00:00:09,930	No. It’s. All right. Good morning everybody. Let’s go ahead and call the March board meeting of the Berkeley County Water Resource District to order. Wendy, take roll call, please. Manager. Hager here. Manager Mitchell here. Manager here. Manager Smith here. Chairman Langenberg here. We have a quorum.

00:00:32,370	We can continue moving on to item two this morning. Approval of. We have three separate meeting minutes there on the January meeting. The February meeting that we had one special board meeting in there as well. So two special board meetings. Yeah. Mr. chairman, board members, I just had one change off on the February 6th special meeting.

00:00:50,570	Um, there’s a motion by me for improvement of the agenda. Approval of the agenda. I was not able to make that meeting, actually. So special ones. Yeah. So it’s on the February 6th one. So I don’t know if there was actually a approval of the agenda at that one, but it wasn’t by me, I guess. Okay.

00:01:10,300	Make that note, Wendy. And I move to approve as amended. Okay. Got a motion by manager rep second second by Manager Mayer to approve the minutes, as amended. All those in favor say aye. Aye aye aye. Opposed. Ayes have it. Minutes are approved. Moving on to item three this morning.

00:01:34,900	Any amendments or changes to the agenda this this morning. Not hearing any. Is there a motion to approve. Move to approve. I’ll second a motion by Manager Smith and the second by Manager Mitchell to approve the agenda. As presented. All those in favor say aye. Aye, aye. Opposed? Ayes have it. Agenda is approved.

00:01:59,430	Moving on to item four. Comments from members of the public not associated with the project this morning. Hey, Commissioner Schwab. Good morning. Good morning folks. I, uh, I see on your agenda you’re going to be discussing the Burleigh County. Exit from garrison diversion.

00:02:27,170	And I have a lot of meetings today, so I figured I speak to you on that. Uh, that’s your discussion anyway, so. But I will be going up to Carrington, okay. To represent the county. Uh. No no no no no, no, you’re not representing the county. You’re representing yourself as a county commissioner.

00:02:53,370	I’m going to represent the county because that’ll be on the agenda. So the thing the thing about it is, is that it was a split decision on exiting. However, have you people watched that meeting? Of January 9th? I think I watched portions of it. Pardon me, I think I watched portions of it or caught some of the media. You should watch it all.

00:03:21,800	I’ve caught some of those. Is the majority of the county commissioners have decided it’s in the best interest to leave. And actually, to be honest with you, in the research that I have done and it’s been brought before the county commission, there is no need for.

00:03:48,500	There were actually in my now, this would be my opinion, a pass through for projects to stay relevant. But in that meeting they did say water projects and Burley County. Can be financed by the taxpayers and rarely county because of the population.

00:04:23,030	They don’t need money from the garrison version, yet they took another $750,000 out of the county. So we’re sitting there at the point where. Since joining the garrison version. There’s been including this year now $10.3 million put into that travesty. And we have got basically about 850,000 with the benefits.

00:05:01,500	And they are on record in that in that meeting saying they’re not going to support anything down here financially. If you listen to the meeting closely, that’s a prevailing attitude. So. You guys work for Burley County. We want you to back us. We don’t I don’t want to go up there and have to fight you guys to this is this is something of a common sense deal. Uh.

00:05:33,030	Why is Burley County or any county, even Cass County? You remember this and know about the Boundary Waters? Every county from Cass up to Canada is going to be part of this water that is going out there. None of them. Not a one, belong to the garrison version.

00:06:06,100	That is what you call economic discrimination against us. They take our money, they do this, they do that. Pickleball courts, riding stables has nothing to do with water unless it rains and there’s a puddle of water laying out there, I guess.

00:06:29,700	So the thing about it is, we will be having a discussion at the next commission meeting next Monday, and I know everybody’s got opinions on this and what your opinions are. It is in the best interest that we do. Exit them. We’re not going to take this economic, uh, I.

00:06:57,400	Practice that they’re doing against the county and using our money, and they come right out in that in that, uh, video saying that which probably, by the way, they’ve taken down off their site. They aren’t like Burley County. They put them on the site, they stay there. You can do research.

00:07:25,200	So basically, what is happening in our research, I’ve done a lot at the research. They are money changing operation in the sense that. When a project comes up, it’s a lot of these projects are run through them. And their budget last year was $220 million. They believe there’s no way they got $220 million from the county, but the state and the feds are running money through them to keep relevant.

00:07:55,030	And yet they’re taking $10 million, have taken over $10 million out of this. The economy of Burley County. And I want you people to realize why the the commission made that decision. And I also want you to take a look at the counties that don’t belong. In the garrison version, the garrison version helps them get water.

00:08:29,700	Dickenson and whatever. So what the hell are we doing in it? Besides supporting them so that they can give out grants? Which brings up another thing. Counties cannot give out grants. It’s illegal. But we give them money and then they give our grants. That’s a runaround in the law.

00:08:53,270	So the thing about it is, uh, everybody thinks there’s they’re necessary and they’re they’re not relevant. What is happening is by running money through and letting them pay the bills and stuff, the government has let this outfit look relevant, but they do nothing.

00:09:22,100	We’ve had meetings here with Rural Water, South Central World Water right through Burley County. And I asked them, how much money did you guys put into that? And that was at a at a commission meeting. Uh, they were pretty much telling us how important they were. Their answer was none.

00:09:54,630	So I guess the point of all of this is they are not relevant to the good of this and welfare of this county. And if few people disagree and want to go up against the wishes of the county commission, I guess I can’t stop you. But I would like you to come to the county commission meeting and explain why you would not support our decision.

00:10:22,930	I think that’s only fair, but I really think if you really, really look at that, at that video that we got on our on our website, it tells the whole story. I mean, some of the stuff they said about this county, I’m not going to let them abuse this county like that and talk. And it’s a plantation operation is what it is.

00:10:49,030	They’re taking the fruits of people’s labor and giving it to other counties and stuff. It’s not necessary. We don’t need it. Our projects would go ahead without them. So if anybody’s got any questions, I’ll answer them and I’ll get the hell out of here. Thank you.

00:11:10,600	Commissioner, any questions for Commissioner Schwab this morning? We do have this later on our agenda to pardon me. We do this, have this topic on our agenda later in the meeting. That’s. Yeah, I have so many meetings today.

00:11:27,970	You guys can discuss it, but, uh, I don’t want to get up to Carrington and have our water board coming up there and have to go after them, too. Yeah, I don’t think we got to get on the same page. And this thing. And believe me, the last big project that was done in Bismarck was to irrigate $50,000 grant to irrigate the baseball park. I think you guys are aware of that.

00:11:56,470	And now it’s astroturf. And I asked the park director. Well, what’d you do? The money. Give it back. Well, no, we use it on other things. And that’s one of the first things they say in their little video.

00:12:11,470	If the money isn’t used for what it’s set out for, they take the money back. That whole video tells you the story of garrison diversion in it. That was a one time a good operation, but has become. Kind of a bad operation, especially when you talk about.

00:12:35,970	And we don’t want to get involved in slush funds when they talk about moving $1 million from this fund to another fund and getting and getting their story straight, because they’re going to have tough questions from the legislature. I hope you guys caught that. They want to deceive the legislature.

00:12:59,830	Early counties should not be a part of that, because we are technically then condoning that kind of action. So I have I’ve watched that meeting about 3 or 4 times. I tell you, I think I’m getting cataracts from it. I’m losing my hearing from it. It’s so bad. But if you really go back, that is the attitude they have towards us. So we would like you to back us.

00:13:21,270	We think you should back us because you are in Burleigh County and we don’t feel that you’re going to lose any benefits because you don’t do anything for us anyway. So any questions and I’ll get the hell out of here. Well, Commissioner Schwab, sure.

00:13:38,830	We just for the record, we as a board, I think in our maybe our December meeting, you know, or what? Oh. Or December of 2025 meeting somewhere in that time frame. We as a board adopted a resolution.

00:13:57,070	It was a 5 to 0 vote to ask or, you know, to consider, to have Burleigh County stay in the Garrison Division, just so you’re aware of that. Yeah. We I don’t believe anybody’s going up to Carrington on March 24th. I know I can’t I have a conflict.

00:14:13,030	Um, and, you know, some of the rationale behind that is I think, you know, I think we’re reading the political tea leaves a little bit, you know, from our perspective, we see a lot of value for from garrison diversion on a statewide perspective, like you allude to, um, but just the pragmatic approach is I think we’ve ridden garrison diversion is going to deny it. I mean, I don’t think there’s any way around that.

00:14:32,370	I think that’s what’s going to happen, no matter who goes up there and who says what up there. That’s and it’s going to end up in a district court situation. So, um, we just kind of took a maybe a middle of the road process. We do understand that you you are our, our boss, essentially. I mean, yeah. So we understand that too.

00:14:48,230	But just so you’re aware that we did that resolution in December. So I don’t know. That’s going to be part of the public record of that hearing. But it’s out there so. Well, I know everybody has opinions. I know Commissioner Woodcock is opinion.

00:15:07,000	It’s a stay in uh, I’m not trying to tell people not to to speak under the constitutional rights of speak or anything. What I am telling you is when we have counties on the other side of Minnesota going to benefit, and we’re paying for pickleball courts and writing stables that have not a damn thing to do with water.

00:15:32,570	There is something wrong with this outfit. And I have run it kind of funny. I’ve ran this through. I kind of started this movement to get out, and I’ve been working on it for over two years. Even AI is mad at him now, you know. Can’t believe it is coming up.

00:15:52,300	Is this possible? And yeah, it is possible. So to think about it is there are the benefits worth $10.3 million of the taxpayers money? And the other thing is, if we do leave the county doesn’t doesn’t get that one mill tax. It just goes away.

00:16:26,430	We are sticking up for the citizens of the county, not this isn’t a money grab on our part, and that’s our job to protect everybody in this county. So. Mr. Chairman, Commissioner, I mean, I’ve watched I did watch most of your meetings on this topic, and there was some very good points raised up by the Commission, and that is one of

00:16:41,770	them. I mean, it’s a lot of money. Um, and we I think we as a board, I know personally I do we understand it’s never going to pencil out on a balance sheet. It just never is.

00:16:55,770	But we we do see some indirect benefits to the water community of the state. Again, maybe should it maybe it should be a statewide initiative through the legislative process for an appropriations. That way, rather than having membership counties. But again, we were kind of reading the tea leaves. I think. It’s my understanding that there’s other counties that are watching this, and. It’d be a big.

00:17:15,000	They’re they’re discussing way back Barnes County tried to get out. Now this setting up a meeting at ten in the morning and Carrington, you know, the Public Service Commission came in to Bismarck to take, uh, input on the summit carbon solution. They went to Emmons County. They go all over.

00:17:37,500	Carrington has set this meeting up. So the farmers can’t get there. The people that work get there. The people have kids can’t get there ten in the morning. It just goes to show you the arrogance of what is happening here.

00:17:59,900	And I think take that into consideration, which is why, um, we it was, like I said, a split vote, but the majority of the commissioners decided it’s time to get out. So it’s kind of a long process. But yeah, it’s a conclusion. We came to. It’s all I got to say, guys. I got four more meetings to go with you. Are you done with me or. Commissioner Woodcock said comment.

00:18:19,070	A couple things. When we, uh, when we considered that question was 3 to 2, it was unanimous. He does not represent the county out of care whether it may be on the agenda Monday night that he will represent the county, but it has not come up yet.

00:18:36,830	So, in fact, I was admonished by our chairman, saying that if you go up there and testify, you can’t represent the county, you’re representing yourself. And I said, yes, exactly. I’m representing myself as a county commissioner, not as the commission. And I think that’s exactly the same position he’s in.

00:18:51,700	Unless it’s on them, it’s on the agenda for Monday night, whether or not we approve that, I don’t know, but he cannot say right now that he represents the county. I can respond to that. Three commissioners, me, Commissioner Bitner, Commissioner Bacon decided on the exit. Commissioner Munson, Commissioner Woodcock cited against it. This decision is to leave. I can represent our side.

00:19:28,430	Our side is the side that. Well, technically had the most votes. Mister. Mister chairman, if the three of them, like he just said, got together and decided he was going to represent the county, that’s an open records violation.

00:19:46,630	We did not have a meeting on that, that apparently the three of them got together on a conference call or whatever. I don’t know what it would be, but the three of them decided he was going to represent the county. That’s a definite violation of open record law. So because I have not heard a thing about. It cleared up on.

00:19:57,430	Monday, you know, we can split hairs all we want on the Monday agenda. It’ll it’ll be taken care of. And I am going to go out and represent the commission. I don’t need permission to do that. Now, if another commissioner that opposed goes up there, well, they’re not representing the commission. They’re opposing.

00:20:27,170	And there’s a lot of things that are done on the commission that I’m on the losing side on. But I got to roll up my sleeves and do the wishes of the commission. So but I don’t want to get in an argument here with Commissioner Woodcock. So. To preserve that. Pretty. Much..

00:20:49,030	Any other questions for Commissioner Schwab? Okay. Thank you. For your time, guys. Thank you. Okay. All right. Any other comments from members of the public associated with something on the agenda? Not seeing any this morning. We can move on to McDowell dam.

00:21:07,230	Uh, at this point, we do have on the agenda later on the executive session, but I’m not sure we need to go there today. Just I could probably give a general update this morning kind of where things sit currently do need to be in executive session to. I think it would be preferable. Okay, okay.

00:21:25,900	It needn’t be terribly long, but I think, uh, in order for me to advise the board, I think it might be good to, to have a short special meeting. All right. Yeah. Okay. We’ll leave the easement negotiation discussion, then to the executive session at the end of our agenda. Um, other than that, I think, Travis, you want to maybe give an update on the web.

00:21:44,630	Grant’s application process and where we’re at on that one, and then. Sure, I can do that. Um, uh, we have. A current, uh, I guess, pre-construction. The grant from web grants that we received here a couple of years ago. Now, just because of the length of this easement process that is drawn out. And that is basically been exhausted.

00:22:07,030	But, uh, that was for, uh, preliminary design. And, and, you know, some of the initial permitting and such for the project, uh, we could do a, another web grant application for the final design for this project, because there’s still a couple of significant design elements to be completed for

00:22:24,570	this project. And then and then as we get closer, once we get to where we’re at the stage to put this project out to bids, then we could do a grant application for the the actual construction of the project.

00:22:38,570	But we could, uh, at this point, we don’t have anything currently submitted because we haven’t developed the the full scope and budget for that final design just yet. We’d have to come up with an actual number so that we know how much we’re requesting in that application. But that’s a a pretty easy process. And that application and grant submission could be put in at any time.

00:22:56,330	Once we have those numbers together so that we would know. So we just would just have to sit down and pencil out what we’re estimating for the final design on this project. Like I said, there’s a couple of significant design elements to be completed.

00:23:10,200	For example, like the the pump station and the electrical and controls design for that, we have not really done anything on that one yet. We’ve done the initial routing and some of the pipeline design, you know, just so that we can get our alignment and our easements in order and did enough of the design so that we

00:23:23,600	can establish what we would need for easements. But we haven’t gotten into the final design for some of the major elements. Like I said, the pumps and the controls and the the intake pump station, you know, there’s going to be a vault there.

00:23:38,900	And then there’s the, uh, there’s like a treatment pond. We’re settling basin sand filter at the discharge side to, to to eliminate some of that nutrient loading that may be coming from Apple Creek. So we have a couple of elements that we would need to wrap up for the final design. So we could do an ask for that.

00:23:53,630	And that would still be pre-construction a pre-construction request. And then like I said, once we get to where we’re ready to bid the project, then we can do the final and we would have to complete those in order to get a better cost estimate for the final construction cost for this project.

00:24:07,700	And then we could roll that into an additional another request for the actual construction cost. Okay. Questions for Travis on that. I think, Travis, if we depending on where this easement, you know, process goes, that might trigger, then I think this next step. So yeah I think it the last lone remaining easement at that point.

00:24:30,230	Then we can maybe look at taking that next step. So yeah sure. Absolutely. Yep. We can put that together at any. Time along with that discussion. I mean the next deadline for water Commission funding is April 27th. Okay. So we do have one more meeting between. Thank okay. Somewhere in that ballpark to get it in.

00:24:53,100	And um, so okay, that’s a that’s a target I guess. Yep. That’s Mark that down. Yep. Okay. Thanks, Dennis. Okay. Uh, we can move on to the next item, the Aero Club lease. I don’t know any updates, Dave or, um. Yes. Uh, Mr. Chairman, the Aero club lease and the Cat leases are both approved by all parties and signed.

00:25:13,630	I’ll work with Wendy to clear up the paperwork. Okay. Um, they’re already completed. I think it’s on our end that we haven’t gotten those to Wendy, so. Okay, we’ll do that. Perfect. Thank you. Dave. Okay, Dave, any updates this morning from Bismarck Parks and Rec? Good morning. Good morning.

00:25:34,200	Uh, just a quick update to keep you in the loop on everything that’s going on. Uh, we did receive that tractor. Still trying to negotiate some prices or get a couple of quotes in, um, for that additional equipment that we talked about.

00:25:51,870	And, uh, um, Executive Director Phil and I have been talking with the architect on the options for that, uh, shower building renovation that we that was approved, uh, still proceeding with that. Um, at this point, and I think that was our initial plan is that we’re probably going to do that work in the fall, uh, after the season’s over with.

00:26:07,800	So we’re not disrupting anybody that’s using the property during the summer. Um, so far, what I’ve seen, we’re in pretty good shape as far as the budget’s concerned and what the projections are from the from the consultants. So. Okay.

00:26:24,830	Uh, they’re still pretty preliminary, but, uh, hopefully we can get to that point and get them bid out and still get some good prices for the fall. Okay. Sounds good. Any questions? Okay. Thanks. Thank you. Thank you. Okay. Anything else on McDowell? Dan, this morning we can move on to item six financial reports this morning.

00:26:41,970	Thank you, Mr. Chairman. Board members, uh, might be a little bit long. One. We have two months, so I’ll just kind of cover here. Um, as you remember, we had our regular meeting, uh, early in the month last month, and so we didn’t get the January review, uh, presented.

00:26:56,430	So in your packet starting on page nine, you have balance sheets for January and February. And so I’ll just go over January 1st here. Um, we start out in checking with a balance of $1,554,645. Uh, in change, we pay bills in the amount of $70,000. Um, we had income in the amount of $236,436.

00:27:25,230	Um, about, uh, 136,000 of that was real estate tax collected, uh, small amount of state aid, but also $67,000 in um, special tax assessments collected. And then, uh, a reimbursement, uh, through uh, I want to say it’s the Des for the grant at Apple Creek in amount of about $28,700. So quite a bit of income.

00:27:51,000	Um, so we ended up balancing checking of about $1,721,000. Our wealth is right at, uh, at the end of January, about $2,490,000. Our reserve fund balance remained unchanged at slightly over $700,000.

00:28:20,770	So total assets are $4,928,000, roughly, um, on the on M front that that special assessments that were collected, we did get about $30,000 on the O&M front in January and about $35,000 in special assessments. So, um, that is January. I would maybe just stop and see if there’s any questions or comments on that. Give me a motion for a separate ones. Are you wanted to do. I don’t. Think okay. Okay. So moving on to February.

00:28:45,300	We started the balance with the aforementioned about $1,721,000 in February, paid bills in the amount of $52,708. Uh, we had income in the amount of $373,000, roughly 252,000 of that was real estate tax collected. Again, a small amount of state aid. Uh, $150. Income from MacDowell dam. Um, and then we had $114,000 in special assessments collected.

00:29:15,300	Um, so, uh, our checking balance ended at about $2,041,258. Avera wealth, um, went up by about $6,000 from the prior month, or 242, $2,496,241. Balance. Reserve fund balance is unchanged on our balance sheet here.

00:29:50,030	And then, uh, so that gives a total amount of current assets of $5,254,569 and change in um, in February, O&M income was right around $930 and special assessments collected were $111,691. So, um, with that, I guess I would stand for any questions. Or in the absence of that, I move for approval of the balance sheets as presented in your packet. Okay. Any questions? Now we got a motion by manager. Read a.

00:30:12,930	Second and second by Manager Smith to approve January and February balance sheets as presented. When do you take roll call? Vote please. Manager Baker. I. Manager Mitchell.. Yes. Manager. Yes. Manager. Smith. Yes. Chairman. Lindenberg. Yes. Motion passes. Chairman. Moving on to the next item. And last statements again for January and February. Presented on pages 15 through 18 of your packet.

00:30:40,730	They look to be in good order. So I move for approval as presented. Okay. And a motion by manager read second second by manager Mayer to approve the January and February profit and loss statements. Any questions on that? If none. Hearing none. Wendy, take roll call. Vote please. Manager Maher. Yes. Manager. Mitchell. Yes. Manager. Yes. Manager. Smith. Yes. Chairman. Vandenberg.

00:31:08,300	Yes. Motion passes are approved. And. Chairman. Moving on. Page 19 is pledge securities at are our securities. And for our deposits at Bavaro wealth. So that’s listed for your information. And then just one other piece of information that is not in your packet.

00:31:28,200	The current interest rate at Bavaro Wealth that we are getting is 3.65%. That’s down 1/100 of a percent from the previous reporting period. So that’s a net of 3.4%. Again, not much change, probably not much different than we can get on that with a CD rate. So overall, since that’s dropped about up a whole percent or so over the last year. Yeah. Yep. Okay.

00:31:51,070	Thank you. Any questions for Dennis okay. Thank you Dennis. Moving on to item seven and drainage permits and complaints I don’t believe there’s any updates on those. I know with the hawk tree HOA I’m not sure there’s any updates there. Travis, where you were? KC I don’t know.

00:32:13,070	Here comes KC so we’ll get it. We’ll get a good update this morning. So. Morning, KC morning. Uh, Casey. Burley County Highway Department, uh, they’re still working on it currently. Uh, they’ve had a few things that are looking into they just haven’t submitted the stormwater management report for review yet. So they are working on it. Okay. Okay. Thank you. Yep.

00:32:38,030	Okay. Move on to projects this morning. First one up there is the whole island, uh, projects that we’re kind of been looking at. Um, I know Travis. You want to give an update kind of on that? David Charter? Uh, the section 32 structure. And I know we’re looking at making an application for a DWR grant.

00:32:58,870	Um, the currently we have we just submitted that you and I worked together on getting that grant in that, uh, cost share for the initial site assessment and survey and geotechnical work on that. So, so that has been now submitted to the DWR for sharing on that.

00:33:15,430	And then as for evaluation of the site and that settlement issue, right now, the river is still ice Dan out there. And so we’re not able to get out there and, uh, do any bath, rhythmic, uh, data, you know, survey for the, the bottom of the river to try to see if we can determine if there’s any movement or displacement of the materials

00:33:30,370	beneath that. And we do have the geotechnical, uh, boring. That’s been done. I haven’t seen the final report on that, but I’ve seen an initial, uh, analysis of the soil profile on that site. But it was all still unofficial at this point. I mean, they haven’t finalized that yet. So.

00:33:47,770	So right now, it’s not really much new on that front or, uh, based on winter conditions, we can’t really do any, anything in the water. And then we’ve got our initial survey that we did on the land, and then we also collected some or we were able to obtain some, some survey points that were previously

00:34:04,030	shot on that bank line there and stitch those into the the points that we had already collected to create a service on that. And then we can monitor for any additional movement after that.

00:34:17,970	And we can kind of quantify if there’s anything happening there and what kind of a rate we’re seeing on that. But for right now, I haven’t heard of any significant movement or any issues on that. And and with the East End condition, we’re not able to gather any more data out on the bottom of the river.

00:34:33,200	So for now it’s just sitting and waiting for things to open up and melt off in the spring so that we can get back out there and complete our survey on the underwater portion of that. And then do an evaluation of that, and then also waiting to see if Barone has any findings and recommendations from their soil. Boring analysis. Okay. So do you have an anticipated timeline? This is for the Roger one, right.

00:34:56,300	Uh, or for the Roger Jones site? Uh, I was speaking with regard to the Dave Schneider site. Sorry, on North and Hog Island, uh, the Roger Jonas site. That is just something that we have been made aware of as being potentially an issue.

00:35:11,300	We haven’t done any survey or soils or analysis out there other than just, uh, being made aware of it to, to watch for any potential additional movement on that. Uh, I guess it would be, uh, we’ve got the photos of the site, so we’ve taken a look at it.

00:35:25,230	You kind of know what it looks like, and I guess it would be up to the board whether they would want to make a project out there or start to try and place some rock on that, or if we want to just keep an eye on it and monitor it to see if there’s any additional movement.

00:35:36,100	That way we can focus our efforts on the more problematic areas, or the more I should say vulnerable areas of that site. But for right now, it’s just something to monitor and, and, uh, keep in touch with the landowner and see if there’s anything, if anything does happen out there.

00:35:50,270	Okay. I imagine on Sunday being it was 71 degrees, probably things started to open up a little. I’ve seen a couple of small open spots, but the river itself as a whole is still fairly, fairly locked in. Okay, okay. Any questions on those this morning projects? Okay.

00:36:08,500	That last item there, that 2231 what that is, is that basically the the application for the charter, uh parcel. So there’s been talk about maybe in the future applying more for a general type of a grant through the state. But this one is just, you know, specific to that charter property.

00:36:29,700	So okay, we can move on to Apple Creek this morning. Uh, Manager Smith, I’m not sure there’s anything updating at this point. Besides, I know there was a dis meeting. I don’t know, Travis. If Michael updated you at all on. And Abram was going to have some amendments to. Uh, yeah.

00:36:55,900	Regarding the Apple Creek and the Dez meeting, I haven’t had I haven’t heard anything from that or have Michael hasn’t given me any information regarding any developments there. Okay, okay. We can probably get an update next month from, from Michael. Okay. Um, I know we have we have emergency action plan on there too.

00:37:18,530	I don’t know, Travis, if you have an update on that one this morning. I am not aware of an emergency action plan for the University of Mary and the Apple Creek slide. I don’t know if that’s something that is. I’m just not aware of. Uh, it. Or is that a intended to be regarding the the part me the emergency action plan for McDowell dam.

00:37:34,400	No, no no no, this is for like this with with the with the county and having a plan in place in case something. Would happen. Okay. That. Yeah. I’m not aware of I’m not familiar with that. So I can’t speak to that unfortunately. Okay. I think. I think.

00:37:51,970	Michael is going to maybe reach out to Mary Singer and see what that says. But Casey, maybe you have an update. Yet. Uh, Mary Singer is currently working on it and going through all the different phases. So once it gets put together more, it’ll go out for comment and input and be able to go from there.

00:38:09,600	Okay? Okay. Thank you. Casey. Yep. Okay. Uh, nothing else on Apple Creek this morning. We can move on to other old business. Uh, this Bernie kind of CRS. I don’t know, Mitch. No updates. Okay. Nothing there this morning. Good. We’ll continue to get, uh, just stay on top of that and see where that goes.

00:38:29,900	Uh, of course, we did have the discussion this morning on the, um, garrison diversion. I don’t know if there’s any more additional thoughts. Dennis, I think you did a good job. Kind of.

00:38:45,970	I think, you know, explaining kind of where I think where we sit as a board that at this point, I don’t believe we have a plan to go to that hearing. Commissioner Woodcock in. But, uh, garrison. So we’re. Hoping but hoping to be a representative of this board there. But I think you’re right in that it’ll be denied. We need another mic over here.

00:39:02,900	Uh, I do think it’ll be denied and ended up in district court. And then I think we’d better be ready to defend ourselves, so to speak. So. Okay. Um, I’m. I was going to go, um, I this first I’ve heard this morning that he’s representing the county, which I don’t think is right, but we’ll discuss it on Monday night and decide where

00:39:20,700	we go from there. Um, uh, if I do go, I’ve they’re several projects that they have garrison diversion does do for Verde County and I won’t go into it now. I think it will save it for the district court because, uh, it won’t do any good.

00:39:38,470	Now, we’re not going to change our mind here, I don’t think. And they’re they’re not going to change their mind at the commission level. I don’t, I don’t think, but that’s up in the air for Monday night. So we’ll see. Yeah.

00:39:52,770	From a procedural standpoint, I don’t know with our resolution that we passed a couple few months ago, if that becomes part of the overall record, I don’t know how that. I suppose somebody could bring it up during the hearing, and then it would be be part of a record, I would guess. But yes, it could be a part of the record. It depends on who might want it to be a part of the record.

00:40:08,030	It isn’t automatically a part of the record. I would think. Yeah, it could be attached as an exhibit from the county commission or not, or from someone else. Uh, but I don’t think the board in its initiative, as has submitted it to be a part of the record as it.

00:40:26,900	So I don’t see that it would, uh, it would appear. , Mr. Chairman, it might not be a bad idea for the water resource district. They are accepting written testimony so we can review the meeting. When was five to. Oh, when we discussed it, review that and then send a letter to, uh, to the board before the next.

00:40:49,400	The garrison Division board before next week’s public hearing indicating our sentiments and what was voted and and that will be entered into the public record. There. That’s a good idea. We could do that. And basically we’re on record, you know, with that resolution passing five oh from this board in support of that. So in favor of them staying in garrison diversion District.

00:41:12,170	So, okay, we could look at maybe figuring out Wendy how to send that to to them and make it part of the record. I’m working on to see when it was right. So, Mr.

00:41:30,300	Chairman, um, Commissioner Woodcock, would there be value your Monday meeting the March 16th? I mean, he brought it up and and he asked he asked, you know, if, uh, I guess he would ask for input. Would it be of any value to have a representative of the water resource district there? Monday would be a bad idea.

00:41:45,930	You might not be able to get to say a thing. I don’t know what the chairman will allow. Um, it’s not a public hearing. It’s just an item on the agenda. But if he’s going to be fair about it, he will allow testimony. So, uh, because he does on other, other items we have all the time. So, uh, it wouldn’t be a bad idea. Okay.

00:42:06,600	And I don’t know, I think it’s about halfway down the agenda of the meeting, so it might be 6:00 before he comes up, but that’s a that’s an estimate. So. That starts at 5 or 530. It starts at five. Five. I have some meetings up at two till five. But you can just I think, Mr.

00:42:32,400	Chairman, I think you just reiterate your, our previous 5 to 0 vote and why why it happened and the reasoning and uh, get that on a public record on the county meeting.

00:42:53,270	Just in just another item on the Water Resource Districts Association board, there’s I saw an email going through asking about who’s going to be there from, you know, the state perspective, water resource districts will have a representative there. I know friends of Lake Sakakawea will be there. Terry. Um, Ken Royce will probably be there either in person or virtually.

00:43:14,370	And so they’ll be there’ll be ample testimony, um, to, you know, from that same perspective to have Burleigh County remain in, um, so anyway. Mr. Chairman. Mr. Chairman. Yep. Ken Royce, if I remember that meeting, Ken Royce had a real good video that he put in.

00:43:35,830	There was maybe 3 or 4 minutes long that reiterated the whole Garrison Division involvement and how it goes back, and how the value and he he had a lot of good points on the value of being in Garrison Division. So we might want to review that. Also. Okay. Thank you. Resolution was passed at the November meeting. November meeting. Okay. I don’t know if there was ever one written up. Not that I’m aware of, but.

00:43:56,070	But it’s in the minutes of the November 12th. Yeah. Just the the text of the motion, I guess, would have been the entire documentation, right? Yep. Yeah. Yeah. All right. Maybe we could draft a letter, Wendy, that we could send to garrison. Asking to see if that our resolution could be made part of the public record.

00:44:28,070	For that day. We can work with you kind of. Maybe on some language. Yes, I can do that. I’ll work with Wendy. Okay? Okay. Thank you. The wishes of the board, since. Yeah, I don’t I a personal level. I probably don’t think we feel the need to advertise it.

00:44:47,030	I mean, it is a public record, you know, um, you know, if people wanted to input it, I still think the the decision, um, has largely been made at the Garrison Division board level already. You know, hearing or not, I think that’s true. I mean, I think they’re going to deny the the request.

00:45:03,370	Um, and so, um, if it gets to a district court situation, information like that I think will be more, more, um, valuable, depending on what side you’re on. Yeah. But I don’t think at this level, I don’t think it’ll make a difference. So your opinion is that we we don’t send this into.

00:45:23,070	Well, you know, if I were king for a day, I would say that. Right? I don’t know that I would, but it’s public record. Yeah. Well. I don’t argue with that. At all, I guess. Yeah.

00:45:35,930	Let’s discuss I guess as a board, what’s everybody’s thoughts? Mr. Chairman, I if I could put here I, I think Dennis has a point. Um, less is more. I mean the board issued its resolution. It’s clear the board may testify Monday night. It’s continuing to advocate for its point of view.

00:45:56,770	Um, that said, um, if you put it in the record with the conservancy district, that does then become that part of the record that you talked about earlier and without a letter and without a copy of that resolution, it’s not automatically a part of the record.

00:46:14,370	So the decision for the board is whether we want it to be a part of that record or let it cook, unless somebody, somebody else can put it in its public record. But you’re taking another step by putting it into the actual record in the future. Yeah, I guess I guess in my opinion, it falls into fights, you know, get into fights that you have a chance at. Right.

00:46:34,700	And so, um, understanding that the Berlin County Commission essentially is, is our boss, um, through allocation process and through appointment process. And so we are to operate with autonomy. I do believe that as well. Um, so we do need to, you know, consider our opinions as a board. But, um, so that’s my perspective on it. Yeah. It doesn’t mean it’s the right one. Just my perspective.

00:46:55,470	Yeah. We’ve made. It known to the county commissioners. Uh, they’re aware of that resolution. So. I mean, Commissioner Woodcock is obviously aware of that. Commissioner Schwab was here today. He’s aware of that. I don’t know if you guys have discussed that at the actual really commission meeting or not.

00:47:10,400	It’s just on the agenda as, uh, a discussion of the garrison diversion controversy or whatever you want to call it, and there’s no explanation, no nothing. And I don’t know who put it on the agenda. It wasn’t me.

00:47:28,800	But, um, we’ll get a chance to discuss it and see, um, I’m really disappointed that he thinks he can. He can represent the commission, because if if the three of them got together and decided he was going to go and represent the commission, I think that’s a clear violation of open record law because we have not discussed it as a group as to whether one person was going to represent.

00:47:45,900	We can all go, we can all testify, but they have to be individual. That’s my opinion. In fact, that’s commissioner. Our chairman, Chairman Bitner, said that, uh, if we were to go individually, we should be representing ourselves as a commissioner, but not as the commission. So, uh, very important difference there.

00:48:04,900	Well, I can’t agree, I guess, with Dennis that, uh, maybe. Yeah, this battle is kind of already been fought. We’re trying to engage into something that I’m not sure we’ll have any consequence. And, uh, might expend some political capital to do that. Mm. Yeah. Good points, Chuck O’Brien. Any agreement? Okay.

00:48:32,030	Mr. Chairman, if somebody goes on Monday night, it would be good that they have the backing today of the board, just like he’s speaking for himself. If you go there Monday night speaking for yourself, that’s fine. But it would be better if you spoke as a representative of the group.

00:48:48,600	Yeah, well, yeah, I can plan to attend. I don’t know, Dennis, if you were planning to attend on Monday, but, you know, we basically, if asked or if we feel there’s an opportunity there to get up and basically reiterate that we did pass a resolution in November as a board five zero that and just

00:49:05,300	keep it at that. And then if we get asked why we think, you know, we can provide some some background as to why. But okay. Yeah, I think the resolution speaks for itself at this point. Yeah. Okay. We did just get money from the Garrison Division in December.

00:49:28,570	Uh, was that for a dial down project? Yes, it was for the, uh, playground equipment. Yeah. Yeah. Yeah, I know we we applied for some grants before through them and got. But. Uh, Mr. Chairman, I just have a comment.

00:49:53,330	Uh, in terms of the individual nature of the water district, and this is a struggle, as Commissioner Woodcock has known two over the years, that there’s a distinction between these two political subdivisions. And the water district is a separate political subdivision. The Burleigh County Commission does not run the water district. The Burley County Commission does two things. It appoints the board members, and it sets the mill levy. That’s it. That’s the whole enchilada.

00:50:14,700	So then the board, the board’s decisions and everything that goes with it, it is not subject to what the county commission may do, nor is the county commission obligated to the water district for, uh, for anything that they may do.

00:50:32,270	But I think as the board moves forward, this is I have always appreciated how the board is cooperative with the county commission. Um, just like the board’s doing now. I think that’s great. And it’s it’s good for everybody concerned. That said, I think we also have to be mindful of that separation between the two political subdivisions. Um, yep. Excellent points. Dave. Okay.

00:50:53,570	Well, at this point that I think would draw the discussion on the action item of working to get this submitted directly to garrison as a, as part of their record. So we’ll just kind of let the resolution stand and we’ll attend the meeting on Monday.

00:51:11,170	And I don’t think at this point we’re planning to attend the March 24th meeting or a public hearing, and Carrington. But, um, maybe there’ll be others there that can mention that if it comes up about our resolution. Okay. Um, but there was some discussion last month about some, some older agendas and documents and some scanning.

00:51:34,700	Um, let’s see, Wendy stepped away, but we can maybe come back to that and also some aerial photos that were some found that Michael had found in his files. So we can just I don’t know if there was going to be some research as to. I can speak to. Yeah, maybe. Brian. Details. Uh. So. I pick those up.

00:51:47,970	From Houston Engineering. Uh, those were dropped off with Rod Basler DWR. Uh, February 13th. He did ask if we had a preference or if we needed any area specifically done in kind of a hurry. I said, we’re not on a timeline. We just want to get them done eventually.

00:52:03,600	Um, so that was the communication and he’s working towards geo referencing and uploading them to the to the site. Did you find out, Brian, and whether or not they had, uh, their own set of those? No, they do not have that. All right. Version. Okay.

00:52:21,030	Um, and then the only question I have remaining is, once that is complete, do we have a means method of what we want archived because it will be in a digital form at this point. Yeah. I don’t know if it’s necessary to keep a hard copy. I don’t know if we need to make that decision now. But are we talking boxes? One box, one Baker box.

00:52:44,570	So, Wendy, we were just talking about the aerial photos that are going to get scanned and be digital. Okay. Trying to do we have a way of storing electronic files through, you know, through your company or. Yeah, we have everything scanned. Well, the state will have them, uh, hosted okay.

00:53:05,970	For the general public. Um, and I’m guessing those are backed up on a couple servers. Okay. And then once they’re scanned, they want to give us back the original. Yeah. Since it’s our property, then we have to decide what we want to do with the original copies that have already been digitally. Yeah.

00:53:21,400	I hate to destroy those things, but I don’t know. Roger’s got a big garage. And. I don’t know if Jim. I mean, if that’s one box we have a storage room. I mean, if there’s scam. I think we’ve got 3 or 4 other boxes of yours in there.

00:53:44,430	I’ll bring them back here and we can decide at a later date if we choose to do something else. But. Yeah. Okay. I mean, if you needed to look at, I suppose you’re looking it up in a section, Township and range.

00:54:03,030	Or how? Well, if you actually needed one, what would be the easiest way to look at it digitally or the. Actual digitally? Yeah, yeah. Your answers are question. I tend to agree. I mean, we’d save it. And then ten years down the road somebody else. Oh Dave, maybe you can find your residents on those and maybe you won’t 19. 51 5051. Yeah, yeah.

00:54:27,130	I believe the only one the state had from the 50s was the 57. Okay. If memory recalls. Okay. So they did not. Yeah. They did not have that one. Okay. We’ll get them scanned them and then we’ll kind of come. Yep. We’ll come to that. Okay.

00:54:47,030	Uh, Wendy, there was the agenda book scanning item on there under old business. I don’t know if there was no there was discussion last month about some of these. Older are scanning them. Okay. In our office. They are searchable. I bought and searched them. Okay. As soon as she’s done the scanning them all, I will put them on the website. Perfect. Thank you. Okay.

00:55:03,430	What was the timeframe on those letter of the years of those that you’re scanning? Oh 11 I think two like 17 I remember correctly. Yeah. Okay. Before my. Time. Okay.

00:55:30,100	Let’s move on to new business in your packet on page 32, there is some, uh, there was some liability coverage, uh, language updates from India. So it’s just kind of more informational. A lot of insurance, legal talk there. So, um, page 39 of your packet, there is a public notice on a project that really county is looking at, um, KC did come up and visited a little bit this morning.

00:55:53,100	So it’s just a some road improvements up on, um, what is it, North 26th Street by Deadwood Drive in 43rd Avenue. And they’re looking at. So got any comments? You can certainly reach out to KC or through us if you want to provide any comments. And then there’s a Sovereign Lands.

00:56:14,530	Uh, permit in there as well for our project. The, um, you know, this is the yeah, not our project, but through the Burley County Park Board, they’re looking at these. Uh, yeah. The the boat ramps, some additional work there. So. Okay. Um, we have additional, uh, correspondence and documents that provided for plats and stormwater management plans there.

00:56:38,200	You see, the four projects are listed this month. The All-American subdivision, KB subdivision, uh, the Burley Park fifth final plat. Is that one? I don’t know, Wendy. I’d be interested. Is that one out? Kind of near McDowell dam? I know they had some property out there that jutted right up against our property, but in case you might. Know. Uh.

00:57:03,000	A burley Edition fifth plat is out by the industrial park on 158th and I-94. Oh, on the east side. They have, uh, that’s where strata or Knife River, now that they bought them all that.

00:57:25,030	So they did a master plan 4 or 5 years ago, and they’re just doing the same thing, keeping in compliance with with that master plan. And there will be a there’s a drainage ditch that goes through that. They have a drainage easement for it. And it’ll they’re just staying in compliance and do the next part. They’ll sell the lots and we’ll get a site plan for whatever goes in there. Okay. Okay. Thank you. Casey. Yep.

00:57:44,630	All right. We can move on to item 13 this morning. And approval of the bills. Board members. Uh, page 62 is a summary of the bills. Um, I’ll just highlight a couple of things out there. There’s, uh, there’s actually three bills from, uh, Bismarck Parks and Rec, uh, in January and February bills.

00:58:01,900	But then there was a supplemental, um, amount for December as well, included in there. So we’re seeing just the effects of of having that early board meeting last month. Some of these didn’t get into last month’s bills. Um, and then, um, that also includes a couple of bond payments for Burnt Creek and Mark projects as well.

00:58:24,230	So there’s, um, some big numbers associated with that. Um, math adds up. I guess I’d move for approval of payment of the bills. Amount of $152,747.60. Okay. Got a motion by manager to approve this month’s bills. On second. A second by manager Smith. Any questions? Hearing none. Wendy, take a roll call. Vote, please. Manager. Manager. Yes. Manager. Mitchell. Yes. Manager. Yes.

00:58:53,470	Manager. Smith. Yes. Chairman. Leonard. Brennan. Yes. Motion passes. Bills will be paid. Uh, remaining items in your packet there. Uh, page 63 to 163 is just additional details for this month’s bills.

00:59:16,430	And with that, we can now look at, uh, I will look to entertain a motion to adjourn our regular meeting this month and move into an executive session to consult with our our legal counsel regarding easement negotiations for the McDowell dam project pursuant to North Dakota Century Code 44, dash zero four 19.2. At the conclusion of that, um uh, executive session will leave that meeting and come back and reconvene our regular meeting for the month.

00:59:37,930	So. Okay. Got a motion by Manager Smith. Second, second by Manager Mitchell to adjourn this meeting and move into executive session. All those in favor, say aye. Aye, aye. Opposed? Ayes have it. We are adjourned.