00:00:14,070	It’s 5:00. We do have a chaplain. Please. {test line} My favorite show. This is the Sheriff’s. {test line} When? When I’m walking around at the jail. I’ve been called {test line} sheriff a couple times, so, uh, I’m.

00:00:42,630	I’m not as pretty as he {test line} is, so, commissioners, thank you for allowing me to come and {test line} pray tonight. And let us pray. Heavenly father, I thank you for this commission and the work that they do in this community. I pray that your hand will be upon them, that you’ll protect them. Watch over them.

00:00:56,800	And God, most of all, just give them wisdom in the decisions that they have to make. Father, I pray for this meeting tonight. I pray that everything goes smoothly and we have a sense of cooperation with citizens and the Commission. And I pray your hand will be upon this meeting, and I pray that it will get done at a good early time.

00:01:13,870	Father, I also pray for the citizens of Burleigh County that your hand will be upon them. Watch over them, protect them. Be with our first responders. And as this is the week for our correction officers nationally, we do thank you for our correction officers. Ask for their protection upon them and their families.

00:01:32,000	Watch over them and protect them as well. Pray this in the name of your son. Amen. Let’s stand and do the National and national. Uh, Pledge of Allegiance. I’m not singing. I pledge allegiance to the flag of the United States of America. And to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

00:01:55,530	Thank you. Commissioners. Thanks for not singing. Call the May 4th, 2026 meeting of the Burleigh County Park Board to order. First thing is roll call of members. Commissioner Herman here. Commissioner Woodcox here. Commissioner Munson here. Commissioner Bakken. Here. Commissioner Schwab. Commissioner Behm. Here. Chairman Bitner here. Next is the approval of the agenda. Commissioners. Any additions? Subtractions? Mr.

00:02:25,530	chair, I would like to add after item number seven, reviewing dredging bids. Okay. Reviewing, dredging bids. Anything else? I’d entertain a motion to approve the agenda. To approve amended agenda. Second. Motion. And second, to approve with the change any further discussion. Call the roll. Commissioner Woodcox. Yes, Commissioner Munson. Yes, Commissioner Bakken. Yes, Commissioner Schwab.

00:02:55,370	Yes, Commissioner Behm. Yes, Commissioner Herman. Yes. Chairman Bitner. Yes. Motion carries. Next is consideration of April 20th, 2026. Meeting minutes. Mr. chair, I read them and would move to. Approve. Second. Motion and second to approve the meeting minutes. Any further discussion? Call the roll. Commissioner Munson. Yes, Commissioner Bakken. Yes, Commissioner Schwab. Yes, Commissioner Behm. Yes, Commissioner Herman. Yes.

00:03:19,500	Commissioner Woodcox. Yes. Chairman Bitner. Yes. Motion carries. Next is a public comment, period. This is restricted to Burleigh County residents and landowners. And there’s kind of a long list of policy that goes along with that. But if anybody has any public comment, come on up to the podium.

00:03:38,730	Give your name and address has to be relative, obviously to the agenda or previous agenda. Anybody. This part is part. Okay. Second, call anybody for public comment. Third call any public comment. I’m going to close the public comment period and move on to campground discussion. Commissioner Munson, you have that mister chair.

00:04:10,170	Um, I’m not sure where the campground discussion came from other than some of our toilets are in by the one campground that we have. Uh, I would like to update the group that we did have an interview for our temporary park worker. Uh, I believe HR was going to make an offer today, so we hope to have some relief. Uh, in that situation.

00:04:29,430	Uh, HR is still working on the combined hybrid job description between county highway and park. Uh, if this young man does work out, uh, he will be available to us.

00:04:51,170	The end of the first week of June to the end of July, which then would give us good time for Commissioner Schwab and I to hopefully interview, uh, candidates for a hybrid position that would work between the highway and the, the park board. So, uh, if everything falls into play, uh, that’ll work out really well, uh, for us as a group. Um, I did have. And this is maybe where the park discussion came into play.

00:05:14,100	I had a volunteer, uh, that is willing to watch the campground of nifL for us. Um, he wouldn’t work for us. Did money pay for it? But he would check the campground on a daily, weekly basis to make sure that we didn’t have residents in there longer than their two week period.

00:05:31,230	Uh, and so with this group’s consensus, if that is something that would work, especially between now and the time we hire our temporary worker, uh, that individual would like to help us out. Um, I thought that was a great offer on his part. I really appreciated it.

00:05:50,470	Um, he approached me after the last park board meeting to let me know that he would he would he would do that for us? Sure. Uh, Commissioner Buchen. Um, I love. The fact somebody is willing to step up.

00:06:08,800	The only question I have is, have you vetted that with Pam through HR? As far as liability? I have not. Which first step here, if you guys are okay with the consensus, I will move past Pam. If we can work through the the liability concerns, then I would say absolutely wonderful. And then clearly it’s not an authority position. Correct.

00:06:28,900	It would involve either communications with you or possibly the sheriff’s department depending on be done or what have you, but preferably through you first. And we had that conversation, uh, last meeting and he was great with that. So feel. Free to call Commissioner Munson at 3 a.m.. Yeah. My ringer goes off at eight. Just in case anybody wants to know. Uh, so, on to the vault.

00:06:47,800	Toilets in our parks. Uh, because we don’t have a temporary employee hired yet. I reached out, or I had audit response. Reach out. Uh, to secure bids on cleaning. Uh, spiffy cleaning our vault toilets, uh, at the parks. Uh, obviously, you see the bid that’s attached? It is fairly expensive. Um, and audit response. Koski.

00:07:16,370	That is per cleaning. I believe. So, yes, that’s what I thought. Um, $460 per cleaning to have a service go out and clean our our vault toilets on site. Um, I would recommend that we consider at least two of those cleanings between now and our temporary employee is hired. Um, but I don’t know if that.

00:07:45,270	It’s obviously not within my budget. Uh, I will have to find money somewhere within the portfolios that I have to pay for this. Um, but, uh, we’ve had some complaints. Uh, I do know auditors. Vance Koski. They are now being pumped. Is that correct? They were two weeks ago that we had received that information.

00:08:08,170	Uh, so the they are being maintained in that fashion. They’re being cleaned up, but they’re not clean. They’re not stocked with toilet paper. There’s nothing being done at this point. Uh, for that. Sure. Okay. Hang on a second.

00:08:25,800	I think we should point out that even though it sounds like, you know, for 60 per time is kind of a lot, we are talking about all of the individual places. We’re talking about landing McLean bottom, uh, nifL landing, Swenson Park and Kimball Bottom just so that the public understands that that’s not for cleaning. One’s not one one site. Correct. It’s all those sites. Commissioner Bakken. Well. and just.

00:08:46,400	For a point of reference to the public notice, did you actually get a bid to on, uh, what, a rental. Rental we had asked? We haven’t received. That bid. Do we not get that? Okay. No, because I am. I’m guessing this is notably less. Uh, you. Know, for auditors. Moskovsky, we pay for, um, Mitchell.

00:09:09,530	I’ll by wing. Do you remember how much per year to have those? Not offhand. Not offhand, but a couple thousand dollars seems to come to mind. I think so, yeah, to have those spiffy for the year. And they’re out there for five months. Six, five months. That includes the cleaning contract.

00:09:28,170	That’s cleaning and emptying and all of that. So. It’s not far off from what this would cost. This is not a weekly. This is per time. as needed as needed.

00:09:47,700	Who’s going to determine as needed? I, I would recommend that we do it now and one more time between now and the temporary starts, so that we stay ahead of. Unfortunately it’s a bathroom and unfortunately things are not always as clean in there as they should be. Um, but I would move to approve, uh, at least two cleanings between now and our temporary employee. Second for discussion. Motion and second for discussion. Go ahead.

00:10:13,530	Um, have you began the process of identifying funding for this? I have not. Okay. There. Mister Chairman Commissioner Woodcox, don’t. Each. Of these landings have an individual budget? Yes they do. And why can’t we take it out of that? The. The concern I have is that that was not budgeted. This.

00:10:41,900	You know, I budgeted equipment and personnel, uh, county personnel to do that. Um, not a service. But the cost would be like for, uh, Steckel, $550. Uh, McLean bottoms would be, what, $50? And a boat landing would be 75 per person. Per unit per. That’s only $150. That’s very reasonable. So.

00:11:11,570	So the question then is, from a budgetary perspective, you have budget for that temporary. temporary employee. Employee. Well, I did not have. I had. So I had budgeted for Parks and Rec to do that work, not our own employee. Yeah, I would think. I would think it would wash. Uh.

00:11:37,370	I think we can review the budget. We’ll look at the end year end numbers. Taylor. Um, give us me on the year end stuff for those individual parks. I think there’s we’ll we’ll keep this on the agenda for the next meeting so that we can discuss that financial part. But I suspect it won’t be a problem.

00:11:58,170	For sure. So do you want a motion to. Get them to do it right away? Yeah, yeah, yeah, we need to. I think we need to. It’s been, uh, kind of a long time. In a while. They’ve been cleaned. Yep. So next meeting will be just discussing the budget, but the motion is to approve it.

00:12:15,800	Yeah, we’ll find out where we’re going to, you know, pull the money from. But I think I think for that amount, we have to do it. So. Yeah. Um, any further discussion? Call the roll. Commissioner Bakken. Yes. Commissioner Schwab. Yes. Commissioner Behm. Yes, Commissioner Herrmann. Yes, Commissioner Woodcox. Yes, Commissioner Munson. Yes. Chairman Bitner.

00:12:34,230	Yes. Motion carries. Uh, the item that I had asked to be added to the agenda is the dredging bids. Uh, the bids will be opened on the 19th, which is the day after our next meeting. Uh, I’m asking for approval. Uh, if the bids come in below the $10,000 budget per ramp.

00:12:58,230	Uh, if this committee would give me approval to move forward. Uh, with those bids. Because otherwise we’re not reviewing them until the first week of June. And by the time we enter into the contracts with those individuals, that individual to dredge, we’re probably not getting dredged until the middle of June. Right.

00:13:23,070	Commissioners, um, Commissioner Munson mentioned this to me, and and I do think I have to I have to agree with him that the ramps have, uh, sediment buildup that we probably should have already been on this. And the bid process is not necessarily what we should have been following here.

00:13:42,100	We should have probably been following the court process because it’s such a low amount. And going through the bid process and whatnot is what has bound us up. And I think if we wait until after the next meeting, that unnecessarily backs us up even further. Commissioners and I would support commissioners months and requests. Move to. Approve second. Motion and second, any further discussion. Yeah, actually. Commissioner Bakken.

00:14:07,170	So the state of affairs right now with the dredging that needs to take place, are how well is the access? Because I know there are our boat ramps are being awfully burdened this spring because of what. It’s doing. I can kind of answer that maybe a little bit there. They’re about half capacity. Half. Okay.

00:14:27,400	Well, and we had a report last week less you know, but yeah, we had a report last week that there was a gentleman that went out of nifL with John Boat, flat bottomed and literally only had six inches below his boat. Yeah. To believe that that’s probably the worst one up there. Yeah.

00:14:43,230	Low water is good for dredging but not for access. No. Well, I think it’s important that we get moving on it as soon as possible. Well, and we had the application process moving fairly well ahead of the season. We knew this was going to come.

00:15:00,330	Uh, there are new people within that department that needed to review our applications with all the details that normally haven’t had, because it’s been a repeat process. So that took a little longer than normal. Uh, and then to get here to go through the bid process took a little longer than normal.

00:15:18,070	So did you look into what was noticed in the paper on the. Yes. And we can’t find anything. They were both noticed. We can’t find one being noticed twice. Um, I had Houston engineering digging into that this morning, and they found the legal one for Nyfa, one for Kimball. Okay, well. That’s good. Yep. Okay. Any other discussion? Call the. Roll. Commissioner Schwab.

00:15:39,870	Yes. Commissioner Bain. Yes, Commissioner Herman. Yes, Commissioner Woodcox. Yes, Commissioner Munson. Yes, Commissioner Bakken. Yes. Chairman Bitner. Yes. Motion carries. Okay. Any other business for good of the county park board commissioners. Anything else? Thank you. Okay. Thank you. Commissioners.

00:16:00,630	I will adjourn the for the county park board meeting, and I’ll call the May 4th, 2026 meeting of the Burleigh County Commission to order. First item is roll call of members. Commissioner Bakken. Yes, Mr. Schwab here. Commissioner Woodcox here. Commissioner Munson here. Chairman Bitner here. Uh, the approval of the agenda. Any changes? Additions. Subtractions? Anything. Move to approve. Second.

00:16:28,630	Motion second. To approve the agenda. Any further discussion? Call the roll. Commissioner Schwab. Yes, Commissioner Woodcox. Yes, Commissioner Munson. Yes. Commissioner Bakken. Yes. Chairman Bitner. Yes. Motion carries. Um. Consideration of April 20th, 26. Meeting minutes and bills. Commissioners, I reviewed the bills.

00:16:51,530	Um, only had one small concern with the bills, but I’ll take that up with the highway department. Um, otherwise, I would request a motion to approve. Move to. Approve. Second motion and second to approve meeting minutes and bills. Any further discussion? Call the roll. Commissioner Woodcox. Yes, Commissioner Munson. Yes, Commissioner Bakken. Yes, Commissioner Schwab. Yes, Chairman Bitner. Yes. Motion carries.

00:17:15,370	Not meaning to alarm the highway department because it’s a very small thing. Is just. I guess I can just explain it. It looked to me like, um, do we have three kind of rural shops? And it just caught my attention that one of the shops has a substantially higher propane bill than the other two.

00:17:34,070	And I thought I’d look into kind of why that is the wing shop wing. Yeah. Yeah, I’ve. Been there. Okay. I can understand that. You can. Okay. We’ll talk about it later. It’s not it’s not something that needs action. So. Okay. The public comment period is restricted to Burleigh County residents and landowners.

00:17:50,800	And this would be for items that are, um, on the agenda and not on the agenda. Um, we’ll open it up for public comment. Does anybody wish to speak once again, this public comment period. Does anybody wish to speak? Welcome. State your name for the record. My name is Curtis chair Bitner. Commissioners. Uh, Commissioner Schwab, make a note.

00:18:22,870	This is my first time tonight. So to keep. I know you keep track. So just in case someone questions it later. No favoritism. No. No favoritism. No good old boys club. Okay, um, these things are not on the agenda. Um, I think you’ve all been paying attention to. And listening radio, news media.

00:18:46,630	What’s going on in Oliver, Mercer County. We’re all very familiar with going on in Ellendale, Dickey County, Lamar I’ve been paying pretty good attention to that. And it’s a matter of time before you’re all going to be dealing with the same thing.

00:19:09,870	I can just just about guarantee you and the issues that that I keep hearing, the residents, the landowners are really struggling with, it’s no different than what we dealt with with the CO2 pipeline. It’s like deja vu all over again.

00:19:28,800	Yogi Berra I mean, it’s the roads, it’s the emergency response is not where are they going to get the funds to deal with the huge data center, electrical fire? I mean, it’s a whole different animal than the house that just burned one street north of me on Saturday. That was a little moment of anxiety, hoping our tree row didn’t start on fire, which wasn’t too far away.

00:19:52,630	Um, so I think one of the things that’s really been a problem, whether you’re putting up 660 foot high wind towers in Morton County or a direct air capture that was proposed in 24 in Morton County, or you’re coming at a county with AI data centers.

00:20:12,600	I think one of the things that I find extremely tragic is that the landowners stand up and say, we have a right, we have a right, we have a right. Not going to argue that they don’t have a right to sell their land or lease their land. But what’s lost in all this is what’s lost in our society today.

00:20:27,530	Unlike what I experienced in the 60s and even the 70s, where we actually gave a crap about our neighbors, the people that are left living around all of these tenements are the ones that are really suffering. A lot of these people are selling their land.

00:20:44,100	Like what I heard in with the director of Kathryn Morton County, and they’re moving grandpa and grandma are moving. They’re taking the money. A lot of absentee owners. And one of the things I’d like anyone listening today and this commission to think about is maybe it’s time that we need instead of down in Saint Saint Anthony getting 20,000 an acre

00:21:01,730	and become an instant gazillion heirs, and then your kids and the grandkids, too, maybe 30%, a third or half of that money needs to be held back.

00:21:23,070	And whether it’s a wind park, an AI data center, and this thing, this tenement that’s trying to be proposed up in Oliver, Mercer County and even Morton County, that’s going to involve a hyper natural gas fired generation and hyper six gigawatt data center. And, and wind tower and solar. And this whole energy AI data center, whoop de doo. The people that are going to sell out are probably going to move to Bismarck. They’re instant millionaires.

00:21:42,970	What about the people that are left? So a chunk of that money needs to be reserved. And if it’s a something like that, it’s not hard to determine within a radius that money should be used as payments for the people that are living there and that are going to have to deal with the construction and all the BS and the noise and, and all the

00:21:57,730	other things that go with having something as your neighbor, like a wind park. There should be a radius within the 660 foot tip of blade to base, and those wind towers that Minnesota wants to build in Morton County. Those people that are left living there should get some damage payments.

00:22:16,230	So I think the whole system is broken. I think that’s why there’s so much pushback, is you’re having your neighbors sell out and and they don’t care. It’s all right. And the people are that have to live with this garbage. And a lot of it is garbage. Direct air capture, wind towers. That’s garbage that they’re that makes no economic sense.

00:22:35,230	And now we’ve got AA data centers, just like the CO2 pipeline. The sense of urgency and the push is all by design. We got to get this done, get it permitted, get it in before the citizens start waking up.

00:22:58,330	You guys, I find to be very, um, I find that you’ve really been accommodating to people standing up here. You listen, you’ve tried to come up with solutions. This is going to be your next battle coming at you. Mark my word. Whether it’s going to be built by the new Love’s truck stop out here, I’m not sure why that got stuck way out there, but there’s got to be something going on.

00:23:13,630	There’s got to be a reason that that’s out there and something coming. But I just want you guys to really be paying attention to what’s and going on in Oliver Mercer County, because man, it’s a crap show and it’s awful. Um, another thing I want to bring up is tomorrow, Cinco de Mayo day.

00:23:32,100	Uh, we have the Berkeley County candidate forum at 6:00 pm at the library. And, uh, so I’m encouraging Berkeley County residents to go listen to what candidates have to say. Um, I know how we know where you guys stand, but I know you’re going to be there, but I know where you stand, so you don’t make any bones about it.

00:23:52,370	So I’m okay with you not being there because I know where you stand. I like how you call a spade a spade. So. Well, I’m afraid that if I go there, I’m going to get into it with Daryl Leese. Okay. Well, running down the county.

00:24:07,500	So is he going to be asking questions? I don’t I think Dustin’s going to moderate. Because he’s an idiot. Okay? I don’t like people that run down the county constantly. On either. I don’t. Need all the way out to Wisconsin. I don’t either.

00:24:24,270	And I’ve I’ve done I’ve done my darndest to try to help throw water on that too, because I’m not happy about it. I, I was raised in this county. There’s 53 counties in North Dakota that’s radio stations heard in five states and two Canadian provinces. And I just think there’s well, Oliver Mercer County now and Morton, there’s other counties to beat up on besides Burleigh County. I think Ward would be a good start. Yeah, really.

00:24:44,900	They got a lot of shenanigans. There and the mayor. But you never hear anything about that. Yeah, they have a mayor that’s like Anthony Weiner. So so doing the same thing. I may surprise you and show up just to get well. Actually that would be interesting.

00:24:59,970	Well, we’re going to be bringing popcorn, so I think that’d be great if you showed up. So we might bring extra because it might be worthwhile. Yeah. I want to sit I’m going. To bring Jerry as an advisor. Move on guys. Okay.

00:25:12,270	Anyway, uh, another thing I want to bring up is, um, in February, we saw the weather, spring weather in February, what it did to the ditches. We all know you’ve been driving around. You’ve heard about what it’s done to the roads out in the subdivisions.

00:25:27,530	So I think another thing needs to be on the agenda, and I know it already is in your minds because you’ve been having to deal with the destruction of our paved roads out there.

00:25:46,330	I think we might need to start looking at one trash truck per subdivision, do bids or something, but this happen? Uh, I mean, there’s five passes in front of my house every Thursday, so, um, there’s got to be a solution to that, too. We need our trash trucks. They’re a valuable service, but we can have every few years. Or it could be even every year, causing tens of millions of dollars worth of road damage. So we’re gonna have to come up with a solution.

00:26:04,730	Just like the ditches you guys. They’re torn to torn to hell just for the same reason the ditches got torn down. That’s because we had April temperatures. March, April temperatures in February. Um, anyway, that’s all I have. May the force be with you in dealing with everything you deal with. Thanks.

00:26:22,330	I appreciate it. Anybody else wish to speak? This is a public comment, period. Anybody else wish to speak? Uh. Good evening. My name is Mike Carlson. Uh, Chairman Bednar. Commissioners. Uh, we’ve had, uh, seriously hot topic the last few months. Um, obviously, there’s still no end to it. However, one thing that decisions based on. Property.

00:27:22,430	Private property. Public property, vehicle usage. Anything with wheels was the subject of all this discussion. I continually heard. Well, nothing ever happens with snowmobiles, you know, blah blah blah clubs and whatnot.

00:27:54,470	So if we’re banning things based on temperatures, weather, why are we not looking at snowmobiles? So in the week leading up to Easter weekend, that week, most of early county got nearly a foot of snow. Great. After the warm temperatures we had in February, one last hurrah for snowmobiles.

00:28:17,600	Well, the ground was not frozen, so now we have snowmobiles out here and we have tracks and I have pictures of Burleigh County and people that say that snowmobiles don’t cause any damage. Let’s look at this. Oh. Just push a bunch of buttons. Okay. That picture is a private driveway south of Bismarck, outside the city limits. Those tracks are from a snowmobile. This is taken on April 3rd.

00:29:06,500	After the snow, you can see that those lines here, in here are from the carbides. And you can see these little marks right here. Those are from the pics. And the track. I’m not representing this guy. I’m not representing this landowner. I just saw this damage. I was driving around looking for this. This is an alfalfa field. This is east of Bismarck.

00:29:35,000	Can you tell me how fast that snowmobile was going to spray dirt in this way out here, outside of his track, as he’s turning right again? According to Onix, powered by the game and Fish department, this land is posted. I don’t know if that was the landowner or not.

00:29:55,230	I’m not representing this landowner, but this came right out of the ditch and right into the south of the field. Same thing right here. This comes off an approach in the ditch. That paddle track went right through the snow, right down to the unfrozen ground. And that’s what happens. Tear up the ground. And for anybody that disagrees with whose causing this.

00:30:35,100	I go right there. This is north of Bismarck to wind drift that people are. You can see there’s all sorts of track flows and just that guy. But there was a big drift along this whatever pile of stuff that was or whatever. Fun, attractive, right? All this land, according to Onyx, is posted no trespassing. These guys.

00:31:00,970	Are trespassing. So as we ban people from using ditches, whatnot based on whether. On Saturday, I pulled up in the gas station with my side by side. The guy tells me that I can’t be riding it because they’ve been banned.

00:31:28,500	So there’s zero communication from this commission that clearly states what you guys have decided, okay, the words wheeled vehicle. So from December 1st to May 15th, can my side by side now identify the snowmobile because it doesn’t have wheels on it any longer. No clear answer. Four wheelers have the same option. Put tracks on same contracts as a snowmobile.

00:32:25,100	And yes, you can even do that with your motorcycles. Timber sleds, conversion kits. There’s just a lot of inconsistency in verbiage. I get that word trying to prevent damage, trying to fix damage.

00:32:51,330	Um, still inherit any kind of numbers on how much money that Burleigh County receives from the sales tax and from registration, and what that money has been used for for the past couple of decades. Nobody seems to know, as a taxpayer, that alarms me, because if you don’t know where that money is coming from. How do we know what’s what and where? Where does that money coming from and where’s it going? There’s no accountability for those funds.

00:33:15,270	People saying that it gets lumped into the general fund. I guarantee you somebody somewhere knows how much money Burleigh County and every 53 counties in North Dakota is getting from tax money and from vehicle registration. So we’re looking for ways to fix ditches. I think we’ve been contributing to that form for 20 plus years.

00:33:39,870	There’s money out there. I get there’s damage, but it’s not all from wheeled vehicles. That’s my $0.02. Okay. Thanks, Mike. Appreciate it. Anybody else wish to speak. Public comment or hearing? You know. We got we got like. Sideways on that. That wasn’t supposed to happen right. But it did. Um, but it did. And, um.

00:34:06,530	You know, the, um. That’s the next item on the agenda. Regardless, here. Um. There are real close. Let’s just finish our public and then we can go. Yeah. We. You mind? Just wait. It’ll be brief. We’re going to get through the consent agenda, and right away we’re going to be into the public hearing.

00:34:30,530	So I understand everybody’s going to want to jump in on that one. So, um, any other public comments that are not related to the OHV ordinance discussion? I took your pen. I call the sheriff. I’ll never forget you. I told him that. Only hurts for a little while when he tackles you for the pen. Um. You wear.

00:34:53,400	The taser. Okay, I’m going to close the public comment period and move ahead to the consent agenda. Commissioners, um, anything you want to pull off there for discussion, um, or what are your wishes? Move to approve. Second motion and second to approve the consent agenda. Any further discussion? Call the roll. Commissioner Munson. Yes, Commissioner Bakken. Yes.

00:35:10,070	Commissioner Schwab. Yes. Commissioner Woodcox. Yes, Chairman Bitner. Yes. Motion carries. Okay. We’re going to continue the public hearing and and comments and input on this OHV ordinance. Um, now would be a time to. Mister Chairman, Mr. Woodcox. Uh.

00:35:34,170	One one comment before we get started, under definitions of our ordinance, this takes care of the previous Gentleman’s Problem exhibition. Driving means driving a vehicle matter, which is a piece of cars, and then number three, off highway vehicle means any motorized vehicle not designed for use on a highway or capable cross country travel of lands, snow, ice, marsh, swamp, land and other natural terrain. The term means a motorized vehicle converted to operate on snow.

00:35:55,470	The term does not include an electric bike, an off highway vehicle must be classified into one of the following categories. Then it goes on to define each category. And I think what he was talking about, other than snowmobiles is covered under those terms. Okay. Thank you Commissioner Go ahead. State your name. For the record. We know here.

00:36:16,730	Yep. Brian Pfennig um, chair Bitner commissioners. Um, I could have made the last meeting. A lot of this is follow up to what I heard, and I’m just kind of looking for some clarity and explanation. Um, whatnot. So let me begin. Um, there’s 1700 miles of road ditch in Burleigh County.

00:36:38,730	Of these 1700 miles, the county highway department identified 39 with significant damage. This is only 2% of the county ditches. But it’s this 2% that is 99% of the problems for this county. Safety, liability, nuisance, damage, everything is amplified in these urban residential areas around Bismarck.

00:37:05,900	This commission discussed at the last meeting about being able to prohibit the use in the area only, or does it have to be all or none? We were told all or none with no explanation. Turned on again. So Burleigh County is already prohibiting OHV from using shared use paths along 43rd Avenue from Centennial to Roosevelt and along South Washington to Sibley Park.

00:38:00,370	These are new, very nice paths placed directly in county right of way. Posted with signs stating no motor vehicles. The county is prohibiting OHV from traveling across this 8 to 10 foot path wide. That’s in a county right of way under county jurisdiction today.

00:38:27,870	How can we do that? If if you’re saying this is legal, you’re now telling me that the county can place a paved strip in the ditch and prohibit OHV access, but a private person who places a private driveway into their property can’t restrict OHV access across it.

00:38:50,270	You heard of the constant repairs and and expense that’s endured by these property owners, who are constantly fixing their private driveway. But now the county can place this in their right of way and actually not allow any motorized vehicles to use these paths. Furthermore.

00:39:22,530	I find it personally suspicious that when we went down this path of creating an ordinance, this is what’s in that packet today, when we talk about right of look at that very last sentence that’s highlighted in pink and includes approaches or driveways into private property.

00:39:41,900	I haven’t seen that definition specifically called out in state law or other laws or rules, but somehow out of all the language, that’s the part that made it into our ordinance. Which to me, that just seems kind of suspicious. All right, so now we’re placing these paths. So let’s say we can now ban OHV on these paths, but yet they’re placed in the county right of way.

00:40:08,070	So we’re now putting them smack in the middle of off road vehicle traffic operating in county right away. So basically that area between that road this is on southwest to Sibley. And that motorized path is for OHV traffic. And the path is adjacent to it. Same with 43rd Avenue.

00:40:33,530	These Ada compliant paths are supposed to be physically separated or have a barrier between them and vehicle traffic, including OHV, is. Think about people walking their dogs or going for a jog that have EarPods in may not realize an OHV is coming up behind them. It’s a disaster waiting to happen. That’s the core of this problem. This 2% area around Bismarck is urbanized.

00:40:53,330	These are highly conflicted areas. Until the county shuts down OHV or motorized whatever in these problem spots, commissions for generations to come will still be dealing with this Pennington County Commission, which includes Rapid City, South Dakota, began posting and closing their ditches some 20 years ago. Per their ordinance, you create a map.

00:41:16,800	Only this commission can amend or make changes to you. Post it online. You place signs, whatever you need to do. We have future roadmaps. We have future land use maps, parks and rec maintains a trail map.

00:41:36,070	There’s so many maps out there, why wouldn’t you think about operating? You wouldn’t even think about operating an OHV in South Dakota without referencing a map. Why should it be any different here if we can’t do this, please explain to the public why years of effort have been put into this home rule charter. Drafting ordinances only to be told you can regulate and then legislatively with the House Bill 1346.

00:41:54,500	Now, it came down to this, we’re told it is all or none. That has never been the intent. Please vote no on this ordinance. Come back with an ordinance that includes an attached map showing where OHV are off limits. It’s simple, clear, enforceable, and the only thing that will move the needle in this issue.

00:42:13,900	Again, we’re just talking about 2% of the county ditches that need to be off limits to solve 99% of all of our problems. Thank you for trying to get this right. Future commissioners will definitely thank you for that. Any questions. Commissioners any questions. No thank you. Appreciate it. Anybody else wish to speak on this subject.

00:42:55,230	Once again anybody else wish to speak on this subject. Good evening. Commissioners Chair Bitner, I am Tom Fedak. Um, I’m first time up here. I’ve been asked by several people, why I haven’t attended these meetings. And, uh, I can only tell you that I had a major procedure done at Mayo Clinic in Rochester.

00:43:41,170	And I’ve been watching your meetings on TV, and I’ve seen several people up here 2 or 3 times at a meeting. But I really appreciate you. Let me voice my opinion. Being a my wife and I, Burleigh County Resident Taxpayer for 34 years. Um.

00:44:10,500	we bought 40 acres on North 52nd Street 34 years ago, and we put a bunch of trees up, two buildings, a new home, and, um, took a lot of pride in our place. Got the mail one day, got a letter in the mailbox. Congratulations, Tom and Kim. You have just won the Palm Tree Care award for the nicest farmstead in Burleigh County. I wonder how many people can say that.

00:44:34,900	That’s how much pride we took. But over the years. Before I get to that, we own a side by side. And we got a three Wheeler or a four Wheeler side by side for all my kids. Do. My son in law’s got a new cannon there, up to $50,000.

00:44:55,170	And I’m sure these new open road Honda, they got to be ten 20,000 for some of these dirt bikes. But anyway, we use them for cattle fencing, spraying, um, that kind of stuff. The ranchers, the, uh, the farmers, the ranchers, the people that live in town that do snow removal. Absolutely are exempt. Absolutely.

00:45:20,800	I know of my brothers down in Burleigh County, Emmons County, they got two of each for farming. But anyway, getting back to this, these dirt bikes keep coming up the road, back and forth and side by side. And the first thing that I see that gave me the middle finger, I put up with that for years. It’s a middle finger. All right.

00:45:44,900	So what do I do? I call dispatch, I call 911. I have call them over the years. And I know there’s a record. Julie lawyer knows 2 or 3 times a day, sometimes 2 or 3 times a week. And, uh, you know what? They. I’ll give you two examples.

00:46:02,070	You know what dispatch tells me? First, get a license plate number. Get a license plate number. I have tried getting a license plate number going down a section line on 57th Avenue before they before the county built it up between 52nd Street and 66th Street.

00:46:24,870	And as soon as they got Jim and Nadine, silver knuckles cropland, which I rented 199 acres before the school went in. And Chad walked her with that Silver Ranch development. They scattered. What it’s like is if you take your pickup and go after two deer, try to catch them. Impossible. Here. Um, couldn’t get a license plate number.

00:46:50,000	Another time, dispatch told me. Well, keep a track where they’re going. Up north to the gun club north of Bismarck. They got on fishers cropland. Lost them. Can’t. Can’t do it. So I have seen a lady up here, and I know the Reese family down at Apple Creek.

00:47:11,330	They have a beautiful, gorgeous place. It’s nicer than anything I’ve ever had. She said that they got an approach in the driveway where these trees loved to jump and go over, and she managed to run them down, and she had a talk with him. Good for her.

00:47:33,170	She didn’t like the destruction and the damage in the ditches and approaches either. Um, now Apple Creek, Sotheby’s and and, uh, Chairman Bitner knows up to the gun club. How far is that? That’s got to be 2030 miles. I keep hearing a handful of bad apples. Do you commission? No. There’s hundreds of these guys and have them are adults.

00:48:09,000	These radical, out-of-control underage kids? I’ve seen it for years and years and years, and so is Bitner. I’m sure. Um, it’s more than 510. It’s more than a handful. If you commissioners don’t live north of Bismarck or south, other than Chairman Bitner, you guys haven’t got a clue how bad this is getting and how dangerous it’s getting.

00:48:33,000	The other thing is education, too. Once think these parents are going to sit at a classroom with their kids and they’re going to be instructed not to jump, approach or tear up private property or county property. If that happens, they’ll never drive another OHV. They ain’t going to drive.

00:48:56,000	That’s no fun just to drive like they should drive them. If they can’t jump ditches or tear everything up, they ain’t gonna listen to that. The other thing is, Chairman Bitner would know this better than me. When Peluso sat in here and Becky Matthews, I hope she’s up in heaven.

00:49:19,000	They kept saying the county can’t do anything about this until they get a home rule charter. Well, guess what? The home rule charter got on the ballot. Berkeley County residents voted for it. It passed. Okay, passed. Now the legislature passed some to. And I’m not up to that. I mean, I’m not a Facebook person.

00:49:41,430	I don’t know what a text I’m I’m not I don’t do that kind of stuff. But now I feel like this board can help us. Us landowners out there are suffering for years and years, and it’s getting worse. These little three wheelers, Honda three wheelers with the tires like an inner tube.

00:50:04,800	Nowadays, every year them dirt bikes and side by sides get faster. They get more powerful, they tear up more damage quicker. No more dirt. But anyway, I’m sorry if I’m losing my train of thought here, but there was a Kathy. I think it was. She said she always blew her air horn. If I’m. I don’t know.

00:50:25,170	Correct me, chairman Bitner, when she tried distracting these radicals. But anyway, I hear about a $250 fine. Do you guys realize what the price of gas is right now? And diesel fuel? Don’t burn that $250 fine up on a Friday and Saturday. Jumping ditches and approaches. They’ll spend that for gas, $250. Fine. I mean, that’s nothing.

00:50:57,170	That’s nothing. Um, I’ve heard residents up here while if you ban it, our kids are going to get on drugs, I’ll tell you how you fix that. You know how you fix it. You take about 360 to $600,000, and you buy or sell 40 acres.

00:51:17,530	You have 50 cows, you have 20 horses, you make 500 bales a year, and you have your kids do chores in the morning before they go to school. And when they get home at night and on weekends, you give them a shovel and clean the barn out with it.

00:51:30,530	Clean the manure out of the barn, and I guarantee you, you don’t have to worry about drugs. Because you know what? I did that that’s a guaranteed. If you want to worry about drugs, just go ahead and buy or sell 40 acres and then they can turn around and tear up their their 40 acres. Okay.

00:51:50,600	Um, as far as landowners do, what some of them do on 80th Street and 52nd Street and South 80th Street, get yourself a licensed surveyor and put a five row, two inch pipe fence up, weld it onto four inch pipe permanently. That is the only way you’re going to keep these guys off your land.

00:52:18,800	It’s not the county’s land. It’s not anybody’s land, but the property owners land. That’s the only way you’re going to keep them off. If some of them fences wouldn’t have went up, they would be going underneath basketball hoops right now.

00:52:35,530	Because when I was on 52nd Street, they were going in between my three rows. It was that bad. Um, all right, 71st Avenue, you know, it really needed that work. Commissioner Schwab, I think you had that street department portfolio, by the way. Thanks a lot for what you do for weed control. You have a hell of a board officer that Darren.

00:53:01,000	Very knowledgeable, really do appreciate it for Wormwood, trying to control the wormwood the weeds out there. And I’ve talked to you about that. Thank you. I’m going to remind Darryl East tomorrow night of that. Anyways, 71st Avenue. I was told this county spent $3 million a mile. You know what? I drive that road every day.

00:53:24,470	You see all the ruts in the tracks. You might as well take a plow and plow it up. What about the straw rolls for erosion control and the seed? And then you’ve got the landscaping for the in slope. You know, you can’t even ride a horse down 71st Avenue.

00:53:43,170	You they sprain their leg. I mean, it’s it’s horrible. It’s bad. Um, the other thing is. Yeah, some of them straw rolls, they look like they put them through a shredder. The way they go through there with side by sides and and four wheelers, it’s unbelievable. I see it. The other thing, uh. April 20th. The last meeting here.

00:54:10,370	Right here. April 20th. I like to put this up there. I don’t know how to use a projector, but I’ll try. April 22nd. Two days after that meeting, I went down 52nd Street.

00:54:36,700	These guys were coming up from 43rd Avenue on 52nd Street on the west side. It was a fire band. It was a fire band, was a it was a full blown fire band. And so my wife, we call 911 dispatch, we did the answer. Well, we’ll see. That’s the other thing. I have never seen Burleigh County cops stop one of these radicals.

00:55:07,630	But for some reason, the, uh, deputy officer got back to my wife, said, yeah, she, uh, they did talk to him. They talked to him. Get this. They talked to him. They said they weren’t aware of the fire band. So we asked, well, what did you do? We just warned them.

00:55:24,700	So you’re saying if I burned my garbage and we have a fire out of Sterling, and I get questioned, I’m not aware of a fire ban, so I just get a warning, then. Is that the deal? A warning? This one here, there’s another one. This was two days after meeting, going across 57th Avenue. That’s. I was coming up 52nd Street. He was going to cross.

00:55:51,070	He was going so fast he couldn’t stay in the seat. He was standing up at times. I watched him fire ban. Here. All right, let me see. Uh, the other thing is, um, you know, us landowners, we take a lot of money, a lot of pride.

00:56:19,230	I shame myself that things are out of place. Um, what is the land worth when you have nothing but noise at night? You must have moved down by the airport and listen to the jets.

00:56:43,100	What’s it? What’s your land worth? I mean, who’s going to buy it when everything’s torn to shit in front of your house? Who’s gonna buy that? The land we’re paying taxes. Um. Here are. Yeah. I mean, to do it, right. I know a lot of guys. We should go right back to these OHV riders. Go on their land, go on their lawn. Go on their, uh, it’s private property.

00:57:11,970	Go in the ditches, start tearing it up. Just all you. Why not? You guys did it to us. Um, I got a neighbor and a good friend of mine. He was up here. You guys wouldn’t believe it. That’s right. North. That’s on 52nd Street. He was Mona.

00:57:30,730	He was mowing right off, coming down the ditch. If he would have turned just a little more, he would have had a dirt bike on his back. I’ve got a first cousin down in Emmons County, Linden, North Dakota. 13 year old little boy. He jumped approach, broke his neck. I went to a funeral. He was a donor. The church was so full.

00:57:51,470	There was standing room out a sidewalk by the street. Every one of these guys should have been to that funeral. Broke his neck. These these dirt bikes. And, I mean, they’re worse than a rodeo bronc. They’re they’re fast. They’re. It’s terrible.

00:58:08,530	I only got a couple more things here. Um. My suggestion to fix this, and the only way to fix it, five mile ban, completely ban with a $5,000 fine, and then I’m not so sure, because, uh, look what these things cost. Look what their outfits cost.

00:58:43,730	That that’s that’ll help, but absolutely no farmers, no ranchers, people that live in town with side by side snow removal, spraying, whatever. Have you. I’m talking, and it’s more than a handful, by the way. It’s as many adults as it is. These out of control radical juveniles it is. I see him drive, um, I want to comment. Kurt.

00:59:06,800	Just there should be a hundred of these guys at every meeting right here. He’s right. I drove a whole drive up there with that house burned down. If this keeps up with this heavy equipment, they’re gonna condemn that road. These residents. And they got beautiful houses up there. The water table is so high, alkali.

00:59:26,370	Why not put a bid out to all garbage companies? And, um, whoever’s got the lowest bid, just have one garbage truck out there. I worked for the city for 28 years. And by the way, thank you.

00:59:45,730	Uh, Commissioner Bakken, when you were the mayor for the city of Bismarck, you took your own time off and you came to our award ceremony, and he shook my hand, and you congratulated me for 28 years of service. And I have talked to Chairman Bitner for years and years and years on this OHV deal. He’s fought the fight. He’s tried. We have to do something here.

01:00:10,270	I’ve talked to each and every one of you. We have to. You have to. And then the other thing is, um, for the record, my place, my sons places is very highly surrounded with high part military grade cameras. So I want that to be on the record.

01:00:38,530	And the threats that I get on social media that I hear from other people, that’s all documented by a professional. Okay, so this he hung around. You guys have to do something. These next two open road Honda, they’re gonna have faster ones faster, bigger and better. It’s I’ve been there. I’ve done it. I know how bad it is. And so is he.

01:01:08,370	So does Chairman So I stand you for any questions, commissioners. Any questions for Mr.. I’m not seeing any questions. Thank you Tom. Thanks a lot. Appreciate it. Good job. Anybody else wish to speak. That one. One thing I have to say here. Oh there’s two again. It’s Curtis jumped.

01:01:44,230	Commissioner Schwab, can you mark me down for number two, please? I was just going to say that’s number two. Okay. Number two, I’m cold for you. I know that’s my limit. So. Um. Two is your. Limit. You say two is your limit. Two to. A night, I guess is. A limit. According to. Some Facebook people. , that post. By the. Way, Tom, I’m in the same camp.

01:02:07,100	I tell people I don’t want to hear him. Don’t send them to me. Consider the source. And I too have a slew of cameras surrounding our place, so have for years. And I added, when I started standing up here to talk about CO2 pipeline and summit, I doubled my camera.

01:02:23,700	Camera quality and view. So, um, what you heard, uh, Tom say here very passionately, is somebody who has been impacted, like so many landowners that got up here where it’s it’s actually a negative impact and expense. When you get the OHV guys up here, you’re taking away their fun.

01:02:47,730	And that fund comes with, yes, I own all the stuff you’ve heard side by side ATV. So by the way, I just announced to some friends last week I’m selling my snowmobile and I’m done with that. It hasn’t been in the snow for three years. I bought a brand new Arctic cat for stroke.

01:03:06,370	December of 2001. Anybody want to guess how many miles around that? I finally weighed the white flag 450. Okay. That snowstorm he talked about when we took off on 71st Avenue over to Centennial, and I saw that little red snowmobile sled. I shook my head, slushy, sloppy. Yeah. When you ride like that.

01:03:27,170	So by the way, Mike, I get your point. And and I’m not representing any snowmobile anything anymore. I’m done with that. I, I don’t ride my ATV. And you’ve off road too fussy. Don’t want to get it dirty. Uh, anybody that knows me knows that’s a fact.

01:03:47,230	Um, even if I did, I wouldn’t be tearing up someone else’s property. I would ride around my lot. Uh, and tear up my own property. But, uh, if if you guys want to put tracks on your TVs and ATVs and dirt bikes and ride on top of the snow, I don’t think you’re going to cause the damage that was caused in February by wheeled vehicles.

01:04:08,330	So, um, I just, you know, the solution. I’ve stood up here to talk about solutions. Um, I think the idea of giving the 39 miles torn up ditches a break and figure out how to repair some of the really bad rutted areas and let the others heal

01:04:27,630	is not a bad idea. So I think, you know, maybe moving this OHV riding beyond the urban developed subdivisions is not a bad idea. I mean, I’m talking no riding in those. Give those 39 miles a chance to heal, move the you know, don’t do a county wide band. Move it out.

01:04:48,730	Your, uh, home rule charter should allow you to do that. And House bill, whatever Senate Bill 1346 should allow you to do that, I think I think it’s reasonable. It’s prudent. Give those you don’t have the residents and the travel.

01:05:03,970	I’ve nearly hit a dirt bike twice in the last three years, popping up out of the ditch as I was crossing 71st. Get those OHV riders beyond the urban areas. Give our 39 miles a chance to heal, and Burleigh County still needs to figure out how to repair some of the six eight inch ruts along Centennial 52nd Avenue, 71st Avenue, but give them a chance to heal. That’s all I have. Thank you. Thanks. Okay.

01:05:27,270	Is anybody else wish to speak on this item? Welcome. Thank you. My name is Cindy Minger. I live in Apple Creek Township. Hello, guys. Hello. Um, I have some complaints and concerns. I live in Glacier subdivision.

01:05:58,430	It’s a small little subdivision, and we have little kids riding in the ditches, driving like they’re insane. I understand, I feel that part of the problem. Am I yelling? I sound really. Loud. We’re used to it. Okay, so anyway, I. I don’t know if this really can be fixed in the first place. I feel parents are not sharing in the responsibility of guiding their kids. They give them.

01:06:26,070	I’m going to show my age a mini bike and they drive it wherever they want. And I don’t even think they know the rules of the road. Back when I was little, we had to have a license on our bike to ride on the street.

01:06:42,270	We had to learn the rules of the road, or you couldn’t ride your bike. And I think that needs to. That’s one of the issues that needs to be handled here. Each one of these need to have a license plate on them.

01:06:59,730	So if you catch them, see them, you can take your number down. They can be reported. And then the parents will have to suffer the consequences for their irresponsibility of not teaching their kid right from wrong. And um, oh no, I forgot my train of thought. I’m sorry.

01:07:23,170	I saw in my subdivision there’s a gentleman out there that has the big two cedar thing, and the other morning I looked out my window and here he is. He’s making a you throwing up gravel and stuff on a t intersection in our subdivision. And he has a couple of kids. And those kids are just like their dad. They have no regard for anything.

01:07:46,730	Our speed limit is posted in the subdivision at 30 miles an hour. And I know these kids, they’re driving on the road and I know they’re driving way faster than 30 miles an hour. So we can’t fix stupid, but we have to figure out a way to make somebody responsible. Parents.

01:08:10,630	First off, if their kid is doing something wrong, they need to be charged or whatever. And by doing the, um. Keeping the Bismarck area and no ditch travel and letting it go out into the country further, that’s not going to fix anything. That’s just going to set kick the can down the road, and it’s going to be somebody else’s problem.

01:08:34,170	It needs to be county wide. You can’t ride in the ditches unless you know what you have a driver’s or not a driver’s license, but you have a license. You know the rules of the road. You have a responsible parent willing to stand up and say, okay, my kid, you have to do this.

01:08:53,370	If you can’t follow the rules, then you can’t have the vehicle. And I’m done. Sorry, commissioners. Any questions for Cindy? Thanks for coming up I appreciate it. Long time no see. Yeah. Good evening, commissioners and Chairman Bitner. I wasn’t going to talk, but I kept hearing. Open road Honda, open road, Honda. So I felt compelled.

01:09:36,600	All of them. She’s the only one that got mentioned. So good advertising. So my name is Annette Beam Caldwell and my husband dusty and I do own Open Road. On any publicity was good publicity. Yeah. Um, you know, it’s interesting.

01:09:54,900	I’ve attended more of these meetings, these this last half year than I have in my entire life. I think what it’s showing us is this is a complicated issue, and there’s no one simple solution. But what I’ve learned is that there’s more commonality between, we’ll call it both sides. Um, I feel for the landowners and I understand their rights to protect their property.

01:10:26,170	Um, I understand those who enjoy OHV riding, but if you don’t like the gentleman talked about. Well, he was standing up. Well, that’s how you ride a dirt bike. You don’t sit on the seat, you stand. Um, so it’s just getting together and building up that sense of knowledge. Um. I believe that there are solutions, but I don’t think it’s.

01:10:49,900	I think the fact that this ordinance keeps getting pushed back and pushed back and pushed back has showed us that we need to take a step back and let’s form a group of landowners, OHV enthusiasts. The dealers, um, let’s come together to be able to research some of these possible solutions.

01:11:07,500	Part of the problem I’m seeing is we come up with solutions. But then we got to check with the attorney, the state’s attorney, to see if that’s legal. And we’re waiting for, you know, but if we could just step back for a second because there’s a lot of good ideas.

01:11:25,530	Um, and work through them as a group methodically and carefully, and come up with some solutions. I feel like just, you know, we’ve tried a couple of Band-Aids and they’re not going to work. Um, but I will tell you that on behalf of Open Road Honda, on behalf of the dealers, we are committed to finding solutions because this isn’t good for anyone.

01:11:52,970	Any questions, commissioners? Any questions for that? No thanks. Anybody else wish to speak? Um, my name is Michelle, and I think that we have been babying these riders for a very long time.

01:12:34,470	And we really need to be strong here and stand up, have a backbone and do something about it. They need to have. We need to give them pretty hefty fines. And before something else happens, I mean, there’s fires out there. They’re not going to be responsible.

01:12:55,370	And maybe when they’re stopped, give them a ticket and maybe call their parents, have them sit in the back seat until the parents come up and get their kid and take them home. Something needs to be done about it, and I don’t think we should be nice about this. I think it needs to get done as soon as possible starting today. Thank you. Thank you Michele. Anybody else wish to speak? We’ll close that portion of the public hearing.

01:13:33,700	Um, commissioners, at our last meeting, we were having a discussion concerning some additional language and some possible changes. And I think there was comments about trying to get together with the state’s attorney. And I wonder if anything has happened or if, if we’re still stuck in the mud. Mr. chair. Mr. Munson. section five. Uh.

01:13:53,230	Is the language that the state’s. Attorney. Uh. Has. Uh, given us her opinion. Uh. As far as. The temporary restrictions of off highway vehicle operation during certain conditions. She didn’t listen. List wet or dry. She just listed certain conditions.

01:14:19,630	And this gives the county commission upon vote of the county board a seven day time period where, uh, OHV operations will halt. I will read through this quite a bit, I like it. Wait a minute. Here. Then the commission would have to have special meetings to extend this. Which makes no sense. We do the same thing for fire bands.

01:14:45,730	Not this year, because we’ve done it differently. But last year we held a special meeting to restrict fires in Burleigh County. Yeah. I really. I realize that, but what I’m getting at here, the restrictions may not be continued or renewed for a period in excess of seven days. Well, if we get rain like we got last year.

01:15:08,100	What’s going on last year? Everybody in them ditches for months, and then we’re going to have to renew this every so often. Um. That was the language the state attorney recommended. Okay. I’m going to I’m going to jump in on that a little bit.

01:15:29,370	Commissioners, I think I’ve made it very clear, and I can’t make it any more clear that I’m an I. One of the things we actually do as a company, as we build recreational trails. And I’m telling you, and I’ve told you before, it is not about mud in the ditch. And it’s not about adverse weather conditions.

01:15:47,730	The constant wear and tear from any vehicles makes the dirt go away. It blows away in the wind. And if you do get some rain, it washes away every time something touches that dirt. Once the grass is pounded down, it powders up the dirt and it’s gone. We’re putting a we’re. This is all Band-Aid BS. There’s nothing is working here. Now.

01:16:10,900	Oh, let’s raise the fines and I’m okay. We can’t we can’t catch them. We I mean, we’re we’re not prosecuting as it is because I talked to I talked to the sheriff’s department, and I agreed with the idea of giving people some warnings here with this new, you know, nobody knew that, uh, off highway travel.

01:16:31,530	Well, people knew, but nobody understood it. That off highway travel has been restricted forever under a fire ban. People seem to think that we were adding that we were not adding anything that’s been there forever, ever since we’ve started using that. Correct. And there’s a reason for that.

01:16:51,270	I was looking just this weekend, something on a on a on our I don’t know if it was on our website or somebody else’s, but there was something on the order of seven different fires in Burleigh County this weekend. This past weekend. That’s a big deal. You get Wind Lake today. Commissioners.

01:17:11,000	It’s beyond time to do something about it. And I think we’re just kicking the can down the road. It’s real nice to talk and go, well, we can get some groups together and and we can come up with some solutions. Nobody has come up with any solutions yet.

01:17:27,000	The, the increased fines and whatnot that I don’t since we don’t catch the guys and we don’t prosecute, what good is that going to do us? Yeah, we just sit here and go shrug. Well. You know, we’re we’re just going to shrug about it and go, well, we’re trying to do something. No we’re not.

01:17:45,700	Mike, my question chair is within the first two weeks of me being sworn in at this spot, that was my first phone call on it. Issues within the right of ways. I brought that to the highway department. I was told we don’t have the money. We don’t have the manpower. We can’t do nothing about it.

01:18:03,870	I brought it to this table three and a half years ago, and absolutely nothing has been done since. Well, nothing has been done. That I’m the one that built trails out here. Fairgrounds, probably 15 years ago. So don’t talk to me about nothing having been done. But nothing in our road.

01:18:23,170	Right aways have been fixed since I moved here in 2001. Um, and for a group of people to actually take the time now to attempt to get grants. So that we can build trails so that we can fix the ditches so that we can do something that has nothing to do.

01:18:43,330	Commissioner Well, that has that is years down the road, years. Correct. And if we don’t start, nothing to do with the repairs and there’s talk about, um, you heard somebody refer to Let the Ditches heal, They don’t heal. No. They don’t heal. No. We have wagon trails from back in the 1800s that are still visible in pastures all around Burleigh County.

01:19:02,730	That does not heal. And if you don’t take and furthermore, the the money that they’re after for the recreational trail program does not pay for repairs or maintenance on trails, it pays for constructing trails. Assuming you’re able to get easements from the landowners for a trail. That’s the hitch.

01:19:24,970	And that whole giddyup because you got landowners out here, they’re totally upset. And I understand you hear it. They’re totally upset about people tearing up those ditches. Do you think any one of those landowners is going to give an easement for a trail in front of their place? No, not a chance. So basically, we’re kicking it down the road.

01:19:40,170	We’re not going to do anything about it anyway. So why don’t we just say one way or the other, we’re either going to fix it or not. We haven’t fixed it for 21 years. Why don’t we start now? Well, you’re up for election, I guess.

01:19:52,730	So why would we start now, huh? But that’s what I’ve been trying to do for the last year. Commissioner Schwab. The whole problem here, it’s number one. It isn’t a few bad apples. I brought that up. Yeah, I was up. A. Week before last.

01:20:13,330	After that snow, I got called to go up north, and there were plenty of them in the ditch. And some of them kids couldn’t have been over 12 years old. Now, the sheriff did stop and talk to a couple of them, but he said there’s no direction. And the reason there’s no direction, it’s now. It’s been suggested, well, get a committee.

01:20:37,600	Landowners. Why wasn’t that done way back when? They knew it was coming? It’s just another delay tactic. We don’t need a committee. We need to make a decision. And I’ve always had problems with as well. Let’s throw a committee together. This and this, and nothing gets done if we can’t make a decision, we should move on.

01:20:59,970	Mr. Chairman Commissioner Woodcox, this ordinance we’re working on right now, you don’t think that does any good? No. You don’t think it does any good? No. What if we had enforcement behind this issue? Well, that’s the problem. That’s the problem, Commissioner We’ve had enforcement. Our guys are out there every day. For.

01:21:21,000	Um, enforcing law and order issues. But, you know, this is pretty low hanging fruit when these guys have got to worry about, uh, you know, daylight robberies, um, traffic accidents and, you know, people dying and, and all manner of things that they actually deal with warrants and drugs and

01:21:39,630	everything else. Do you think that how much time do we want them spending? We’ve had conversations about, well, we could pay them some overtime and, and get, you know, 3 or 4 hours a week out there for more enforcement. Go ahead.

01:21:57,100	Commissioner But don’t you think if we don’t pass this ordinance and we don’t do anything, we’re sticking our hand or our head in the sand, just like you said we’ve done forever. This doesn’t. This at least is a start. We can amend this. We can add on to it. We can try enforcement. We can try and find money to to add additional patrols so we can enforce it.

01:22:12,600	I’d like to see somebody take somebody to court. And not only the fine, but the, uh, for us to sit here and do nothing is doing nothing. It really is. Well, I agree with you 100%. If you if you stop that activity within a certain distance of Bismarck. Yes. There you go.

01:22:32,800	Just stop it. Then we can worry about solutions because you hold people’s feet to the fire. If you’re just going to say the only thing that I’m aware of that’s actually changed as we upped the penalties here and now, there’s temporary restrictions on off high off highway during certain conditions, which is, like I

01:22:52,100	explained already, that is not the problem. The problem exists whether it’s wet or dry. And I, I saw a Facebook page where some of the people were trying to round up the troops to oppose this effort on on the ATVs and OHV and the picture that they used on their own thing shows this giant dust

01:23:12,530	cloud following that machine alone. That’s what I’m talking about. Dirt goes away and and so basically we’re doing nothing. Now. I don’t agree I don’t agree with that. I disagree. To what? What are we doing? Well, we’ve got we’ve got we’ve we’ve. We’ve what.

01:23:32,970	Are we enforcing Commissioner We’ve done this for a couple three years trying to get an ordinance. We have have an ordinance in place. We went through this whole process a year and a half or whatever. What have we seen? And we can’t enforce it. That was why I said that before. Many times, enforcement is the issue. Now.

01:23:46,600	We’ve got this. This ordinance is better than it. It explains exactly what vehicles are involved. It does. Right. Black and white. Uh, it also puts on some restrictions on time. We didn’t have any restrictions on it at all. This put puts a ban on it in certain times. So it’s a it’s a step forward.

01:24:04,270	It really is. And to put a ban on. Yeah. That’s that’s just that’s just lipstick on a pig Commissioner That’s all. Well then we do. We do nothing and do nothing. Sure. No, Commissioner Well. Know what the. Commissioner Again, another Band-Aid. But you know the simple solution is being able to put some boundaries on that.

01:24:26,530	And and, Julie, we’re looking for some clarification. And last time was like there wasn’t any that we can’t just go, here’s the fence and you can’t ride in this area, right? That would be like the legislature adopting a crime and saying it only applies to Burleigh County.

01:24:53,270	Right? So do we need to have conversations with the legislature again? Um, once again, you don’t get to arbitrarily just pick a location and say the law applies here. So because that’s the simple solution here, five miles out or whatever. Well, I’m hearing. Some.

01:25:15,870	But I’m hearing some rumblings from the audience that’s asking about what about the trails that have the signs that say no motorized vehicles? I know the answer. So my understanding of those is those are specifically walking paths. And we don’t want vehicles driving on the walking path. And those are specific areas that were built for walking, jogging, riding bike for specific purpose. So Park district trails. Correct. I. Commissioner..

01:25:48,530	I saw a rode up at the Ponderosa and coming back. They had no motorized vehicles. There was no trail down there. So. What you say and what’s being done? Two different things. But I mean, about every quarter of a mile. No more motorized vehicles. But there was no trail in there for people that were walking or any path.

01:26:13,370	You want to bet a nickel. I don’t think there’s an ordinance that allows for those signs to be there at all. I don’t think there’s anything in the century code that allows for those signs to be there. Would it be part of a covenant? Um. Couldn’t be. It’s in a public right of way.

01:26:42,230	Barring that, the other simple solution would have been if the legislature would have gone into the townships, the ability to do that, because that would have dropped that down to a manageable area where there’s a problem. But that’s a legislative conversation, not there. Again. We’re dealing with today. Kicking the can down.

01:27:00,930	All right. And then just keep in mind too, that that would be what townships have exclusive jurisdiction over. So that would apply to township roads only if townships could restrict them to their townships. It would only apply to township roads.

01:27:16,600	Because by the same token, anything, any actions we do only applies to the roads that we have exclusive jurisdiction on. That’s also correct. Well, one of the other problems with this then, is we don’t have a map that defines that of where you can and cannot, because if we were to adopt this, okay, it’s just our jurisdiction. Again. Mister Chair.

01:27:44,900	Commissioner, I have met with the Highway Department’s GIS group, and that is a map that we are in the process of trying to figure out. Like I said last meeting, I got a whole dissertation on right of ways and all the different options and the possibilities.

01:28:03,600	And it is something that has been touched on, and we certainly can take that to the next level as well. Part of my thought process with the map is that also gives a guide sheet for law enforcement, correct. They’re going to have the ability to go, you’re where you’re not supposed to be. And then that’s part of the enforcement issue. But but she’s just telling us that we can’t do that.

01:28:24,170	Well no jurisdiction, just our roads. So what we were looking at for the GIS map was, um, specifying where the property owner has rights up to the centerline of the road. And so therefore an OHV, any and even someone riding a horse can’t legally go on that property.

01:28:44,100	Okay, that doesn’t exist, but go ahead. So that was our goal was to put together a list of at least properties that own their property up to the centerline of the road right away, or the road that way. We could list in Burleigh County.

01:29:01,530	These are the areas that are prohibited from driving because they are owned by private citizens. It was an attempt to try to help this situation. Now, what you’re meaning to do. But. Practical. Generally speaking, our roads are section line roads for the most part. Right? And on any section line road public travel is authorized between 33ft of the centerline.

01:29:26,070	So 66 foot wide strip of land is a statutory public travel area. Even though I own it to the middle of the road, I can’t stop public travel on that 33ft. Okay, so.

01:29:51,170	You know, the the the fact is the map isn’t going to change that because nobody can stop if it’s a town, if it’s a section line road, I can’t even stop it on my own. Yeah. You know, and not that I have to. I don’t want to because the county built a road that’s too steep for anybody to ride on. And so my problem is solved. But I want to solve it for the citizens.

01:30:07,230	And right now, we’re not making any headway because, I mean, at the very least, we should look at the language that you’re proposing. I think that particular time is is is irrelevant. And I don’t think it has anything to do with adverse weather or adverse soil conditions. We’re totally missing the boat on that.

01:30:33,430	And I can tell you, because I built the stuff and I see it and I told you that we’ve been over there repairing trails that we actually built at Fort Lincoln, that only get walking and bicycles. That’s it. Never a motorized machine except for like, ours or park staff.

01:30:53,700	And we’re not out there tearing it up. But they still the ruts were so deep, and the reason we were there repairing them was because they were hitting their, um, the, the cranks on their, you know, the pedals on the bicycles were hitting the ground. Okay. And that’s had nothing to do with motorized.

01:31:10,000	So I want you to understand that there’s more to this, um, to just say that it’s a couple people, like, in to tear it up in the mud. That’s that’s, um, that’s tilting at windmills or something like that. Thank you.

01:31:34,270	If you’re convinced that language would help in some form or fashion, I don’t think it goes far enough. Well, Mr. Chair, I’m going to move to adopt the amended OHV ordinance 2301, which will create ordinance 2601 with an effective date of May 15th. Second discussion, Mr. chair, yeah. What are we. You’re talking about this one we got right there back at the day.

01:32:03,370	What’s in our packet includes the two amendments that were passed at this table. Last meeting. And it also includes the language that states attorney placed in here regarding certain you know, the, uh, temporary restrictions during certain conditions. Uh, this is not a subject that’s going to go away. This is going to keep on going for for years.

01:32:27,100	Um, but here at least we have stronger fines for our sheriff’s department to enforce. As of last meeting, this was not a passed as an incomplete amendment or an ordinance because we didn’t have the last language.

01:32:51,100	So even though we made the votes on certain items last meeting, it still did not pass as a complete ordinance, which did not allow the Sheriff’s department to actually enforce what we approved last meeting. So that’s why this motion includes, uh, an effective date for the ordinance. Mr. chair.

01:33:20,500	Commissioner I’m not comfortable with passing a blanket across the entire county. Um, just in that regard, this is a step in the right direction, but by no means is this even close to where we need to be or are. I foresee us actually becoming, um. And I think some of those solutions are the user groups.

01:33:48,430	Um, the, uh, dealers, uh, opportunity for the landowners to chime in on that. Um, and the state, the state really needs to be part of this, including some conversations that I’ve been having with some legislators on. Okay. Thank you for what you did, but you didn’t go far enough, right? You didn’t you didn’t drill down into the weeds.

01:34:07,630	Um, that being said, I there’s no way I could support a ban across the entire county because we don’t have the problems across the entire county. And I’m not going to over legislate and penalize individuals that aren’t being part of the problem. This is a step in the right direction.

01:34:24,530	Again, this is another Band-Aid, which I’m not really happy about, but at least it’s a bigger Band-Aid. Yeah. Commissioner Schwab. Well, I don’t know if I can support this either. The fines are too low. We can find them up to 1500.

01:34:47,530	We should be starting at five the second time, a thousand and then 1500 from there on. And that will clean up a lot of that. But this fine schedule. Mister Chairman Heck, Commissioner I’d like to ask our state’s attorney, how do we amend this ordinance if we were to if we say next a month from now and we want to change like he’s talking to fines, how do we how

01:35:10,070	do we do that? Do we have to start all over again and do public hearings on any changes we make and that type of thing? Yes. Correct. Correct. Yeah. But no difference. Oh, excuse me, Mr. Chair, if I can, Commissioner Munson, it’s no different than we did here.

01:35:22,870	We created it. We had an open public hearing. We took citizens concerns. We created why we’re here. So why are we here? This, this, this proves that we can take an existing ordinance and amend it and put it back into a functioning ordinance. Sure, Commissioner Buchen.

01:35:44,270	Uh, just going back to the fines, I don’t know if you caught, uh, highway patrol posted about somebody doing 103 miles an hour and a 65 mile an hour zone. The fine on that was $134. Yeah. So when you start talking about the fines and, um, would you like them larger? Well, we get up to 750.

01:36:06,000	Um, but for doing 103 miles an hour and a 65 mile an hour zone on the state level, granted, 12 points. Right. But it’s $134. We’re well beyond that. Well beyond that. Call the roll, Commissioner Bakken. Yes. Commissioner Schwab. No. Commissioner Woodcox. Yes. Yes, Commissioner Munson. Yes, Chairman Bitner. No motion carries. Thank you.

01:36:33,800	Commissioners, we’re going to move on. Damon Mills, Morton Township chairman, Floodplain resolution. Welcome, Damon. Chairman, Bitner and commissioners. Did you come up with a decision on our resolution? Okay. Do you. Are you going to vote on it or do you need questions for me? Uh, commissioners.

01:37:08,470	Um, there’s a question about the floodplain resolution in your packet. Any commissioners have questions on that? Mr. Chairman Commissioner Woodcox. Uh, visiting with our planning and zoning director. Is he here? He had some concerns about floodplain and that type of thing here. There he is.

01:37:37,900	Have we gotten that resolved? I guess that was have we gotten that resolved on is it a real concern? Uh, the we asked for the, uh, Morton Township to include a debt indemnification for Briley County, and they did, um, uh, what section number eight on your in your packet, page 37. So they included that indemnification, which is what we asked for. That Commissioner, it doesn’t make any sense to me that number eight. So if.

01:38:21,530	I can read and it doesn’t make any sense. Yeah. It’s it’s SB 2027. So. So did. The township previously exercised floodplain management authority. Right. It starts out with it automatically defaults to us for the floodplain management over the county.

01:38:43,070	The townships can opt out of that and create their own ordinances and enforce it themselves. Now where this starts is if they had. So they’re going to enforce it themselves. Now if they. Stop. They have they done it previously? No, they have not. Well then that whole section eight with the word if in the beginning makes it move.

01:39:04,230	From my understanding, what if they decide not to enforce it? It just doesn’t. It doesn’t come into play at all. Because if Morton Township previously exercised floodplain management authority and then further becomes subject to county floodplains, ordinance there shall defend, indemnify and hold harmless. That doesn’t help us one little bit. I believe it’s talking about in the future. Right. But I understand.

01:39:25,900	If they’ve I think I think you’re missing my point here, Mitch. If if Morton Township previously exercised floodplain management, have they haven’t done previously. Right. None of them have. So is is this then. I don’t think it’s clear enough because if they’ve never done it before, how would that apply today? Commissioner Barker.

01:40:04,270	My question was along the same lines. But once they when we sign off on this, then they’re as soon as they’re passing their floodplain ordinances, then they’re exercising floodplain management at that point moving forward. Correct? Correct. Okay. Again, I was a little confused on the language as well until I.

01:40:26,430	Think that whole sentence, that whole first sentence should be struck. And start with Morton Township shall defend, indemnify and hold harmless Burleigh County and its agents, everybody else. Mr. chair. That’s my question to I agree with that. That first sentence is wrong. Yeah, I think it should be struck.

01:40:44,100	Struck completely. Yeah. Yep. And then say Morton, Morton Township shall defendant indemnify and hold. That’s the only concern that you know, if there’s if there’s a problem, a liability issue or anything else, we just want them to, you know, have their own.. Julie. Yes.

01:41:05,600	It’s basically attorney legalese basically saying because they are they’re trying to exercise their floodplain authority now. And so if they later become subject to our county floodplain management in the future, then they will if they have exercised this, um, this floodplain management plan that they want to enact, then they shall hold us harmless and indemnify us if they end up underneath us.

01:41:29,600	That’s what it’s trying to say. I understand your concerns with the whole if then in the future, if this happens. So perhaps, perhaps it should be written as, um. And if Morton Township becomes subject to county floodplain Management authority under this section, then they shall defend, indemnify or hold harmless.

01:41:54,530	I think it’s the previously exercised is what’s hanging everybody up because they’re saying what they’re going to do in the future, in the past, in this section, because of yes, I know I get that. I understand why it’s written that way, but that would be my suggestion is that it says if Morton Township becomes subject to County Floodplain management authority. Okay.

01:42:13,930	And has exercised its floodplain management authority under this document, then they shall hold harmless because they can do this. And then if they don’t go forward and implement it. So what you’re saying is, if we read it as if Morton Township, stop right there. Fast forward to becomes subject to county floodplain management.

01:42:39,430	So after exercising their floodplain management authority, you see what I’m saying? Because if they don’t, if they don’t implement this, I mean, that’s what they’re trying to do is implement it. If they don’t implement it, then they wouldn’t have to hold us harmless because. There’s nothing.

01:42:57,070	But then just change instead of just wipe out the word previously and change the D on exercise to exercises. If Morton Township exercises floodplain management authority and becomes subject. And later becomes subject to county floodplain Management authority under.. Yeah. That would be fine as well. Yes. Okay. Just trying to make sure that we’re. Okay. So commissioners, my proposal then in this language.

01:43:26,000	And I would hope you wouldn’t have a problem with it. But if Morton Township exercises so strike previously and change the D on exercise to an S. So if Morton Township exercises floodplain management authority and become subject, yada yada. Yada. We think commissioners Commissioner Schwab.

01:44:00,000	What happens if they decide to turn over the floodplain management back to the county in the future? Then they under this term, they shall defend, indemnify and hold harmless Burleigh County, because I could see them running. Into a problem county. They’ll turn. It back, and I can see getting back a mess. Well, that could very easily happen when, you.

01:44:17,630	Know, and we’re going to be stuck with it because township is not going to have the money to pay for it. Well, they’re agreeing to defend, indemnify and hold Burleigh County. Agreements and doing are two different things. Well, I think I think that gets into courts and stuff like that. I mean, are they going to have insurance and stuff to make sure that. I.

01:44:37,270	I don’t I don’t think that’s something we need to worry about today. No. We’ll just go and repossess his place. That’s all. Just kidding. Maybe cover a little bit. Yeah. Um. We we had a our floodplain management already before the state passed that law and took it away from us. Um.

01:45:05,700	And I don’t think that qualifies as floodplain management. I don’t think you ever did anything with it. Well, do your own. Well, one thing. What is the reason. You got. You guys. Are at a 500 year flood plain setting. We would go back to 100, or maybe not even have any. Oh.

01:45:27,300	Well, see, from the start of this, my concern was that he. He made it clear to me that their goal was to not have any floodplain management. That’s what he said. And, um, I guess that’s, that’s that’s their wheelhouse. Then if they want to. Well. All our citizens don’t want it. That’s why I’m here.

01:45:51,500	Well, yeah, you can be sure the citizens down in the south side of Bismarck didn’t want to look at their houses, and they didn’t want to do any kind of that flood protection stuff either. My insurance agent and my bank will argue we’re. Not the south side of Bismarck, though.

01:46:03,870	Well, so but you know, you’re your, um, that’s your your issue, not ours. So if. There’s flooding and they don’t have no floodplain management, they take out county roads. Who’s going to put them in? What was the question again? Well, I think. You. Know, I think this. Um, but I’m..

01:46:27,970	Shall I defend, indemnify and hold harmless Burleigh County? Yeah, but the roads are out. We got a. We’ve got to fix our county roads. Well, I’m thinking if it was damaged by flooding, I think they’re going to be liable. Yeah. They’re liable. They’re assuming the liability. Yeah. You don’t understand what I’m saying.

01:46:51,270	I don’t think they have the money to do it. They. If you get a real disaster. We would build the township. Well, yeah. Building them and collecting are two different things. Yeah, that’s true. Mr. Chair.

01:47:12,270	If they have if they have floodplain ordinances and they’re enforcing them, their ordinances have to match meet what the state requires. And if they’re enforcing them, they’re doing it correctly, then they’re allowed to they’re allowed to participate in the nfip. If there’s a flood down there, then it’s declared a disaster. Then if you get federal funding from FEMA to fix it. If they do that, but. If they do.

01:47:30,800	That, they Damon has explained to me that they don’t intend to do that. So but this having this, um, having this clause in that contract is what I was after. So that they’re the ones that are on the hook for their decisions, not us. We don’t have a problem with that.

01:47:46,970	Are you good with that language change, or do you have to go back to your commission to. Well, I guess we like we said the first time that we work with you guys on that, but this is that was that language is what we were we thought was what you guys wanted.

01:48:05,700	So that’s why we put it in there that way. It’s not not our language. Okay. Well what’s going to have to happen if, if you’re not in any hurry? Well. Um. The water Resource Board is.

01:48:33,370	But, um, I’d have to come to another meeting and come up here again, huh? Well, I can tell you what, as far as I’m concerned, this board, we could make those changes and approve it. Contingent on the. Changes on there. Yep. You know, and then that way when they meet, they can do it. And they’re just good to go because they’re going to have to.

01:48:49,670	I would move to approve with recommended changes as per our state’s attorney and second chair Bitner. Okay. Second motion and second to approve with the changes we made. And just for clarification, that was striking the word previously and adding the the letter S in the place of the letter D on section eight, page 37.

01:49:11,800	Any further discussion? Call the. Roll. Commissioner Schwab. No. Commissioner Woodcox. Yes. Commissioner Munson. No. Commissioner Bakken. Yes. Chairman Bitner. No. No. What. Motion does not carry. What’s the matter with the commissioner? Munson? That I can agree with. Every once in a while. He voted with. You. Thank you. Okay, you know, I.

01:49:36,900	We need to give them some direction, though. We can’t just say no and. Right. Yeah, I agree. If we’re arguing about that one paragraph, let’s get some hope before them. But whether we change the the the language to serve us. I think that it’s okay to approve it.

01:49:57,900	Um, my issue and the reason I’m voting no is because they’ve expressed to me that the goal is to not do floodplain regulation, and I think that’s harmful to citizens. That’s why we have adopted it. We have a lot.

01:50:17,070	We have millions and millions, billions of dollars worth of property that are affected by flooding. And those possible things. And while it might not be a problem for them today, it could very well be a problem at any point in the future where you get a three four inch rain and somebody’s place washes away. That’s the only reason I’m opposed to it, not because of the language.

01:50:33,470	I’m opposed for the exact same. Reason. No. I think they should realize that there’s going to be some concerns if you go to sell a piece of property, if you try to finance a piece of property, or if you try to insure a piece of property.

01:50:50,900	So those are all going to be concerns that get raised if there isn’t one. If there isn’t. I would agree. If I was a banker, you know, or an insurance company. What’s your property valuation at that point? Whatever the market dictates, you can sell it for. If there’s no floodplain mitigation because there isn’t, that’s going to greatly drive down the value of a piece of property.

01:51:17,730	Yeah. My my concern, commissioners really is because they are citizens of Burleigh County. And I understand that it is their authority with the township board to kind of make those decisions. I get that, but this is a bigger thing than, you know. Sorry. It’s just a bigger thing. Mitch.

01:51:43,470	Mister chair, commissioners, they have the authority by the set that Senate bill to opt out of really county and create their own flawed ordinances and do do their job. That’s their option. The Senate Bill 2027 gave them that option. And they’re trying to exercise that. But that also says they have to do a job right. So just not having one is not an option.

01:52:03,700	Yeah, unfortunately they they they don’t think there’s much to worry about because it’s not it’s not math. By FEMA map. There’s no rate maps out there yet. So there’s no floodplains nothing but but there are other ways best available data that’s available for them to enforce this.

01:52:22,800	Now, whether they do that or not, I don’t I mean, that’s a it’s going to be up to them. The problem is right now they’re not currently mapped by FEMA. It will be pretty soon. Will be. Yeah. So when would you anticipate that being. Done? I couldn’t tell. You. Yeah. That’s that’s a loaded question.

01:52:41,070	Right. We know there are wetlands. It’s, uh, Andy Ram has has done a really good job. The state has done a really good job of mapping those wetlands. And we know that they’re going to be they’re going to be floodplains. And, uh, you know, designated areas.

01:52:57,170	And they’re they’re going to have to have elevated buildings and that sort of thing. But they can exercise this power through 2027. So I don’t know if you can try to stop them. I don’t. Think you can know. I’m not interested in trying to stop them so much as I’ve warned them every which way I can.

01:53:13,270	But the significance of the floodplain in those hazards, I don’t actually understand why they’re asking for a resolution from us. If the if the century code gives them the ability to do it, why are they? Well, their resolutions are they’re trying to say that they want they want to do their own. And we have to be. Able to agree.

01:53:31,570	To. The century code gives them the ability to do that. Why are they talking to us? Because it’s in a signed agreement. Yeah, it’s the indemnification. The state gave us that authority in the beginning of this bill. They also allowed them, the townships to opt out and create their own ordinances.

01:53:52,270	And that’s what we’re doing. They resolution for us to allow them to do that. Just like we want to opt out. Garrison. Yeah. Okay. We’re in a little bit of a standstill with this farm. Yeah. So the state requires that it’s it’s legal procedures. It’s an agreement saying yes, okay.

01:54:17,430	You’re going to do it. And so it’s basically this resolution goes to the state. State water board, the water, the water resource board will look at this. And that’s and then and they’re the ones that say, yes, you can. And finally, the final decision rests with them.

01:54:41,800	And that decision may not include an indemnification for Burleigh County, which is why I supported. This. I don’t agree with it, but that gives us that clause. Well, it usually takes more than a few minutes for me to change my mind, and I haven’t changed my mind, so I don’t know. What you. Want to do. Commissioners. Commissioner Schwab.

01:55:15,370	The reason I voted the way I did is, once again, I’m not going to vote for anything unless it’s complete and brought back. Now, we did a joint power with the city. I haven’t seen before and after yet, so we don’t know if it’s been changed. I will get you a copy.

01:55:37,230	And that’s to me, that’s you don’t vote for something until you see the final project, the final paperwork. All right. Same with this.

01:55:55,470	Then at this point, if if if that, if if you want to take that position, the best I can do is have this on the agenda for the next meeting to include those changes. That’s all we. Can do. Otherwise, I think we’re just going to sit there at an impasse. Are you commissioners think about that. I would concur with that. Commissioners. Yes. Have them bring it back with the amended okay. Commissioner Woodcox, are you okay with that? Sure. All right.

01:56:20,500	That’s what we’re going to do here to make those changes that we discussed, have it cleaned up, and we’ll reconsider it at the next meeting. All right. Okay. We’ll put that on the agenda for the next meeting. Thank you. Yep. Fanatics. Events 250th Anniversary Celebration. The chair. I put this on the agenda just for an update.

01:56:50,000	Um, with our investment into what? The 250th birthday party for this great country looks like. Um, and, uh, Will’s coming in to speak and let us Know what. Where we’re at on the project, and it’s starting to take some form now, so. Looking forward to to seeing how that looks. Thanks. Mr. Buchan. Chairman Bednar.

01:57:11,270	Commissioners, thanks for having me tonight. And as as Commissioner Buchan said, I’m going to provide an update. My name is Wil Sattler. I’m the general manager for finance events, which is the helping put on this 4th of July celebration. It’s kind of crazy to think today marks two months to the 4th of July. 61 days.

01:57:28,330	I’m certainly counting down the days because it’s going to be super exciting. Um, as you guys know, America’s 250th birthdays this year, so we’re we’re certainly, uh, very focused on making this an awesome event, especially with your additional support this year. Um, just want to provide an update here.

01:57:45,000	So all three of our headline items have been confirmed. So we’ll have a synchronised drone show from Sky elements that will be in partnership with our traditional fireworks display produced by local fireworks vendor JNJ fireworks. And that will also coincide with a live patriotic performance.

01:58:03,730	It’ll be the 36th edition of the Bismarck Mandan Symphony Orchestra, performing all together, synchronized at the same time. Shortly after dark, around 10:30 p.m.. We expect. So super excited there. On top of that, we’ve booked or we’re in the final process of booking three additional local opening acts.

01:58:20,800	This allows us to have programming right from the start at 6:00, all the way until the end of the firework and drone show, so there’s no shortage of things for people to enjoy. Uh, we’ve added some additional production with some additional video board screens on the field where the stage is set up.

01:58:38,370	This allows people throughout the shindig field to be able to see what’s going on in the stage. That was some of the feedback we heard from last year’s event. Um, as well as there’ll be some collaboration with the actual MDU Resources Community Bowl video board for fans that want to sit in the stands and still enjoy the show.

01:58:53,430	Uh, we’ve kept emission free. That’s a super big focus for us. Um, we’re starting to get deeper into public safety. Uh, we’re continuing to coordinate with all the local emergency services. We’ll host another meeting here in June to go through emergency action planning. All those good things.

01:59:11,330	Um, with the city of Bismarck police, Bismarck Fire and EMS and all the different stakeholders to make sure that our community is safe for events like this. Um, that includes for us also planning out traffic, parking and crowd flow plans.

01:59:28,530	Uh, we’re looking at some additional entry points and exit points to allow a smoother entry and exit to make this super easy for anybody that wants to attend. Um, so that’s super exciting. Uh, on the progress that we’re making there. Um, from a funding perspective, we have a few private sponsorships we’re still pursuing, but we feel on track with the budget. Thanks to your guys. This is support.

01:59:45,530	Uh, as I mentioned, this is a free family event. We’ll have more inflatables than we had last year. That was a super big hit with attendees. Uh, we’re working in partnership with Gateway to Science right across the street from the Community Bowl for some Stem related activities.

02:00:01,470	Um, as well as we’ll have over ten local food vendors that will cover anything from dinner items, snacks, desserts. Uh, concession stand will be open as well as drinks. So, uh, that’s that’s an exciting piece from the experience side. Just the last note on communications, we our website is live. We made some adjustments there.

02:00:19,170	Uh, the domain is biz. Fourth comm. Um, the number for com. Uh, we have a Facebook event live. There’s a new Facebook page specifically for this event. Um, that’s shared with the fanatics events. Uh, page as well. Uh, we’re featured, which is, I think, my most exciting thing.

02:00:39,470	We’re featured on the official America 250 website, which is awesome, as well as some of the statewide North Dakota tourism websites. So where does our momentum is really building with this? So I guess overall, I’d say thank you guys for your support on this. You’re really helping us make this something special. I’d love to see each and every one of you there.

02:00:54,270	If you don’t already have 4th of July plans in attendance for a great time. Um, with that, I’d be happy to take any questions, comments or concerns. Commissioner Bakken. Um, two things one. Um, because I’m glad the tourism is is part of this as well.

02:01:14,900	So, um, is as far as outreach for the county as far as Bismarck, really public library, senior center. Um, just I it would be really great to have more out county residents being able to attend this and be aware of this event. Uh, being that it is a, a family friendly event and then any truth to the rumors that you’re going to bring Trump over from the library over to our event.

02:01:34,430	The answer, your first question, that’s a that’s a great note, Commissioner vaccine. Um, we’ll continue to look. That’s something that our team consistently does. One thing that I was really impressed with our team in planning, we did apply once again for the The End 250 grant that was available. That was one of our focuses.

02:01:51,530	And they have this awesome history walk about the 150 plus years of the city of Bismarck and the region. Um, to kind of tie into that 250th year anniversary. So we’re always looking for this.

02:02:06,730	One thing I will note is sometimes a challenge to find participants over the 4th of July, but I think that’s certainly something we will continue to pursue. So great note there, and I can’t comment on the status of the president. I just thought I’d ask. Anything else? I’d be happy if the Commission wishes to come back in June or anytime before, and provide another update on planning. I would. Love a.

02:02:28,500	Yep update as we get a little closer again too. So it’s. Pretty good. Yeah. It’s good for the public to hear it. Yeah. Awesome. Cool. Perfect. Thanks. Well. Anything else? Thank you. Mike Berg, apex engineering group. Um. Sanitary sewer easement. Welcome. Uh. Good evening, chairman and commissioners.

02:02:50,800	Thank you for for your time tonight. My name is Mike Berg with Apex Engineering, and I’m the project manager for the Hay Creek lift Station and interceptor project for the city of Bismarck. I’m requesting approval for minor additions to a sanitary sewer easement that was previously granted by the county. Approximately two years ago.

02:03:09,500	The original easement was about one mile long and went along the edge of the slough. That’s on the south side of the fairgrounds. Um, the proposed revision adds a sliver, um, a little irregularly shaped, but it’s approximately nine feet wide at its widest point and runs about 360ft.

02:03:34,100	Um, as as construction progressed, there were several contributing factors that led to a slight shift in alignment, and this adjustment aligns the easement with the construction. Um, there is no change to the overall project scope or purpose. Uh, the city will continue to own and operate the sewer and those no cost or responsibility to the contractor.

02:03:56,100	Um, I also want to acknowledge a recent issue where the contractor access to County Road that was closed without authorization or use the road without authorization. Uh, this has been addressed directly with the contractor, and we’ve communicated with county staff and coordinated with the city.

02:04:15,970	Uh, we’re working to understand the cause and what steps need to be in place so that this doesn’t happen again. Uh, with that, I respectfully request approval of the revised easement as presented, and I’d be happy to answer any questions. Commissioner Swann. Uh, I’m going to move to approve this. I was out of my this afternoon. We looked it over. It’s not going to affect anything. It’s.

02:04:40,370	It’s actually kind of clearing up paperwork because they had to go a little bit further away from the power lines and the kind of guide wires. So as far as affecting roads out there or anything. No, it won’t. And it’s down below where you can develop. So I see no problem with that. I’ll second for discussion. Motion a second. Further discussion.

02:05:06,370	Uh, actually a question for Commissioner Munson. Um, I went out there and looked at this as well. But you don’t see any with granting the extra easement. Any concerns as far as what future plans out at Missouri Valley Complex are? So I just want to make sure that you were signed off on that. I, I.

02:05:28,530	Would be in favor of getting this easement done so that we can get this sewer line done. Yeah, that’s that’s my biggest concern. And I’m very grateful for Commissioner Schwab to take a look at that and give us his opinion. So. Well. There’s two other things we want to talk about after this vote.

02:05:46,070	Yeah, I am a little cranky about the road damage and whatnot that I’m seeing out there. Right. And I’m cranky about those speed limits showing up. Somebody owes me ten bucks. Anyway, we have a question on that. Any further discussion? Call the roll. Commissioner Woodcox. Yes. Commissioner Munson. Yes. Commissioner Bakken. Yes. Commissioner Schwab. Yes. Chairman Bitner. Yes.

02:06:09,900	Motion carries. No. He brought up the, uh, the removal of barricades, of barricades. It is now the policy of the highway department. If we catch anybody moving barricades, that goes to the legal department. And I understand there’s a case number on that. They’re nodding. Yes. The Bismarck police have taken photos of it.

02:06:40,900	They were told by the road supervisor and I believe Dan, not to move them. And they went ahead and opened up the road anyway. So they have to pay the price because we’re not going to put up with removal barricades anymore. Yeah. Sen. Mike understands that.

02:07:03,370	Now, the other thing that I was going to bring up, we were talking. I might have been out of place in what I said this afternoon, but when they cut that sewer off up in a high spot and isolate the one going through the fairground, I had made the comment that they probably should put a stack

02:07:25,170	there so we can find the the end of it, but the city may want a manhole there. It’s actually going to be theirs. So I think, Mike, you need to talk to them and forget about what I said, because it’s their decision, not ours. It’s their sewer. Uh, yes. Chairman Bitner.

02:07:49,170	Uh, Commissioner Schwab, I’ll coordinate with the city, and I’ll let you know what the proposed approach is there. Well, I don’t want to make decisions for the city. Would this be a good time to mention that you’re in the legislature? We have some in front. And center. He is. You heard earlier. Conversations. You heard the conversation.

02:08:12,730	Okay, I don’t need to go into that. Thanks. Okay. Thank you. Thanks, Mike. Okay. Taylor. Schmidt, interim finance director, discover merchant settlement. Good evening. Chair Bitner and commissioners. I’ll try to make this quick. We received some notices that we may be eligible, um, to receive some settlement funds from a discover, um, merchant lawsuit settlement that they reached.

02:08:47,470	Apparently, they were overcharging some fees. Uh, there was no there’s no extra information we need. I just need your consent to file the claim, and I have there’s no estimate of what we may or may not be entitled to.

02:09:00,630	Um, I don’t know exactly where it came from in the mail, but there was a sticky note on it from the state’s attorney that said that that all I would need is your approval to file this, and we’re good to go. Okay. Move to. Approve. Second motion to second to approve any further discussion. Commissioner Schwab. Are you serious? A credit card company overcharging. Shocking, right? It’s unheard of. $12.14. But that’s okay.

02:09:19,900	As long as it’s worth your time. Everything else. Commissioner Bakken. Yes, Commissioner Schwab. Yes, miss Woodcox. Yes, Commissioner Munson. Yes. Yes. Motion carries. Thanks. Thank you. Um. Dan. Sri, uh, county engineer. We got a whole list of things. Yeah. Good evening, Mr. Chairman and commissioners.

02:09:42,630	We just have a few items on the agenda here. Uh, first item is. To authorize the proper. County officials to enter in a contract with the low bidder for the project number 0193, which is that this number, 78, Ponderosa Riverside Village Roadway Improvement Project.

02:10:02,230	Uh, on April 6th, 2026, the county board authorized the county auditor and the county engineer to advertise for bids for that project. Bids are opened on April 28th, and Strata Corporation was the apparent low bid. There is a proposed resolution I would stand for any questions. Any questions? Commissioners. Move to approve. Second motion and second to approve any further discussion. Commissioner Bakken. Uh, so, Dan, uh, a little over the estimate.

02:10:25,000	Yeah. When when I put the estimate together, um. Other than. Fuel., trucking costs were okay. The big part of it. So that’s that’s what I figured. So. Yeah. For now, I think we’re going to see that. Yeah. For a while. Call the road. Commissioner Schwab. Yes, Commissioner Woodcox. Yes, Commissioner Munson. Yes, Commissioner Barkin. Yes, Chairman Bitner.

02:10:45,900	Yes. Motion carries. Go ahead. All right. Next item we have is to authorize the proper county officials to enter contract for township gravel hauling. On January 5th, the county board authorized the county auditor and the county engineer to advertise for bids for the township gravel hauling. We open bids on April 28th.

02:11:03,530	WMD Pontiac was the apparent low bidder, and I would recommend approval of the proposed resolution in your packet. So moved. Second. Motion and second to approve the gravel hauling. Any further discussion? Call the. Commissioner Woodcox. Yes, Commissioner Munson. Yes. Commissioner Bakken. Yes. Commissioner Schwab. Yes. Chairman Bitner. Yes. Motion carries.

02:11:25,070	All right. The next item we have on the agenda is to accept the platted right of way, as shown in the attached plat in your packet. Burleigh County is required to accept, on their own behalf or on the behalf of their townships right of way, showing plats that are approved by the City of Bismarck.

02:11:38,430	City of Lincoln, or Burleigh County. J.F. Fox Haven Subdivision has been approved by the City of Bismarck through their ETA process, and we are requesting that the County board accept the right of way that is shown in the attached plat. There is a proposed resolution. I would try to answer any questions you have. Commissioners, any question.

02:11:55,870	Move to approve. Second motion. Second to approve any further discussion. Call the roll. Commissioner Munson. No. Commissioner Bakken. Yes, Commissioner Schwab. Yes. Commissioner Woodcox. Yes. Chairman Bitner. Yes. Motion carries. To NYPD. So that should be one of the last ones. It should be one of the last ETA. It just. Early in the process.

02:12:19,030	Chair sedan. This is kind of just housekeeping from where we were at cleaning up projects already in the works, right? Correct. Yeah. Mr. chairman, Commissioner Bakken, that is correct. This should be one of the last ones that was still in their process when we converted all the ETA over to us. Thank you.

02:12:35,630	Yep. Next item we have is a payment waiver request. Uh, action requested is to review and direct the highway department on how to proceed with the developer’s request. Under the current payment policy. Uh, developers and owners of property that are being platted are required to.

02:12:56,230	And required to pave all road, all internal roadways and adjacent section line roads and construct them to our standards. Timothy and Mallory, Claudie. Uh, track ten and northeast quarter of section 11. In Burn Creek Township. There is a map in your packet. Our proposing a one lot subdivision and are requesting a waiver of the payment policy.

02:13:14,800	Under this payment policy, the platting of the property required them to pave two and a half miles of Township subdivision roadway. There is a proposed resolution if you decide to grant the waiver, I will try to answer any questions. Move to approve. Second motion or second to approve the proposed resolution. Any further discussion? Call the roll. Commissioner Munson. Yes. Commissioner Bakken. Yes. Commissioner Schwab. Yes.

02:13:38,530	Commissioner Woodcox. Yes. Chairman Bitner. Yes. Motion carries. All right. Next item we have is to conduct a public hearing for the vacation of roadway right of way in Ponderosa Riverside Village. Replant.

02:13:53,870	Jeff and Kim Langer would like to have the platted right of way in the in Ponderosa Riverside village plat property is located in the southeast corner of section three in Hay Creek Township. There is some maps in your packet, and the petition to vacate the right of way.

02:14:10,370	Uh, additional information Jeff and Kim are currently working through the planning process, and if granted, they would like to plat the vacated and unimproved right of way into their plat. Um, as as mentioned, this property or this roadway has not been built. Um, they own all the parcels around it. And, um, I would recommend opening the public hearing and I will come back, bring any questions. Did we did we have this scheduled for a public hearing for tonight? Yes, sir.

02:14:32,230	Okay. Okay. Any anybody else have any questions? Dan, before we do that. Okay, I’m going to open. I’ll open a public hearing. Uh, regarding a right of way. Vacation request. Um, is the requester here? No. There we have. Good evening. Well. Thanks for your patience. Commissioners. Um, uh, my name is Jeff Esler.

02:15:03,270	My wife, Kim, and I, uh, are. The owners of flaps one through four, block 15 of the plat of part of Ponderosa Riverside Village, which is the land adjacent to Buckboard Lane. All four sides of Buckboard Lane.

02:15:23,330	Uh, we have submitted a petition to Burleigh County to vacate Buckboard Lane, uh, in its entirety, with the length being 580ft. And I can show you the aerial view. So you. can you can. Okay. Uh, the kind of goofy looking long line with the bulb at the bottom looks like a thermometer. That is what would be Buckboard Lane. But it has never been built.

02:15:53,630	Uh, there is no evidence that Buckboard Lane exists except for that drawing. And so that is what we’re asking to have vacated. We’d like to build a multi-purpose shop on our property, and we can’t literally. We have ten acres. We can’t build on any of it right now because there isn’t a primary residence on the three lots, so we can’t build there.

02:16:10,530	And our lot already has the number of buildings that we can have, so we’d like to build it right where that road is and therefore need to get that, uh, removed. What it looks like.

02:16:29,430	And this is a, this is a view of exactly where that would be if it was there. As you can see, there’s not even a an approach to get to it. So, um, if the only place you’ll ever find Buckboard Lane is on Google Earth just doesn’t exist anywhere else.

02:16:48,470	Um, so the purpose of the request is to vacate Buckboard Lane and to combine all of the four lots into one lot in, uh, into one usable lot to allow for the construction of a structure. The plat has been submitted to the county and will be on the agenda for the next planning and zoning meeting. Uh, this vacation request is in accordance with North Dakota Central Code section 240703 for public roads.

02:17:07,630	Buckboard Lane was never constructed. Has not been traveled on for more than ten years. Travel is made difficult due to natural obstacles. As you can see, it is surrounded by other subdivisions, all of which we own, so it doesn’t affect anyone other than us. Um, the public benefits of this road closure are that Buckboard Lane was never constructed.

02:17:27,530	The county will have never have maintenance requirements for it. Uh, there’s no liability or risk to the county if it doesn’t exist. Elimination of maintenance and safety concerns and returning the land to the tax rolls. Which is. Bad news for us because we haven’t been paying taxes on that little thermometer.

02:17:50,100	And now I will, um, I actually didn’t know that until we started this process that I was not being taxed on that. So maybe I. Back taxes. No, no, there’s. No backpacks. Um. So approving this vacation, uh, it removes county liability. Not necessary for county operations. Will not create any landlocked properties, will not reduce public services.

02:18:11,630	All, in fact, in it, it means that there’s three houses and the 4 or 5 cars from each one won’t be on Ponderosa Avenue. So it’ll it’ll it’ll help with the, uh, not increasing the traffic load. Um, all easements of record will remain in place. A plat will be completed, putting the land back on the tax roll.

02:18:30,430	In conclusion, we have the full support of the township for the vacation of this property. And we are asking for your consideration and approval of, uh, Buckboard Lane vacation. Uh. Thank you. And do you have any questions? Yeah. What size is that? Uh, what size is that? Easement in square footage. And I said it was 600 or.

02:18:55,970	580ft by. 80, 580ft. And, um, I’m guessing it’s 16ft wide. I think it’s 80ft wide. 80ft wide. Based on this map. Based on the map. Yep, yep, that’s about 45,000. So with the size of that ball will be probably 46,000ft, which is right around a acre. Right. Yeah. Um.

02:19:17,600	So you’re asking us to, to basically give away an acre of Burleigh County land, right? I guess, yes. One way to look at. It. Okay. What’s an acre land worth? An area.? I really have no idea. I’ve not been in the market for it for 25 years. Mr.

02:19:51,170	Chairman Commissioner Woodcox, I was out there today and looked at it and, um, no reason why we should deny it. And they’re going to build on it looked good to me. I couldn’t see anything wrong with it passing out other than I didn’t see any OHV out there. I drove all around Ponderosa about eight times. Finding this finding. the only option. That we have have.

02:20:09,700	Hooves. There was a guy with a boat that blocked the hole. Never mind. I’m only approve. We don’t have. The hearings. Still open. Oh. I’m sorry. That’s right. Okay. Anything else? Any other questions for Jeff? Okay. This is a public hearing.

02:20:35,870	Anybody else wish to speak on this item? This is a public hearing. Does anybody else wish to speak on this item? Vacating the right of way. Third and final call. This is a public hearing. Does anybody else wish to speak on this item? I’m going to close the public hearing commissioners, what are your wishes. Mr. Chairman, I would move. We approve.

02:20:55,530	Second motion and second to approve any further discussion. Call the roll. Commissioner Bakken. Yes, Commissioner Schwab. Yes, Commissioner Woodcox. Yes, Commissioner Munson. Yes, Chairman Bitner. No motion carries. Not for any big reason. I’ve. I’ve just kind of wrestled with that question. It’s worth versus. Yeah.

02:21:23,470	You know, I, I understand it only has value to this one landowner because he owns the land around everything. And I think that’s I think that’s fine. I don’t have a problem with doing it. I just have it.

02:21:36,870	Under and make the argument now that, well, at least we’re putting it back on the tax rolls for property taxes, but we’re trying to get rid of those. So. that’s kind of a moot point, isn’t. It? Yeah. Very true. Yeah. We just did a good job on eliminating county portion of property taxes. But go ahead Dan. All right. Next item. Mr.

02:21:54,330	Chairman and commissioners we have on your on your agenda is the review and direct the county highway department on how to proceed with a second approach denial request. Scott Burger has requested a second approach permit to the property described as block two, lot five of Briar Dale subdivision address 1990 19 Briar Dale drive. The first approach is currently located off Briar Dale drive.

02:22:13,000	The second approach would also enter off of Riverdale Drive as shown on the map. The second approach was denied because of spacing requirements and proximity to both his neighbors and his driveway. Uh, he has asked for an appeal of the Highway department’s denial.

02:22:31,170	I don’t have any big issues with it, other than it is pretty close to the neighbor’s driveway location, so there is a map in your packet if you would like to look at that. So your your initial denial was because it’s just too many driveways. It doesn’t meet our, our spacing requirements which we usually try to get 100ft between different driveways. This is a low speed, low volume roadway.

02:22:52,530	So we have denied these in the past as as an and they have appealed them to the county board. But that was our original denial. It was because of the spacing requirements okay. But it’s not a safety concern. I’m not really concerned in this area with safety or like I said, low speed, low volume. Um, and.

02:23:10,630	How far is it from the spacing, the distance? I don’t have that number off the top of my head. If I had to guess, it’s probably closer to 50 to 75ft. Say 50 way it looks. Yeah. Um, I. Don’t know if the. Oh, he is here. If you’d like to hear from. Him.

02:23:29,270	Mr. chairman of the neighbor been informed? Um, we generally don’t speak. So. We need to do that. We don’t send anything to the neighbors. Don’t. Who’s the. Scott Burger, do you want to come on up? Welcome. Hi there. Chairman Commissioners. Um.

02:24:08,530	Basically, we bought this property in September of last year. It’s got a wooded area behind it, which Sibley Drive sort of wraps around the development. My original intent was to see if I could get a permit to come off a Sibley, to get in the back of my lot, and I applied for that. And Dan informed me that, you know, that’s, uh, not really policy.

02:24:30,730	To be able you have to come in from your own development area. So then my plan B was, can we do another approach? This approach will be actually minimally used.

02:24:49,370	I want it to be able to just go along the property lines, clear out a little bit of this wooded area and put some, uh, trailers and equipment back there, sort of hidden back there so I don’t have to have it on the front of the lot. You know, uh, looking pretty ugly. Um, you know, the actual ditch is probably a lot of those ditches down there are very shallow.

02:25:05,470	This probably got about an eight inch ditch to it in that area. Um, but yeah, the intent is just maybe use it once or twice a week, maybe even less. But, uh, just to be able to get some stuff in and out. So.

02:25:24,730	Commissioners, any questions for Commissioner? Um, have you had any conversations with your neighbors, especially in the adjacent. Uh. I have not talked to anybody about it. If a person drives through and this doesn’t make it right or wrong, maybe it doesn’t answer your questions.

02:25:40,730	There are a number of approaches down there because I’ve drove through here and worked on it that are similar, maybe a little bit more distance, but that was done over the years that whether it was done right or wrong, I don’t know. Um, but I would be happy to talk to some of them.

02:25:54,170	We just moved down there, don’t know a whole lot of them, but I know the house right beside me that, uh, that would be the closest one there that’s owned by somebody that rents it out. I guess I could find out the owner of that. And good way to meet the neighbors. But I drove down there at night from a safety perspective.

02:26:10,600	I didn’t, uh, um, if it would have been on the other side of the curve, I would have had some issues. But on this side of the curve, I didn’t see any safety concerns with with the siting of a second access point, there. Commissioner Fully visible. How far is this approach going to be off the.

02:26:33,370	You want to get back behind from the property line right between your property line and the building. So the house there’s quite a bit of space between the house and the property line. I don’t know, 50ft. I should have measured it, I guess, because this would be what I’d consider the west side.

02:26:57,700	On the other side, the original people put a shop in everything, so you can’t go through there to get, you know, back to that area. So I’d simply put probably a 15 foot roadway back there to get back to that wooded area. And um, I did check the answer to the one question we’re probably about 25, 30ft away from that other approach.

02:27:22,630	Um, out of the house to the west of me, I guess. Here again, it’ll be infrequently used, but it would be to, you know, gain access back there. So. Dan, what did you recommend on this or say about danger? Um, Mr. Chairman, Commissioner Schwab, generally speaking, we try to get 100ft.

02:27:50,900	Obviously, in this circumstance, we can’t get 100ft between these two approaches. I don’t have any concerns with this low volume, low speed roadway site distance appears to be good down there. Um, we only denied it because of the proximity to the to the other driveways. Is that really a heavy trouble? No, no, no. I moved to approve.

02:28:13,570	Second motion or second to approve any further discussion. I think one of the things we maybe should do is, is consider contacting the neighbors on each side of these things. Um, not not for you, but I mean, for us. Um, just to get a little input and see if anybody had an issue with it or not.

02:28:30,600	I don’t want to get into where we’re sending out a hundred envelopes and whatnot. Right. But. Well, and the other concern is the the lot. Is called. I would say just. Call them. Yeah. So the other concern is where, Dan, you might have some concerns about this is um, the lot across the road’s not developed either.

02:28:50,170	So, you know, where is their approach going to go. So just from an alignment perspective, if we’re cluttering the one side of the road, then that could have an impact on the other side. And what somebody wants to do with their other property.

02:29:04,330	Um, so that was one of my other concerns when I went down there and looked at it. But, um, yeah, I don’t, I don’t see an issue with from a safety concern. Anyway. Yeah. Which is what. If you get the approval to do this? No fudging and going off right away, you know that. What’s that? No fudging and going further out. I don’t know.

02:29:24,900	I got to get along with everybody down there. So. All the Commissioner Schwab. Yes, Commissioner Woodcox. Yes, Commissioner Munson. Yes, Commissioner Bakken. Yes, yes. Motion carries. All right, Mr.

02:29:46,270	Chairman Commissioners, the last item we have under the Highway department is permission to add Fiber Pacific to the list of approved utility companies for permit utility permit issuance in county right of way. Historically, the highway Department has requested that the county board approve any new utility company that was requested. Utility permits. ZIP Fiber Pacific will provide retail, internet and voice over IP services to the residents of Burleigh County, as requested. To be added to our list of approved telecommunication.

02:30:04,600	Telecommunication utilities. I just wanted to add that I did receive an additional email for a little bit of clarification. Um, it looks like there’s two companies zip fiber Pacific is actually the utility provider, and NFC northwest is a the company that will actually own the fiber optic that would be in the ground.

02:30:28,370	Um, they’re their representative had emailed me this morning and I just got that information before this meeting. So, um. What would. This do for them? This what are we asking for? Yeah, um, we’re just asking for permission to allow them to. To grant them utility crossing and longitudinal permits.

02:30:48,800	Um, due to the fact that it’s a new utility in our area and we’re not familiar with them. So. You heard anything about it? Um, just the only thing I know about them is the email that, um, Administrator Sanger and I had received last week. Uh. Is this one of them? Here come the data center deals.

02:31:13,730	I there, according to the email that they sent out, they say that they’re going to provide retail, internet and voice over IP, I would assume, to compete with back end Mid-Continent and Centurylink. Got that in writing. I have what they have sent me in the email. Moved to approve. Second motion and second to approve any further discussion.

02:31:40,530	You always heading into the unknown with this stuff, right? Yeah. Competition is good, right? Well, they do have to get a permit, yeah. Right. Yeah. Right. And then that’s not that’s not a perpetual permit though, right? No, we approve individual crossings and uh, longitudinal. However, there is a caveat to the whole thing.

02:32:00,170	It’s just like, um, OHV, we can only give them permission to be in the right of way. They still also have to work with landowners to get permission to be on private land as well. So and. This very well could just be a crossing through early county. They might not even be doing business here at some point either.

02:32:15,870	So who knows. We don’t. Know. Commissioner Woodcox. Yes, Commissioner Munson. Yes, Commissioner Bakken. Yes, Commissioner Schwab. Yes, Chairman Bitner. Yes. Motion carries. All right. Thank you. Commissioners. Kelly Lebon, Sheriff, VFW post number 1326, cash donation. Welcome. Good evening. That is loud. That lady is correct. Good evening. Mr.

02:32:44,730	Chairman Commissioners, uh, at the request, uh, Commissioner Bitner, uh, we had reached out, as you’re aware, to the AmVets, and they give us a donation for a drone of 25,000. Uh, again at Commissioner Bitner direction. We reached out to the VFW here in Bismarck post 1326. And they also gave us 25,000.

02:33:08,600	What that’s going to allow us to do is to purchase two drones that we would never have probably had the money, even struggling to do it through budgeting. Um, so that’s going to be some very good technology for our department. So basically, I’m just asking your permission to accept the second donation. So moved. Second motion and a second to accept this generous donation.

02:33:31,530	Any further discussion? Call the roll. Commissioner Munson. Yes, Commissioner Bakken. Yes, Commissioner Schwab. Yes, Mr. Woodcox? Yes, Chairman Bednar. Yes. Motion carries. So track down. I watch this. One. For.

02:33:51,870	Want to mention a big thank you to the AmVets, the Bismarck, AmVets, and the Bismarck VFW for their generosity with the gaming proceeds to to help us to fund the the necessary equipment of the Sheriff’s department. I think that’s a very big deal. Thanks for following up on that. Yes. No, thanks for the idea. And absolutely we are going to do a joint press release, uh, with both those organizations. So good. All right. Thank you.

02:34:11,530	You can monitor over with those, right? Yes. Mr. Chairman, commissioners, um, they have their limitations, they have their pluses, but they have their limitations, too. So that doesn’t get a predator. No, no, can’t. Go fast enough. Yeah. Predators. Oh, they can go fast. Predators do. Predators go. Okay. Thank you.

02:34:33,430	Commissioner Munson, you got a MVC mowing quote and a fire banishment. Well. I need to, uh. We need to feel sad. Number one, uh, elite lawn care, who had given us a. Quote to.

02:34:57,100	Mow the Missouri Valley complex when we reached out with them with their contract and reminded them that it was a weekly mowing, not a biweekly mowing, as it was advertised correctly, they aired in their, uh, bid and they asked if they could revise their bid. We can’t. We can’t allow that. Uh, so I am moving to approve the second low bidder of knockout land management of $9,000 monthly.

02:35:23,170	Uh, 4000 $545,000 seasonally, uh, for the mowing contract at Missouri Valley Complex. I think I misunderstood the numbers. $9,000 monthly. 9000. We went from $3,900 to 9000. A month. A month, a month to mow the Missouri Valley complex on a weekly basis. Really? Mowing the whole damn place? Uh, no.

02:35:47,730	They are what? We sent them a map that, uh, showed where the, uh. , uh. Parks and Rec were responsible for. And very specifically the areas that they were responsible for. That’s what all three bidders received. Uh, and our highest bid was 11,000 for 75 for that, for that same area. Okay.

02:36:11,330	Um, I’m in the wrong line of work. I mean, when you say 9000 a month, how many times they mow? Weekly? Weekly? Once a week. Uh. Which, even if elite. Would have. If they’d bid. It correctly, they would. Have correctly and doubled their number. We still would have been better off with them. But. But we can’t. Allow that.

02:36:28,270	You don’t have Forrest Gump’s number. Do you? Don’t have Forrest Gump number. And I just think that’s too much money for mowing guys. Um, we’re going to be hiring somebody and we’ve got mowers and such. That’s all. We’ll. Next year for sure.

02:36:46,730	In budgeting, we were going to have to do something because that is a lot of money to be mowing. That’s a lot of money for mowing. That’s not that big. Consider we were paying Parks and Rec $100,000 to do all of the mowing for all of our facilities, and the docks, and the maintenance of the the bathrooms and the tree trimming

02:37:09,330	and the park maintenance. We only spent $100,000 for all of it with Parks and Rec, and we’re looking at spending $45,000 just to mow the Missouri Valley complex. Plus, we got to buy mowers, right? Well, so that’s. What are the what are those costs? Uh. Dan, are you talking spendy? How much for a more 100,000? 50,000? No.

02:37:35,170	Can’t be. Do you get a big commercial mower? Commercial zero. Turn 40. Yeah. No. At 40, 50,020. Jerry, you’re retiring, right? 20. I’ll do it for you. You want to be a Forrest Gump? Um, Mr.

02:37:52,070	Chairman and commissioners, I don’t know that exact number off the top of my head, but I can’t see it being more than $20,000. See, I said. Um. But I don’t have a good feeling of what a zero turn commercial grade mower cost. It might be. It might be 40. When I was on the park board four years ago, they were over 40. They were closer to 50.

02:38:07,000	So I honestly, I we haven’t bought a commercial grade mower for quite some time, so I don’t know what those costs. But as, uh, Mr. Bakken and I have talked over the past several months with the re-envisioning of our own park district, we’re going to have to take on some of these

02:38:26,800	thought processes in the 27 budget to lower our costs, because, like I said, this is half of what we paid Parks Rec to do everything. Um. So we have a motion. Did we have a second on that as well? I didn’t hear a second. Nope. I have a motion. Is there a second? Second.

02:38:47,000	We have a motion and a second. Any further discussion? We’ll get yelled at by the Wheat Board. Any further weathers, it? Probably only afternoon a couple times. Right. Commissioner Bakken? Yes, Commissioner Schwab. No. Commissioner Woodcox. Yes. Commissioner Munson. Yes, Commissioner Bakken I already voted.

02:39:14,270	Are you voted? Yes, chairman Bitner? No motion carries. I just think that’s too much. It’s ridiculous. Too much. It is. Yeah, and I’m old. I’m old a lot. I know quite a lot of acres. Um, at my place. And it’s just. That’s a lot. If I wouldn’t have had a higher bid, I would have questioned it as well. I understand, but okay.

02:39:35,630	Moving on the second item and I’m going to apologize to, uh, uh, Mary Singer, this is for a fire restriction conversation, not a ban. So shortly after our last meeting, I received a phone call from North Dakota Parks and Rec.

02:39:59,900	Uh, their concern with the Missouri Valley complex that if we have a high fire danger issue and they already have a training plan, their request was to have the Missouri Valley complex exempt from the fire restrictions for operating OHV at the complex for their training purposes. Uh, shortly thereafter, I had also received a call from the sheriff.

02:40:23,630	And you have a letter in front of you from the Corps of Engineers. Now, this came late. I don’t want to take action on this letter. I would like it to be back on the agenda for next meeting.

02:40:38,730	If you so choose, so that everybody has a chance to look at the and read the letter. Uh, from the corps. The Corps is also requesting that Kimball bottoms uh, Recreation Area be, um, exempt from the fire restriction. Uh, rules. Can we find out if the Corps is going to pay for the fire as they start down there? It seems to burn all the time. Yeah.

02:40:59,730	Like I said, I’m not prepared to talk about the, uh, Kimball Bottoms area, because, again, this letter came late. So, really, I want to focus on the. Missouri comments. I don’t think you’ve been out. You’re out there. I don’t think that, uh, we should be having off road vehicles out in the weeds out there at the fairground.

02:41:18,630	The training only happens within the, uh. I don’t have a problem. I don’t have a problem with that. But. Right. And it’s mostly on. You.. No, no. Well, I. Just don’t know what the.

02:41:37,070	weeds situation in the grass situation is out there, because I haven’t been able to get out there lately. But doesn’t this seems like it’s right along the same lines of that we were talking about earlier with the ATVs on the five mile or whatever, and exactly all or nothing all of a sudden, are we doing. Yeah, exemptions for. State and federal agencies.

02:41:59,270	And if state’s attorney lawyer is telling us we can’t, I’m fine with that. I’m just bringing forward the request from the respective groups. So the Corps of Engineers runs their own areas down there, and they’re in charge of that, and you can’t really tell them what to do in their own areas. So I’m not I haven’t seen this letter. I don’t know what that’s all about.

02:42:18,470	Um, regarding thank you. Um, regarding having a fire restrictions and then putting limitations on that. I don’t know that there’s anything in sentry code that allows you to pick and choose which restrictions you’re going to enforce and where you’re going to enforce them.

02:42:43,230	And so it’s pretty much, I’m sure they’re asking for if they if they’re asking for, um, to go down to train, I’m sure they’re asking for just that one exemption for that one thing. And really, it’s all or nothing. Sure. Sheriff Liebman has. Some. Kelly has some. He’s he’s volunteering to come up and talk again. Mr. chairman, commissioners, obviously.

02:43:06,170	Uh, Julie’s your legal advisor. I guess my question is, when I look at 53 counties, burn bans, they’re not all consistent. So I think the law gives the commission the authority to create the burn restrictions for their county. So it’s not selective enforcement.

02:43:30,800	It’s you create you could say you can have a charcoal grill. Emmons County might say no charcoal grills. So I think we should look into that to see what authority. Because I think you can exempt areas. But I’m not the legal advisor. I would I would prefer to table this and give Julie a couple weeks to, to look through it. Second.

02:43:59,900	I would just point out to that if you’re going to ban charcoal grills or restrict charcoal grills, you’re doing that across the entire county. And if the other county doesn’t want to, that’s across their entire county, not just charcoal grills. Man. People put reporting the news.

02:44:14,870	We are not banning charcoal grills before it gets out in the press. Erroneously are.. I don’t think there’s a need to have a motion a second to table. I think we just move it to the next, slide. Move it to the next meeting, next agenda for the next regular scheduled county commission meeting. But the discussion being, um.

02:44:38,900	Did you have a coffee? Mark. That letter. Perfect. Thank you. Okay. Under me. Uh, multi multi multi hazard. Multi. The meeting is getting tougher. Multi hazard mitigation plan. The reason I put this on here is because it’s kind of a big deal for Burleigh County.

02:45:00,800	Um the emergency manager went through and did all the updating and and changing and got our multi hazard mitigation plan passed on the first whack and people were congratulating her from different organizations. And I thought it was important to relay our congratulations as well and probably get a little bit of information on that plan from Mary, please.

02:45:25,000	She can tell you more about it than I can. Chair and commissioners, we go through a comprehensive update every five years. It has to be approved by the Federal Emergency Management Agency. This formal approval gives Burleigh County access to a handful of grants. Um, and we do our own plan.

02:45:54,730	So Burleigh County is one of a handful of emergency management entities in the state that does our own plan. So the rest contract them out for up to $75,000. Um, this also allows our communities wing Wilton Lincoln to apply for the same grants that Burleigh County can apply for. So it’s a win win for everybody. Congratulations. Yes, congratulations and thanks for the good work.

02:46:19,800	And it’s also a public facing document. It’s on our website. And anybody can review it if they have other mitigation opportunities. They want us to consider. We can certainly add them in at any time. If it’s not in the plan, we can apply for grants, but we can add activities in any. Okay.

02:46:38,330	Very good. Thanks, mayor, I appreciate it. Well done. Um, I got a call last week that I was speaking with Commissioner Woodcox on some other issue, and we talked a little bit about this continued garrison diversion discussion. So I had that added to the agenda kind of late breaking.

02:46:57,900	Um, because I think the the question was based on the decision of the Garrison Division, Conservancy District. We have a certain amount of time. It’s time certain to appeal or not. If we wanted to appeal that decision and keep that ball in the air, and that’s why that is on the agenda today.

02:47:19,530	So what is the time? I believe the decision was on April 16th. I’m not positive. And we have how many days. 30 days. So that would be before our next meeting. That’s my understanding. Now, don’t quote me on that exact date. But whatever the day was, we had 30.

02:47:42,000	Days, but how much time afterwards do we have? None. We have 30 days from the date of the decision, whatever that was. I’m working on it. Can we appeal? Just feel appeal.

02:48:00,270	So to appeal, you’d have to give a notice of appeal to the agency and you’d have to file it within the District Court of Burleigh County. That has to be done within 30 days after the decision was made. And so, uh, and the notice. Yep. And so that would be I want to say it was May 16th, I think I did the math and sent it to someone.

02:48:15,700	Someone had asked me, May 16th I think is the the deadline because that’s a Friday. I think the decision was made on April 17th, but May 17th would be a Saturday, so it would have to be done by then.

02:48:32,800	And then the process from there is we have to pay to get the record made for the court, because the district court is just reviewing the decision, along with all of the information provided, to make sure it wasn’t just an arbitrary decision. So the question is, are we going to appeal? Right. I’m all for it. Yeah. Mike. Mr. chair. Commissioner, my question would be and the state’s attorney lawyer made the statement, we have to pay.

02:48:59,430	What what are we looking at for cost? Is it less than a million? So it would. Yeah. Um. I couldn’t estimate it at this point. I don’t remember how long the hearing took.

02:49:15,000	There was written testimony, so we’d have to gather all that, and then it would basically be a transcript of the, uh, recording of the hearing if they had a court reporter there. Because you could always do that, too, and have somebody typing it up. Then having that person transcribe their shorthand typing. So, um, generally it’s about 4 or 5 bucks a page. We were a short segment though, and we actually had a recorded. So does that have any benefit.

02:49:30,630	For you? Well, we’d still have to have a court reporter or somebody officially type up a transcript of that. And that. Section of that section of the meeting. Right. The hearing, the hearing that they had put on, and then all of the written testimony that was provided as well.

02:49:49,630	Even cheaper include would that also include the um, recreational committee meeting that we had the initial recording on? Because that was really bad. Um, would that be. The record, the record that the court looks at is what information was provided regarding Burleigh County’s benefit to being in the Garrison Diversion District? So their hearing regarding this matter is the record that we would have to prepare.

02:50:10,900	I brought that record up. At a. Minimum, and before they made that decision, well. If you brought it up during the thing, then it’s fairly. Matter of fact, they didn’t like that. I’m sure not. If you weren’t so long winded. So I mean, it’s it’s on the. Record that, uh, they’re not doing any water projects. Uh.

02:50:33,900	Blah, blah blah. It’s all on their. We could request that that be prepared as part of the record. Yes, I think that would if it’s relevant, it’s got to be. Got a public input on it. Yeah.

02:50:49,530	And also the part makes sure that we’re keying on the part as far as the, um, thing about this question of them being able to grant money under the state constitution, where we. Can’t, I brought up we don’t want to be part. Well, I kind of didn’t word that correctly, but we want to be a part of an organization that’s going to deceive the legislature.

02:51:13,530	I mean, that whole transcript was brought up on that, on that meeting. So that should be okay. The thing that I’m well, I don’t want to say too much here. I got to talk to Julie about it. I’m still AI in this outfit, but we got a. We’re running out of time. We got we got a window.

02:51:35,270	Well, today you have to decide whether or not you want to go forward with an appeal, because that would have to happen before your next meeting. Move to go forward. Second motion a second chair. Commissioner Munson, what are we looking at spending? How much are we authorizing to spend public dollars to do this? Since, you know.

02:51:53,970	I was going to say, I don’t know at this point, but what we can do is we can ask, we’ll find out how long of a recording and or transcript, or if they had a court recorder.

02:52:08,530	I don’t know what they did, but we can figure out how much that is and then get an estimate for that. Once we file the appeal, we can always withdraw that if you don’t want to move forward with it after that. The first step, though, is if you are considering doing that is to meet those deadlines, to get everything filed. Okay. Any further questions? Call the roll. Commissioner Schwab. Yes.

02:52:26,500	Mr. Woodcox? Yes, Commissioner Munson. No. Commissioner Bakken. Yes. Karen. Bitner. Yes. Motion carries. Chairman I actually think we got a very good case. I’ve voted against that all the way along, and I’ve changed my mind in that we’re at the final stages where this.

02:52:43,730	The court’s going to decide what’s going to happen. So I, I want to move that forward and get that done and get out of the way and move forward. So yeah. Okay. Um, we’re at that point in the meeting where I got to ask any other business for the good of Burleigh County being.

02:52:56,530	So, um, I missed dinner with the wife. We could stay for a while now, if you want. It’s just on. A microwave for me every Monday. It don’t matter. Okay. Any other business for the good of. Friday? Anybody here before 1045? We are. We are adjourned.