00:00:04,370	5:00 to. We have a chaplain. Please. No, chaplain. Okay, we’ll dispense with that and we’ll go right into the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

00:00:42,270	I’ll call the July 20th, 2026 meeting of the Burleigh County Commission to order. First item is roll call members. Commissioner Woodcox here. Commissioner. Munson. Commissioner Bakken here. Commissioner Schwab. Chairman. Bitner here. Uh, next is the approval of the agenda.

00:01:10,600	Um, any additions, subtractions? Anything you want to chat about? Um, I did get a text from City Commissioner Connelly that he doesn’t get off work until six, and he wanted to know if he could speak on one of the items under the item ten. And I said yes, if the meeting was still going on. So, um, if he’s here and we’re still meeting, then we’ll give him a chance to speak.

00:01:31,400	Otherwise, we’ll just move on. Sure. Do you want to move item ten to the last item? Then, just in case. I think that would be appropriate. Okay. So we’ll move ten down to. All of ten. Uh, since I’m not I’m not sure which one is I should look.

00:01:57,530	I would move to approve the agenda with that. Um, addendum. Moving ten to the ends ahead of other business. Probably, yes. Maybe. Uh, in front of the state’s attorney. At least that would probably be more appropriate, because we’ll usually, if we have to go into. Yeah, exactly. Yeah, yeah, yeah, I would have made my amendment. Okay.

00:02:22,700	Is there a second. Second motion and a second. Any further discussion? Call the roll. Commissioner Munson. Yes, Commissioner. Bakken. Yes, Commissioner. Schwab. Yes. Commissioner Woodcox. Yes, chairman. Bitner. Yes. Motion carries. Consideration of the July 6th, 2026 meeting. Minutes and bills. Commissioners who had a chance to look at the bills.

00:02:43,200	Mr. chair, I approved the bills this afternoon and would move to approve both the meeting minutes and bills. Second motion and second to approve the meeting minutes and bills. Any further discussion? Call the roll. Commissioner Bakken. Yes, Commissioner. Schwab. Yes, Commissioner. Woodcox. Yes. Commissioner. Munson. Yes. Chairman. Bitner. Yes. Motion carries. Next is.

00:03:03,830	Public comment is restricted to Burleigh County residents and landowners. You know the rules. Um, anybody wish to speak under the public comment, period? State your name for the record. Sign in.. There you go. Green light on. Oh, we got it. Uh, commissioners Kayla, Co, Burleigh County resident.

00:03:27,970	I have a public comment on one of the agenda items, so I would leave it to chair if you would want me to wait until then. It is, uh, item ten that you’ve moved on the agenda. So would you want me to speak now or later? Well, typically, it’s appropriate to speak during the agenda item.

00:03:43,500	This would be for items that are not on the agenda or or on a previous meeting. Well, I will come up at that point. Okay. Thank you. Thanks, Katie. Anybody else wish to speak? Uh, Jim Cook, uh, chairman and commissioners, I’ve been here a couple of times, and now it’s been 11, four months since the roads up in Gibbs Township.

00:04:08,900	Uh, there’s been no progress whatsoever. Nothing’s being fixed. Uh, just a lot of birds out there that are 11in high. Um. Thank you. Asphalt. And a couple. Questions is if someone’s not familiar with that area and they run into that damage of the car, who’s liable for that? Just a question. Because in the end, I can answer that in the end.

00:04:32,600	That would be Gibbs Township. Okay. So can I ask why nothing’s being done? Seriously. I mean, I’ve called two times and they say we’re aware of it, and and they’re just getting worse. There’s more and more as these as this breaks up, it’s getting bigger and bigger. People are going around, uh, dodging.

00:04:54,830	Uh, so I’m just really curious. Are they out of money? Are they not going to want to fix these things, or are they going to wait till it gets worse to cause some more? I mean, is there anything the county. Can do to shed a little light on that for you? Okay.

00:05:10,300	Just my understanding is that first off, it’s a township road. It’s White Township Road, right? Okay. So they contract with the county to do the repairs. I don’t know the status of their finances. I do know that that’s been an issue for them. And they’ve had conversations about that.

00:05:32,800	Um, but what is happening right now is that county staff is focusing first on county roads and county projects. So when the county, um, got behind on a on one particular project, which would be Apple Creek Road right now, I think, Dan, you can probably clear that up for us, but, um, they got behind, um, or not necessarily behind, but some other priorities got

00:05:54,230	ahead of it. So it’s just simply we don’t have the manpower and the equipment to be all places at all times. So they’re prioritizing, um, if there’s a safety hazard, it sure appreciate knowing about it. And I think we’ll have them take a look for sure.

00:06:13,970	Um, however, the priority is the county roads. Then it would be the township roads after that. Sure. So, you know, when they did the big damage, they hired an independent contractor to come out and fix that at first. Yeah, that was the township footing the bill on that, so. Okay. That would be a question for your township board. Okay. Well.

00:06:34,670	They only just always say we’re aware of it, but I’m just wondering if any. So that that helps explanation. Yeah. And if they do want to come out and look it’s on Dakota Country Drive. It’s 11in tall.

00:06:52,970	So if someone does hit a, you know, crawl over that with a vehicle and that night and don’t see it, they’re going to get some damage. So. Great. Well we’ll we’ll we’ll sure have them take a look and make sure that it’s in some kind of safe condition. But any actual repairs is going to. Thank you. Yep. You’re welcome. Thanks for bringing it up.

00:07:08,330	Anybody else wish to speak on public comment? Anybody else wish to speak under public comment? Last call for public comment. I’m going to close the public comment period and we’ll move on. Um, the consent agenda. Commissioners got abatement. Special event permits or raffle permits. Anything you want to talk about in particular, pull off the consent agenda. Otherwise, I’d entertain a motion. Move to approve.

00:07:30,700	Second motion and second, to approve the consent agenda. Any further discussion? Call the roll. Commissioner Schwab. Yes. Commissioner Woodcox. Yes. Commissioner. Munson. Yes. Commissioner. Bakken. Yes. Chairman. Bitner. Yes. Motion carries. Next is the public hearing. Page seven. On a you Mary Bond, who’s got that one? Welcome.

00:07:59,100	Please state your name for the record and sign in there. Please, sir. Kevin Dojima. Kevin, welcome. I’m Jerome Richter. With the University of America. Welcome. Uh. Chairman and commissioners, thank you for having us in with the agenda item. We have been here before, and we appreciate the support of the Mito bond request.

00:08:25,830	On behalf of University of Mary, that a bank will be leading the effort on tonight. Our purpose here is to, um, adopt the resolution for issuance of the Mito bonds. And the reason that we are here is so the size of the Mito bond being 60 million in total.

00:08:44,900	We need multiple municipalities to, um, commit their bonding authority for this. Uh, Burleigh County has committed some of those, uh, some of your bonding authority, as have these three other jurisdictions. So City of Braddock, City of Wilton, and City of Linton for this first tranche.

00:09:05,170	Um, the reason that we need this resolution adopted and the intergovernmental agreement is that the project and the funds are being expended in Burleigh County. So Burleigh County is the host jurisdiction for this project. And so you are basically allowing the other municipalities to also participate in this project with their bonding authority. So, um, that is kind of the high level piece of what it is.

00:09:26,570	Uh, this is for a total of 34 million of the 60. So I will tell you that we will be back because we have to have another meeting as a public meeting with Burleigh County for the other, uh, $26 million. That will be, uh, probably in September when we close a second tranche of that funding. Okay.

00:09:46,800	Uh, are there any questions on the resolutions or any other explanation that any of the commissioners would, would care to have? I think you provided a pretty good explanation. We did have a question about what was the purpose with the with us having this for the the other political subdivisions.

00:10:02,270	So the jurisdiction in your jurisdiction. So you have to approve the others joining on or piggybacking on to to this county. Right. Okay, commissioners, any questions. Move to approve. Second. I hang on, commissioners, um, this is a public hearing. Oh that’s right. Yeah. I neglected to mention that.

00:10:23,170	And I was going to insert that. Right. So this is a public hearing on you, Mary Bond. Uh, does anybody wish to speak on this item? Again? This is a public hearing. Anybody wish to speak? Third call, public hearing. Anybody wish to speak? I’ll close the public hearing commissioners. I have a question on this.

00:10:43,430	Okay. Is there any improvements you’re going to be doing to properties within the city limits? Uh, no. These would all be on the university, Mary’s campus. All the improvements would be on the University of Mary’s campus. Okay. In the city? No. No, no.. Oh. County. Yep. Okay. We have a motion and a second. Yep. Okay.

00:11:09,570	Any further discussion? Call the roll. Commissioner Woodcox. Yes, Commissioner. Munson. Yes, Commissioner. Bakken. Yes, Commissioner. Schwab. Yes, chairman. Bitner. Yes. Motion carries. Thank you, gentlemen. Thank you. You’re welcome. Thank you everyone. Thank you. Item number eight, Sheriff Lieberman, OHV enforcement update and a quarterly update. Welcome, Kelly. Good evening, Mr. Chairman and Commissioner Pear. Now it’s on.

00:11:37,900	Uh, good evening, Mr. Chairman. Commissioners. Um, actually, both items tonight. I think you’ll appreciate hearing. Um, so I’ll start with the ATV or OHV. Uh, enforcement, kind of the status Commissioner Munson had spoke with me, asked me to kind of provide a update of where we’re at and what’s transpired over the last couple

00:12:04,500	of months. So basically, if you remember, um, in about May or so, we talked and I had stated that we were going to, um, dedicate some of our overtime budget to be more visible out there and ultimately doing more enforcement.

00:12:31,300	Um, and so over the course of May 1st through last Friday, um, these stats are pretty current as of then. So we’ve done ten overtime shifts. That’s, uh, four hours at a crack with two deputies. So a total of 80 hours of overtime enforcement, um, the estimated cost on that.

00:12:53,700	And I say the estimated is because we don’t know in our department, um, everybody, deputy through sergeant, is eligible for overtime pay. Uh, once you get into lieutenant, you’re exempt from overtime pay. And so we don’t have lieutenant and above working the overtime shifts.

00:13:13,370	Uh, we don’t know who’s going to take these shifts, so we kind of base it off of a general estimate of what it’s going to cost us based on the average salaries for those, uh, deputy corporal and sergeant pay grades. And so we had an estimated cost of those 80 hours is about $4,960.

00:13:41,770	Um, when you look at all of the activity and when I say all the activity, I’m talking patrol generated and the overtime generated, um, during this activity period, May 1st through July 17th, there was 17 citations issued. Um, of those 17 citations, uh, the citations were for exhibition driving registration violations, driving on the roadway, helmet violations and no OHV certificate.

00:14:11,770	Um, so there was quite a few, um, when I looked at this, it was primarily for driving on the roadway and exhibition driving, which is what we heard from a lot of the people through the public comment. Um, during that time, also, 11 formal reports were taken. Um, five of those reports were for violations that were either cited in the juvenile court or referred to the State’s Attorney’s office for for the prosecution.

00:14:38,000	Um, also in that time, uh, we generated 40 what we call calls for service. So there they don’t rise to the level of a formal report, but there weren’t they weren’t documentation. So that we can review them later.

00:14:58,930	Um, of those 40 calls for service, 28 calls for service came in the month of May. So I don’t want to jinx us because I thought we were there before with our other patrols we did out there, but we have seen a very steep decline from what we were seeing in May to what we’re seeing currently in July. For example, in July.

00:15:21,630	I can tell you I think we’ve had one, uh, report taken, a formal report, and we’ve actually had, I believe, two calls for service and two citations. So definitely a decline in what’s happening. Um, of these calls for service, basically, we broke them. When I look at what they were for, we had, you know, a lot of them were citizen complaints.

00:15:46,700	Um, some were cleared, some were unfounded, some we got a call. The activity wasn’t currently occurring, and a lot of them ultimately end up being negative contact. That’s where a citizen reported a situation.

00:16:08,670	Our deputies responded, but by the time they get there, uh, depending on distance or call activity, um, nothing was going on at that time and they couldn’t find the people. Uh, we had OHV related questions. We had some of the calls for service were deputy initiated extra patrol, which is a plus when they’re free and had time. They went to those problem areas.

00:16:32,230	Uh, we did have one that was from an OHV rider initiated complaint against the landowner. Again, that didn’t result in charges. Um, and then a couple of them were deputy initiated educational opportunities. That’s how I would classify them. Basically, they saw ATVs or motorcycle riders. They stopped out with them and educated them on the laws of what’s permissible and what’s not. And ultimately, we even had one deputy. Thank you.

00:16:57,770	Uh, where a citizen flagged down our deputy and thanked them for what they were doing out there. So, um, I spoke with Commissioner Munson, uh, shared a Facebook post with him. Uh, no matter what we do, I always say we catch it from one side or the other.

00:17:18,970	And so, uh, there was some anti sheriff’s department posts on Facebook over our activities. Um, you know, but I go back to my friend, Representative Todd Porter, when he said one day at the legislature, he said, we got the Republicans mad and we got the Democrats mad. I think we’re making progress. And I would say the same thing here.

00:17:42,000	Any questions on the OHV activity? Mr. Chair? Commissioner Munson. Uh, Sheriff. Lieberman. I’ve had. several phone calls that we have dispatched, and. This number is. The same a dozen officers to the to the desert on the specific Saturdays or Sundays for enforcement.

00:18:04,930	Have we ever had that many officers on duty that could go out to the desert to do that at one time? So, uh, Mr. Chairman, Commissioner Munson, fellow commissioners, um, actually, I wouldn’t say a dozen. That seems probably a lot, but I’ll give you a little history of our desert enforcement, and it’s kind of what we talked about with AUVs.

00:18:28,470	Um, so if you go back in my career of 36 years, I can tell you the desert of today was nothing like the desert of the early 90s. And even before that.

00:18:46,730	And so the problem is, a lot of times we would have a deputy go down there on patrol, and I can tell you on like a 4th of July weekend, um, that deputy was outnumbered. Um, it was there was a common belief you could do anything in the desert and get away with it. And that probably, unfortunately, wasn’t far from reality. Uh, our normal patrol deputies, we wouldn’t ever have really enough where we could saturate that area.

00:19:12,300	And so there was always something going on at the desert. Um, it was about probably, I would say the early 2000 that we kind of shifted our focus. And even with some of our overtime enforcement, instead of just sending a two, 1 or 2 deputies down into the desert, what we started doing was what we called, you know, targeted enforcement.

00:19:34,770	And so basically, um, back in the early 2000, uh, what those operations looked like then instead of 1 or 2 manned cars, we would get a big group of deputies. We would actually send game and fish, um, down there or across the river to spot in advance. And then the highway patrol would work the roads outside of the desert.

00:19:58,630	And so we would send a big group in there that we could address problems. And for example, game and fish would spot across the river with binoculars. People using drugs on the sandbar. So when we rolled in, they’d tell us which car, uh, which tent, whatever.

00:20:23,230	Um, who was engaging in that prior to our arrival? So, uh, we have made huge strides in the desert area because of those targeted enforcements. That’s all, uh, money that we have got from the Corps of Engineers to conduct that. But have you had done that this year? Uh. I don’t know for sure.

00:20:43,100	I would assume we probably had some operations down there just to stay on top of things. That that was the the concern, if you will, that we’re down there often in that same thought process. Yet this year. And I thought I would have heard that from you before the residents.

00:21:06,570	I wouldn’t say it’s often I you know, we probably do that 2 to 3 times a year. Obviously we have active patrols in that area just because the problems we’ve experienced over the years. Thank you. Well, I jump in on that a little bit, but I think that if there’s a law enforcement presence, it’s going to be because of a problem. Absolutely.

00:21:27,270	You know, and I think that part is pretty clear. I think if I go down there to the desert, chances are pretty good. I don’t care how many officers down there. I kind of like the fact that they are right, because I hear too many stories about problems down there.

00:21:41,930	So I want to thank you for doing that. Thank you. Okay. Let’s move on to the quarterly update. Okay. Uh, the quarterly jail report again, I think good news. Uh, one of the things, you know, we’ve kind of been talking about this for a while, too. So, um, just a quick recap. Our average daily population.

00:22:08,370	Excuse me? Average daily population. Um, when we open that facility was about 300, uh, post Covid, we were probably down in that 185 range. Um, and then after Covid, we started seeing, you know, that number go back up.

00:22:34,030	Well, then when, um, like Burleigh and Morton weren’t having the same high numbers we had for whatever reason, um, that’s when we turned to looking at these contracts. Um, and as you recall, I’ve talked to you about more staff, uh, which equates to us being able to bring more prisoners in under these contracts. So just to give you a look, our average daily population is 403.

00:22:54,500	Um, that was our most recent number. Uh, we actually have hit in the four 30s a couple times. Um, which puts a little stress on the operation, but we’re able to manage it between the prisoners that are coming in that we can control the ones being arrested in our jurisdictions, and then working with our contract partners.

00:23:15,100	Um, the good news is, um, as of the end of June, we have billed 4,023,221. Um, if you look at 2025 at this time, we had built 2085 and $367, and then you go back to 23 on the back side of Covid, we build $976,067.

00:23:48,770	So really where the jump went from this year to last year was we implemented that state contract of doctor prisoners. So we have 120 guaranteed beds in that facility. And that’s what’s equating to this number. Um, our alternatives to jail continues to fluctuate. And if you remember, that’s our alcohol sobriety testing programs and drug testing programs.

00:24:13,830	Currently, that number is a little higher than we’ve seen at 290. But again, the good side is those people aren’t in the jail. And the other good side of it is they’re not in the jail at our expense. Um, because these would be our prisoners. We’d be paying for, um, staffing continues to be an issue.

00:24:34,830	You know, uh, we ended 25, I think I told you, uh, fully staffed, I thought, okay, we made it. We’re here. Uh, that didn’t last long. Um, so, again, we’re continuously hiring, but again, I keep saying the good thing is we’re not losing our people because they don’t want to work

00:24:52,530	for us. We’re losing them because we’re giving them experience. And they’re going on to other law enforcement jobs to advance their career. Um, like I said, the contracts is what’s driving our revenue. And we’re really, um, I think hitting our stride with these contracts. Um, our staff is getting up there.

00:25:15,370	We’re, you know, constantly hiring, which keeps us from falling behind because, really, that’s what dictates how many of these contract beds we can have is how fully staffed we are. And ultimately, tonight, you’re talking budgets.

00:25:41,430	Um, we have in our in our budget for additional detention officers, which will allow us to continue to bring in more contract beds and generate more revenue for Burleigh and Morton County. Any other questions on that, commissioners? Any questions? I’m not seeing any. All right. Pretty thorough. Thank you. Thank you Sheriff. Okay. Item number nine Funatix. Uh, red, white and boom. Event update. I still got all your fingers and. Yeah. Oh, yeah. Yep. Yeah.

00:26:18,770	That’s the one thing I did not do was shoot them off. We hired a highly trained pyro technician, so, uh, commissioners, just again, I just want to start by saying thank you.

00:26:34,000	Um, uh, this year, uh, again, to celebrate America’s 250th birthday, uh, we came to you a few months ago to ask for some, uh, some special funding to an event you’ve supported before. But this year, we wanted to make it bigger and better, um, to have a real celebration here in Bismarck, in Burleigh County.

00:26:46,200	And I’m excited to report back to you that not only was it a great success, but it was, uh, it was, again, a huge increase, actually, from last year’s event. And so just wanted to share a few of the the stats, highlights. Uh, and again, just share my compliments and thank you to you guys for that.

00:27:02,030	Um, so this year again, it was held for the second year at the Community Bowl. Um, we we did some enhancements. As you know, we had the drone show, which was which was fantastic and increased showing the for the fireworks. We also added some more family activities.

00:27:21,530	So started at 6:00, had inflatables, a bunch of different, um, um, different craft stations, uh, areas that kids and families could go to of all ages. Uh, we increased the security and safety. Just with an event like this, there’s some expense to make sure that people feel, uh, feel safe and feel welcomed. And the statistics were pretty amazing. We actually ended up having 8700 people used a system called Place Area that shows cell phone data in the area.

00:27:37,830	8700 people came inside the bowl that night. The MDU Resources Community Bowl. And then there was over 11,000 people on campus. At some point in time that night. So, I mean, we were driving around in golf carts.

00:27:53,830	Um, I mean, just up outside in the parking lots, uh, anywhere there was grass, there was lawn chairs, lots of coolers. I don’t know what was in that coolers, but people look like they were having a good time. Um, and, uh, and just people were out celebrating.

00:28:05,300	And I’ll say this as someone who goes to a lot of large games, a lot of events in our community, um, the demographic was incredible. I mean, truly, it was every walk of life, um, every age. Um, you know, one thing I think we really found was there are a lot of people, a lot of mobility issues as one area. We’d like to probably put some more fun in this.

00:28:19,100	Golf carts, volunteers, you know, I mean, people just wanted to be somewhere for America’s birthday. And so, I mean, it just it truly was a collection of our, our community, uh, and, uh, and it was just an awesome night.

00:28:34,430	So I think that’s the main highlights, but just wanted to again, uh, see if there’s any questions, but just, just again, say thank you. And not only again, maybe a little plug for next year. But not only was it a special year, but I will just say this, um, our community, um, I think we need more things like this. Things that are free, um, things that anyone can come to.

00:28:50,030	But they’re not just maybe thrown together. They take real planning. They take real purpose. Um. They’re different. They stand out. Um, you know, and I think that’s what made this special was anybody could come, but it was something that people really had never, never seen before. Right. So, um, so again, I just want to thank you.

00:29:05,000	We could not have done it without you. And a lot of our other partners. Um, and, uh, excited to see where we can take this thing in the future. So, Commissioner Bakken. Uh, John, thank you for putting that on for the community. And great event. I stopped out there and and, uh, you’re right. The crowd was absolutely phenomenal.

00:29:20,930	The entertainment, the food, everything was, uh, pretty much went off without a hitch and really good event and way better than Morton County. So. And Mandan. So I appreciate that. So thank you very much. Sure. Anybody else? Thanks. Nice. Yeah I. Had he had. He had to do it didn’t he.

00:29:37,870	They had a pretty good show on July 3rd. I got you know gotta him that. Here’s his better.. Ours was better. We were better. Yeah. All right. Well thank you for the update. Really appreciate it. I don’t see any other questions. So thank you. Thank you very much guys. Thank you. You’re welcome.

00:29:53,330	Okay. We’re going to move to item number 11. Uh, County Interim Finance director Schmidt. Preliminary budget review. Welcome. Good evening, chair Bitner and commissioners. Um, so I’m here tonight to present the 2027 preliminary budget. You should all have a binder in front of you.

00:30:19,330	Um, now, even though you’ve all done this more than I have, I just want to quickly walk through the process of what we’ve done so far and what the rest of the budget process looks like.

00:30:34,100	Um, so we had all the department heads submit their requests for what they wanted, and then we had a budget committee comprised of our county administrator, Mary Singer, myself, auditor Mark Splonskowski. And then we had our treasurer, Britt and Rob help us as well. Um, and so we went and almost everyone presented to us. And then we had a discussion and got some additional information that is in your budget book now.

00:30:47,470	So there’s some even just notes on some of the departments. But also then we made some recommendations based on our discussion. Um, one thing I want to point out, and I’ll say it again, probably when I get to the memo, is that the budget itself is based on the department head request.

00:30:59,700	So we didn’t want I didn’t want our recommendations to be the default and have something maybe not get discussed by the board. So we just we’re keeping that process the same, or we’re starting with the department head requests.

00:31:12,400	So if you choose to adopt any of our recommendations, that would be something we’d have to amend before we approve the budget. Um, and then tonight, obviously I’m here presenting the budget. The deadline for the preliminary budget is August 10th. We have to set the final budget hearing, the public hearing for the final budget, and then obviously approve the preliminary budget. Um, and again, that’s by August 10th.

00:31:27,900	But we do have another meeting until then. So if we don’t get it done tonight, that’s fine. I know last year it went to meetings as well. Um, and then in the off time after it’s approved, we’ll continue to refine the estimates.

00:31:40,700	You know, as we get more information, I can come up with better numbers for our how this year is going to end and maybe some revenues for next year. Um, and then we’ll have that public hearing, which again, you guys will set but is already on the schedule for September 21st. And the same thing there. The final budget has to be approved by October 10th.

00:31:54,670	And so we have that extra meeting in October if we need it. We’re after we present the final budget, have the hearing. If we need more time to come back, we can do that. Um, and then after it’s approved, we’ll just move to my office, we’ll calculate the mill levies and get the tax statements prepared.

00:32:07,900	Um, so if anybody has any questions on the process, I can stop or I can just head right into the memo. Any questions on that process for. Okay. Go ahead. All right. I’ll try not to read this word for word. Um, but basically I’m here tonight to present the preliminary budget.

00:32:21,300	Again, as I said, it was prepared and coordinated by the Budget committee. Um, excuse me. Um, and as I said, I know I just said it on repeated the department head request what the department has requested, that is what’s in there. That’s what makes up those totals.

00:32:37,300	Um, as far as the property tax caps, um, what we did with the sales tax for the general fund, since we are in kind of a unique position, I did the exact same thing that our finance director did last year, where I basically started with the levy, assuming we didn’t have the sales tax, did the cap calculation, and then

00:32:50,870	subtracted the sales tax off of that to come up with a cap, because we are still decreasing. So it’s hard to say exactly what number we’d be shooting for. So that was the reasonable way to do it.

00:33:01,630	Um, that we that’s what we did last year as well. Um, and then for most of the other funds, I did just take a 3% increase, you know, ran them individually even though it is an entity level. It’s the whole county ran them through individually to kind of see where those would land.

00:33:15,300	Um, and then the exceptions to that are, um, you know, because we did have that additional sales tax. Come on. One thing, we started with, um, highway, the budget committee, we had suggested that the highway levy be increased. Um, the capital improvement fund, we have that in the budget as well.

00:33:28,770	And then there was just two of our other budgets, the senior citizens and the Wheat Board. They are currently looking at some budget deficits. We have used reserves in the past to fund those, but they’re running out of reserves. And so those are increased just to keep a baseline, not to add any reserves.

00:33:41,070	Um, and then again, I guess I said it twice in here that the general fund, I guess here’s the dollars. So the cap calculation came to 23,750,000. But we’re anticipating about 22.8 million in sales taxes.

00:33:57,370	I have we’re going to get a deposit here at the end of this month, and then one more month, and then we’ll know the final number by the time we have our final budget hearing. Um, and so that’s a levy in the general fund of $930,000. And then the other kind of just things to note here for, um, salaries and benefits for staffing. Um, the department heads total um, requested six additional FTEs this year.

00:34:13,070	And then we did prepare the budget, the salaries and benefits. And I think this already came before the board. We operated on assumption of 1% or, sorry, one step increase in a 2% Cola, um, and also a 4% increase in the health insurance premiums. And so that’s a total increase of about 2.75 million.

00:34:28,570	And that actually is just a 7.22% increase just on salaries, not on the total budget. Um, and then lastly, just have the total levy for all funds. It came to 12,775,000, which is a decrease of a little over 2 million compared to last year.

00:34:46,270	And then that little section at the bottom, that’s just the general fund. Um, so revenues are anticipated to be about 41.4 million. Um, we have expenditures budgeted. Again, the requests at 45 point about 7 million for a difference of about 40 or 4.2 million.

00:35:02,030	Now, one thing I want to note there, and this is very similar to last year, is a good portion of that is just a budget deficit. We at the county, we budget very conservatively and spend very conservatively. So we the big things that always kind of result in on where we over budget, where we have money left over at the end of the year is salaries.

00:35:13,870	We budget for worst case scenario. So, you know, for example, if I have a single plan, um, or sorry, if a vacant position is there, we have a family plan budgeted. Now, a lot of our newer employees, if they’re younger, they just get a single plan. But we never know. So we budget for the full family plan.

00:35:25,630	We budget for all the vacant positions to be filled, which as we know, you know, that doesn’t always happen. And even if there’s turnover, you have a few months maybe where you’re waiting to fill that position. So you have some salary left over.

00:35:38,900	Um, so those types of things, um, and then just there’s always some contingency in everyone’s budget, you know, everyone budgets for maybe a vehicle they wanted to replace, but now they don’t need to. Or maybe there was a desk that I, you know, wanted, but I wanted surplus property for cheap.

00:35:48,230	I got a, I got a chair at surplus property for like 20 bucks. So we, we like I said, we spend very conservatively, but we do budget for worst case scenario that way. It’s already, um, already appropriated. And so that’s why last year, I believe and I have it on my computer here last year, I think the shortfall was about 3.

00:36:01,770	5 million. But we’re looking to not have any shortfall basically for 26 now this year because it is an increase, especially with that big chunk in salaries and benefits. Um, I would anticipate about a $1.5 million budget shortfall in the general fund.

00:36:17,770	Um, looking at our reserves, that would put us, I believe, at the end of 27, at about 30%, which is approaching where our fund balance policy says that we should try to increase reserves. So that wouldn’t be, you know, that wouldn’t put us in a danger zone. But it’s obviously not sustainable to do that forever. So that that’s but again, that’s an estimate.

00:36:33,830	Um, and then obviously as I already as I already said, as as time goes on, as we get closer to the final budget, I get more data to work with. So I get a better idea of where the years at.

00:36:45,730	So if revenue estimates go up or down, I’ll have those. And so we’ll have some closer to accurate numbers as we get to that final budget hearing. Um, and then now that’s all I have on the memo.

00:36:58,500	But just to reiterate again, we have to set a date for the preliminary budget or the final budget hearing, and that’s already set at 921. So I’ll just need a motion for that. And then this budget has to be approved by August 10th. But again, not not tonight if we don’t want to because we do have another one. Um, and then the one reminder that I forgot over here was just that this is the preliminary budget.

00:37:12,700	Um, this is historically been the starting point. We can’t go up from the preliminary to the final. So I know some things. I think last year the bond for the Provident made it in and got removed afterwards.

00:37:26,630	So if you’re considering like a first for that general fund, if you think there’s a chance you’d like to increase the general fund levy, that would need to be done tonight. Because if we don’t do it tonight, we can’t do it for the final budget. We can’t go up. Um, I know that was a lot, but now I’ll stand for any questions. Okay, commissioners, you have questions. Mr. Chairman? Commissioner Woodcox. Um.

00:37:43,970	Couple questions. What was the general fund balance at the end of 25? So I’m sorry. , you said about 30 million. So 30% would be where it would land. Um, at the end of 27, the ending balance was about 17.8 million. So that’s where we started this year.

00:38:05,070	Right. And the 2% cost of living I think that’s a little low. What Pam, do we have any idea what 1% if it went from 2 to 3, what that would cost us. She usually gives me that figure. But do we know? She said around 3 or 400,000. Okay. I’ll put down 400.

00:38:31,730	I’m going to need a little bit of time to look through this budget. Um, I just I just saw an email and I got to the first page and something else came up. So, um, I haven’t had a chance to spend any time at all with it.

00:38:45,100	So I think what we should do, um, unless you commissioners are in a hurry, I’d like to put it on the agenda for the next meeting and and have a conversation. Then. Absolutely. Okay, so I’d rather not approve something. I haven’t had a chance to look through. Mr. chairman, Commissioner.

00:39:06,430	Woodcox run that past me again about the the general fund balance. If we want to increase. So we’re more comfortable with with the range that we’re in. Is that would that what you mean? Yeah. So with the general fund I just stuck with that. Like I said, it’s it’s our own version of a 3% cap.

00:39:18,800	It’s kind of a self a self-inflicted cap, so to say. Because we we brought on that sales tax revenue. So we don’t really have a cap. Um, so that was, that was again based on basically taking the sales tax out, doing a 3% calculation and putting the sales tax back in.

00:39:34,400	So if you wanted, you could increase the general fund levy. I didn’t want to put that in. How do we do that? You would. Just move. Move to approve it and vote on it. And then I would change it in the budget. Yeah. I’m not I’m I’m not at all in favor.

00:39:51,330	And I warned about that during the legislative process that just automatically increasing everything by 3% I think is a mistake. I don’t believe it’s appropriate to the citizens. And I think that we need to be careful with that. You know, some things are going to probably go up more than 3% in certain budgets.

00:40:07,430	But but just to assume that your budget, not yours, but I mean, just in general terms, I like it for the math part. I think that’s an appropriate path to take. So we know where we don’t want to exceed. But I think just automatically saying, well, your budget is going to go up 3%, whatever department it is.

00:40:22,570	I just don’t think that’s legitimate. So but I’d like to go ahead and review that and go through it again at the next meeting. Sure. Commissioner Bakken. So. And I’m not a believer in that 3% cap because I don’t think we fit into the state formulas anymore.

00:40:43,300	But we’re because we don’t know what the legislature’s going to do this next session. Got an inkling, but we’re not sure where does this budget, as it currently sits, leave us for. If it stays the way it is with the state, with the 3% cap that they’re imposing? Well, you as a board still have a few options for flexibility.

00:41:03,430	I would say. Um, last year, just as a recap, you did, um, we chose not to bond the Providence, RI renovation. We did use the reserves for that. But you did pass the refunding resolution that’s necessary to allow you in the future, if you would want to bond that. Um, I think and I would double check.

00:41:18,700	So don’t quote me on this. I think you have quite a bit of time. It’s even a year after completion of the project to decide to do that. Um, so that’s one option for flexibility.

00:41:30,800	And then that we don’t have one yet and it is in the budget this year, um, a capital improvement levy that has some flexibility. I know it specifically called out that you could use that to fund some highway projects. Obviously, if there’s any general fund things that would be considered capital improvements, you can use it to fund those. And so that’s more those capital improvement funds are designed as savings accounts.

00:41:45,230	And so, you know, if we accumulate a balance and there are four projects, you know, I know I’m looking at our county administrator, if we get a strategic plan then things can be shuffled around in the plan. You know how that goes. You have a ten year plan and you decide to move half of it. So there is flexibility there.

00:41:57,830	But if if we if nothing else changed, um, you know, as I said, the, the, the budget, um, ending balance would be about 13.5 million, but realistically it would be closer to 16 million. And so, I mean, obviously if we did nothing, that $1.5 million shortfall would get bigger every year.

00:42:16,500	So 5 to 10 years, you’d lose all your reserves, other or cutting expenditures is obviously the other side, but. That’s my biggest concern. Just because we don’t know what’s going to happen to the legislature, so long as we’ve got some flexibility in there to be able to maneuver, and I think that’s important.

00:42:33,070	I’d rather we didn’t start out with a plan to dip into reserves. Right? Yeah, we got to we got to do whatever we can to not be doing that activity. Well. A great example is the highway department to because it seems we’ve got projects that come up all the time.

00:42:48,300	It’s like, let’s make sure they’re funded correctly so that we’re not coming back in addressing, oh, well, we got a project we got to dip into, we got a project we had to get their budgeting done. Right, because that’s that’s one of the biggest and most important budgets in the entire county. So it’s. Making sure that’s done.

00:43:05,070	And it’s also our biggest complaints. Yes. You know and so I noticed in here it’s the highway budget is less this year than what was last year approved. And that makes me nervous because like Commissioner Bakken said, we’re we’re back asking for general funds every once in a while.

00:43:23,830	And of all people, we need to be proactive. I think Commissioner Schwab has done a good job about being proactive with bridge maintenance and roads. That that saves us money long term. And I think that’s very important that we look at that. Mr.

00:43:41,430	chair, one other question I would have for the committee, the job Development Fund, was recommended to go to zero. Uh, I’m curious as to why that. Okay, Taylor. One thing I will say is what we, we were looking into and that’s, that’s in your, your packets.

00:44:01,170	Um, one of the things we were looking into, especially not to get off topic, is some of those weird budgets that we’ve had that supplies budget, the publishing and printing budget. And I know some of those are they’re created in Century Code because there’s things where the board has to provide. I think it’s as simple as pens, paper, stationery.

00:44:14,700	And so one way to do that is to have its own budget. Now, you could still do that. And what our recommendation was is just put it in the Treasurer’s budget, because that’s it’s typically been in the auditor’s budget. So you don’t need all these different budgets floating around.

00:44:26,430	And so one of the things when we were looking into the Job Development Authority is that it’s not a requirement. It’s something you have the authority to do. So it says you may levy funds for a job development authority, not that you have to. And so I believe that was one of the reasons.

00:44:38,730	Just just so you’re fully aware that you don’t it’s not something the county is required to do. It’s something that we have the option to do. Okay. So we have the ability to add that back.. And it’s still in. There at next meeting. It’s currently in there. We recommended to remove it.

00:44:54,570	But again I base the the department head request based on the the kind of status quo. Yeah. Well I think I think everybody probably knows, um, we don’t have enough employees for available jobs already. So developing more jobs, job development is kind of hurting us. I don’t, I don’t, you know, we can’t seem to.

00:45:21,870	We can’t I hear it on an almost daily basis from cohorts and, and, you know, other companies and everything else that we just have this severe, um, labor shortage. So I think that may be something we need to, um, employee Development Authority, maybe not a job. Anyway. So my point would be that it’s probably something that has outlived its usefulness. Okay. Anything else you want to add, Commissioner Woodcox.

00:45:45,870	A couple just a couple comments. Do you notice the 1% sales tax brought in 22 million? I’m rounding them off 22.8. And we’re going to levy 23.7. This $0.

00:46:09,570	01 sales tax that that was passed by the citizens is going to eliminate virtually eliminate less than $1 million will be levied for for the general fund because of that sales tax. So that’s a phenomenal phenomenal event for the citizens of Bismarck. That’s a verdict. That was the conversation. That was the reason that it came up. That was the whole point. Had it worked, was it it’s I am so happy about that. I could just jump, you know.

00:46:27,670	If I could my second, my second question, how are we doing on the budget for the provident Life building in general? Are we? I know we’re using general fund reserves to supplement that. Are we are we okay so far. Still in line. Yep. Okay. And I just want to jump in quick there.

00:46:45,130	So the general fund reserves were transferred to a capital improvement fund for the Provident Building. So they’re already out of reserves. And it was transferred just enough for what the bid was approved for. So they’re already set aside. So that’s that’s already there. So that’s not part of. The there’s no contingency balance for the general fund.

00:47:00,530	So yeah the general fund is not we’ve not agreed to transfer any more money out of the general fund for that. So those numbers I gave you are already with the provident money moved out. Okay. And what was that amount a ballpark seven, 7 million. Got to be close to 17. I was to say 17 million is.

00:47:16,000	In my. opinion there. Minus the Arpa. Yeah. There were there’s a lot a lot that’s going into it from all kinds of different funds and whatnot. But the the initial amount, the initial bid amount has changed upward, some because they ran into things like asbestos.

00:47:35,470	And that’s what scares me, is that a big old building that you’re remodeling, who knows what you run into. And I don’t have the number in front of me. But obviously that money was transferred there I think, at year end last year. So it does earn interest now as we spend it. It’s going to earn less and less.

00:47:47,130	But that’s that’s where some of those I think we had a conversation about something else maybe I don’t remember exactly what, but there is that interest in there that can be used as well. Great. Thank you. Okay. Commissioner Schwab. That 930,000. $470 is your mic on? No. Okay. That $930,000. That would. Be the actual. tax that. We’d be leaving. Just for the general fund.

00:48:19,000	Okay. Well. If things go. Good with the garrison. Version, that’ll be probably close to zero. That’s a good point. Because that’ll knock out 760 60,000. Is it still in here? Is it still in this budget. So that’s not in our budget. No it’s not.

00:48:40,370	Basically they tell us what they’re going to levy, which is just one mil. And then we levy. It, but it’s going to take down the tax, the tax for the, the people. Besides our budget. Yes. Yes, that’s what I’m getting. Yes. Kind of a Christmas gift. Christmas ever comes okay. Any other questions regarding the budget for okay.

00:49:04,830	Thank you I appreciate that. Great job. Incidentally thank you. Yeah. I, I don’t know who else attended, but. Uh. Um, I attended the meetings for my portfolios and they ran that very well. So Taylor and staff did an excellent job with that. Very good. That’s a good pat on the back. Congratulations you guys. Thanks for sharing that.

00:49:37,530	Okay. We’re going to move on. Commissioner Schwab Missouri Valley Complex weed control report. Yes I think you guys all sort of all saw I think everybody saw the pictures on the back. Uh, that’s what you call a fire hazard. And when I drove through there, I just.

00:50:09,430	Decided we got to do something immediately with that. So I hired a company to go and do it. And it’s done now. And the next meeting, we will have, uh, photos of what it looks like, but the thing about it is, is that we can’t keep having this problem arise.

00:50:40,270	And at the next meeting, Darren Johnson will be here with the options of what to do with that land, how to get it back where it should be, and then I’m going to recommend that we let him take care of the weed control out there, because the committee isn’t doing it. So he said he could supervise it.

00:51:06,030	And we got our sprayers. Now, getting back to this, uh, this I’m the company that went in there. Bismarck excavating and, uh, the total bill on that is $3,630. 33 hours of work. A lot of it had to be run across twice, some three times. That’s how bad it was. So I’m going to be doing the bills next week.

00:51:41,070	And I’m going to give you a bill for. I believe $341. No. $214 to cover the fuel cost. So you’re getting a free ride on this one, but not next year. But I do want to be paid for the fuel.

00:52:09,400	It’s 33 hours of work, and if anybody complains about it, well, not much I can do, but that was a field decision that me and Darren made. When we were out there. We looked at it, said, jeez, somebody throws a match there. Yeah, it would be just terrible. So I need kind of a consensus. It’s at a rate to build $214. To from from the Wheat Board to.

00:52:31,170	Uh, from the, from the Missouri Valley complex. I think we should. I think it’s good initiative. I would really caution you about hiring yourself, but that’s fine for me because of the fuel thing. But I think as a minimum, reimbursing the fuel is no problem to me. I would move to a. Well, that’s it’s either that.

00:52:52,330	Or I would move to reimburse the fuel next. The next time around, that’s what you’d be staring at. Yeah. I have a motion. Is there a second, second motion and second to reimburse the fuel costs? Mr. chair? Mr. Munson, if I can.

00:53:10,100	So back in December 14th, an email was sent out specifically to Commissioner Schwab Marcus Hall and Darren Johnson asking for assistance to come up with a plan to take care of this very valley complex.

00:53:32,600	And the Park district properties based on what the Park District had done for us in the past and what we should move forward with in the future, Marcus Hall responded and had some great ideas. Uh, Steve Schwab turned me into the state’s attorney, accusing me of, open meeting violations, which he was explained that that was not an open meeting violation.

00:53:58,770	So last meeting, when Commissioner Schwab was standing here talking about how we needed to have a better plan, and this all could have been avoided, the attempt was there in December of last year to head all this off at the pass. But Commissioner Schwab chose to avoid it. Or instead of avoiding it, try to prosecute me for open meeting laws. So I take a lot of offense to what Commissioner Schwab brought up last meeting.

00:54:25,000	And currently this meeting. And I know it’s grandstanding and it’s vote getting, and it’s trying to figure out a way to get elected again. And that’s fine. I can do that. I can handle that at this meeting. And I can have those conversations now.

00:54:46,630	Do I agree that we should pay the company that did the mowing? Absolutely. Should it be Commissioner Schwab’s company? That’s a little unethical, but I still would be okay doing that. Okay. Had no, I’m not done. I am not done. Good. Keep going. So keep digging. If the portfolio holder would Would have been involved in the conversation up front. That’d be different.

00:55:08,200	It’s no different than the last meeting. We talked about the stuff down at the. Kimball boat ramp. I already had a dumpster delivered that I had to pay for that got nothing put in it because before any conversations with me as to what Commissioner Schwab was going to do, and I do appreciate Commissioner Schwab’s help in cleaning up

00:55:28,030	that garbage. But now I have $287 worth of dumpster fees that go to a waste to the county. The plan was in action. The portfolio holder was in action of doing the job.

00:55:52,830	Had there been a concern or a conversation in December or January or February or even March, this could have all been avoided in the first place. So I’m not I’m not saying no to to paying for the company that did the work. In fact, I think it’s not fair to only pay for a fuel. I think there’s someone was going to get hired to do that job.

00:56:11,100	But the fact that it was done without Chair can call it an initiative. But the plan was was requested for assistance. And I got nothing. So I’m not really excited about that site. I’m done. You can go ahead. You had. An illegal meeting through the emails. Not according to the state’s attorney.

00:56:36,030	I’m going to ask you, how many times have I asked you to drive through these places? Seven, eight, nine. And you refuse to cooperate with any commissioner to do this or work with any commissioner? It comes to a point. If you’re not going to work with the commissioners and I see a hazard, I’m going to tackle it.

00:56:55,230	I don’t it’s not any. I. Don’t. It’s just the fuel money. I will refuse it now. I will refuse it. And, uh, I thought it’s a good deal. You’re saving 3300 bucks.

00:57:16,130	Well, if that’s so important to you that you want to run me down for fixing your mistakes, fine. But to say that we can leave that stuff up there, and. Oh, I did this, I did that. I couldn’t even respond to your email because you had two other commissioners on it. That is a meeting. Oh, it was. Yes it is. Yes it is.

00:57:33,730	Attorney said it was not. It was a request. Well, for you to review. If you read the trade, if you take, if you take, uh, the training that I took, it says right in there. And I went back and checked it. That was an illegal meeting. Okay. So. No.

00:57:53,630	The to blame. To blame any efficiencies on me. When I see a problem, I tackle it. I don’t fool around. You’re going to do a job. Toughest thing about doing a job is getting started. And then the second toughest thing is doing what you’re supposed to be doing to finish it.

00:58:13,970	And I cannot drive by and see hazardous and dumpsters full of maggots and say, where in hell is the people responsible for this? I am going to take care of it. Just like. Chair Bitner when we had that snow deal and the roads were real bad.

00:58:41,500	You told the highway department, get out there and get all the gravel on the roads you can. I didn’t complain about that, but I can check in with you because you do not want to talk to any other commissioners about this. You’re so merry to that Bismarck Mandan Park board business. Bismarck man, Bismarck Park board. And I have told you, get off the park board and represent the county.

00:59:01,430	If you want to do that well. But to sit and run me down and say, I’m not doing my job. I never said you weren’t doing it. I did my job, and there would have been a fire out there. Who would have taken responsibility for it.

00:59:18,300	Now, at the next meeting, Darren Johnson and I, we have talked about it and I asked him. To come up with a plan because it’s all got to be either reseeded or turned back to production. There’s no grass hardly out there. And also you’re going to be hearing from Dan.

00:59:43,770	We are looking at roads down at the desert that are going to be gravel. We can’t do them yet. I forgot people call me. Well okay fine. But part of those roads belong to the state game and fish. Okay. We got to find out.

01:00:08,530	And it sounds to me like they are paying for maintenance on them roads until we get the okay from them. So we know he’s going to pay for that. Okay, that. Makes sense. We’re kind of at a standstill. That’s in the works. Very good.

01:00:28,600	But I do resent the fact that you’re trying to put the blame on me, that nothing’s getting done because you, sir, are the guy that is not responding. The last time I asked you to go through this stuff, you turned around and walked out of the meeting room upstairs. Didn’t even answer. Well, if that’s your attitude, I can’t help it. Then I’ll act alone and I will not take any money for this.

01:00:49,600	Okay, well, we do have a motion. And a second. We do have a second. Correct. I second. Yeah, we have a motion, a second. Um, I think in spite of the personal differences here between the two of you, that it’s fair for Burleigh County to um, certainly pay pay for your fuel on that thing. And I.

01:01:08,270	Won’t take it. Well, you can turn it down. The. You can turn it down, Commissioner, when I say. I’m not going to withdraw that motion, if you want to donate it, feel free. But that that there was a service provided and given fuel costs. Right now, that’s a minimum. Mr. chairman. Yes, Commissioner.

01:01:25,930	When you say you paid for it, you mean you personally paid for it? Yes. Yeah. Okay. Yeah. And the other $3,000, whatever it was. That would have been what it would have cost you to do. What I. Did on the machines and labor. And. That’s right.

01:01:44,130	I realize that, but is that your company that did that? I never intended to build you guys. Yes. I did that. Did you get the photos next week? Of what? Next meeting. What it looks like.? I’ve just. I’m trying.

01:02:00,200	I think we the county and the complex should be paying for an all of the fuel, but the whatever other expense was expended because it was a it’s a complex problem. It’s a complex expense whether you want to take it or not. That’s up to you. I don’t know anything. About that. I don’t want anything. That’s the way it’s going to be. I will refuse, period. Okay, well, we’re going to take action on the motion.

01:02:17,830	Any further discussion on the motion? Call the roll. Commissioner Munson. Yes, Commissioner. Bakken. Yes, Commissioner. Schwab. No. Commissioner Woodcox. Yes. Chairman. Bitner. Yes. Motion carries. Would you? Yeah. I understand the the whole conversation. I just want you to know that I appreciate you in the initiative and doing that.

01:02:44,070	And also, um, I think perhaps we could have some discussion about things that need doing around here at the table. Um, prior to them getting out of control, I think that we’ve had discussions in the past about utilizing the highway department, and that’s outside of their wheelhouse.

01:03:05,170	We have I know we have contract people engaged for the standard mowing, because I saw them out there mowing. As a matter of fact, today, um, with a with a machine with, uh, probably not a big mower like he had, but, you know, a similar kind of thing. I do.

01:03:24,500	Know note that there is additional weeds and, and whatnot, you know, um, um, that, that in addition to that particular area, we focused on that area simply because it was, um, the seeded areas. And, and I do know the fairgrounds has other other weeds that we really didn’t talk with Darren about. So we need some additional involvement there. And Darren and I met. On site. We went through the entire complex. Oh, okay.

01:03:47,030	And his contractors were billing me for us for doing all of it. Yeah. Okay. So there’s already something in place because some of it looks like it hasn’t been hit. Okay. Um, as of. Gets resolved with the discussion, when we get to the point of a county park district as well. So at least that would be my hope.

01:04:07,130	Yeah, I don’t, I don’t I don’t see that as being a. Different are we we are still the weed board. Is that correct? Yes. Correct. I think we need to go. And just like this controversy here, why don’t we go back to having a weed board. Transparency.

01:04:30,170	Transparency does not want to have a civilian court. He likes it the way it is. And I asked him. Well, then he reports to you and then you’re making decisions that may be beyond your ability that we should know about. Well, I’m not going to wait around. No, I know that I really. Need to get rid of a fire hazard. That’s what. Makes. The.

01:04:49,330	Field decisions. That’s what makes me think we need to have a weed board. Otherwise, you want to call a special meeting of this board to decide whether we want to spray some weeds. That doesn’t make sense.

01:05:02,700	Well, do you want Darren then to come in and give you the options? And, and at that time, we can we can give him the authority to take care of the weeds next week. Next year. Sure. I think, and then we don’t have to worry about it. He’s the most overqualified guy in the county to do it. Well, he’s certainly qualified. Um, I think, yeah.

01:05:22,470	I figured out what a dandelion looks out, and I know, I, I know what they are because I see them all over town, but still, I still love saying I’m a weed officer. Well, um. I don’t know that a weed board or a civilian weed board would have made any difference to this conversation, because this.

01:05:45,530	We should we discuss it? We did discuss. Yeah, we sure can. But, um, we did discuss the spraying and whatnot ahead of time. The thing that we didn’t talk about was what happens after the spraying. Of course, the weeds are all going to be dead. And it was.

01:05:59,000	It’s such a large volume of weeds that it created what I think he justifiably called a safety hazard. You know, fire danger. So is it is I well, I know what you’re talking about, though. Like this. They’re all dead. They’re laying down.

01:06:15,300	But, boy, that’s a weed hazard right there. If that lit up, that would be like a prayer for you. Wouldn’t believe. that’s that’s a good. So. So have we eliminated the the fire danger. Pretty much.

01:06:31,370	You don’t think that thing would burn if we got it? Well, where I mowed on the north side, there was so much, uh, earth pheasants in there with, uh, babies, baby rabbits. It’s not. Yeah, I bet I spent an hour just chasing animals out of the way so I could mow some of that stuff, but it’s on there. Isn’t that high stuff there.

01:06:54,530	It’s mostly grass on the north side. It was a it was the east side that was the worst. Really, really bad. So if you go out there, you can drive in from the east, going west, and you can actually now see the gardens over there. And that’s never, never happened for years. Okay.

01:07:22,730	Anyway, I don’t want to sit here and argue about it. So we haven’t voted on the motion yet. We did. Yes we did. Okay. Do you want to change to the okay. All right. Got me lost there for a minute.

01:07:49,770	Um, any any additional conversation as far as any other costs there? I know you mentioned additional costs, and I’m sure he won’t accept it, but, um, you know, I, I really don’t expect commissioners to be paying out of their pocket for county business. I just I just have a real hard time with that. And the need was great.

01:08:14,730	I noticed that there’s just yesterday or today, the Extreme Fire Danger Index kind of stopped right here at the edge of Bismarck. And that’s over in Morton County and right kind of down around to our south side. So, um, you know, if you. Throw a red flag up today because of the wind. So. Right.

01:08:30,700	And so, you know, we all have to be real aware of what’s going on with the with the fire danger. Um, so if you guys want to do anything with the remainder of that bill or an additional discussion, I just don’t want any commissioners to be incurring personal expense.

01:08:47,730	Fact is, I was kind of getting bent out of shape about the things I was having to print that all my ink and my paper. And so I’d kind of like to get a ream of paper and maybe a thing of ink out of the county, um, which I suppose would be no great big burden, but, you know, and I think you’re all

01:09:04,100	probably in the same situation, you know, so I think maybe when we’re, we’re doing the supplies and stuff like that, we should probably be looking at just getting the commissioners machine model and whatnot and get them some ink and, and some paper. Moving to the future, do you guys think.

01:09:23,200	Makes a lot of sense? Okay, I think we can make that happen. That’s a small thing that doesn’t require commission action. So okay, um, we’re going to move on. Now, I don’t know if Mike Connelly made it here yet. Nope. Okay. It’s ten after he said he worked til six. I think we’re going to bring up.

01:09:43,830	Excuse me, County Planning Director Flanagan. Um, we’ll start on these. I do know that it was the Claudy subdivision, so we’ll just kind of move that one to the bottom there, and it’ll still be in the same thing. So. Welcome, Mitch. Good evening, commissioners. Mr.

01:10:03,230	chair, first up is the, uh, resolution to end certain ordinances. We have nine ordinance articles that we’re working on, um, to, to amend due to some of the major changes to our jurisdiction. For one thing, uh, to bring our ordinances up to a little bit more on speed to what’s going on.

01:10:25,100	Um, I would like to say that it’s these ordinance. The intent was not to increase our regulations or or, um, restrictions on land use in Burleigh County, but to create more allowances for them. So this resolution is for basically to to set the stage to, for public hearing to the Planning Commission to allow these changes. Okay. Move to approve. Second.

01:10:57,670	Okay. I have a motion to approve, um, resolution to amend certain ordinances. Mr. chair, Commissioner Munson. Submit that does put two. Public hearings at the commission. Level or at the planning and. zoning level. It’s either if you want one there and one here or both at the Planning Commission.

01:11:21,770	It’s you know, it’s up to this board here. The intent is to have two, four because these are ordinances that you need to two public hearings. Well, we’re typically in public hearings for zoning ordinances went on are all held at the Planning Commission.

01:11:46,430	And then the recommendation is forwarded to the county commission, and we’ll hear it anyway, I’m sure you know, but it won’t necessarily be a public hearing. But the public is certainly welcome to be involved. We, you and I are both at those meetings. I think they’ve been pretty well vetted. Um, already, as we we were pretty picky about that, Commissioner Buck.

01:12:03,130	And the only time I think there would need to be a public hearing at this table is if there was a denial when somebody went through that process, then. Right, that would trigger a public hearing. Again, as part of that vetting process. Yeah.

01:12:22,230	Um, there was there was ample discussion about property rights and increasing people’s abilities for building sizes on their property and all kinds of nice little things that I think are overdue. So, um. So I my personal opinion is that we just go with our normal process because this is not a it would be different if this was a home rule charter ordinance, but it’s not.

01:12:46,200	This is a standard standard ordinance activity for the county. So, um, any further discussion? Call the. Roll. Did you want to speak on this one. On ordinances? Okay. Go ahead. Commissioners, again, for the record, my name is Kayla Ko. And this discussion helped immensely with the questions that I was going to bring before the commission regarding the process going forward.

01:13:14,370	I had heard, uh, differing opinions on if there was going to be a public hearing on the ordinances. And it sounds as though there is going to be additional opportunity. And I thank the commission for that.

01:13:35,230	If I could respectfully request that the public have access to almost a side by side document highlighting the substantive changes that have been made, I have listened to all of the hours that are planning and zoning Commission went through a lot of work, as well as our staff. Um, but there’s a lot of confusing things in there.

01:13:54,430	So if there’s any way to basically highlight that so that then the public input is a little bit more important. That’s a good point. Okay. I can I can assure you that the existing documentation is all available online. And because this is a public and open process, any of the changes will be documented as part of the agenda packets, which is certainly available at anybody’s request.

01:14:11,500	And in fact, you can request to be on the mailing list for the agenda packets for whatever you want to get the agendas for. So I think there’s there’s that answer’s already in place. Right? I, I’m well aware where they’re at. It would just be nice to be able to easily highlight.

01:14:30,230	I haven’t seen the most final that came out of the PNC yet so. Well that’ll that’ll be part of the agenda packets. And you can access it. Yep. Publicly. Yeah. And that was just my question for the public comment is if there was going to be any further public hearing on it or not. So I appreciate that.

01:14:46,370	Yeah. There is that’s part of the process. Thank you. Okay. Any further discussion. Call the roll. Commissioner Bakken. Yes, Commissioner. Schwab. Yes. Commissioner Woodcox. Yes. Commissioner. Munson. Yes. Chairman. Bitner. Yes. Motion carries. Next, let’s skip to Nature view drive. Uh, nature view drive or Claudius subdivision. Skip to nature view. Oh, I see, sorry.

01:15:11,970	Yes, Commissioner Connelly makes it here. He wanted to talk on cloudy subdivision. As a courtesy. We’ll let him. Okay. This is, uh, a variance request for 501 nature view drive.

01:15:35,930	Um, Justin Kittson intends to build a 36 by 48 foot 17, 128 square foot accessory building and is requested an increase allowance to a lot coverage. A lot, lot information is the 1.492 acres would allow a 2599 square foot total accessory buildings. There is an existing one of 1384. Subtracting that total of coverage, he leaves 1215 square foot for an for an accessory dwelling.

01:16:03,770	He was asking for a 513 square foot addition to that. There was some, uh, discrepancy on the application because one part of it said 36 by 48, the other part said 32 by 48. Um, so that’s it was approved for the, um, 32 by 48. But he’s asking that that additional 300ft be included in there. Okay.

01:16:29,770	Commissioners, um, Mitch and I had a discussion about this. Um, um, first of all, I’m going to support this. The, uh, we’ve long had a history now working with the City Planning Commission of approving oversized buildings. Um, because I think it was, well recognized that the lot coverage requirements were insufficient for most people there. They just never increased in size.

01:16:53,630	And people got bigger campers, bigger boats, bigger, bigger toys, and and so the ordinances that we were just talking about in the previous item are going to increase these, these, um, um, building sizes and whatnot. So it’s my opinion that, that this is certainly within the the conversation that we’ve been having about ordinance changes.

01:17:17,830	And we’re we’re probably likely to be and um, and when it came to the question of the two different measurements, I just figured it was a typo of some sort, and I thought it was really immaterial to the actual request. And so I, I’m supportive of this, um, of this request. Mister chair, Commissioner Munson submit.

01:17:38,170	She’s actually asking. for 813. Not 513. The, um, the difference is the 1728 minus the 1215, which is a 513 square foot increase. Yeah, I wasn’t sure. Because it was 36. In 1 spot and 32 in the other. If we needed. To cover that. 300 in our. Motion. I think a motion to approve the, uh, 3648.

01:18:09,600	, 46. I’ll make a motion to approve the 36 by 48. Second motion and a second to approve any further discussion. Call the. Roll, Commissioner. Bakken. Yes, Commissioner. Schwab. Yes, Commissioner. Woodcox. Yes, Commissioner. Munson. Yes. Chairman. Bitner. Yes. Motion carries. Highland Park Estates subdivision plat. Okay, we’ll get to you next. We held this one for you.

01:18:30,900	Uh, Highland Park Estates, second subdivision. The owners intend to combine these two adjacent lots into a single lot subdivision. The short plaque contains a total of 3.94 acres and will remain in the R-1 zoning district. Stormwater management waiver was not required.

01:18:53,670	A paving waiver was not required at the July 18th public hearing, the Planning Commission recommended approval by a vote of 9 to 0. Stand for any questions. Move to approve second. Or second to approve any further discussion. Call the roll. Commissioner Schwab. Yes. Mr. Woodcox. Yes. Commissioner. Munson. Yes. Commissioner. Bakken. Yes. Chairman. Bitner. Yes. Motion carries. Next. Claudy. Subdivision and zoning changes.

01:19:13,770	And as we noted at the beginning of the meeting, um, Commissioner Connelly city commissioner, um, has requested to speak on this item also. So go ahead. Mitch. Commissioners. Mr. chair, this was the owners was was presented at the July 8th meeting.

01:19:34,500	The owners, Tim and Mallory Claudy, would like to create a ten acre, one lot subdivision. They plan to subdivide this 45 acre parcel into two, a two lot subdivision. One lot will be 35.24 acres in the Re and retain its agricultural zoning. The second lot will be a total of 8.41 acres, with a zone change to an R-1.

01:19:55,000	Stormwater management waiver was approved on June 6th. The paving waiver was approved on May 4th. At the July public hearing, the Planning Commission recommended approval of a vote of 8 to 1 for the final subdivision and zone change. This was a rather, um, long discussion on this. We had two meetings on this one.

01:20:14,730	It was tabled because all the information that we needed to discuss on it, but it came through as an 8 to 1 approval. Um, some of the questions, I mean, it was brought up many, many times, many, many people talked about this and the vote was 8 to 1 to approve. Okay.

01:20:35,930	Commissioners, any questions for Mitch on that? Commissioner Bakken. So, Mitch, what was the. Main dissension topics? What were people concerned about? Uh, the owners intend to put a school, private school there, a nonprofit that is, um, standard of K one school or pre-K, I think. And so they were opposed to having any school nearby.

01:21:03,100	Um, it’s, you know, they had stated dust, uh, traffic problems, safety on the highway. Um, kids safety of kids against, um, livestock. They’re constrained on enrollment on this, though, correct? I they plan on having, uh, up to 30 kids. Okay. So a sizable daycare potentially, if you want to put it in those terms. Yeah.

01:21:34,070	It yeah, that’s a small school. I think it is. But I mean, it’s I’m not an expert on schools, but there was many, many people allowed were talking about this. And those questions were brought out. They were discussed and they were, you know, considerations were made on each one of them.

01:21:54,330	Thank you. Mitch. Yeah, I knew this was the school discussion. I just wanted for those that are watching at home, that may be somewhat familiar with this, but may not know all the details. It’s I just wanted everybody to know that this is that school discussion.

01:22:14,570	Okay, well, if you don’t mind, um, you know, we’re going to give other people a chance to speak, and, um, first would be Commissioner Connelly, welcome. Thank you. Chair Bitner and commissioners. I’m also the one of the two, uh, city commissioners that sit on the planning and zoning.

01:22:59,070	So I was there for both meetings, and, um, as far as the finding of facts that we all have to look at on the planning and zoning, um, it met all of those check marks and that, um, carries a lot of weight with things. And as it should, because there’s a lot of vetting that goes into our ordinances. I think you spoke about some of that just before I got here on another issue.

01:23:20,670	But, um, in this particular case, um, there’s some neighbors that, uh, worked together on a petition and they went around and they talked to one another, and there were several items on that in the first meeting. The petition was, um, shown on the screens. Mitch requested it a couple of different times.

01:23:42,230	It wasn’t shared with him. We actually didn’t get it until, um, around noon on the second meeting during the particular day. I did go out there at the request of one of the commissioners and drove the area.

01:24:03,570	I actually went out there four different times, and as near as I could, I checked out some of the petitioners and I stopped by different residences. Um, the people that were circulating the petition weren’t always, um, genuine. And how they shared the information they would share. One particular point with somebody they were talking to. They weren’t actually reading the petition.

01:24:24,230	I’ve been part of a lot of petitions, and they kind of cherry picked the items and things and, um, so that was disheartening because after talking to and I’m not going to share particular names of the people because they all still have to be neighbors going forward. But when it came down to it, um, there’s no harm to gun rights here.

01:24:44,700	Everybody will retain their gun rights. That was a big one. There was also, um, well, if a school gets here, then roads will be built differently. That was something that was floated and that would be a big process that would have to come in front of the county.

01:25:03,500	And those are the types of things that got people to sign the petition to lay wait, saying, we don’t want this project and genuine honesty is the best way to have these conversations. And that’s why I wanted to come here, is because it puts us on the back burner when we’re sitting.

01:25:22,230	Are you guys sitting at the table when people aren’t genuine and, um, share the information? Is bring stuff vetted out. Let us take it on merit. But, um, leveraging people makes it really difficult. And I think that should weigh as part of your decision tonight, too. And I’ll stand for questions from there. I mean. Good commissioners. Any questions for Commissioner Connelly? I don’t see any. Thank you.

01:25:45,300	Okay. And I’ll just say I was one of the eight that voted yes. Mr. Chairman, I was out there also in, uh, the only real concern I saw was the roads and the roads.

01:26:02,370	The roads I were on were gravel, which is in the whole area, but they were in good shape. Now, I don’t know about the wintertime or whatever that was. The concern was brought up. But any opinion on your from the road situation, because I thought they were great county roads.

01:26:21,400	The roads are a little bit soft with the mixture and things, but even in town and things, if I have kids in my car, especially 3 to 7 year olds, which would be part of the school project, um, I would venture to say I’m going to be very cautious because, I mean, anytime you’re on gravel, um, your rear of your tires kind of roll over each other.

01:26:44,830	So given the hills and the topography, I would think that the Claudius would caution people when traveling in those areas because there’s always blind spots on hills, even in town. Um, I guess a side note that I would add. So I appreciate that question is, is that I was a foster parent and she growed up. That’s why I’m not anymore.

01:27:01,370	And, uh, we deal with a lot of things by way of kids. This is a pretty neat idea that they’re sharing to where there’s no screen time.

01:27:18,970	Um, and impacting kids 3 to 7 years old on the front side of things before we have to react, um, at a later time. But as far as the roads, um, they are in good condition. But I was out there on a wet day, and it was even it wasn’t worse. It’s just you have to adjust for the conditions. We live in North Dakota. Uh, Mother nature’s bipolar, and she’s always off her meds, so we got to. Adjust. It’s funny.

01:27:37,670	Okay. Thank you, thank you. All right. Along the lines of the roads, um, our highway department guys, county engineers and staff did go out and and do some checking on the road and see if there was any particular things that needed to be changed in the event this passes or anything.

01:27:54,700	So they’re already well familiar with the with the concern and any possible things. Right? Yeah, yeah. It’s not in his head. So so thank you. Appreciate that. Anybody else wish to speak on this. Anybody else wish to speak. Good evening. I’m a just this right away before I forget okay. Mallory Clardy and I am the applicant.

01:28:25,730	Good evening. You have all heard me talk. Plenty or most of you. So I’m going to be quiet, and I’m just up here in case there are any questions. Okay. Anybody have questions for Mallory? Mr. chairman, I think she faced a lot of questions. Go ahead.

01:28:45,100	I know you have a similar facility in Mandan or Martin County. How’s that working out? Any problems with that? Any complaints or anything? No, none. So how long has that been in business? You know, what would it be? All right. If I had Cassie? Come on. It’s more appropriate to ask her. I’m Cassie Quintus, the lead teacher for wonderful, wonderfully wild. Our nature school.

01:29:07,300	And we’ve been in operation for five years. Um, right now we have. We’ve had up to nine kids and. No. No complaints. Um, the one time in five years that a neighbor has talked to me, one of the parents said, parked slightly in front of their driveway. They had come home early from work.

01:29:21,930	Usually they were gone because we operate between the hours of 730 and 430. So it’s when most people are at their jobs and we are serving their kids. Okay. Commissioner Woodcox um, do you ever keep the same hours as regular schools, as public schools? Summertime. You get off for three months or whatever it is? It’s a.

01:29:40,200	Good question. Um, we operate following the Bismarck public school schedule, um, going into this next school year. But we do offer summer programming because a lot of our families, the parents work year round, and we are trying to offer a program that meets the needs of the families, um, as well as

01:29:58,570	giving kids this opportunity all year. Summers are amazing to be outside. We know in North Dakota sometimes winters get too long, but summers are so fun. Okay, good. Thank you. Okay. Any other questions? Thank you. I’m not seeing any questions. Thank you. Anybody else wish to speak on this item? I don’t see any Commissioner Bakken. Go ahead.

01:30:22,600	Mitch. Um, being that it is a school and, uh, we’ll be served by rural fire, were there any concerns as far as, uh, ingress and egress? As far as fire having to get out there or EMS? That wasn’t, uh, there was not much discussion on that. Um, the matter of fact, he didn’t comment at all on that.

01:30:46,600	Okay. That would be my only concern about the quality of the road in the winter and making sure that, you know, some roads get plowed before others. So, um, if we’re going to have a bunch of kids out there, then that’s a concern to me as far as the ability to get EMS there.

01:31:04,770	Yeah, they’re 136th Avenue is a major road. And so so it’s 41st. I mean, there there’s busy road. It’s, um, a lot of a lot of people use it. Okay. Mister chair, Commissioner Munson, you know this this brings a unique situation in front of us.

01:31:24,730	If this was just being looked at as a change to residential, we wouldn’t have any other conversation. Nope. But because it’s a school, this has had a lot of other conversations that went around it, and that’s what’s made it tough for, I think, for everybody.

01:31:48,570	If we were in a simple change to residential, this would have been through planning and zoning. The first conversation, we’d have seen it a month ago. It would have been done. Uh, we’re now, uh, the the Klattes have told us and told their neighbors that they’re going to they plan on doing a school with it because as Mitch and I’ve talked, once it becomes residential by

01:32:08,300	right, it can become a school. You can put a school there. Uh, so it’s it’s created a lot of interesting conversations within the planning and zoning group, uh, among staff, amongst us. And it’s.

01:32:27,870	Well, and I commend them on being forthright with it, too, because they could have just gone the residential and just say, hey, we’re going to plop the school down. It’s like. Oh, that’s that’s what I said. Thank you for reaching out to your neighbors and doing good outreach. I mean, that’s important in the community. And I think they did a really good job of that. So. Yeah. Okay. Um. Mister Chairman, Commissioner.

01:32:46,630	I did visit with our superintendent, our rural superintendent schools, Brandt Dick, last week, and we have 7 or 8 rural schools that we already managed.

01:33:04,370	This has not come into their jurisdiction at all because it’s private and we have no input technically on what we can tell them to do or any nothing related to the school at all. We have no no input at all. So we’re no liability there either. So correct. Okay. Uh, motion. Move to approve. Second motion and a second to approve quality subdivision zoning changes. Any further discussion? Seeing none, call the. Roll. Commissioner. Schwab. Yes. Commissioner Woodcox. Yes, Commissioner. Munson. Yes. Commissioner. Bakken. Yes.

01:33:28,600	Chairman. Bitner. Yes. Motion carries. Thank you. Commissioners. Thank you. Mitch. Um. Well, we’re down to state’s attorney, lawyer, emergency management, termination and joint powers agreement and termination of lease agreement. Commission may enter into executive session pursuant to North Dakota Sanitary Code 4404. Dash 19.1. Parentheses five. Julie.

01:34:02,000	Thank you. The reason that I have this brought up instead of Mary is because we’ve kind of been jointly working with the city regarding our split from the city and emergency management functions.

01:34:17,600	As you may know, there was a 2004 Joint Powers Agreement that was entered into between the city and the county for emergency management functions to operate together. And they really haven’t been doing that. I think one of the functions was that they operate as backup for the other. But, um, it’s kind of an outdated agreement.

01:34:38,070	Um, our emergency manager has been at the Coleman Street building and is now moving to the Provident Life Building. And so with that, we had talked about discontinuing that joint powers agreement. So part of that is written notice has to be provided to the city that we want to terminate the agreement.

01:34:56,100	Obviously, the the writing in there regarding the termination is that written notice has to be provided prior to June 1st of that year, and then it would take effect basically January 1st of the next year.

01:35:11,430	And obviously the reason for that is budgeting purposes, because if we’re going to, um, separate, one of the things in the Joint Powers Agreement is how costs are going to be split. And so, um, they want the written notice, and we would want the written notice to prior to budget hearings being done, and then to take effect when the new budget would take effect.

01:35:27,600	So Mary and I had discussed presenting that to the commission, since that agreement is no longer being followed and no longer needed, that we would withdraw from that agreement. We did meet with the city about that.

01:35:44,770	One of their main concerns, which has been talked about before, is the fact that the city and the county emergency management functions have been, um, conjoined basically at that building on Coleman Street. And we’re separating from that building. Um, the lease agreement doesn’t say how it’s going to be paid.

01:36:04,970	It just says that the lessees are, um, the city of Bismarck, the city of Mandan, and the county of Burleigh, because that lease contains the, uh, the rent basically for the Combined Communications Center, which is still in effect and has its own joint powers agreement and the emergency management functions. And so when we were discussing this with the city, they asked for us to provide a proposal regarding how that lease was going to be. And basically the separation of property.

01:36:26,230	So, um, what I’m looking for is from the commission to decide whether or not we want to, um, basically terminate that joint powers agreement. I do have copies of the Joint Powers Agreement.

01:36:43,300	If you are not familiar with what that document says, but basically it is, um, separating out what the backup functions would be for the city and the county to have separate emergency management functions, and then how the cost sharing is going to go. That’s the purpose of that agreement. Um, incidentally, that agreement also calls for the operations center to be the operations center out at the airport, which of course, they don’t operate out there anymore.

01:36:58,570	They move to this building on Coleman Street. And so since we don’t have that joint, um, emergency management function anymore, it doesn’t pay to have the joint Powers agreement and the split of funds. So that’s the first step. Whether or not the commission wants to terminate that joint powers agreement.

01:37:17,930	Okay, I have a little question for you. It’s a little, um, so you say written a written notice or a written thing. Um, it seemed to me like everybody was well aware of this for quite some time, so does do the emails back and forth with the, um, regarding this topic constitute written notice?

01:37:44,170	Because I think everybody’s certainly been on notice. So I think they’ve been on notice that we’re splitting functions. But I don’t know that anybody specifically said terminating the Joint Powers Agreement. So I don’t know what those emails entailed and whether or not that would be effective. Notice per the Joint Powers Agreement. To.

01:38:03,370	But it doesn’t appear so because I don’t believe anybody said the magic words terminate the Joint Powers Agreement. I see. , Mr. Chairman. Commissioner Woodcox. I remember when we did the original lease. What are we. If we were well, we’re going to move over to the property.

01:38:19,430	Are we still stuck with the rent on the previous building? Is that one of the bones of contention? Um, so the Joint Powers Agreement is what indicates who’s paying for what. The lease agreement itself doesn’t say who’s paying for what.

01:38:36,170	It just says that the lessees, which are the three entities, are getting this portion of the building. And, um. so this is what it costs. And so it’s joint and several basically liability, meaning if one party doesn’t pay one or the other two parties has to pay, and we don’t want to terminate that lease agreement because we’re still part of the central, um, Central Communications Center,

01:38:53,500	which has that lease agreement and is part of that lease agreement, which we are still a part of, because that’s a separate joint powers agreement.

01:39:07,370	So basically, going back to it, the first question is do we want to terminate the Joint Powers Agreement? If we do, then all of those questions come after that. If we don’t want to terminate the Joint Powers Agreement, um, then that’s a moot point.

01:39:24,200	But basically what we would do if we didn’t terminate the Joint Powers Agreement is we’re still splitting expenses with the city emergency management for a building that we’re not in, which doesn’t make sense either, especially when the other functions that are outlined in that joint powers agreement aren’t occurring either. So what’s what? Excuse me? What’s the terms of that lease with the owners of the building? The terms of the lease basically say that the three entities are jointly and severally liable for the rent for this location. Forever.

01:39:46,330	No, for 20 years. But again, it doesn’t say who. Pays. And so the Joint Powers Agreement is what controls who pays, what. So but we would. Still. Be part of a legal battle no matter what we do. Essentially. Possibly. Which is why when we’re talking about the negotiation. Because that’s the second part.

01:40:06,100	If we do want to, um, if we do want to terminate the Joint Powers Agreement, then they asked us to basically come up with a settlement agreement for them regarding the lease and the property and things like that, which is what we would enter executive session to discuss, because obviously, contract negotiations and potential litigation isn’t something we

01:40:23,370	want to discuss out in the open to give away our position and, and those things. And that’s why it would be executive session for that. So again, first question do we want to terminate the Joint Powers agreement with the emergency management. And my recommendation is yes. Because again, we’re we’re not part of that building.

01:40:38,500	We have our separate functions and it doesn’t pay to continue to pay 25% of the total operating budget. Right. Well, I agree with your decision. Commissioner, and having read through it, it like you said, Julie was really remiss on trying to find what parts were applicable anymore because it really is not.

01:41:00,200	So I would make a motion to terminate the Joint Powers Agreement. Second. Or should a second to terminate the Joint Powers Agreement. Um, you heard Julie’s recommendation. Any further discussion? Can we hear from our manager? Are you in agreement with that? Chair and commissioners, essentially, we haven’t been following anything in that agreement. Since 2006. It just doesn’t apply anymore.

01:41:29,470	20 years. Does that have a bearing on the legal standing? Probably not. The fact that we’re not abiding by it anyway. Well, it’s kind of by mutual agreement. And I know that the the Joint Powers Agreement indicates that we’re going to do the split of expenses, 6535 with the city.

01:41:49,600	And that was renegotiated in was it 2006 to 7525? And so that’s the split now. But nobody ever updated the the agreement. And so the agreement says 6535. Yet even though for the past I’d have to ask Taylor how many years we’ve been doing a 7525 split, I believe it is now. Okay.

01:42:10,470	So it’s really. it’s been an outdated agreement, but it’s still in effect regarding splitting of expenses. It just got kind of pulled out of the dustbin. And, you know, just kind of throwing it thrown into the problem. How about Morton County? Are they they’re out of it. They’re they’re on the lease.

01:42:29,730	Well, the emergency management function is just a joint powers agreement between the city of Bismarck and the county of Burleigh with how we are going to manage our emergency management function. And the County of Morton is not on the lease.

01:42:48,200	It’s the city of Mandan, because they are part of basically Central Dakota Communications, which is the 911 dispatch center. And it does more than that. But that’s what we think of it as. Yeah, okay. Any other questions? It got kind of murky, but that’s. Time to start over okay. Call the roll. Commissioner Woodcox. Yes. Commissioner. Munson. Yes, Commissioner. Bakken. Yes, Commissioner. Schwab. Yes. Sharon. Bitner. Yes. Motion carries.

01:43:09,730	Now, as I said, the city wanted us to come up with some sort of negotiation for them as to how we’re going to settle the lease that we have with the building.

01:43:29,030	And for that, again, since we’re talking about contract negotiations and we’re talking about potential future litigation, I would recommend that the county go into executive session for those discussions. I would move that. We go into executive session. Second. For those purposes, motion and a second, any further discussion? Okay. Um, call the roll. Commissioner Munson. Yes. Commissioner. Bakken. Yes, Commissioner. Schwab. Yes. Commissioner Woodcox. Yes. Chair. Bitner. Yes. Motion carries. Thank you. Folks.

01:43:53,030	Um, we’re not going to be discussing any additional business, even though there is other business left on the agenda. So you won’t be missing anything except we will say what we need to say after the executive session. So anybody that’s not county staff or or essential personnel, please