00:00:20,000	Manerre Manger Jones. Yeah. Andrew Smith. I’m here. Chair Landenberger here we have a corner this morning. You know the icy conditions, so they appreciate everybody be able to make it here this morning. and understand for the folks that couldn’t, it’s, uh, can be kind of treacherous out there, so.

00:00:42,430	uh, moving on to item 2 this morning, approval of last month’s meeting minutes. Move to approve OK, got a motion by Manager Jones to approve the minutes. Seconded by Manager Smith. All those in favor say aye. Aye. All right. Who eyes have it, Ms are approved. move on to item 3 amendments in the approval of the agenda.

00:01:07,000	Any additions or changes this morning? If now entertain a motion, move to approve as as presented. You’re got a motion by Man Reep and a second by Manger Jones to approve the agenda as presented. All those in favor say aye. Aye.

00:01:30,530	Hose I have it Agenda is approved Item 4 comments from members of the public, not associated with the project on the agenda. but still, but the business of the Burley County Water Resource District, not seeing any this morning. We can move on to item 5 this morning in McDonald Dam. Uh, first item up, supplemental water supply.

00:01:52,100	Uh, I think we are still in negotiations with the, the one remaining landowner Um, we did send the documents to him, I believe, and he received them and we did get notice that he did receive the, the latest versions of the easement documents based on the, the comments that we have received from him during our meeting.

00:02:09,500	At that time, um, we had the I of Travis if we’ve heard anything from him lately as far as if he’s had a chance to review those updated documents or not, I don’t think we have, but Warren Travis. Good morning. Uh, no, we have not received any response from him other than just a confirmation, confirmation that those documents have been delivered and received by him.

00:02:26,630	OK. And then he signed the return card indicating that, you know, positive confirmation that he himself physically received them, so that’s the only response we’ve gotten so far. OK. Thank you, Travis.

00:02:40,630	So we do have an executive session following our meeting today to kind of discuss what maybe be our, our next steps in, in that negotiation for that remaining easement, so. OK, uh, moving on to the next item there, the Odo Heritage point grant application was submitted. We are, we are on their docket today to present the Travis and I will be heading over there after this meeting to present at 10:30 this morning.

00:02:59,800	Um, it’s a short 10-minute presentation with maybe, you know, 5, 10 minutes of questions. So, um, I did, I do believe, I think I saw there was 18 applicants. Yeah. That, that go around.

00:03:14,270	So, definitely some competition, but, uh, certainly we have a worthy project and we’ll see how it goes this morning. So, be able to update the board, uh, hopefully by next month on where that sits for that, uh, Oter Heritage Fund.

00:03:30,100	So even if we don’t get that, there’s other options we’re looking at as far as funding from the state Water Commission and our own funds, so OK, uh, EAP exercise, I know Michael Travis if there’s an update on that one this morning. Only from the standpoint that, uh, with the comments that Mary Sanger provided, um, Travis, I think you made all the completed updates and it was submitted out for everybody.

00:03:47,900	for uh their review, and I think we did get one comment back from the state Water Comm on a contact. So it will correct that. Yeah, there are a couple of contacts that have been, uh, new, new persons in those positions, specifically with, um, there’s one at the State Water Commission and then there was another one at, um,

00:04:06,470	the NRCS I believe it was contact, and then also I believe the board here will be having 3 new members, probably starting, uh, fairly soon after the first of the year, if I remember correctly.

00:04:23,270	So, I spoke with Mary Sanger and said that, uh, once those positions are filled and those persons are seated in, in their manager positions, then we’ll have those new names and, and phone numbers and stuff. And then once we get those seated and those updates made, then we’ll issue another, uh, update to the entire EAP with those corrected contacts in there. OK.

00:04:41,100	Then we talked about too of getting, you know, Dave a copy of that EAP as well, so as soon as that’s done, make sure he’s on that list. Yeah, he’s, he’s on the, uh, the recipient list.

00:04:58,270	I believe there’s, there’s a sheet in there that says that the, the holders of that EAP and uh I’ve been, I have emailed out to all of those individuals on that list, but if Dave would like a physical paper copy, just a book to put on the shelf, we can provide that for him as well. That’s something you’d want, Dave. I may want already. You do? OK. Yeah. OK.

00:05:09,100	And then as far as, you know, Mary’s as as she’s making her phone calls, I, I, I assume Dave should be, you know, the top of that list. Has that been? Yeah, there, there’s a whole list that everybody gets called. Yeah. So, I’m, uh, Dave is on that list. He is OK. Yeah. Good. OK. Thanks, Travis. Yep. Any questions on that? OK.

00:05:26,530	Uh, moving on to the next item under McDonald Dam, the agricultural land lease renewals, uh, manager Mitchel, do you got an update for the board this morning? Yep, I got a little short summary on, uh, three leases here.

00:05:42,170	Uh, the first lease being the agricultural lease with, uh, Alvin Brown. We had, we had sent, uh, David and I had sent the proposed lease and cover letter to him. I did contact him and he is on board with everything, and also we did discuss his, uh, previous payment for 2025, um, that is due, and owed.

00:06:01,270	So we went through that, but, uh, he was more than happy to, uh, re up. So, uh, the Aeroub Lee uh lease I talked with Zach, um, and he is on board as well, and looking at the lease and everything too. He said everything looked fine to him, and they were more than happy to update that.

00:06:21,230	Uh, the civil air patrol, uh, lease, uh, the only thing I guess there that when mentioned here, I think uh Manager Jones mentioned a five-year contract versus a 3-year contract. That’s a great idea. I think, you know, might as well do that, make it about the same across the board with everything. Yeah. And, uh, Dave is on that.

00:06:38,900	He, uh, they have a new person on board there at the, uh, National Guard Airwing, and I believe her name is Major Jennifer Coburn is her name and that’s who David is working with right now. OK.

00:06:58,970	So, I think she only had 11 omission in the, in the lease contract itself, and she was fine with everything else. So, I guess, um, with all that, everything is going smoothly and going as planned, so I’d like to make a motion to approve the updated leases. Second, OK, got a motion by Manger Mitel. and the second by Man Jones to approve the lease renewals and like we send them to the uh respectiveleaeee.

00:07:23,500	um a discussion this morning Any questions? I do have one. So when you, when you talk about the five year, was that just for the Civil Air Patrol, or are you thinking going 5 year for all three of them? Or what does.

00:07:39,170	Well, 55 year for the, uh, land lease for the agricultural lease right now with Alvin Brown. So that is a five year as well. Yes. And then the, um, and then the, the, uh, Aero Club? Aero, or the Air Patrol was, is three years, and then, uh, manager Jones, you know, request about the Aero Club? Was that. That was, I believe that’s 10. if I’m not mistaken. I think so.

00:07:56,170	I think. And that’s, that’s what I have here in, in my notes. Yeah. So. So, that one’s ongoing from the, from the original contract then. Right. Maybe, but we’re just going to renew it? Yeah. OK. So, they’re all basically in the same. Yep, yep. So, we’ll have 25 year moving forward and 110 year.

00:08:13,630	OK, is there any thought to going to a tenure with civil air patrol? Oh, just a thought. I mean, I, I, I’m trying to understand a difference between civil air patrol and the air, the Aero Club. The Aero Club is the model airplane club, right? Yeah.

00:08:31,800	And the air patrol is for them to fly their drones in that area. Restricted area, and then they’re supposed to share the areas and, you know, as far as appointments go to decide whether they’re flying them that day or this day or whatever.

00:08:48,470	Um, and I don’t know how often they’ll might be, they’re changing of the G Gard as far as the civil air patrol is concerned. Yeah. I think this last gentleman, uh moved out of the state a couple years ago. And so this lady was, uh, Jennifer was unaware of the uh of the lease at the time. OK.

00:09:04,370	So when they did send her the letter and the lease, that was when she had an opportunity to Yeah it come to the forefront for her. So. Yeah, I’m fine I’m sticking with the 5 and then the 10 for. the Aero Club, right And then 5 for the land lease. I, I was just gonna be curious, but Well, 5 is so much simpler. Yeah, that’s what I thought.

00:09:23,630	Yeah. Yeah, absolutely. And 10 Yeah. I’ve got no problem with 10 either Yeah. But these two year leases, they’re kind of painful. Um-hum. And I suppose, you know, with the civil air patrol now it’s a larger footprint that that they were, they were basically giving them access to.

00:09:43,800	Yeah. So maybe it makes sense just to keep that one a little bit smaller in case some things change. Sure. I think so. OK. Absolutely. And, and, and are the are the rates uniform, the what we’re getting from them.

00:10:00,430	I think it is it increased like $1? The, uh, it’s like $1 an acre on the agricultural side. Yeah. It’s like $1 an acre. Per year. Per year. Yeah. It goes up and starting at $60 an acre this year, and then, like I said, very incremental dollar here and there through the. Sure. Through 30, I think it is. Yeah. So, yeah. OK. OK.

00:10:19,700	Thanks Dave, I guess from an operation standpoint, do you see any, I mean, you don’t have any impacts regarding, you know, with the Civil Air Patrol and Aero Club and things. OK Good. OK, thank you OK, so we have a motion in a second to approve these leases and, uh, send to them for signature.

00:10:41,430	We do you take roll call vote, please? Manager Mitchell. Yes. Manager Reap. Yes. Manager Jones. Yes Manager Smith. Yes. Chair Landenberger, yes. motion passes. OK. Thank you, Chuck We can move on to financial reports this morning, man Ja Reep. Yeah, Chair board members, um, pages 7 through 9 are the balance sheet, um, information. I’ll just go through some of the summary of November.

00:11:14,100	Uh, we started our checking balance of $1,729,737.08. We paid bills in the amount of $136,226.71 We actually had um pretty significant income, $146,092.70. That included real estate tax, some state aid, but also $11,000 in McDowell Dam income and then the big one was a reimbursement for the Apple Creek Project of about 116 $117,000 so.

00:11:50,430	um Bravera Wealth, uh, net interest, uh, after fees was about $7600. um, all told, um, our assets including other current assets are $4,927,750.71. I would move for approval of the balance sheet as presented. Second I got a motion by manager Ja Reep and the second by Manger Jones to, to prove this month’s balance sheet.

00:12:16,000	Any questions When do you take roll call vote, please? Not Mitchell. Yes Manar Re. Yes Andrew Jones. Yes Andrew Smith. Yes Chair Landenberger. Yes. Motion passes. Mr.

00:12:44,270	Chair, profit and loss statements are on pages 10 and 11, um, as you’ll, we’re getting close to the end of the year and so you see we’re tracking pretty well on our net income. Um, a lot of that is, is interest we earned, um, over the year compared to what we budgeted for. um, so that’s one anomaly, um. a little bit less expenses out of McDowelld Das that we budgeted for this year. And so, um, all in all looks good. I’d move for approval as presented.

00:13:03,530	2 Kate, got a motion my manager Ja Reep in a second by Manger Jones to approve this month’s profit and loss statements. Any questions or discussion on that? Not hearing any. Wendy you take a roll call vote, please? Manager Mitchell. Yes. Manager Reap. Yes Manager Jones. Yes. Manager Smith. Yes Chair Landenberger.

00:13:33,600	Yes, motion passes, Mr. Chair. Just one more item of information, uh, the Burvera wealth rate has dropped again, um, I guess it’s probably correspondingly to all other type uh financial instruments, um, but it’s currently at 3.9 96% um with an effective rate of 3.71 after that management fee, so. I don’t know that I would change anything now.

00:13:57,100	I just wanted to let you know that. Thank you OK Move on from financial reports to drainage permits complaints, anything, any updates this morning? Casey’s not here regarding River Road. Uh, I’ve got a quick update on that one, you said the cleanup was completed just before Thanksgiving.

00:14:18,370	Well, it was? Yeah. OK. So, that one can be taken off the list. Good. Um, I’ll touch on Keelbot Park, the state Water Commission has been requesting copies of all sovereign lands permits through the Bismarck area from the various holders including Hart and Reck, um, the Water Resource District for Fox

00:14:35,370	Island and others. Um, I think it’s kind of a precursor to their sovereign lands line RFP that they’re doing, so they’re just making sure, you know, what’s out there, who’s got what, um, so I’ve had discussions with uh um, Clay as well as, uh, Kimberly up there. or Amy, excuse me, Amy Winkleman.

00:14:54,630	Um, so that’s kind of where that’s at and we’ll follow up on that. So, on, on Hawtree, I’m just, I was kind of waiting for Bill to get back to me because they were having conversations up there, um, I’ll call him back now this week and find out what the status is.

00:15:09,630	Um, of course, obviously with winter it’s one thing or another, um, one that’s not listed on here, we did receive a verbal complaint relative to reconstruction, if you will, of a, um, embankment or a dam within the Grand Prairie estates area.

00:15:29,970	Um, we went back and forth on a couple things, talked to Casey, talked to the owner, um, turns out he was trying to restore the dam that’s in there that washed out about 30 years ago, um, unfortunately, he didn’t, was unaware in the standpoint that that dam is in a flood plain.

00:15:49,530	and because of the modifications to it, the floodplain was modeled with the breach in place because it’s been there for a long time, so if he closes that breach and restores the damage, which sounds like he’s got permission from all the neighbors to do so, and it is on an easement so he could do that, but he has to go through the conditional letter of Map vision and the letter map provision process, which obviously has some significant fees attached to them.

00:16:05,100	So Ron, a landowner, is looking into that. Uh, it’s currently under the, um, C of Bismarck’s ETA, so Brady Bokowski was not ified relative to that, um, activity, uh, work in the floodplain, uh, Mitch is aware of it as well. So, um, at this point in time, you have no formal complaint.

00:16:23,330	It’s just, uh, be aware that if you have some questions, you can route them back by me, um. and we can answer those if necessary from the landowners, but they were 11 landowner that complained to, uh, directly to me, gave a call and then uh there’s another landowner that complained to the city relative to the flood plain.

00:16:40,800	So the, the complaint was that they were seeing uh this dam being reconstructed. Correct. Yeah. So that they basically go back and take that material out of there then? Um, he is in the process of, if you want to call it somewhat restoring the area so it’s not, um, impeding

00:16:54,170	anyone impeding it impeding the flow. He did put a little bit of water in the breach or a little bit of material in the breach to hold it back for, you know, water control during construction, and he is a contractor um, so he knows what he’s doing. We had lots of discussions.

00:17:07,270	He comment was, he said, unfortunately, now I gotta go back and clean up my mess. So, um, as far as we know, everything’s in compliance from a floodplain standpoint. It’s in Brady’s hands relative to that. So, um. but just to make you aware of it, so. Yeah. OK. Thank you, Michael. Thank you. Uh, I don’t see chider on here.

00:17:29,900	Is that? I maybe have, is that uh that’s under Hogue Island. Oh, it is there? There it is. OK, yep, OK, we, we’ll get to that next then. OK. Any questions for any of those I know any of those projects? OK, and then we can jump to Hogue Island this morning.

00:17:46,500	OK, Hog Island’s kind of an interesting scenario. We had the contact from Dave Chier who had a kind of a slump area on the Section 32 project on his property, um, north of the neighborhood, the neighbor also called me. He was concerned, uh, that DWR in state’s been out there, looked at it.

00:18:04,270	Travis has been out there, looked at it a couple times. Uh, it appears as though it’s a, a slump on the bank line. uh, which obviously has moved several times, uh, Westickutt from Braun Intertech was out there. Um, it’s moved several times.

00:18:21,900	The state in this case is requesting that the Water Resource District do a similar action that they did on the lower portion for Hogue Island. In other words, uh, submit a letter and say, hey, we have this issue out here, we’d like to proceed with correcting it and the states, in essence, agreed to respond that, yeah, they will pay for 50% of those costs.

00:18:38,800	So you have a draft letter in your um page tel in your book, relative to the request to the state. Uh, we’ve got some preliminary review costs in there. There’s about $17,000 for geotechnical work.

00:18:58,070	We’ll have to go out there and move some material and um do a boarding to find out where the slip plane is at and so that we can, um. basically look at what the potential solution is. This doesn’t cover the cost of the solution.

00:19:20,070	It’s just the evaluation, um, landowners were very concerned relative to, uh, the river coming up this winter and, you know, where the ice might be, um, obviously under that scenario there’s, you know, just got to be prepared if something happens to address it when it happens. Right.

00:19:35,600	Um, it looks as though from the aerial photography that this, uh, slump has kind of been there for a number of years, but it’s progressing So, you know, it’s the action the state has requested to, hey, if you guys step in, we’ll we’ll participate in, uh, looking at it and reviewing it for a better solution. OK. Did, uh, Mr.

00:19:53,100	Chair, did you, did you talk about the solution? I mean, the potential that they would still be online for 50% of the solution and they’re on board with that too, so they were on board with the solution. They obviously, we don’t want to put a number to it because we really don’t know what it is, um, two things that have come to mind for me looking at it it it appears as though at some point in time there may have been some additional materials

00:20:05,270	placed on that bank line which may have contributed to the slump. So if you do the soils analysis, can you unload the bank and then it’s stable? Or the other option, which is more expensive, is to put in some sort of sheet piling to to hold the slump in place.

00:20:19,270	So if you want to call that two extremes of a, a solution, but, uh, yeah, the state is on board with uh addressing that solution under the agreement with the 50/50oer. And Mr.

00:20:36,800	Chair, is that, I mean, any chance that snowballs into a bigger project? Is it, I mean, this is just fixing the the government features right now, right? And so there’s no there’s no chance of going into a private property type situation. In this particular situation, it’s a win all resentment. So there’s rock along the entire bank through that whole property and upstream and downstream.

00:20:57,630	So there’s really no private um, component of this at this time. I was wearing that same question to Michael and Dennis because as you can imagine as you go up the bank at this slip line continues up and further cause there. Yeah, yeah, I mean.

00:21:12,000	Right, right now, do you, where do you draw that line and what we’re going to repair and look at versus now we’re getting on to maybe that’s what Dennis was kind of thinking as we go up the, the bank. At some point, we go beyond the rip rap, but there’s still. Right.

00:21:26,530	Um, two aspects that came to mind as far as the, the changes that are out there. And again, there’s a little bit of the forensic analysis side. Um, it appears as though there may have been some modifications. Well, there was when in 2013 when the Corps of Engineers restored that area or upgraded it, put some additional riprap out there.

00:21:43,700	Um, they may or may not have changed the drainage on the up uphill portion of that. The other aspect is, is you’ve got a 100 ft easement through there. So if you have to unload that slope, you could take material off within that 100 ft Eastman.

00:21:57,630	So you’ve got a ways to work before you actually get into if you wanna call it the private concerns and there is no residence on this lot, but there is a residence immediately downstream. Are they looking to sell this Um, Dave has actually gone out, Mr. Titer’s gone out and he’s put film material on the lot to bring it above the floodplain and level it out.

00:22:14,530	Uh, he’s taken all the trees off, so at some point in time, I suspect he’s going to sell it. OK. Yeah. I immediately. OK. All right. Any other questions the discussion? So you’ll, you’ll, that’s letter will be sent to you.

00:22:31,500	It looks like you, you just consensus to sign it and send it, right? Yeah, that was good. Yeah, yeah, you guys, so you see that in your packet on pages 12 and 13, uh, pretty standard letter of request to the state, so there’s consensus, we’ll go ahead and get that signed. I’m good. Good. So am I. All right. Good.

00:22:45,970	And then I will visit with clay and stuff at the water user conference to let them know that’s come up’s on the way, OK, OK, sounds good. OK Thank you All right, uh, anything else on hold Guy one, no. So, then. Uh, any updates this morning on the Apple Creek slide? Um, on the Apple Creek slide, the January quarterly report is due.

00:23:09,500	Um, we finished the one in October. Uh, we’ll finish this one out. Uh, we had had an internal meeting, um, relative to the um inclinometers that are out there, uh, there has been some movement noted on the inclinometers that, uh, Braun has installed and we also were provided the information from

00:23:29,230	uh Bar Engineering that there is some movement on their inclinometers as well. Uh, the thing is, is it’s such a short term that, you know, is that a trend? Is it a continuation or is it, you know, just some initial stuff. So we don’t want to make any conclusions based on that.

00:23:45,170	Um, did get some information from BA that uh University of Mary was only looking at monitoring until the end of the year. um which isn’t really long enough, uh, DES has kind of suggested that they monitor for longer, uh, so just as a follow up and a precursor, right, uh asked uh Braun Intertech as to, you know,

00:24:06,100	could they take over the inclinometers that BA installed, should that become necessary and they, they said that they could, we’ll inform you more of that later, but I want to go back to DES because I think DES is going to have to request the University of Mary continue even though the grant

00:24:19,970	period has ended. Um-hum. So that’s kind of coordination on their side, but um we have seen some movement, but again, um can’t make it definitive decision on it at this point.

00:24:43,970	When you say some movement, Michael are you talking about 5%, 10%? Um, the inclinometers indicate that they um, if you wanna call it at the original zone of slide. Yes. On the bottom. Yes. That, that, some of that movement’s still occurring.

00:25:03,170	The thing is, is again, it’s the you know, how much is that? Is it slow? Is it mild? I mean, it’s, um, basically you can measure it, put it that way, it’s the easy way to see a dimension, what’s uh they’re talking, well, they’re talking over 1 inch. of movement at that depth, it’s not feet. It’s not feet. OK.

00:25:18,800	But again, you’re talking, you’re talking inch over X number period of time and then all of a sudden you talk an inch over a couple of years and then it becomes feet, you know, that type of thing. So again, the trend line is there, there is some, uh, movement, but is it part of the shift and final stability? Does it, is it gonna stop? We don’t know. We have to monitor longer. So if, let’s go back to this equipment.

00:25:34,730	So if, if you, Mary decides to contin, I mean, there’s not a lot of cost, I wouldn’t, no, to continue to kind of pull some data, right? Right. As long as the inkellinometers are in place, the cost is to install them, monitoring costs is not that much I don’t see why they wouldn’t decide to just that

00:25:48,270	bar is not going to be part of that process of collecting the data. So could we, we could take that over, and that was the request to bar uh or to uh Braun as to whether or not they could take it over. And the answer was yes, they could.

00:26:01,530	The interesting part about it is our inclinometer that’s out there now is real time. We’re monitoring that daily. I mean, we’ve got information where bars you’d have to go on site and actually measure that. So, yeah, it’s some additional monitoring costs.

00:26:17,900	Uh, I’ll get back to you on that because I think DES is probably gonna tell the University of Mary, you need to continue to monitor, so. why wouldn’t they want to monitor it? Right. I agree.

00:26:34,500	I mean, I, I, and again, I don’t, I don’t want us to take it on totally, I mean, if, if we can, if the responsible parties and the parties it affects can do it, they should do it. Right. You know, right. I just want to make you aware that, you know, as that’s out there, uh, it’s a question that we obviously want to ask just in case, so.

00:26:50,730	back up and I the lead last month’s or maybe it was 2 months, 2 meetings ago, but Casey mentioned they were still continuing to take drone photos and videos, whatever. So I met, you know, the big thing will be this winter how much snow pack we get, how much, what that looks like next spring, you know, I’m really interested to see what happens next spring.

00:27:06,070	You know, if we start to see continued movement or not. Excuse me. I have talked to Mary Sanger about the emergency action plan. I think we’ve got some preliminary stuff out there.

00:27:20,500	She said, you know, as long as things are stable at the moment, we probably wouldn’t, you know, put the rest of that together, um, some of the discussion too is the upstream. um, drainage system that they put in to capture the water, um, we gotta wait and see if it, it seemed initially that that system wasn’t capturing all of the water that was coming through, so obviously water on the slope has a con uh contributing aspect.

00:27:41,730	Um, so we continue to monitor that out there as we, as we go. And then just a question in general, what, what’s our endgame here at this point? I mean, we had this data now we’re collecting, right? The in process of this would be is the slope still moving or is it just the lower slope that’s

00:28:03,700	moving. If it’s the lower slope, obviously then from a grant process you could go back in and, uh, there’d be a solution recommended as to what could be done. Uh, then of course the question comes is who pays for that, which, you know, we haven’t crossed that line yet.

00:28:17,530	If the upper slope is still moving, that’s a whole another matter. It’s a different animal. Right. Good. OK, thanks, Michael. Yep. Any other questions on that question? Good Uh, Burt Creek this morning. Man Jones, to get an update on some seating or some. We do. Some work for. We do.

00:28:40,100	Um, and maybe combine that with the MRCC, well, you can bring Travis up after that. But. Um, Bern Creek needs seating. We managed to clean it up and get most of the weeds out of there this year. and so far the about a month ago I was up there and walked and people have stopped throwing their whatever.

00:28:59,170	um and I’d like to keep it cleaned up and keep it mowed. because there are a lot of people that use that as walking paths with their animals. but there are spots and, and none of them are terribly large, if I recall correctly, uh, that need receding.

00:29:20,470	and just keep it decent looking. OK. It, so this is on the actual embankment on. it’s on uh the Reasement. Is it on top or is it more on the slopes or a little bit of both. I would say it’s both. When you Travis. There’s, yeah, there’s, uh, mostly on top, actually. Yeah. Yeah.

00:29:37,000	Top on the east end a couple of, uh, decent sized pas that are. 2030 40 ft across and 10 ft wide, you know, just I don’t know, just something like the grass die off or a certain kind of weeds got in there that come under the grass and then when I mowed the weeds, they

00:29:53,870	were gone, but then the grass hadn’t recovered yet and Um-hum. So. So is this something that Travis would take care of or cowboys or. I believe low key Travis’s company could take care of it. They have the contract to mow, etc. out there, so.

00:30:15,170	And then the, the seeding, are you doing any sort of mulching or watering or you just can Crevice. Any thoughts? I was looking at spreading some of that, uh, combined seed mulch compound that. Yep. You got, you know, the 20 pound bag of that stuff for 1520 bucks and you know, just spread that around by hand on those areas and then I’ve got a, Sprayer.

00:30:33,000	I can bring water in and, and water that a couple of times and until it gets intakes on its own. Any thoughts on that the board sounds good. Yeah, I’m, I’m just kind of looking for approval so it gets done next spring. Yeah. Absolutely. OK I don’t think you need any sort of motion at this point. Just Travis, I guess next spring.

00:30:54,530	Just kind of update us I wanted to get, I forgot to get pictures of this just west of the control structure there, there’s some really bad ruts on top of the embankment there. and makes passes so they’re difficult.

00:31:09,470	I could probably stand to get like I don’t know, maybe a load of gravel or some kind of field in there leveled backed that up and. until that because some of those ruts are like a foot deep. OK. Just there’s a spot that holds water and then when people go through there, the mud just pushes out and it makes it even worse. Yep. OK. All right. No. OK.

00:31:27,530	Sounds good OK We can, that’s it for Bert Creek. Um-hum. OK. That’s it. We can move on to MRCC this morning in your packet on page 15. Uh, Travis, maybe you want to walk us through kind of what, what’s in the packet here, your emails and correspondence with Shannon out at the MRCC and she, they’re

00:31:44,900	looking at doing a project in how it may impact our existing levy. Chair, managers, uh, spoke with the warden at the MRCC facility, and they’re looking at doing a small little project where they’re putting a, they’re, I think the, the game plan for the larger, uh, concept is that they’re going to add some

00:32:02,470	additional buildings in the back and then they’re going to add an additional, uh, walking and driving path that, uh, basically parallels our levee and uh taking an effort having been out there and then taking a closer look at the footprint that they’re showing.

00:32:18,530	I think it’s going to be outside of the fence where our levee’s kind of fenced in, and that protects our levee and also the tow drain that’s on the inside of the levee, and it appears that their path is going to be inside of that yet, so I don’t think it’s going to be on top of or effect of that

00:32:30,530	to drain and the, the pump out basins and the end cleanouts for that, but. I will, I can keep in touch with them as they progress with that concept, just to make sure that, uh, there’s no impact on our levying that they maintain our, you know, our 15 ft clear

00:32:44,070	zone, but, uh, outside of that, it looks like it’s just gonna be an additional little pathway to to drive and, and for the, the residents there to walk on, uh, just uh a little bit farther over from the existing road that they currently have.

00:33:01,170	So I don’t think it’ll be a huge impact, but I also, uh, let the ward know that uh I would like to see those plans once they do get that concept developed so they can confirm that it’s not gonna cause any issues with our levy. So that one on page 17 is an aerial that kind of shows some some structures and even a baseball diamond.

00:33:17,000	that reddish orange line. Yeah, that line that’s drawn on, that’s what they, that’s what she provided to me and, uh, that’s all that I have to go on so far. And I think that’s as far along as that concept is at this point. OK. Mr.

00:33:32,100	Chair, what, what is our, we have an easement there, right? We have a, and it’s a, it isn’t an exclusive easement so basically we can say stay out of that easement to them since we, I mean, since they granted it to us, I mean, it’s, I believe the way that’s set they’re responsible for the surface maintenance, so they can’t do anything in there

00:33:48,170	without your permission, OK? So that would be my concern is that, and again, I don’t want us to have to modify or, you know, adjust our levee system operation, especially the tod drain because they’re doing, they want to put a road there, I guess.

00:34:01,600	Yeah, and that would be, you know, the intent that they provide us with their plans so that we can make sure that we don’t have any impacts or interference there. And, uh, I don’t know exactly where the extent, where our easement ends, you know, with respect to where that line is showing on the plans, but I can confirm that and just to

00:34:16,000	make sure that they’re not going to be impinging on our easement and, in any, uh, detrimental way. Yeah, it does seem that to drain is fairly close to the told that Amate. Yeah, it’s pretty much right at the toe of the embankment. Yeah, yeah.

00:34:34,970	What’s the Tod drain look like on the surface? Is it a, is it a granular surface or is it a on the surface, you don’t see it. It’s about 8 ft below ground or no, it’s, yeah, I can’t remember exactly, but it’s it’s uh it’s 4 actually I think it’s about 4 ft below ground, it’s just, uh, basically a 4-inch drain tile that runs there, and then it

00:34:50,600	goes to a basin that can be then pumped out. and uh on the surface, all you have is you have one manhole ed where that pump basin is, it’s just a little, uh, like a 3 ft diameter, uh, round concrete manhole, and that’s a pump-up basin that that drains into and then on the end of each run,

00:35:09,170	there is a cleanout access that you can go in there and jet it if you needed to. Yeah, it’s actually 8 inch, so it’s just P perforated pipe is essentially a to. OK. Yep.

00:35:25,270	These plant sheets you have when you travel, it actually shows 8 inch, that’s right, we, yeah, we did make it big enough to make sure you could get a, uh, a robot or a, or a, a hydrogen in there in order to be able to clean it and maintain it and inspect it. And it looks like it is that I would say on average 3 4 ft varied. OK. Yeah. Yeah. All right.

00:35:37,900	Yeah, we graded it to drain to that pump up basin. Yeah, and I think that basin’s probably 4 ft diameter. Yeah, you know, they show that pathway and there’s some trees in there, so I imagine they’re gonna try to, I don’t know what they’re gonna do, they’re gonna try to avoid taking any trees

00:35:51,500	out, so I, I can see a part portions of this getting fairly close, but yeah, as long as you’re, yeah, and I don’t think it’s gonna consist of any really high embankment. I think it’s just going to be a gravel path where they’re just gonna probably strip it and put some gravel down is about it.

00:36:05,800	So I mean, it’s nothing that would stop us from being able to go out and and maintain our system, whoever had to go dig something up. OK. Thank you, Travis. Yeah. Any questions? Definitely not a solid structure or anything that’s gonna be difficult to deal with if we had to dig a hole. Yeah.

00:36:20,100	How did, did she, uh, reach out to us directly or you? when you started this process? I mean, I’m, I’m, I’m appreciative that they’re basically talking with us, or did we know that they were looking at building something and we, I, I think what it came

00:36:32,470	down to when Travis notified him that he was going to go out there and look. They brought it up. Oh, OK. Now, the other aspect of it is, and they, they informed the board earlier, there’s, um, the state is actually looking at potentially replacing that facility either or adding beds there or adding

00:36:48,170	beds in other sites. OK. So, I did get a call from an architect at one point in time, and she was looking for background information, and I said, well, if you’re gonna build there, you know, you’ve got floodplain issues even though the levees there, you still have to

00:36:59,900	elevate the facility in, in probably 3 to 4 ft to. uh take it up out of the floodplain, but I never really did get contact back from her. So the state is looking at multiple things. I think this is just one item of um, in between until they get a greater director from legislature. Sounds good. OK.

00:37:16,230	Thank you All right, we can move on to item 10 this morning. O business, uh, I assume with, uh, Mitch is not here, so no update on the CRS.

00:37:38,070	Um, there is the item in there on a Roger or you’ve all kind of been involved in these discussions regarding the uh, plan for the Burley County Commission, but at this point, I think they approved their, their petition to be sent to Gerrison Conservancy District to be correct to be removed. Yep, at this point it’s in their hands, I guess that.

00:37:55,330	Yeah, and there’s supposedly a meeting this week with Comm Bakken, but I don’t know when it might be scheduled or what the background is going to be discussing, yeah, OK. Are you attending that meeting? Um, I’ve not been asked to attend, but I’ve been keeping track with all that stuff, um, for various reasons with uh.

00:38:12,730	Man decree, so. Yeah. I mean if they ask us questions, I guess we can answer and provide some input, but I think that document that you provided, Michael, was some facts and background, probably is no more information than we could probably provide.

00:38:30,900	Yeah, and, um, I did, uh, provide Comm or uh Director Deray with some background information coming off this, the county Commission meetings and, uh, staff up there has monitored the county commission meetings and the, the commentary that’s been provided. So, um, they’re preparing to have the discussion and to receive the petition in the response, you know, that will come from them, OK? Very good OK.

00:38:48,530	OK, thanks everybody All right, no other old business, we can move on to new business this morning, um, in your packet on page 21 are a listing of the 2026 meeting dates. I’m just seeing if anybody has any major conflicts that they’re aware of. I do have one on February 11th.

00:39:08,800	I will be out of the country on vacation. um, so that might be one we can maybe look at. And you’re not inviting us? Well, certainly can come with. You got to pay your own way, but uh. Yeah, so yeah, if. if we can, that we could look at moving that one, but um.

00:39:27,970	other than that, if it, if it I was just Mr. Chair, uh, and that’s fine. The other one I was just, I was wondering about, and I, I don’t know the dates of the water users’ conference December 9th if that, you know, if that’s gonna conflict, you know, we could preemptively to the 8th again? Yeah.

00:39:43,470	Um, I, I just, I’m. I’m guessing that’s probably the same week that, that seems pretty consistent that for the water convention, so yeah, if I, if so and then we have the Veterans Day. I, I think we have met on Veterans Day before cause, you know, but.

00:40:01,170	We had to go off site, right? Yeah. Yeah. But, it’s, yeah, if, if people, if we want to change that one too, we certainly could. um I don’t know, to me it would seem like it would be proper to adjust it. Yep, yep. Just out of the holiday. Because the, the county, they’re closed, right? Yeah. Uh, but just, yeah.

00:40:18,500	OK. So with the February meeting date um, I don’t know what are your, your biid’s got access to your calendars or not, but um because we do meet January 14th, which is kind of later, if you think of it that way. So if I was thinking if we’d move it, we’d maybe move it out to the 18th.

00:40:44,330	um but I I can’t put that dates me, fine by me. Yeah. OK problem All right. Wendy, maybe we could look to see if the the 18th will work. for February OK. And then the other ones we’ve talked about would be the Veterans Day, maybe seeing if she November 10th.

00:41:22,270	if the room would be available on Tuesday E And then the December 8th December 8th, yeah. OK. right OK then at this point, um, probably have a, uh, consensus on the dates. I don’t know if we need a motion, but at this point, consensus from the board. OK? And then we can get those posted. OK. Thank you, Wendy.

00:41:53,270	All right, uh I know Michael or Travis in the remaining parts of the packet here on page 22, the annual inspections of our some of our levy If you want to walk through those at all, is there any, you know, a summary or some. Problems.

00:42:12,530	Well, I was going to say there’s various items that are mentioned and there, there’s nothing dramatic at this point that needs to be taken care of. OK. Some general maintenance items, um, if you’re OK, you know, just by consensus, we’ll just accept those. OK. Um if there’s something that actually needs to be done, um.

00:42:29,730	the question is, is that, you know, who do we have do that maintenance work? Yeah, that’s what I was, I was sure if lowkey again would, yeah, is that something that I think the, the scenario might be this, uh, with those areas of interest is to maybe do a quick review in the spring again.

00:42:42,970	And then because you obviously you’re not gonna do any maintenance right now, given the year. Um, we could double check those in the spring and then, um, re that maintenance as, as necessary at that time. Yeah, I did see there was kind of one larger rodent.

00:43:04,330	hole that had I’m not sure which levee that was on, Travis, but it was on Burt Creek, wasn’t it? Creek. That was a Burt Creek one? Yeah. OK. So, that’s probably something just be filled and taken care of with the seeding aspect that you’re doing out there. Maybe something next spring again. Yeah.

00:43:19,970	If you’re already out there anyway, you know, it’s bring some dirt and and then of course these inspection reports will go into the uh ONM manual. for annual OK. Mr. Chair, just a quick question, Travis, um, the sediment magnitude of sediment is it concerning yet or is it? Yeah, the monitor.

00:43:40,170	This is at Fox Island? Uh yeah, regarding the, the sediment in the manhole in the Fox Island one, that’s in the front of, uh, Klaus Schnitzers and uh that appears to be, I would say 2 to 3 inches deep and it would definitely, uh, interfere with the closing of that gate at that structure and uh it’s, it’s kind of problematic in that uh you would need to clean

00:43:58,800	that out in order to be able to use that during a flood event. So I think that’s something that, uh, you need to get in there with the hydrovac and, and go and, and to clean that out is, is my, I guess my opinion on that one. OK.

00:44:16,500	Question maybe, uh, Travis, have you checked with, uh, Marcus since it’s on the roadway and stuff, I don’t know if they’ve got a Hydrova. They could probably just go do that. and probably would. So that’s a good idea rather than bringing a contractor in, check with Casey and see if they can. Yeah, I know.

00:44:31,970	Casey does, uh, pretty, uh, regular inspections or they just, their, their crews go out there and they exercise those facilities so I could point that out to KC, maybe send him the pictures and then see if I can get that on the county’s radar for some of their maintenance crews if they have the capability to take care of that because I think that

00:44:44,700	wouldn’t be a bad idea to Hydrovac out that structure and then also maybe jet the culverts too, just because it’s, it’s appears to be pretty much that way all the way through the culverts as well.

00:44:59,270	I think some sand washed from inland heading towards the river during a, a heavy rain event or something. It, it came from somewhere. I don’t know if it, it could be just shedding off of, I know, uh there’s a resident who’s just on the other side of this culvert on the other side of, there’s a small wetland there that had brought in a bunch of fill and built up in order to build a

00:45:11,000	house there. And so it could have been just some uh wash from coming off of that embankquet before it got stabilized with uh vegetative cover so there would have been some erosion that found its way to this culvert, and then we ended up with those deposits in that structure. OK.

00:45:28,370	And, uh, I, I actually happen to know the, the individual who, who built that embankment in that house, and he, he could potentially even have the, the capability to to back that himself as well he’s a contractor, so, um, if, uh, if the county is not able to do that, I could even touch base

00:45:43,630	with him and maybe he’d be doing it, you know, just as a courtesy, uh, it’s, it’s at least something to ask. OK. So you’ll, they’ll check with Casey to see. Yeah, I’ll start with Casey to see if, uh, he wants to put that on his rotation for the county Cruise.

00:45:58,430	OK. Or if they, if they have the capability to do that, I would think that they probably do or, or they would, yeah.

00:46:15,370	What was the, there’s a photo in here of a gate Uh, was there anything, uh, specific to that image or what was? is that the one on the, the two gates on the wing wall for the Burt Creek. That’s the bridge under Highway 1804, and, uh, that was just showing that those gates, they’re, they’re normal operating position is to be left open, and, uh, it’s just to show the condition of those gates and that, uh, the,

00:46:34,630	there’s two arch culverts that go underneath that road embankment and go to the ditch on the west side of the road and uh right now you can’t see those because they’re underwater. Um, when we did the work on the cleanout.

00:46:48,100	uh, we also cleaned out those culverts as well because they had gotten kind of sedimented in and just, uh, between beavers and muskrats, there’s, there was some, uh, debris in there. and, uh, that’s probably something to keep on the radar. I think right now you could still operate and close those gates just fine.

00:47:02,630	That’s, you might just have to go in there and step it down if there’s a little bit of muck in front of it, but I don’t think that’s got any real substantial buildup that would interfere with the operation of those gates and they should be able to knife that out pretty good as the, if you needed to close them, OK?

00:47:17,270	And then the hatch on, is that MRCC? All right I noticed there’s some damage to it. Yeah, that one, it’s, uh, it’s warped a little bit.

00:47:30,800	It looks like, uh, in my opinion, it looks like it’s, it was got hit by snow removal equipment, scraped over, didn’t realize it was there. So they put a, they put a flag next to it. Now there’s like, uh, a, a marker there but, uh, that could be something to maybe put a little bit more of a robust protection there, some kind of a additional marker or maybe even a ballard, but something to

00:47:46,500	kind of protect that hatch and then, uh, also make it easier to locate in the snow or in the spring if they have, have to deal with, uh, any flood issues. OK. Good. Thanks, Travis. Any questions? OK All right. Um, additional information can be provided as needed on any of the Platts or stormwater management plans.

00:48:10,700	You see a listing there of some of the additions and replats that are ongoing. So certainly if you want to review any of those, you can reach out to Wendy to get additional information. We can move on to item 13 this morning, approval of this month’s bills.

00:48:25,170	Mr. Chair, page 39 is a summary of the bills. Um, you’ll see that, uh, majority lion’s share of the, of this month’s bills are through the uh McDowell Dam, um, and primarily it’s the playground equipment that was installed and that was about just under 130,000 by itself, and then the roofing repair was

00:48:45,970	about 44,000. Um, we did get, um, as maybe, maybe you’ve heard, we did get reimbursement, uh, insurance reimbursement in July for that repair and so we, we maybe anticipate some additional reimbursement, but that was 44,000.

00:49:06,370	So, um with that the uh I’d, uh, I guess I’d move for approval of the payment of bills and the amount of $218,808.22. 2nd. Good. Uh a motion by Man Reep and a seconded by Manager Jones to approve this month’s bills. Any questions or discussion this morning? They’d see in there too we got the payment for the state auditor for for our audit, yeah, we did, yep.

00:49:25,530	OK. It seems less than previous years. Uh, we budgeted 10,000. I think that’s maybe the lowest Wendy could weigh in. The total bill for the county was 27, so our share was 8000. OK. OK No questions or comments, uh. Wendy take roll call vote, please Mand Mitchell. Manager Reep? Yes Andra Jones.

00:49:55,800	Yes Sandra Smith. Yes Chair Landenberger. Yes, motion passes. Bills will be paid. remaining, uh pages in your packet there, just some details on the bills for this month. And at this point, we will pause our regular meeting and move into an executive session.

00:50:23,630	So to we’ll entertain a motion to hold an executive session pursuant to North Dakota’s Century Code 44-04-19.2 to discuss negotiation strategy with our attorney relaid the easement acquisition in the McDowell Dam project. So OK, got a motion by manager Jones, seconded by Man Smith to pause our meeting and move into the executive sessions. All those in favor say aye, oppose.

00:50:49,270	I have it. Motion passes. We will now move with the