00:00:10,060 S2: I have 5:00. It's June 2nd. We're in the Tom Baker room of the city County building. This is the Bismarck Burleigh Commissions Committee meeting. First, we'll call the meeting to order if we can call. Roll, please. 00:00:22,540 S3: Administrator Thomas, present. Mayor Schmitz. 00:00:25,380 S2: Here. 00:00:25,980 S3: Commissioner Botkin here. 00:00:28,340 S2: All right. Next item is public comment restricted to items on the agenda this time or April, I guess was our last meeting. Anyone wish to speak? Please come forward, identify yourself and tell us your topic. 00:00:45,220 S2: I'm not seeing anyone jumping up. I'm going to close public comment period. We'll move to item three. Approval of minutes from April. 00:00:53,620 S4: Move to approve second. 00:00:55,660 S2: Is there any discussion? Hearing none. We'll call roll. 00:00:59,940 S3: Mayor Schmitz. 00:01:00,860 S2: Yes. 00:01:01,500 S3: Commissioner Yes. Administrator Tomanek. Yes. 00:01:06,020 S2: All right. Motion carries. Next item is Burleigh County Emergency Management building lease agreement. Because this was a topic at the last meeting. Yeah. 00:01:17,410 S4: And so, um, actually, I'll have the state's attorney. Julie. Lawyer. 00:01:30,570 Um, did you get a chance to visit with, uh, the city of Bismarck's attorney? S5: I did get an email from her at approximately 325 this afternoon with some additional information. 00:01:37,810 S4: Okay. And can you. Yeah. 00:01:42,570 S2: So people can hear. 00:01:45,450 S5: I said I did get some additional information from her via email at 325 this afternoon with, uh, basically communication about a grant request and grant inquiry and then, um, indications that there is a 2004 joint powers agreement for the Combined Communications Center, one for emergency management. And she indicated that that had been changed, but not in writing. And so I'm still waiting to get that information from her at this time regarding like, the split of costs between the city and the county regarding that. So that's where I'm at. I did review the information that we did have, which was the lease agreement, which of course it's a group. It's a group lessee kind of a thing. And so it's just what the lessee is responsible for. And it's between the three of us, which would be the city of Mandan, County of Burleigh and City of Bismarck to figure out how we're going to divide it amongst ourselves. Apparently, there is a 2004 Joint Powers Agreement that indicates the budget was to be split 65% to the city, 35% to Burleigh County. I'm not sure where Mandan weighs in regarding that, because they're one of the lessees on the on the agreement between DCN and the entities regarding the use of that space. Um. 00:03:04,310 S4: So, Jason, do you have any information on where Mandan comes in on that. 00:03:10,010 S6: I have not had any conversations with Mandan, particularly on on this at all. 00:03:16,610 S4: So they actually occupy no space in the building. It's just the JPA. 00:03:22,010 S6: Right? It's my understanding they do pay a portion of the rent, but I would imagine it would be predominantly for the second floor, the the dispatch area. 00:03:31,690 S4: Right. Okay. So you. 00:03:36,410 S5: Know, so and so I know that there's an issue with, um, who the property belongs to as we're kind of making our, our split because the commission, the county commission has indicated that all of the specific entities that are in different places are moving to the provident life building. And so my understanding is there's an issue with what property goes with which agency. As we're leaving the, um, the current place where our emergency management is now and there isn't anything, as far as I know, other than this joint powers agreement, I haven't seen indicating how the property is going to be divided in the event that there is a breakup. Um, but what I do know is that there are some of the property that's in contention is stuff that was obtained through a federal grant. Um, the federal grant was through a Burleigh County grant that was open that it looks like, according to the information I received, they reopened to do the allocation of money through the Burleigh County grant. Um, the property that was supposed to be purchased was for specific purposes. Um, that's kind of where I'm at at this point. Um, per the grant and per the feds, um, the items that were purchased are inventoried under Burleigh County because it was under a Burleigh County grant. Um, so in the paper, things that I have seen, that's what it looks like at this point. Like I said, I'm still waiting for that joint powers agreement to take a look at what that was, because that was in 2004 before I was in this role, so I don't have a copy of that one or either one, I should say, for the Combined Communications Center or Emergency management. Um, and that's what I see. So at this point, everything in writing indicates the property is, um, Burleigh County. Through that grant, I do know that we're not taking everything. My understanding is things that are mounted to the walls are staying on the walls. Um, and part of that is Burleigh County property that's being exchanged, um, and left there. So I don't have those specific numbers to know what the value of that property is and what the value of the property that we indicated we were taking is, is going to be. So I can't say whether that falls under that 65, 35 split that's in writing at this point. So if you have copies of those that'd be great. 00:05:56,780 S2: So I have a bigger question. And to me this is I get I understand the equipment and I understand our emergency services personnel or emergency management personnel and their desire to maintain some of the equipment I get wrong. I understand everything you've said about the grants, but I think there's a bigger item, and that is actually the lease that is jointly inseparable, liable for all three parties. And my question more is, is how will the city of Bismarck be made whole on the share of the lease that would be not being paid by Burleigh County, which the Burleigh County is technically obligated to pay for the next 13 years? I believe it is. And there's escalators in it. So how? That, to me is a a larger number and a larger concern for the taxpayers. 00:06:42,680 S5: So we're lumped together as lessees in that lease. 00:06:46,080 S2: But it says jointly and severally liable. 00:06:47,880 S5: Correct. And we're lumped together in that lease. And like I said, there's nothing in there that indicates who's paying at what portion within that lease itself. 00:06:55,560 S2: But we have been we've been under an arrangement where Burleigh County is paying something. Mandan is paying something. City of Bismarck is paying something. So if Burleigh County just exits, that's put. And that leaves someone else Liable. I think there's a cause for concern for my constituents, the city of Bismarck, taxpayers, because it will cost them a lot more money. Well, some more money. I don't know how much. So how might. 00:07:25,540 That's to me is a is big a deal a probably bigger deal than the equipment? S5: Okay. 00:07:27,940 S4: We don't know what the terms of that JPA are until you get that. Because I would hope that there would be some more clarity in that. 00:07:36,340 S5: And it looks like I was just committed that at 5:06 p.m.. So like a minute ago it came to my email and. 00:07:42,580 S2: I don't. 00:07:42,820 S5: Have. 00:07:43,700 S2: That information either. So that's but that's I understand where my concern is coming from. 00:07:48,060 S5: But in looking at that lease agreement to it says that it can be terminated under I don't remember what paragraph it is, but basically if the governing board um. 00:08:00,180 S5: Orders by order resolution, I can't remember exactly how it's worded. Um, basically has us move from there or by there order. We're no longer using it. Then we can terminate the lease. I can't remember which position that is. I have to pull up the lease again to. But when I looked at it, the rights of the lessees, which would be the three entities to terminate that lease, are very limited. Um, I don't know who approved that lease. Um, well, but that. 00:08:27,280 S2: Was like it's pretty limited that the lease the lessees can't get out very easily. 00:08:31,880 S5: Correct. Um, one of those, though, is, um, like I said, if by order of the governing board, we're no longer allowed or able to use it, then that's one of the ways to get out of it. Um, like I said, there's nothing in there regarding who's paying it. Just the lessees are responsible jointly and severally. That's right. So if one doesn't pay, the other two are liable to pay it. That's what jointly and severally means. And so if we're no longer there, obviously we're not going to be paying for rent of a place that we're not going to be at. And then the other lessees position is that you can sue us for the amount jointly and severally. That's what that means. And so again, I'd have to look and see what this joint Powers agreement says about how we separate from that and what the percentages are that are owed and what we're responsible for. 00:09:21,270 S2: So I would just ask that the two commissions and two municipal bodies work to come up equitable because it's not appropriate. 00:09:32,430 S4: That and especially as we're all in the budget process right now. So changing something whole, whole handedly during the budget process is not fair either. So, you know, we'll figure out some. 00:09:47,190 S2: So, I mean, I think if we can get some. Yeah, whoever the persons are to work on negotiating that the equipment I get I understand exactly. We're coming. Uh, Miss lawyer, it's I understand the concerns. I think that Gary did a lot of work to make sure those dollars were secured through the grant. And that's where his concern is. Is the city did the did the legwork, but I understand the economics and the reality of the agreements. And so it would be wonderful if we could just work out a deal where we got some of the equipment, but not obviously, maybe this 65, 35. 00:10:24,380 S4: Or 70% of the value of the equipment there. 00:10:27,690 S2: Yes. I think it's some of the tables and things. Yeah. He would like to still have access to it, I believe. 00:10:31,810 S4: Um, I think at this point, because Julie just got that I think, uh, that portion of this, we should probably table and let staff and us go through this process and bring this up at the commissions. Um, we'll have some more direction after the two Julies get together, and. 00:10:53,650 S2: And maybe they can work out. 00:10:54,850 S4: Something. Yeah. And and work through the process a little bit. 00:10:57,690 S5: Because obviously it's that joint powers agreement that's going to dictate. 00:11:00,770 S4: Because the lease. 00:11:01,330 S5: Rules are split. Yeah. 00:11:02,770 S4: The lease doesn't do a whole lot. But if there's something in the JPA that, uh, can provide a good path forward. 00:11:10,510 S2: So can they're both sitting here or both in the room. So can the two of you work together, at least on figuring. 00:11:17,190 S5: Definitely. I'll get this read and I'll give Julie a call tomorrow, okay? 00:11:20,430 S7: No. 00:11:21,230 S5: You're out tomorrow. 00:11:23,230 S2: Yes, of course you can. 00:11:26,310 S7: Just to be on real quick. I'm going to be stuck on a plane tomorrow, going to Oregon for the next three days. Okay. So when you get back, I will be back Monday. 00:11:37,710 S4: Okay. 00:11:38,310 S5: I'll be back on Wednesday. 00:11:39,590 S7: Okay. 00:11:40,030 S5: Sometime after. 00:11:40,750 S7: Wednesday. Okay. We can. 00:11:42,550 S4: Say so. Why don't we just plan on having council work together? We'll get together and we'll address this at both of our commissions. And if we need to pull a special mission, uh, meeting for this, we will. 00:11:55,830 S6: So not back to this group in July. 00:11:58,390 S4: You're saying I would like to get this resolved before that, wouldn't you? I mean, we're in the budget process, and you guys are in the budget process, so having a better resolution before July would. 00:12:09,230 S2: Be if we have to call a special meeting of this group to give a recommendation back, because we could do that by teams pretty easily. Just because, I mean, sometimes schedules getting picked up. 00:12:20,140 S4: I think this is timely. 00:12:22,180 S2: I agree. 00:12:23,060 S4: I because we're out of the building. So this month. So I would like to get this resolved before July. 00:12:33,380 S2: Okay. 00:12:33,820 S6: So I guess I had a question for state's attorney lawyer. Were you in your position at the time this contract was drafted and signed? 00:12:42,140 S8: It was, but I don't recall 2018. 00:12:45,420 S6: And for those that didn't hear, she said yes, but doesn't recall the review. But I guess where my question lies. And when you have a chance to review the contract itself, article 19 or paragraph 19, where it starts the lessees right of termination, it goes on to sub letter A and then sub letter B, and in paragraph B it talks about article 19, section eight. Paragraphs one, two, four, five and six here and occur. Paragraphs four, five and six are not part of that paragraph, so I'm wondering if there was a different version that was signed, if there was a draft that included something. If you've seen a different version of this. I wasn't in my role at that time. I was not part of any of this. Um, if there are previous drafts or other versions, we would not have record of those because they're not the final. So I guess in my mind, there's unanswered questions within this contract that I was just curious what those paragraphs would be. 00:13:41,200 S5: Um, the first time I saw it was when Mary had sent it to me when all this came up. Okay. It never came to my office for a review before it was signed off on. 00:13:49,240 S6: Well. That's unfortunate. 00:13:53,040 S4: Makes things complicated. 00:13:54,280 S2: Okay. And then hopefully we can still figure out a way that's reasonable for whatever the equipment is. So we have some pieces left so we don't have to find ourselves trying to buy a bunch of equipment. Right? Yeah. On short notice. On short notice. 00:14:08,160 S4: Well, and some of the stuff was Burleigh counties that was brought over there as well. That's part of that list. Like Burleigh County on the copier. Um, and some other stuff too. So. 00:14:19,540 S2: But okay. 00:14:23,780 Do we have a direction? S6: So I guess if I'm clear on the understanding of the consensus, the at the staff level will work together prior to the July meeting and then hopefully come to consensus and then separate and come forward with recommendations to our respective boards. 00:14:37,900 S4: Correct. 00:14:38,540 S6: Okay. I can do that. 00:14:40,860 S4: Okay. Yeah. Because I think just we're out of the building and this month, and just from a timely perspective, I don't want to wait until July for getting back with this, this group, if we need to call a special meeting, we will. Okay. Okay. 00:14:55,140 S2: All right. Anything else on that topic? All right. Item five is budget 2027. And I know I asked for this to be on just so that we had clarification. We've already covered and I listened to your meeting last night. So, um, I kind of knew where where you guys were at, and it confirmed what I thought, but we in April, we were. You were going to go back and talk to the commission. So, so for for. 00:15:20,960 S4: Purposes of clarity, just, you know, more opportunities for the public to know what we're doing budgetary, both in the city capacity. In the county capacity. Um, you know, we you know, if you want to run through them, I can. 00:15:34,080 S2: So I've got I've been given a handout for public health. Based upon the 2575 split, which we probably need to make sure this gets in the record somehow. But, um, the the good news is, when it comes to public health, the proposed or budget request is a very modest increase. It's like less than 1% overall. And so the corresponding share toward bids for Burleigh County is about a $4,000 increase year over year. 00:16:10,840 S4: Yeah. And we're still committed to the 25%. So okay. 00:16:14,790 S2: So unless there's further questions on that. No. Okay. Um, and then my only question was on. I don't know if we have any numbers coming forward for the detention center yet, so we can try to stick into our budget. Uh, I don't know if that's been worked on or. 00:16:31,950 S4: We're not through that yet. Kelly didn't have those numbers when I asked him last night. Um, we. 00:16:37,910 S2: So if you could get those forwarded to us. 00:16:40,310 S4: Yeah, I'll get those forwarded to you. 00:16:41,510 S2: Do you have something waiting? 00:16:42,750 S4: If I. 00:16:43,230 S2: Can. 00:16:43,990 S9: Um, the jail budget meeting is actually tomorrow. Yeah. Okay. Uh, with the subcommittee. So we should have some more information then. 00:16:52,110 S2: Okay. Just so we. 00:16:52,950 S4: Can forward that on to Jason so he can get. 00:16:54,990 S9: That. Yep. When we get through with our meeting tomorrow, I can forward on. Perfect. Okay. Thank you. 00:17:00,310 S4: I mean, we had a ballpark, but it's not. It'll be better tomorrow. Yeah. 00:17:04,830 S2: Just so we can. I know it's we're kind of. We're all working on this together, but obviously our budget meetings are coming up in the next weeks as well, So, um, the lease for the first floor, the you've indicated through 20 all the way. 27. You want to I mean, do you want I mean, I'm sure we could work with if it got new or done earlier. We'll just work with you. 00:17:29,890 S4: Yeah. As of right now at 2027, the through the entire year, um, depending on the construction timeline, which those always change. Um, but we're foreseeing for budgeting purposes the full year. So the same with it. Okay. 00:17:47,370 S2: So and then I think there will probably be some modifications to the actual dollar amount because you have fewer users. 00:17:55,050 S4: Right. 00:17:55,610 S2: Going forward. So we just know that that there will be some money. We'll have to work with that as as time moves forward. 00:18:04,330 S4: Uh, so did you have the lease amount for the first. 00:18:08,250 S2: Year, 13 for the IT services? 00:18:11,170 S4: No, for the first floor. 00:18:13,230 S2: Same as it was last year. 00:18:14,270 S4: Okay. Yeah. 00:18:15,150 S2: And we were second. 00:18:16,350 S4: That's where we're at with the. With the courthouse. 00:18:18,230 S2: That's where we're thinking. Yeah. They're matching per square. 00:18:20,710 S4: Yeah. I mean, if we're raising rates, we're raising it on our own taxpayers, which makes zero sense. 00:18:26,150 S2: So, um, so, yeah, it was the same. That's what we're planning on anyway. Right. Jason? Correct. 00:18:33,470 S6: Yeah. No changes proposed for our side of things here. 00:18:36,350 S2: And we just know the IT service agreement. There's because you have probably fewer devices on that. There will be some adjustment related to that down. I'm guessing. 00:18:47,270 S6: I think there were four users that come off this year. Does that sound right for the. 00:18:53,670 S4: What was that? Mary. 00:18:54,510 S8: It's fine. 00:18:55,510 S4: It is. 00:18:56,830 S8: And I worked on it. 00:18:57,710 S4: Okay. Perfect. 00:18:59,230 S2: All right. So I think we're just good. I just want to make sure we touch base. So we knew we were. Yep. 00:19:10,470 Um, I don't have anything else under the budget item that you have anything? S4: Uh, not under budget. 00:19:12,150 S2: Okay. Um, Jason, do you have anything? 00:19:15,250 S6: No, sir. 00:19:16,370 S2: All right. Item six is other business. 00:19:18,970 S4: Um, I did want to run through the 2026 primary election information. Uh, of course, the election is June 9th. Uh, some key dates that are coming up. Uh, this week, June 4th is the last day to mail ballots outside the city of Bismarck. June 6th is the last day to mail ballots within the city of Bismarck. Voters can still fax or email applications to us after the above dates, as long as we get the return ballots by June 9th at 7 p.m., June 9th. Absentee ballots received after 7 p.m. on Election Day will not be counted. That is a change this year, so make sure that absentee ballots are in before 7 p.m. on Election Day. As far as early voting, Bismarck Event Center main arena, uh, opens up June 3rd, which is tomorrow, noon until 530. Thursday, June 4th, nine until 530. June fifth. On Friday nine until 530. Saturday, June 6th nine until 1 p.m. and Monday, June 8th. Nine until 5 p.m.. And then, of course. Election dates. General election is coming up next Tuesday the ninth, so poll hours are 7 a.m. until 7 p.m.. 00:20:36,680 S2: And just back to the mail. Those are the mail out dates direct from the county to or the. 00:20:42,520 S4: Yeah, for the absentee date. Okay. Ballots. 00:20:44,720 S2: All right. 00:20:47,720 Anything else? S4: Mary, did you have anything else to add? Okay. All right. 00:20:51,480 S2: Perfect. We adjourn then. 00:20:52,880 S4: All right. 00:20:53,440 S2: Thank you.