work for everybody. I believe. 01:13:48,100 What day does the water user start? It, in the sense, I think our training is that this, is it the 10th? It starts on the 9th, the evening and the 9th. Eating in the night, but that 10th and 11th is the man. Yeah. Yeah. The overlap for us is that they usually have that training Wednesday morning. Right. Yeah. 01:14:00,500 And if we need to. Well, can we do it Tuesday? We could do it Tuesday morning if that works for everybody on the 9th. That would be November Uh, December, December 9th, Tuesday. December 8 o’clock, we could check to see if, if that works for everybody. Yeah, Res kind of shot with meetings dialogue. Yeah. 01:14:27,500 Yeah Hold on Chuck, does that work OK for you? The dentist is checking Dave, Michael? Uh, yeah, pillow work would be that, that, that’d be the next thing, yeah, but if the if we got a majority of the board anyway can make that Tuesday the 9th work, then we, Wendy can check 01:14:43,100 on the room and. Do you have a second choice if the room is booked. Well, we have used the room upstairs. That’s not televised though. Yeah. Right. So about. What City. 01:15:16,600 With the um, the previous week, I’m out Wednesday, Thursday, but I could maybe make Tuesday, but if it, if it’s booked on a Tuesday, is that a recurring meeting? Well then previous Tuesday should be. I can’t do that first week. I’ll never get everything together and then so you, you prefer later. Yes. What about the 16th? Or the 17th or 17th or 17th 17. 17th works for me. So. 01:15:35,800 It doesn’t work for me OK, so let’s, that, that’s plan B then, would be the 17th. OK OK I think we have a better shot at, uh, Wednesday than a Tuesday, but we’ll see. OK. So, everybody’s in agreement. Tuesday the 9th will be the first at 8:00 a.m. the first choice if the room’s available. 01:15:52,070 If not, we’ll look at the 17th at 8:00 a.m. here. And OK. Just FYI, I did this on my phone, so I may have sent out a notice to you already, but if it gets moved, I’ll renotice it. because I sent out notice for this meeting for just information so I may have just sent one out on my phone. 01:16:10,170 I’ve done that before, so if it gets moved, I will, I will revise it, OK. No. Bad habit, sorry. OK Very good. Uh, Dennis, you also had an update on the water users. Um, yeah, and just in conjunction with that, the water use Convention. 01:16:29,330 I, we just got notices for registration just so they can get on your radar too, but um, the, uh, we got noticed we had a water user’s board meeting, um, about a week ago, and, uh, prior to that we had gotten notice that the state is um, they, they had a, they had a membership in the water users organization, um, in the amount 01:16:49,070 of $10,000 per year. And then they also gave um support of the irrigation association in the amount of $50,000 per year. And so, you know, those are separate budgets, but they have some ripple effects, just, just so everybody’s aware, um, the state is no longer going to, you know, be a member, quote 01:17:08,870 unquote, pay those membership dues. They felt it, you know, offered some conflicts of interest and maybe not appropriate use of government funds, and so which are I think are legitimate concerns, um, so, uh, and net result is the water users will have that much less money going forward from that, 01:17:29,100 that source at least, but, um, you might see some minor increases in registration dues for individual boards, so they’ll accommodate um um, so it’s not a death knell by any stretch. I just wanted to make you guys aware of that. 01:17:48,730 Um, in the water, uh, the water department of Water Resources was very supportive of the efforts done by the water users, so they will look for opportunities to cost share specific items. um, and, uh, in fact, I think the water users are going to put in a, a Koha request for support during the convention for certain portions of the convention. 01:18:07,470 this year. So I just wanted to make you guys aware of that. We might see I think our dues are 675, or maybe they, they just went up, but they might go up again. Sure. A minor amount. Yep OK. Thanks Dennis. 01:18:26,730 You might have some impact on the, on the joint boards as well. They’re having a little income from Oh. That and, uh is it, are they thinking then they’re a little more project orientated and uh. Yeah, rather than a just a, a generic doze, um, let’s justify it by the content of what you’re supporting, so. 01:18:50,870 like the water users convention, for instance, there’s education that goes along with that. um, you know, uh, associated with water, so I think that’s a legitimate, maybe more legitimate in their minds, at least use of their of their dollars that are available to them. Mhm. 01:19:15,170 Rather than just a blanket you know, if you recall, um, there was some legislation the uh, last session that got presented and water users contributed um towards um, some lobbying efforts and so I don’t know if that prompted that discussion. I don’t, I don’t know or not, but I could see that. Yeah, I could see that. Certainly, it certainly can be a, a gray area at best for them, so. 01:19:34,370 The agency’s providing money to an organization that’s lobbying for money for the reasons circular. Yeah. So, uh, Dennis, apologize. I was unable to make that meeting, but the conversation then led to potentially looking to the DWR to support other particular elements that are not membership. 01:19:59,270 Is that a is that a fair statement? In other words, we have an educational program we’re bringing in a speaker from somewhere, uh, that there might be, you know, that type of sponsorship, so you’re you’re not paying the funds to membership, but you’re paying it to a particular purpose. They mentioned projects as a specific, but um, does projects mean educational opportunity. I think it does. I think it does. 01:20:20,430 Yeah. OK. That makes sense. That makes sense. I appreciate that, we’ll find out. I, like I said, I, there, I think there is a Koha request going in for this upcoming convention for and you know, various line items of that convention will be part of that kasha request and so proof will 01:20:37,170 be in the pudding. Either they’ll say yes or no and. Yeah. And so. Thank you. OK Thanks, Dennis Anything else on that topic? If not, we can move on to the second page of the agenda, item 12, just some additional correspondence and information if you so desire there’s 4 platts there that are listed. 01:21:00,900 If you want to reach out to Wendy and get additional information on any of those, you know, feel free. um if nothing, no topic there is, uh, additional discussion. We can move on to item 13, approval of this month’s bill. Mr. 01:21:19,730 Chair, uh, board members on page 24 is a summary of the bills, as you noticed, um Wendy sent out an updated agenda book yesterday, um, and part of that driver was just there was a pretty good influx of additional bills that we thought we should get taken care of right away here. 01:21:40,370 So, um so just make sure you’re looking at the newest form of the agenda book. Um, one note is that in the details of the of the gender book, you know, the detailed bills. You’ll see one from cowboys that um is not on this summary list, and that’s because we through the somewhat snafu of of issuing checks that weren’t to the right name and they ultimately 01:22:02,800 got cashed anyway and so they basically owed us money before this invoice came in for this month. So it’s there, we should be all square, I believe after this, this cycle. But um with that, I guess, um, I would move for approval of the payment of bills in the amount of $1158,827.34. 01:22:25,270 Good. I motion my manager Reepen and seconded by manager Jones to approve this month’s bills in the amount of 158,827.34. Any discussions, questions, comments on that? Not hearing any Wendy, take a roll call vote, please. The Commission. Yes. Manageri. Yes. Manager Jones. Yes. Manager Smith. Yes. Chair Landenberger. Yes. Motion passes. Bills will be paid. 01:22:51,500 Mister Chair, one, clarification, uh, Wendy, I need, uh, validation of payment for the Braun Intertech to submit to the grant application for the HMGP and I’ll need verification of this current invoice for Houston that goes to the Apple Creek Watershed projects. 01:23:11,230 Whether it’s a canceled check or however you want to do that, um, but I’ll need those for the reimbursement request. Makes sense. OK, thank you. And I believe they sent one recently that said uh the total, and I think those have already been paid. So, OK. Uh, the one that we just got was, was the one that’s in the packet today. OK. Yeah. Thank you. 01:23:29,530 That just, just to clarify. You shoot me an email of what you absolutely need and I will get it to you. I will, I will do that. OK, thank you. 01:23:46,970 Hey, Michael, just seeing the USGS Apple Creek stream gauge on the build just kind of you know, had me think of that, uh stream gauge area and there was the issue and we, we were reaching out to the state to see if we could determine who. Yeah, I sent a note. That’s the sheet pile we that’s out there. 01:24:00,530 Um, I did send a note back out to Kare Goff, and she’s going to look into it. She says she requested staff look at but hadn’t heard anything from them, so yeah, she is looking into that again. Well, that, that was never officially a, a, a complaint. It was more or less. Mre an inquiry. Yeah. Yeah. 01:24:15,270 And then, like I said, I had the call from the USGS and um they said it does somewhat benefit them, but they never put it in, but in the records, the state says that they own it and they don’t, um, so the state says USGS. Yeah, the state has signed it to the USGS, but they said that it’s not ours. OK. 01:24:32,000 And we don’t know who put it in, so it’s those small dams are out there, um, by statute, I believe that small dams are assigned oftentimes to the water resource districts, so I don’t know where this one’s going to go, but um I think I know where this would go. Yeah. Just saying. It’s all. OK Very good, thank you. 01:24:53,170 Yep OK, um, moving on, I guess, uh, we will now move into our executive session Um, so we entertain a motion to hold an executive session pursuant to North Dakota Century Code 44-04-19.2 to discuss negotiation strategy with our attorney related to easement acquisitions in the McDowell Dam project. 01:25:20,530 Um, the board has already provided notice of this executive meeting in its agenda for this month. Some moved. Yeah, got a motion by Mad Jones. I’ll second, seconded by Man Reep to move the executive sessions, so we will do that