[0:00] To the flag of the [clears throat] United States of America and to the

[0:04] republic for which it stands. One nation under God, indivisible, with liberty and

[0:10] justice for all.

[0:16] » Morning everyone. Thank you for coming today the September monthly meeting.

[0:23] Um we will um

[0:28] first of all approve the minutes of our last meeting and I think there was only

[0:34] one. Is that right? Is there any uh additions or

[0:38] corrections?

[0:42] Does someone want to make a motion to accept the August minutes?

[0:47] » I make the motion accept minutes. August.

[0:50] » We have a motion. Is there a second? I'll second that. I have a second. All

[0:55] those in favor say I. I. >> I.

[0:59] Motion carries. Um, we have the agenda.

[1:05] Does anyone have any additions to the agenda?

[1:13] So, we want to make a motion to approve the agenda.

[1:16] » So, move. >> I'll second that. [clears throat]

[1:18] » We have a motion and a second for the agenda.

[1:22] Um, all those in favor say I. >> I.

[1:25] » I. Motion carries. Um, we'll move into public comment

[1:33] period. Um, we have one

[1:39] and I think it's Joey. >> Yes.

[1:42] » Joke. Yeah. >> Yeah.

[1:47] [snorts] >> Morning.

[1:49] » Morning. Um, I guess I just wanted to voice a concern over last month's uh

[1:56] meeting in regards to budgetary recommendations, mainly bonuses giving

[2:00] to the sheriff and fire chief based on performance. Um, I guess just notes is

[2:07] sheriff elected to do a duty and grateful that we have a sheriff. um and

[2:12] in searching around just Google searches or whatever in regards to uh that there

[2:18] are [clears throat] gray areas on bonuses given and a way and stating that

[2:22] the wage possibly should be adjusted instead of a bonus be given and then

[2:27] questioning where that bonus is coming from if it's coming out of general fund

[2:31] or if it's coming out of emergency fund whatever that is. Um, and also if it's a

[2:37] performance-based bonus, is there a form of evaluation process that takes place

[2:41] to achieve to that? Um, and then in regards to the fire chief,

[2:47] uh, the commissioners, I understand pay the salary and he's governed by the

[2:52] board, fire board, which is elected. And uh I spoke with the fireboard president

[2:58] and stated that there was no communication in regards to uh

[3:02] performancebased bonus on their side and um that there was not even any

[3:08] communication to them about in regards to it. Um I guess I feel that as a board

[3:15] they should have been able to make that recommendation or at least been included

[3:19] in the conversation. And then also have a concern that the

[3:24] week of the presidential library opening that two commissioners spent the week

[3:28] together at the Demor School which was command center for law enforcement. And

[3:33] uh listening to the August 4th recording, it was stated in that

[3:37] recording that um in deciding the performance bases to be paid that they

[3:44] were staging that they were there [clears throat] from morning till

[3:46] evening and helped make decisions and was just questioning in regards to that

[3:51] if there was decisions being made on behalf of the county and state's

[3:55] attorney wasn't present was present but there was no meeting notice, no minutes

[3:59] or anything of that. So those are my concerns and thank you for your time.

[4:04] » Thank you.

[4:08] Is there uh anyone else? There's any more. Okay.

[4:14] Thank you again. Um we'll move into uh the next item

[4:20] which is uh Kevin Kessle. Uh,

[4:26] if you want to come forward. >> Morning, commissioners.

[4:31] » Good morning. >> So, I've got several questions and this

[4:35] is why I wanted to be on the agenda. Have you guys done a performance review

[4:41] of said employees for the bonuses?

[4:49] Yes or no question is all I'm looking for.

[4:54] Not that I No.

[4:58] » Okay. [clears throat] Because if you had, I wanted to know

[5:02] what metrics you used to justify it. [clears throat]

[5:06] [cough]

[5:10] » We didn't. So, we can't answer that. >> Okay. You answer [clears throat] this

[5:16] one. Where in Century Code does it state you can give an elected official bonus?

[5:23] cuz all I can find is you cannot. So I would like to know where it does.

[5:31] » It's been done in the past. So that's all um unless the state attorney wants

[5:36] to answer that. But uh >> the me where it's been done in the past.

[5:43] » Um >> yep. U Donheiser.

[5:49] Don Heiser wasn't elected by people. Um, I mean, I hate to go into names. I I got

[5:57] a few names that we gave bonuses that I wasn't on the board with, but I mean, I

[6:01] heard about, >> couldn't read about it cuz it wasn't in

[6:04] there and I don't want to touch base on it because I'm all for stuff like that

[6:08] when a person goes and [clears throat] sees what they do. So that's why same

[6:14] » considering the duties that were performed,

[6:17] Jim, would you personally they work for Hey Farms or Ranch, whatever you call

[6:22] yourself. Would you personally write that check

[6:26] for that bonus? Yes or no? >> What's that got to do with the county?

[6:30] » Yeah. >> What's that got to do with the county?

[6:33] » Yeah. >> Would you personally spend that money?

[6:36] That's that's what your job is right there. You're spending the county's

[6:41] money. You made a decision to consciously spend the taxpayers's money.

[6:46] So I'm asking, would you write that check out of your personal check

[6:50] checking account? >> It's not This isn't personal. The the

[6:54] farm would be different than the county, Kevin. So why would it be any different?

[6:58] If you personally wouldn't spend that w money, why would you expect the

[7:01] taxpayers to? >> Who said I wouldn't do it?

[7:03] » That's what I'm asking you. You're telling me what's got to do with it. I'm

[7:06] asking you, would you personally spend that money? I'm looking at the overall

[7:10] picture of what happened here with Billings County.

[7:14] [clears throat] >> It didn't answer my question. I asked,

[7:16] would you personally spend that money? >> That's not a question I asked. I'm

[7:19] sorry. >> Yeah. Just not going to answer it.

[7:21] » No. [clears throat] >> Okay.

[7:23] » Mr. Chairman, I got a question for Jerry.

[7:26] » So, does it state incentive code you can or cannot give a bonus to an elected

[7:32] official?

[7:35] There is, as been it's been alluded to, there's a gray area on it. Salary

[7:40] adjustments are preferable. However, if there is if it's discretionary

[7:47] and if it's in the discretion of the board [clears throat] based upon there

[7:53] there are multiple ways to do it. The board elected to do it through a

[7:56] one-time uh discretionary bonus. Um, century code does touch on the board of

[8:04] county commissioners of the county made by resolution increase the salary of any

[8:08] full-time county official provided in the section if in the

[8:12] judgment of such board by reason of duties performed the official merits the

[8:17] increase. So applying that to the the bonus as

[8:23] opposed and and with with the bonus there's obvious tax implications and

[8:28] things but the board does have discretion to increase salaries uh if

[8:32] they so choose they chose to do it through through the discretionary bonus

[8:38] subject to the emergency declaration based upon the extensive amount of work

[8:43] that was outside of the normal duties of the two county employees that performed

[8:49] the the work. Um, running emergency management services and running the

[8:56] sheriff's department has its own set of of criteria and and expectations.

[9:03] uh what we as a county faced throughout not just July but for a year in advance

[9:10] of of this past July 4th um was in excess of what any sheriff around the

[9:17] state has expected to plan for and as well as the emergency management

[9:23] services with the uh fire EMS the rest that's that's what

[9:31] has some basis in in the law to do it. So, uh it's been done in the past where

[9:36] others uh in the county and county officials have gotten increases in

[9:40] salary. Um the the bonus structure is defined in century code for state

[9:47] employees, not as clearly set forth for county

[9:51] employees.

[9:54] state employees have a [clears throat] a very they actually have their own, you

[9:57] know, piece of the century code that talks about, you know, setting it forth

[10:02] and and they're limited and capped, but uh bonuses are given all the time. And

[10:08] again, I I I'm not going to get into county versus state. Many more examples

[10:12] of state budget, I'm sorry, state bonuses that have been awarded uh just

[10:17] within the last month, um approximately a month. Um the believe it was the state

[10:24] investment board uh opted to give hundreds of thousands of dollars of

[10:31] bonuses to its board. Um which the attorney general said was was proper.

[10:37] But again, that's that's codified. That's statutory. Uh the attorney

[10:42] general found language that said it was proper and appropriate. So, I guess to

[10:47] answer the question, back to the beginning,

[10:51] there are a couple ways to do it. Um, the way that the the commission voted

[10:56] does not appear unlawful. Um, but in their discretion, again, the

[11:02] board of county commissioners, if in the judgment of such board, by reason of the

[11:05] duties performed, the official merits the increase, it's not unlawful.

[11:12] Okay. Okay. >> I have a question for you, then. Yes,

[11:15] sir. >> So, [clears throat]

[11:18] did you ever attend, you know, cuz you're on the fire department, right?

[11:22] » That's right. >> Okay. So, did you ever attend any of the

[11:25] events down here that went on? Did you go to any of the meetings during

[11:30] » I did not That is why it's a volunteer fire department. I have time.

[11:34] » That's right. I'm just asking. >> Yep. So, you don't really know what

[11:39] these what all of the individuals that did do things do and so why

[11:47] » individually? No, I do not what they know what they did individually.

[11:50] » If you don't know and you're asking questions, that's fine. It's your right

[11:54] to do that. So, >> but but we have a reason to believe that

[11:59] they were entitled to that. That's my take.

[12:03] » Okay. Okay. And and if you uh >> want to know how many meetings or how

[12:10] many things that were attended and and taken care of after hours, there was

[12:16] lots there was city meetings, county meetings that we went to Bismar several

[12:21] times met with the >> government documented, right?

[12:23] » Huh? >> It should be documented, right?

[12:25] » It is. Yeah. >> Okay.

[12:27] » So it it's there. So um >> so they work some overtime hours.

[12:32] » That's what you're telling me, correct? an exempt employee. The sheriff is both

[12:37] of the individuals you're referring to are exempt. They don't get overtime.

[12:40] » They don't get overtime. >> That's right.

[12:42] » Right. >> Which means they have the luxury of

[12:44] taking time [clears throat] off when other 40hour employees do not.

[12:50] To answer your second part of that, you can adjust the salary. A bonus is not a

[12:57] salary adjustment because if a bonus was a salary

[13:01] adjustment, the tax would be the same. But a bonus is tax different.

[13:07] I just going from my personal experience on that.

[13:11] » So that would be a >> that's a huh?

[13:14] » That's a Jared question. >> Any anytime anytime [clears throat] your

[13:18] paychecks are higher than normal in a in a lump there there's more taxes taken

[13:24] out. >> Mhm. [clears throat]

[13:25] » So bonuses are taxed at a different rate than what your standard

[13:30] » that's not a salary adjustment. that different if you did a salary adjustment

[13:34] then >> that's different but you didn't you

[13:37] issued a bonus I'm not going to rebuke you have the right to do the fire chief

[13:42] cuz he is not an elected official I question is going to be the sheriff as

[13:48] an elected official am I not going to deny that he probably had to work some

[13:51] hours yes but I'm also going to say Dean you were around in 1988

[13:58] there's a lot of people worked a lot of extra hours then that to me is more a

[14:02] natural disaster than the president showing up.

[14:06] » I disagree with you. >> Yeah, I disagree with that.

[14:09] » There's a lot at stake on a county side when

[14:11] » there is a lot of liability on state side. when we were sitting there that

[14:16] week when you have Secret Service and the FBI and they don't even talk to you

[14:21] but on Thursday one of them finally did and how wonderful Billings County was up

[14:26] to par and did this cuz if we would have had a disaster it would have fell on us

[14:31] and it would have so in ' 88 you're talking them fires I was assistant chief

[14:36] in 88 I'm pretty familiar with that so when you're out there fire got away fire

[14:41] did this fire did that that's not a national disaster ask what would have

[14:45] happened here if something would have went on the day Trump was here. So

[14:48] that's where I'm going to divide the two.

[14:50] » I understand where you're coming from [clears throat and cough] because you

[14:52] can't control the fire and you got a lot more control here. But I'm also going to

[14:57] say the Secret Service and the FBI, they do this every day.

[15:02] » They do. >> They do it every single day.

[15:04] » When they come and tell you how wonderful Billings County did and what

[15:06] we did, we couldn't expect what people we had. We had no control on that. We

[15:10] still had to plan this event as if what was going to happen. That's right.

[15:14] » And we were I was thankful there wasn't enough people around and it kind of went

[15:17] the other way just because of issues. But we still had to go through this

[15:21] whole ordeal before and all the way up to the time of the event. And when that

[15:27] day was over, I kid you not, it was a big relief. Did you ask if you can get

[15:31] that cost back? [clears throat]

[15:35] » That's my understanding is that's the intent that the state is. It can be the

[15:40] intent >> through the emergency declaration that

[15:42] the governor also issued. [clears throat] The intent is to

[15:46] reimburse the county. The county between the the secretary of the interior in his

[15:52] previous capacity as governor, other individuals that were involved in

[15:55] setting this library up for the last four or five years. There's been a lot

[16:00] of of planning and the state is not going to let it fall just to the county.

[16:05] » You're right. And all I'm asking is um the only thing I could find on it, so I

[16:11] want to know from the commission [clears throat]

[16:13] is the only thing I can find on it is you have to apply to get that cost back.

[16:17] And I'm just curious, >> it's already been applied for.

[16:19] » What do you apply through?

[16:25] » Well, it it was applied for That's right. We had to do it before the

[16:30] so the governor could make it a disaster.

[16:34] » Dees. >> Yeah. Department of Emergency. So, so

[16:37] there was a million dollar set aside >> Bill 10:18 to be specific.

[16:42] » So, dees is working on that. We actually have a meeting on the 14th at September

[16:48] 9:30 9:30 or 10:30 a.m. >> to discuss those million dollar funds.

[16:53] » Okay. Which one of you guys is going to be in that meeting?

[16:57] » I've been in the past one, so I'm sure I'll be in the next one.

[17:00] » That's all I ask. Okay, >> that is all I have gentlemen for now.

[17:06] Thank you. >> Thanks.

[17:08] » Thank you, Kevin.

[17:14] » So, I'll do department uh reports after um

[17:20] » and Julie is on 9:15. So,

[17:31] Good morning. Oh, wait. Wrong way. [laughter]

[17:36] » Who decided to move the furniture? >> Well, it's so you weren't blocking

[17:41] everybody over there. >> It's working out. I think

[17:45] » Oh, good morning. Morning. >> I just wanted to uh come in today to

[17:49] just uh bring some further attention to the the minutes publication um process

[17:56] in the county. Um I I know I when you visit with people I I'm curious I guess

[18:03] if you've heard people say that are never published. I know they are but I

[18:06] also notice that there are gaps and you try to keep up by reading the paper

[18:11] which I normally utilize the paper. Um, but just in the last couple weeks, I

[18:17] just realized that there were probably more gaps than than maybe you realized,

[18:22] maybe the office realizes, whether intentional, unintentional, I'm not here

[18:26] to say, but um, I think some accountability maybe as to getting these

[18:30] published timely and posted online timely would be helpful. Um and just to

[18:37] bring that to everyone's attention um as in century code obviously in 1113

[18:43] 11-13-02 um the county auditor shall act as a

[18:47] clerical board of county commissioners and keep an accurate record of the

[18:49] official proceedings of the board which is stuff and according to NDACO other

[18:53] duties of a county auditor include finding and storing copies of the

[18:56] official county newspaper which is pioneer as county record as found on

[19:00] their website under which that information I found on the NDAC website.

[19:04] Uh also on 11-11-37 of the center code proceedings of board

[19:09] of county commissioners to be published an official newspaper when published the

[19:13] board of county commissioners shall supply the official newspaper of the

[19:16] county. Although a complete report of its official proceedings at each regular

[19:20] and special meeting no later than seven days after the meeting at which the

[19:23] report has [clears throat] been approved.

[19:25] Once they're approved, the following month,

[19:27] the publisher of the official newspaper shall publish the report in the issue of

[19:31] the paper next succeeding the time of its reception and shall file with the

[19:34] county auditor and at even a publication executed in the prop report. So I I do

[19:40] know from experience with the change in the newspaper ownership, it hasn't

[19:44] always been picture perfect um with correspondence, but when things are

[19:48] published, there should be acknowledgement of that publish

[19:51] publishing. Uh so I would think that that would be something to be checked

[19:55] on. Um in 2024 was at one point when I was looking for minutes that I noticed

[20:00] that there was an issue and I had contacted the auditor's office at that

[20:03] time. Uh it was midappril and I couldn't actually find minutes beyond January

[20:08] 2024 either in the county pioneer or online. So that's a that's January,

[20:12] February, March, April 3 months. I was looking for February March which March

[20:16] also included a special meeting. um they all would have been approved prior to

[20:20] April 18th when I when I inquired about trying to find them. So the minutes

[20:24] ended up getting uh posted online relatively quickly. Uh also I was told

[20:29] that the newspaper would be contacted to follow up and obviously the emailing

[20:32] process of those minutes. Um but they they were additionally uh published

[20:37] about a week later. Uh but that was April. So you got February March minutes

[20:41] not being seen until the end of April. Uh at that time my hope when in

[20:46] contacting the the auditor's office was that they'd like to see the

[20:50] communication between the auditor's office um obviously for your proceedings

[20:54] um and the newspaper that there would be successful uh communication to ensure

[20:58] timely of the future publishing of minutes and proceedings. Um also to

[21:03] bring to attention that online postings aren't always immediate. Um you know a

[21:08] week but you know when it's a couple months and they're not posted online. So

[21:13] even since then, like I said, it was 2024, I have noticed gaps, but just

[21:18] nonchalantly paying attention. But it started making me think in July of this

[21:22] year on the 31st of July, I was trying to look up some zoning items and I

[21:27] pulled up my newspapers cuz I had quite a few weeks left from prior and I found

[21:31] that the last official minutes as of July, that's as of those newspapers were

[21:35] published from April and I could not find May or June. and those should have

[21:39] at least been at some point published by July 31st. Um, jumped online and again

[21:45] found that the issue of them not being available online. Uh, so I contacted the

[21:50] auditor's office again to resolve it. Uh, the online posting was just declared

[21:55] an office admission, but I mean you had a couple months of minutes that weren't

[21:58] posted at all timely, which should be easy to do online. um emails. I was also

[22:03] provided the emails to show the documentation of the communication with

[22:06] the newspaper, which that was appreciated, but they they just they

[22:09] weren't published for whatever reason. Um one thing I noted in the emails was

[22:13] that the June minutes was entirely and this is of this year. Um the June

[22:18] minutes email were entirely minutes while the email containing May was kind

[22:23] of bundled in the board packet and it didn't request publication. and the

[22:27] auditor did bring that to my attention that it was fair and not requesting

[22:30] publication. But um so again a communication problem. Um I I have other

[22:37] people have said recently in the last few weeks when I've been visiting

[22:40] [clears throat] about county business that they say well you can never find

[22:42] minutes in the newspaper which you know you can easily say that if you're but I

[22:46] was curious. So, I I I got into the county newspaper online.

[22:52] I went back to 2024. And I mean, everyone, we can go back and go over the

[22:58] room, but I mean, I scoured those editions two and three times a piece

[23:02] just to make sure I was not missing anything. And in 21 meetings, and I did

[23:07] follow through on I went online through the agenda center, printed them off for

[23:13] 24, 25, and 26. um went through and verified that they

[23:17] all had minutes attached to make sure that they were a meeting that did have

[23:19] minutes. So then and so of 21 meetings in 2024, seven of those were not

[23:24] published. Six of which were the last meetings from October on. Um there was

[23:29] one special meeting that was considered a a potential meeting, but there was

[23:33] never any verification online whether that meeting occurred or not other than

[23:36] there were there's no minutes for it. uh in 2024 or in 2025

[23:41] there were 24 meetings um noted but 13 of them were not published and of 16

[23:49] meetings so far in 2026 which I'm not including the August minutes because

[23:54] they would be approved today so they weren't available for publishing yet uh

[23:57] three were not published and one was actually published twice which was like

[24:00] the biggest January one was published two times uh so

[24:06] of the ones published and also Not all of them are timely. Like I found August

[24:10] meetings published in December. Um it's it's it's very spread and I I I

[24:19] watched some of the other county like school board whatnot. Um yeah, there

[24:23] were some flip-flops too. So am I saying this is all entirely on the county

[24:27] office? No. What am I saying? Is there a communication problem to follow up and

[24:32] be sure that these things are getting to the paper to the appropriate person at

[24:35] the paper who's supposed to be publishing these? Um, and like I said, I

[24:40] work through them two or three times a piece, and I'm I'm pretty confident in

[24:43] my numbers. Uh, I know they had some email issues in the beginning of the

[24:47] newspaper, but at some point, I would think it would make sense to ensure

[24:50] there's some sort of confirmation of proceed proceedings by email. Uh, also

[24:55] there should be some invoicing for these publications and I know they have they

[24:59] switched over an account and so that might not be current but along with the

[25:02] invoicing should be the affidavit of publication and that should all be filed

[25:06] in the county office because the county newspaper is supposed to be filed. So

[25:09] there has to be at least some way with the staffing of this office that people

[25:13] can make sure the dad gum minutes are posted in the dad gum paper and they are

[25:16] online or published in the paper and they are placed online. it it it

[25:20] shouldn't be. Some of these are showing up well after the next following board

[25:25] meeting. Uh and some accountability is what I'm asking for. Um I did notice in

[25:31] the emails that that I was forwarded to show the in communication. Uh one I

[25:36] believe is for the newspaper reporter and the other one is actually for the

[25:39] the editor and the person that handles sales. So, I'm not sure if there's a

[25:43] problem there, but I'm pointing it out so it's looked into so that the citizens

[25:47] don't have to keep coming and saying, "Where are the minutes?" And then

[25:49] everybody is mad. You know, the citizens aren't, you know, grumpy because the

[25:53] minutes aren't there. But this is real. There's like what was it? I said 13 out

[25:58] of 24 meetings and 25 were not published.

[26:03] That's that's not a good number. Um, also one suggestion, uh, I can find, uh,

[26:10] on on the the website I use a lot, uh, and I don't know if it's just a certain

[26:15] protocol that it's not done this way, but when I go to a special meeting, I

[26:18] can find the agenda, but I have to go back to the regular meeting that it was

[26:23] approved with to find the minutes. And so I guess I feel like if the agenda can

[26:27] be posted separately for every individual meeting, could the minutes

[26:30] for each special meeting be posted with that agenda line? Because if a person

[26:36] doesn't think to realize that they're all uh approved in a group, I found that

[26:43] in the beginning until I found out where they were, but you have to dig through

[26:46] regular meeting minutes to find special meeting minutes where you know, so they

[26:50] have an agenda line for that meeting. >> [clears throat]

[26:52] » the post the those minutes could be posted with their corresponding agenda.

[26:57] Um but that's just a suggestion for ease of of use of the person a person using

[27:02] the website. Um we still have a high you know our our

[27:08] county paper even and there are people that use it, people that don't, people

[27:10] that go online. Uh citizens are still looking for the publication of the

[27:14] minutes and I think it's a high priority to ensure that the county is providing

[27:17] access to them in a timely and consistent manner. I'm sure there's some

[27:21] kinks to work out with the newspaper staff, but until those kinks are figured

[27:24] out, the blame is falling on the county and the auditor's office. So maybe there

[27:27] could be some investigation of why the minutes aren't being published and I

[27:31] think that's warranted so that the problem can be resolved so that people

[27:33] can see the minutes wherever they might be. Um, also in regards to posting

[27:39] things, I know when I sat through meetings, I was heard time and again

[27:43] that the redistricting information was going to be held online on the website,

[27:48] but there's nothing on the website. You can find the redistricting minutes, but

[27:52] you know, I can as soon as the burn ban went into place, there's a hot button

[27:55] right there's a burn ban, but the redistricting information when people

[28:00] said they didn't see maps, they say go on the county website and you can't find

[28:03] it. And I know there was the process of it being filed, but yet we had people

[28:06] looking for candidacy. So that they wanted to know where the lines were. And

[28:11] I get that there's Facebook, but not everybody's on that either. And that's

[28:14] not the county's official website. So I guess if you have a website, can you

[28:18] make sure that something like that that was an important topic for the county be

[28:22] put there so that people can find the information instead of having to dig?

[28:27] » That's what I have for you.

[28:31] Thank you. >> Yep.

[28:35] Marsha, [clears throat] >> I just want to say thank you. I

[28:38] appreciate you bringing it up to me because when you did back in July, I did

[28:43] correct that immediately. So, I do appreciate it and anybody who reaches

[28:47] out for meeting minutes or anything that the board receives, I can send it to you

[28:52] immediately. Um, I will work out the kinks with the paper and I appreciate

[28:58] you bringing that up. So, thank you. >> Um, like I said, I I don't think it's

[29:01] all one side, but I there has to be a way to I

[29:06] I'm very particular in how I said things. So, it's if it's specifically I

[29:10] mean, I wrote the paper, right? So, I mean, it's here's my article. Here it

[29:14] is. And then when I didn't hear back, I would check back. But, you know, that's

[29:18] just articles, you know, stories about these are minutes. And it would think

[29:23] that there'd be some sort of receipt. But the the differences in the emails I

[29:26] think is a problem and who's receiving them. Um and yeah, if we're if we're

[29:31] collecting the county newspaper and finding them, [snorts] I think we'd be

[29:34] checking to see to make sure of the publication. So it's it's a it's a full

[29:38] package teamwork thing, but it all comes back here. So it needs to be fixed here

[29:45] and find out where the communication problem is. because I was very surprised

[29:50] last night as I scrolled through all those papers and I kept like I I can't

[29:57] believe I mean there was there was one month where it was or one year it was a

[30:01] 2024 I believe um

[30:08] like cut out it just it just gets [clears throat] missed right like there

[30:11] was 2025 it was all in May elder in May and June they weren't I I did not find

[30:17] them anywhere paper. March was missing, February was missing, but end of 2024

[30:21] was the [clears throat] the complete end of the year. I looked into January. I

[30:24] scoured all those papers and I ended up in 2025.

[30:28] [clears throat] Uh November two, two meetings, December, three meetings, and

[30:33] yeah, no publication in the Pioneer. And like I said, it's it can be a two-way

[30:39] thing, but if they're not being seen, somebody needs to question where the

[30:43] emails went. So, so thank you for your time. Nobody has questions. I'll let you

[30:47] get back to business. >> Thank you.

[30:51] » Thank you.

[30:56] » Good. >> Okay.

[30:59] » I'm going to just make a real quick comment. The the 24 and 25 issues and

[31:03] things. I can't explain that. Just as we've asked for

[31:10] understanding from the people, from the citizens, um, this summer was

[31:17] unprecedented. Um,

[31:21] I've talked with Marca a little bit about the minutes and things from June

[31:24] and July. There were lots of extra meetings between redistricting board,

[31:29] etc. Um, the the comments are well taken. things

[31:34] should get on track now that it's been brought to the attention. But with the

[31:38] the vouchers, the hundreds and hundreds of extra bills to process, everybody was

[31:43] stressed. It's not just in defense of the sheriff's office or EMS or DEES. The

[31:48] entire county was put to task and everyone,

[31:54] and I'm I'm new to this position. I'm I had very little to do with with any

[31:59] planning and prep prior, but um I guess just in defense of of what happened

[32:04] through May, June, and July with the election, the redistricting, the America

[32:08] 250, all the extra vouchers, you know, I I hope that we can all get on track as a

[32:12] county and that everybody can work together and and things will get back to

[32:16] normal soon. um because the divisiveness it's it's just not wellreceived and it

[32:23] doesn't make the county in my opinion look great. Um so with that uh

[32:29] everybody's on notice that we have to get back on track. So that that's the

[32:32] only thing I would say to that. But I I have spoken with Marcia about the the

[32:36] minutes and other things, but when you have dozens of extra meetings throughout

[32:40] the the very busy period of time, I think that's where some of the more

[32:43] recent things um got lost in the shuffle. But I I would be remiss if I

[32:49] didn't say that as well. Uh because we've asked again for consideration of

[32:54] of every other department, every other person, commissioner and things.

[32:59] Anyway, that that's all I have to say on that. So,

[33:04] » okay. [clears throat] Thank you. That more or less summed it up what I was

[33:08] going to say, too. It's just been a busy uh year. So, [clears throat] so we'll

[33:15] we're trying to move forward and and we'll um get get back going here. So,

[33:21] um with that, we'll move on to the unless someone else has something.

[33:27] Commissioners. Okay. We'll move on to the um department

[33:32] head reports and um I don't have any order. So who uh wants

[33:40] to start? Okay, Dale.

[33:50] » Good morning. >> Good morning.

[33:52] » Uh I don't have too much this month. Uh there will be a voucher in there from

[33:59] Bobcat for a little more this month. I'm going to trade in our room. I got a

[34:04] pretty good deal on it. I talk with Steve over it. So that'll be in there

[34:10] for $4,000.

[34:14] There's any questions on that? That's all I've got.

[34:20] » Thank you. [clears throat]

[34:34] Thank you. They told me I had to go first. So that

[34:39] the longwinded one would be done first. [clears throat] Morning, commissioners,

[34:44] chairman. Um part of you is our report for August. Again, we are seeing record

[34:48] call numbers. um can't say that it's directly tied to one

[34:53] or the other because it's all across the board of what we're seeing and so um I

[34:58] think it's just going to be a busy year the way it looks. So, um we did on board

[35:04] Holly Boltz yesterday. So, Holly Bolts is our new paramedic. So, after 3 months

[35:07] of having that open spot, it is filled and she on boarded well yesterday. Our

[35:12] EMT course is set to start the end of September. Currently, we have five

[35:15] students. Uh if Cody takes it, we'll have six.

[35:19] He's just sitting back in the back of the room. Uh the RHTP funding that I

[35:24] talked to you guys about last month, we did submit for two over $200,000 worth

[35:28] of RHTP funding. Uh update was that the state had approved it and it went to

[35:33] CMS's office in Washington DC. CMS will approve it and then we'll get notice of

[35:38] if they accept all of it or not. Uh we did request a new cotton load system, uh

[35:43] two power stair chairs, five video alerting scopes, and then 30 800 series

[35:47] radios to switch over to the siren system. So hopefully we see some of that

[35:51] money. Um some of it was a little bit outside the scope of what the the grant

[35:56] was entailed for, but the state encourages us to apply for nonetheless.

[36:01] And then the last is going to be the crew housing. Dean and I went to

[36:04] Madora's meeting on Tuesday night. Uh they did approve it. the permit

[36:09] contingent upon Jared and Sandy getting together and drafting a development

[36:13] agreement. And so just looking for the next steps that we want to take from the

[36:17] county level.

[36:23] Okay. So [clears throat] you have um

[36:30] we talked about it last month. We got some uh estimates or some costs of of

[36:36] this crew quarters out of uh Can we go over those again from um

[36:40] » Watford City? Y >> you guys have them in front of you or

[36:44] not? >> Yep.

[36:46] So, we're looking at a quote of 327399 and that's for the two buildings uh the

[36:53] transport the crane and then setting the buildings along with the um raised patio

[37:01] and the metal roof structure to go over top of it. So, what's not included in

[37:05] that quote is going to be the electrical, the concrete work to build

[37:09] the foundations, um any prep work, uh the sewer from the back of the fire and

[37:14] amless garage, water hookups and all that stuff is still going to have to be

[37:18] according to Jared bid out. So, according to Jared, we are good to go

[37:21] ahead and purchase these. Correct Jared as they are real estate transactions.

[37:27] That's already built real estate and not something that we would have to put out.

[37:32] But the rest should be put out prepared. >> So there is um

[37:38] there is no great uh guidance on point for the

[37:43] issue. Um, I did reach out to the Association of Counties director um

[37:51] posing the situation cuz at the last meeting or or one of the last uh it was

[37:56] the August meeting when this came up um there's going to be two sets of crew

[38:02] quarters. The cost exceeds the $250,000 threshold combined. However, it's not

[38:08] deemed a new construction where bids, labor, material bids for labor and

[38:13] materials, etc. are

[38:16] relevant. Um and so in proposing you know what my thoughts were to the

[38:24] president or director of the association of counties just asking for guidance

[38:28] direction statutory interpretation otherwise. Um,

[38:33] essentially the feedback was uh another case of first impression. Hasn't been

[38:40] hasn't been really uh discussed before, but um

[38:45] it it would be it would be a construction public improvement.

[38:48] However, it doesn't necessarily follow the strict uh definition of a new

[38:52] construction and it would be akin to buying used equipment under chapter 24.

[38:58] So because the the crew quarters exist, they are they are used. Um they already

[39:04] built uh there would be no purpose in bidding out

[39:08] something that's pre-existing building that can be purchased. So anything above

[39:12] and beyond that, you know, that meets the threshold for for bidding the

[39:17] projects if again if there's plumbing, concrete, other things that may need to

[39:21] be bid depending on how that shapes out. Uh I've not yet heard from the city

[39:26] attorney [clears throat] on a development agreement. Um but ultimately

[39:31] with all things considered because this is uh it's an existing opportunity that

[39:37] is going to not be available soon and the county would be looking at spending

[39:41] way more money to build something equivalent. Um everything points to

[39:46] being appropriate to purchase what exists uh without going through the bid

[39:50] process because there is nothing equivalent.

[39:54] So that that was the the due diligence and looking into it and it's kind of a

[39:58] blend of the 4802.1 [clears throat]

[40:02] along with some some common sense uh that it's a pre-existing building. So um

[40:07] again statute doesn't give me much direction and the Aaron burst um

[40:12] [clears throat] felt that it was appropriate to to do what the county

[40:15] intends to do at least not unlawful anyway.

[40:22] » Okay. [clears throat] So,

[40:27] I attended the the [clears throat] city meeting and and the uh excuse me, that

[40:33] they're they're on the uh oh, we [clears throat] have a little bit of

[40:37] issue with or the city has a little issue with sewer

[40:41] um lift station, I guess you'd call it, and

[40:45] and they seem to maybe got that remedied through their uh city uh [clears throat]

[40:51] engineer And so they made a motion if if we want to move forward, they made a

[40:58] motion to let us move forward. And so um with this uh the building and

[41:05] then uh that [clears throat] way we can get started sooner than later because of

[41:10] the purchase date. Uh you can explain that.

[41:14] » So um [clears throat] North Frontier Companies is looking for an answer of

[41:18] whether or not we're going to fund or not. there's other people who are

[41:21] interested in these buildings and so he he doesn't want to keep holding on that

[41:24] we're not too serious about >> I would just like to point out from

[41:29] hearsay of other people building or trying to do stuff in the door with the

[41:32] development agreement how long it's taken the process [clears throat] back

[41:36] and [snorts] forth yes I haven't seen firsthand just hearsay just so they

[41:40] don't make you oh you got to upgrade sewer now on your expense or something I

[41:46] that's the only thing I want to point out is how others have said I don't know

[41:51] firsthand

[41:54] » and that is there is something to that and so they discussed that the other

[41:59] night and so um [clears throat] we through the development agreement

[42:06] which uh their attorney was going to you guys have already discussed this once

[42:11] right >> well I met with uh the city attorney on

[42:17] last week Friday on other matters and then I brought this to her attention. Um

[42:24] I haven't heard from her since the meeting on Tuesday night about the de

[42:27] the development agreement. I understand that there uh the city engineer has been

[42:32] consulted. Um there's questions about who is responsible for the lift station,

[42:37] [clears throat] >> whether it's the foundation, whether

[42:40] it's the city, whether it's the county. um everybody's kind of been just

[42:46] waiting for working together and nobody's claimed responsibility for

[42:51] whose it is is my understanding. >> So the way it's sounded at that meeting

[42:54] and correct me if I'm wrong Dean but um TRMF offered to give the city the

[42:59] easement for the lift station and that was all supposed to be drafted and done.

[43:03] So the the TRMF is given access to all that.

[43:06] » Mhm.

[43:10] » But to Steve's point, yeah, a development agreement has implications.

[43:14] Um obviously we have to make sure that it's completely fair and right by the

[43:19] county. But uh because EMS provides services to the city, the city

[43:25] should in all respects cooperate. It sounds like they are. Um, and we'll get

[43:30] as soon as I'm presented with a a version of the development agreement.

[43:34] Uh, I would say somewhat similar to uh, you know, the development agreement for

[43:39] the the library and other things, but we'll need to go through there to make

[43:43] sure that any foreseeable issues are addressed before it's signed and then we

[43:47] aren't spending a long period of time waiting. But I I think uh it is

[43:52] important to at least speak for those buildings uh because again they they

[43:56] will be gone sooner rather than later. At the August meeting when we spoke

[44:00] after the meeting concluded Kyle Michaels and I made a phone call to him.

[44:04] He said he would hold them through the end of the month you know without

[44:07] offering them to anybody else. So it is a

[44:10] extinguishing or or uh the time is short is what I'm trying to

[44:15] say. So that that's the important part is to to speak for them and say that the

[44:20] county would would proceed and whether they get moved right now is

[44:24] a different issue. It's just so that they aren't lost. Right.

[44:31] [clears throat] Talking with the city council, uh they asked when we would

[44:35] like to see occupational date by and when I said April 1st, they didn't see

[44:39] any issues with occupational date by April 1st.

[44:53] We did ask Sandra Counz, the state attorney or their city attorney, um

[45:00] about the development agreement. It's going to be coming this week, uh next

[45:04] week, whatever, right away. And didn't figure it [clears throat] would take

[45:08] much to get it signed, get it. So, I'm I'm half thinking that we might have to

[45:15] agree to something today that we're going to move forward or not move

[45:18] forward and then we're going to have to maybe have a special meeting once we see

[45:24] the development agreement what it's going to cost so that we can't make a

[45:29] motion on because we don't know what the cost is. Could you do a a motion

[45:36] contingent upon a proper development agreement being provided or

[45:41] » Sure. I I think a a motion basically reflecting intent

[45:46] to proceed I I think is fine. We don't have the final numbers in place and the

[45:50] development agreement would just be the cooperation between the the two entities

[45:54] or three depending on how the foundation if they're going to be included in it or

[45:58] not. Um but the the commission on the whole if

[46:03] they want to move forward I think um voting with the intent of proceeding

[46:11] um should be fine. The the funds do seem to be available. you know there was

[46:18] additional earmarked funds um in each of the budgets for you know dees and EMS um

[46:25] and whether some additional has to come out of the general fund and and there'd

[46:28] be some budget u amendments that's to be determined.

[46:38] [clears throat] Okay. So um just to get with the budget

[46:42] part, you have enough uh money to in your budget for this year to

[46:49] » So what I have in my budget if if our budget continues to go as expected, I

[46:54] have 150,000 from the A250 since all that came out of the emergency fund. And

[46:58] we're probably looking at I'm returning about 200,000ish.

[47:03] Um, if we don't if we get this grand, we don't have to purchase the C and all

[47:07] that other stuff out of this year's budget, we should have about 200,000.

[47:11] So, that's about 350,000 that we should still have left in EMS's

[47:15] budget. Okay.

[47:25] Then would we uh if we move forward uh have to budget in

[47:32] the 27 budget for the remainder the the parts that we might have to bid out. Is

[47:38] that what we're saying? Or is there more money available?

[47:44] Well, I think it would depend on how fast they moved, but I also have the

[47:46] 8250 funds in there that that's at your discretion. You saved here for the

[47:53] sheriff's office. >> But if it's within 2027, you would just

[47:58] have to have that as an amendment to the budget.

[48:00] » Okay? And we can still do that this month.

[48:05] » You could do it in the October meeting because it's not going to affect the no

[48:09] levy requirement. Um, we just probably want it to be included in the final

[48:14] budget just so that people are aware of where it's going. [clears throat]

[48:18] » And if we can get moving and get concrete and implant and all that done

[48:21] yet this year, we have a good old winter, we should we should be able to

[48:26] get it together. Just depends on what mother nature

[48:30] decides to throw this [clears throat]

[48:33] get more expensive next year.

[48:39] Well, it's like I said last meeting, I'm on board. I've seen these personally. I

[48:43] think I think we're fools if we don't because we're going to need them

[48:48] visiting with Kyle in a year or two and then it's going to cost us a lot of

[48:52] money to hire a contractor to come in and build something. I'm going to say

[48:56] probably fancier than these cuz that's how it's going to be done. But these are

[49:00] really nice units and I think they're really cheap. So, if everything else

[49:04] worked on the part of moving them down here, I think we're would be wise to buy

[49:09] these two and we would have our housing.

[49:16] [clears throat] Uh, Jim, is the intent to buy them all redone or

[49:22] » I I don't have my stuff. I forgot it. >> Yeah. Well,

[49:24] » the quote is to have them redone. >> Yes.

[49:28] » Okay. >> And move, too.

[49:31] » They're moving. moving was on on us on the county. There is a quote for um a

[49:37] moving truck inside of that >> that we hired who his contractors um but

[49:42] talking with Jim heard that from the west that his guys could hook them up

[49:48] and pull them down because he has the trailer to do it.

[49:50] » Yeah.

[49:54] » Uh it's 2500 per building.

[50:00] that's on that on this boat.

[50:08] » I just think for the price and what you're getting, it's it is rather

[50:12] reasonable. It is. They're nice units. >> Just a note to make sure that if you do

[50:18] move forward with this to make sure the liability insurance is covered for those

[50:22] buildings when they move them down. Otherwise, it'd be under the contractor

[50:27] that moved them. But yeah, do you have cargo insurance?

[50:31] [laughter]

[50:42] Okay. Well, is there any more questions on this or any more concerns? Um,

[50:52] do we uh I guess it boils down to do we want to move forward or don't we?

[50:58] I I'm fine with this this deal. Um I think it's going to be needed in the

[51:03] future. Um the city after Kyle explained everything

[51:10] and and and we take care of the city. Our ambulance takes care of the city and

[51:15] they pay us to to I don't know how much it is but uh over

[51:22] 200,000. >> Yeah. A year.

[51:25] And so we just need to keep it up and and the fire department's going to I

[51:30] think eventually need a room or two. And so

[51:35] um that's my opinion, Steve.

[51:39] » Yeah, I'm fine. I'd move to approve the purchase of the

[51:43] two modular units for what's the number? >> So it's a quote. Uh so there's still

[51:49] some stuff. Do you want to do a final walk through next week? Would be welcome

[51:53] and do a final walk through. No. Yes. Okay. Um with with the two units, one of

[52:00] the middle bedrooms is getting converted to a laundry room and on the other

[52:03] unit's getting converted into the office space. And so he had concerns that he

[52:07] didn't put the correct stuff into this quote. He wanted us to come back up and

[52:10] make sure that where we wanted the stuff was correct with his quote. So the quote

[52:15] right now is for 32739. >> What was it? 327 399.

[52:23] » And what was the company's name? >> Next Frontier Company.

[52:32] » And it'd be nice to have them do it because he has a contractor there

[52:36] working on his where if we bring them down here and do it, we would have to

[52:39] sign a contractor if you find one. And I don't know about

[52:43] the price. he's given according to us a break because his contractor is right

[52:48] there stays there. So that's how we started talking about having them just

[52:53] remodel what we needed what they needed up there on these buildings. That way

[52:57] it's just comes down and sits and you won't have to f you know except for the

[53:02] cement we have to do down here you know but the buildings will be done

[53:06] » the [clears throat] building and the awning over.

[53:11] » Okay. Well, [clears throat] we have we have a motion on the table and then we

[53:15] can do more discussion. Is there a second to this motion

[53:20] to purchase the two mod? >> Okay.

[53:24] » So, was that price going to change? >> Possibly depending on if he has to move

[53:29] » increase or decrease you >> probably increase if he has to move

[53:32] electric. >> Did he give you a rough estimate?

[53:36] Tell >> he's got to do it. That's what the deal

[53:38] is. That's what we approved. Cuz

[53:43] if they made a motion with up to >> washer and dryer, he's looking at 3,300

[53:50] » 3330.

[53:55] » So if you made the motion of 328 or no, what' you say? How many?

[54:01] » So it's 327 399 without So he included this other thing. He came the other one

[54:08] for the electrical work. So electrical work is not included in this which

[54:12] doesn't mean we have to have it done up there for electrical. We can use our

[54:15] local electrical company too to do it down there

[54:17] » and then that'll have to be bid out anyway. [clears throat]

[54:20] » That can be in on the bid on the other stuff. Yeah.

[54:24] » So like Steve said, maybe he'll do it all for that price. If not, then maybe

[54:28] we'll have to do it down here.

[54:32] [clears throat]

[54:36] » What? How can we say no [clears throat] to you? Right.

[54:40] » [snorts]

[54:44] » Well, would it make more sense to, and I don't want to interfere because there's

[54:48] a motion on the table, but for discussion purposes, to table the issue

[54:53] of of the price until we have a development agreement and call a special

[54:56] meeting to go over all of it at once or so that Kyle can confirm that that the

[55:04] county is moving forward, we should get something in place or

[55:08] um increase the amount just to say, you

[55:13] know, x amount not to exceed whatever. But it's it's tough to

[55:17] estimate unless we know, >> right? Unless we know. [clears throat]

[55:21] » Yeah. But I don't I guess I like to keep mine set like that because I don't want

[55:25] to leave an open book and then he says, "Oh, you guys have up to 350,000." Well,

[55:29] hey, another 10,000. So, we have a little bit of

[55:35] way to go.

[55:39] Okay. So, it's still,

[55:44] » huh? >> Yeah, it's still Do you want to change

[55:46] your motion or you want to leave it? I like to leave it.

[55:52] Okay, >> I agree. I think you should leave it and

[55:56] [clears throat] see if they'll do it for that and not We'll worry about it down

[55:59] here. >> Yeah,

[56:01] » we'll see how big you are. Well, I think you're shopping for

[56:07] » I I agree with >> Okay. That way we have something set.

[56:12] [clears throat and cough] >> So,

[56:13] » we have purchased the buildings and all that. So, it's just a matter of

[56:17] » and we're moving forward, too. >> So, we have a motion. Is there a second

[56:22] to the motion and the way it is? >> I'll second.

[56:25] » We have a second. >> Now, do we have any more discussion?

[56:34] Okay. All those in favor say I. >> I. I. All those opposed say I.

[56:41] Motion carries. >> I have nothing else. Unless you guys

[56:46] have any questions, concerns. >> Thank you then.

[56:52] » Yep. Do you want to request that you can get the case for

[56:58] » you want or you want to wait till development agreement

[57:06] » at least get your bids. You don't have to accept it.

[57:10] » They can approve that next meeting. Well, [clears throat]

[57:18] I guess um >> are we questioning are we throwing in

[57:22] the same [clears throat] when they come out? We'll have to figure that out cuz

[57:26] that's just >> Yeah.

[57:33] So, who's going to draw up the plan that's going to be bid out? So he has

[57:40] the the foundations already drawn out to fix

[57:44] » and so we just need to get that from him and then we can put it in the bid packet

[57:49] and send it out. >> Is that good? Will that work?

[57:54] » Yeah, we have a just a generic bid process through the county. But if they

[58:00] just put in the specs that they need for it, um it can be published for 3 weeks.

[58:06] » Okay. is that

[58:09] » the only other addition which I'm not familiar with. I'm going to throw it out

[58:13] and see who knows more. But the only other suggestion from the association of

[58:17] counties was in bidding the rest of the work to be done. There may need to be

[58:21] some architectural sign off, you know, for approvals and this and that. We may

[58:26] need to add that to the RFP as well for for an architect to say that

[58:31] everything's up to code and spec. And if they wanted to work with an engineer to

[58:35] do that to get the big package together and make sure that they have the right

[58:41] language that would

[58:46] » I think just giving them the direction to work with an architect to

[58:50] » like it's going to be expensive to bring the architect in

[58:54] » engineer. Yeah. But they I think it sounded like they

[58:59] wanted that through the development agreement as well to have an ar engineer

[59:04] sign off on the design. >> That could be I I wasn't at the meeting

[59:11] with the city so I'm not sure what was said and Sandy has not reached out to me

[59:14] quite yet. So >> well we also have like our county code

[59:20] inspector that could do those requirements.

[59:25] » Yeah, [clears throat]

[59:28] we approved them last month for another year. Yeah. Okay.

[59:34] But do you [clears throat] want to see what's in the development agreement in

[59:37] case there's other little things that need to be added? Then you put it all at

[59:40] once. >> You can get that all ready and start it.

[59:44] But I don't know if you want to admit it. Oh yeah, Casey. You got to there's

[59:47] something that development agreement that we do end up having to do. Then we

[59:50] have to change it. Yep. >> I think we're going to have to have a

[59:54] special meeting after the uh development agreement is looked over and decided

[1:00:00] upon. Okay. >> I think he can get it all ready to go

[1:00:03] his end, right? >> Yeah.

[1:00:05] » Just might need to add to it. >> And we're going to be 2 3 months behind

[1:00:11] now.

[1:00:14] » Did you want to say no? Well, the only thing I would say is having dealt with

[1:00:20] the city on development agreements and uh with the library,

[1:00:25] uh if the city attorney is going to uh put in the same kinds of clauses,

[1:00:34] uh I would suspect that on their side they're going to be asking

[1:00:40] the county to assume a lot more responsibility and liability than one

[1:00:45] would expect for a project like this. [snorts]

[1:00:50] I would uh Mr. Chairman, uh just encourage your states attorney

[1:00:57] to get a hold of the proposed development agreement

[1:01:01] and you can take a look [clears throat] at uh the existing development

[1:01:06] agreements and all of the indemnification requirements [snorts]

[1:01:10] and bonding and everything else and you'll get a pretty good idea what

[1:01:14] you're going to be dealing with. No, and I have reviewed the development

[1:01:18] agreement prior um and at least for the library's purposes

[1:01:24] and uh that's that's a long story not for this

[1:01:29] discussion, but the point is well taken that yes, we'll need to make sure that

[1:01:33] that everything is fair and that there's no undue uh liability or indemnification

[1:01:39] on the county um if the city is going to partner with us to get this done.

[1:01:45] and and at the meeting they they'll acknowledge that yeah we need the abence

[1:01:49] service we're going to help move forward. So I'm hoping that it's a

[1:01:54] little bit better than before. [clears throat]

[1:01:57] So okay. So then I think we'll just leave that alone then for now until we

[1:02:02] get that development agreement. We >> got it worked out and ready to go and

[1:02:05] we'll have it for that next meeting. >> All right.

[1:02:07] » Thank you. >> Thank you.

[1:02:12] Uh who wants to go next? Uh, sorry. >> A dean, are you okay?

[1:02:20] » We had somebody else on the agenda, right?

[1:02:23] » Oh, we do at a certain time here. >> Yeah. 9:45.

[1:02:27] » Oh, okay. >> Went a little longer than

[1:02:30] » So, is Ian here for the uh Dickson Public Library?

[1:02:33] » I surely am. >> Okay. Sorry about that.

[1:02:36] » Oh, not a problem. I know this deal [clears throat] with big stuff and I

[1:02:39] know you have no shortage of paperwork, but I have a little more for you.

[1:02:42] » Okay. Thank you.

[1:02:46] » Sorry [clears throat] I didn't see your >> Oh, not a problem at all.

[1:02:50] Well, >> good morning, commissioners. Thank you

[1:02:52] for having me. I won't take up too much of your time. I know you're busy. Every

[1:02:56] year I do an annual report for the various commissions that work in

[1:03:00] partnership with the Dickinson Area Public Library. And so, this is the one

[1:03:03] here focused on Billings County. We actually had a pretty good year in 2025.

[1:03:08] Um, Billings County continues to overachieve as far as library metrics

[1:03:13] go. You guys make us look really good when we provide this report to the

[1:03:16] state. So, thank you, Billings County residents. Um, we we saw 12% increase in

[1:03:21] library card holders here for Billings County residents. So, we're we're up to

[1:03:25] 341 active library card users. That number is a little higher, but we're

[1:03:29] only tracking the ones that have been used in the year of the report. So,

[1:03:34] 2025. Um, the bookmobile traveled 14,000 miles

[1:03:38] this last year and 5,320 of them were here in Billings County.

[1:03:45] One of the impressive stats I've got here for you is 58% of the items that

[1:03:50] circulated off the bookmobile. That was about just shy of 3,000 items. 58% of

[1:03:57] those circulated right here in Billings counties. Our Billings County residents

[1:04:02] seem to be making really active use of that bookmobile and the books we've got

[1:04:05] there at both Fairfield and the school here. So

[1:04:08] really exceptional numbers. Similarly, digital circulation here for

[1:04:13] our Billings County residents is exceptionally high. 62% of our

[1:04:18] registered Billings County users utilize services like coupon living. Uh it's

[1:04:22] ebooks, audio books, movies, comics, uh things provided to Billings, county

[1:04:27] residents at no charge that come with that library card.

[1:04:32] You guys are big consumers of that that media and those books. Um many of these

[1:04:36] cards are for children and so we've got a highly literate population here. So

[1:04:42] big readers, folks actively pursuing that continuing education seemingly

[1:04:45] outside of school. So it's really exciting to see. I wish my numbers down

[1:04:49] in Splat County looked quite so good. So, and I know I'm going kind of fast,

[1:04:54] but are there any questions on any of the information I provided there for

[1:04:56] you? Um, there is a broader report there, too, if there is interest in more

[1:05:00] information, but I did try to confine this to Billings County in the interest

[1:05:04] of time. Um, it's a big 20page report we provide to the state every uh every

[1:05:08] year, and I figured you probably didn't want to go through every one of those

[1:05:12] today. >> It is kind of interesting statistics you

[1:05:16] provide there. >> Yeah, like I said, you guys are very

[1:05:19] impressive every year. Um, it's really awesome to see how much engagement we're

[1:05:24] getting from the folks who are out here utilizing the bookmobile. Um, it it our

[1:05:29] our bookmobile librarian, Becky, was really excited when I put this together

[1:05:33] and showed it to her before I came out to talk to you guys. And I guess a

[1:05:37] little bit of broader information for you um, as far as library governance

[1:05:42] right now. Um, we when I returned in 2024 to the Dickinson Area Public

[1:05:47] Library, we did some outreach. We tried to get a member of each of the counties

[1:05:51] onto our library boards. You guys have a a louder voice. We just hadn't had one

[1:05:57] for a long time. And presently the the president of the Dickson area public

[1:06:00] libraries library board is our Billings County representative.

[1:06:04] She has been awesome. So, thank you guys so much for foring us with

[1:06:09] such a strong champion for the library. Yeah, that's really what I have for you.

[1:06:15] If there are any questions, I'd be happy to feel them. Like I said, I know it's

[1:06:19] fast pace, but I don't want to hold you up another other way.

[1:06:23] » Well, thank you for that report. And uh um I know we see the the the truck here.

[1:06:29] I think it's the truck the bookmobile. >> And it's once a week to both schools. Is

[1:06:35] that how it is? >> That's correct.

[1:06:37] » That's right. Okay. >> Well, I know it's been there for a long

[1:06:40] time. So, our kids used it back, you know. [clears throat]

[1:06:46] » Yeah. We've got a we've got a stack of library cards that we keep on hand for

[1:06:50] everybody. [snorts] Becky knows all those kids by name. It's pretty

[1:06:52] impressive if you come in and see her at work with them. It's it's kind of hard

[1:06:56] work, honestly. It's it's great to see. >> All right. Well, thank you then.

[1:07:00] » Thanks for coming. >> Thank you for your time, guys. I

[1:07:02] appreciate it.

[1:07:06] [clears throat]

[1:07:09] » So, yeah. Go ahead, Neon. Okay.

[1:07:15] Morning commission

[1:07:23] numbers.

[1:07:32] So from August of 2025, we're at 144 calls for the month. August of 2026,

[1:07:40] we're at 172 calls. So, we're up 28 calls from last August, just like EMS. I

[1:07:47] mean, we're seeing a a big increase just from call volume. And uh I was just

[1:07:53] talking to Chris Blackwell here the other night and he said they are at

[1:07:57] 100,000 visitors now at the library since it opened in July. So, that's kind

[1:08:02] of crazy. I don't think I certainly didn't expect that, but uh um that was

[1:08:08] kind of impressive to hear, I guess. I don't know if anybody has any questions

[1:08:12] on our report there.

[1:08:22] » I just had a couple of other things. >> Okay, go ahead.

[1:08:26] » Um, we should have all of our vouchers in for the A250 event now. And I think

[1:08:31] we mentioned it earlier, but we'll be meeting with the Northakota Department

[1:08:34] of Emergency Services on September the 14th to discuss reimbursement.

[1:08:40] Um, so yeah, nice to have [clears throat] one of the commissioners

[1:08:43] or whoever um attend. I know Dean, you've done a lot of that before or

[1:08:49] Jim's my portfolio holder or whatever, but be nice to have, you know, one of

[1:08:53] the commissioners attend that. Um the sheriff's office responded to a couple

[1:08:58] of calls involving uh salesmen going door todoor after dark and uh sounded

[1:09:04] pretty suspicious. We investigated that, found out that it was related to an

[1:09:09] aerial photography company basically and uh he was out knocking on doors uh you

[1:09:16] know 9:15 9:30 at night and kind of startled some people which I could see

[1:09:21] why. Um, but I reached out to the company and talked to them and just

[1:09:25] suggested that they uh they make their contacts during daylight hours. Um,

[1:09:30] anyway, it sounds like they're going to do that. This is kind of the time of the

[1:09:33] year. I guess I'll do that. But they take pictures of homestead or farmsteads

[1:09:37] basically and then try and distribute, you know, and sell basically the

[1:09:41] photographs. But, uh, it was funny. You could just tell there was a big uptick

[1:09:46] cuz, uh, they were out and about pretty pretty strong there for a while.

[1:09:51] Um, the only other comments I guess I would like to make uh in regards to

[1:09:58] whether you call it a bonus or exemplary service or special act award or

[1:10:04] whatever. Um, I too was a part of the 1988 wildfire effort and dealt with a

[1:10:12] lot of these wildfires as a federal wildfire uh firefighter.

[1:10:16] I mean, there's nights that we didn't get to go home. when we had to stay on

[1:10:19] CS in the community center. But what I would say is that that event is

[1:10:24] relatively short-lived compared to what this event was. The size, the scope,

[1:10:30] it's different. Um, from the planning efforts that went in from a year and a

[1:10:34] half ago to where we're at. Um, there was a lot of work and I'm not the only

[1:10:40] one that did it. I mean, it was a team effort. I mean, everybody put a lot of

[1:10:44] time in. my staff, uh, Kyle Shockley, Kyle Michaels, I mean, everybody stepped

[1:10:49] up. City Fire Department, I don't think people realize the amount of work and

[1:10:54] effort that goes into an event like that. and to basically be a part of a

[1:11:00] situation where there's been [clears throat] threats on the

[1:11:03] president's life and to know that basically throughout the event I'm not

[1:11:07] going to take any credit for that that we didn't have any of those issues or

[1:11:11] whatever uh that crept up because I can tell you I have a lot of sleepless

[1:11:15] nights that came about it small community I think that's why the secret

[1:11:19] service the FBI all the partners took it seriously and yeah it did cost a lot of

[1:11:25] money and it was a lot of effort But there was a lot of time and effort

[1:11:28] that went into it. And going back to the wildfires in 88. I mean, there was the

[1:11:35] sheriff was uh given an award back then. So, I guess my point now is what's the

[1:11:40] difference now? I mean, why is it any different than what uh has been done in

[1:11:45] the past? And uh you know, yeah, I take full responsibility as a sheriff, but I

[1:11:52] can tell you there's a lot of extra work that went in. I didn't ask for this

[1:11:56] event to basically happen, but you think about it, it's a once in a-lifetime

[1:12:00] event that took place 250 years. And uh that was pretty impressive. That'll

[1:12:06] probably go out as the pinnacle of my career. Actually, thinking about that

[1:12:10] and thinking about all [clears throat] the people that we came in contact with

[1:12:14] in the end, people were safe. We had a lot of heat related, you know,

[1:12:18] emergencies or whatever that happened. But uh you know we got a lot of

[1:12:22] accolades from the Secret Service, the FBI, BCI, I mean everybody that was

[1:12:28] involved to come into a small community where the president actually spent the

[1:12:33] entire day and it was planes, trains, and automobiles from the time that they

[1:12:38] put down up at Painted Canyon, then taking the motorcade into Midora, seeing

[1:12:43] all the moving parts and yeah, you know, it to the end uh I think it was very

[1:12:49] successful and uh because if it didn't go successful we would have heard about

[1:12:54] it and uh you know the buck would have stopped right on my desk and that's fine

[1:13:00] I'll take the responsibility but um and I also appreciate the fact that uh we

[1:13:06] did have uh commissioners that were engaged and wanted to be part of that or

[1:13:11] whatever and there were no public discussions there were no county

[1:13:14] business or whatever that took place as far as minutes being need to be kept

[1:13:19] kept or whatever. They were just there showing support, part of my portfolio

[1:13:24] holder. I mean, they saw the early morning, the late nights, uh sometimes

[1:13:29] getting called out in the middle of the night. Uh it was a lot. And and people

[1:13:33] that are not part of it, they don't understand. And uh and I wish you know

[1:13:39] and I've heard throughout the community that you know there's people that are

[1:13:44] going out talking to people that you know this all goes into Dean's

[1:13:47] retirement. It didn't go into my retirement. I mean it was basically a

[1:13:52] onetime payment. I can show you my leave and earnings statement if anybody would

[1:13:55] like to see it. It took up a lot of taxes but that's but it's not about the

[1:13:59] money. It's about the recognition. And I want to say thank you to all of you guys

[1:14:05] basically for the recognition of allowing uh you know an event like that

[1:14:11] to uh to support it to be part of it and because we couldn't have done it without

[1:14:16] everybody. I mean that's from the road crew to everybody involved even Katie

[1:14:21] was involved with the wheat crew and some of the stuff that she had to do

[1:14:24] with some of the early on with the glamping. So definitely a team effort

[1:14:30] and uh I'm proud of how it took place. So and I'll defend it to the end. And uh

[1:14:37] I also want to say I just want to make one thing straight for the public

[1:14:40] record. Pat Ruml's taken a lot of heat for stuff that's he had nothing to do

[1:14:45] with. So from the food contract, I signed it as a sheriff. I take full

[1:14:49] responsibility for that. everything was done in the light and I would be happy I

[1:14:54] would have been happy to answer any questions that came in directly and we

[1:14:58] could have avoided all the garbage that happened in the the newspaper and

[1:15:02] everything else cuz you know you only see one side of the story and you don't

[1:15:06] know all the facts but Pat had nothing to do with that uh I uh you know I just

[1:15:14] want to leave it there but uh I appreciate everybody thank you

[1:15:18] » thank you for [clears throat] everythinging

[1:15:21] Thank you. >> And I I would make one addition, you

[1:15:26] know, this this event was not over on July 5th.

[1:15:31] Um the the multiple agencies and crews for the county that that cleaned up the

[1:15:36] school, cleaned up the grounds, did everything else. [laughter] I can't

[1:15:39] speak to certain aspects of it, but the county is not still not done. We're

[1:15:44] sitting here in September now. There are still

[1:15:49] things being followed up on through the federal government that involved the

[1:15:53] sheriff's department. There's still things that took place during that week

[1:15:57] that are still being dealt with and addressed. So, it's not just July 5th

[1:16:01] got here, Monday we went back to normal. Um, the sheriff's department's been

[1:16:05] involved with the federal government and and agencies dealing with things because

[1:16:09] of what took place in those 7 to 10 days around here. it it I you know can't say

[1:16:14] any more than that about it but it's not that it was just over and done and and

[1:16:17] we all went back to it. There's there's the reimbursement, there's more

[1:16:20] meetings, there's um [clears throat] there's getting all the the vouchers

[1:16:25] submitted. So, and and I know very little about the the hours follow up,

[1:16:31] but I I know that it took, you know, quite an effort to to clean up cuz that

[1:16:35] the the command center that the school uh

[1:16:40] allowed for was was quite impressive. Um but that took a lot of time to to get

[1:16:46] back to normal, to get it in shape, for for school to begin. So, um but that's

[1:16:50] just the followup since you know in the last throughout the rest of July and all

[1:16:54] the month between us.

[1:17:00] Okay. [clears throat] Yeah, I I'd like to add a couple things.

[1:17:04] Um the uh that event was very well uh [clears throat]

[1:17:10] I guess you'd call it planned and planned in advance. There was a lot of

[1:17:14] planning going on to to make this event safe and uh a successful event and and

[1:17:23] getting to where uh uh commissioners were at this. I was asked by my

[1:17:29] portfolio holder Kyle to be there. I was also on the fire department doing fire

[1:17:34] department things and >> [clears throat]

[1:17:36] » uh part of that crew. So, you know, I was uh

[1:17:42] I wasn't there in a commissioner uh um part of it and there was no meetings,

[1:17:49] there was no anything. We we attended as much as we could, helped when needed. Um

[1:17:54] that's just part of the deal. Um there was there I don't see anything

[1:18:00] wrong with what how [snorts] that shook out. So, um, we had a very successful

[1:18:06] deal and we're going to try to finish up here in September, I hope. And

[1:18:10] hopefully, uh, we get some, uh, the governor sees everything we've done,

[1:18:15] which he has, and we're going to go out and meet with him on, uh, I think it's

[1:18:19] September 14th, so try and get this kind of all done and cleared out.

[1:18:27] All right. Anything else? All right. So, do we want to move to

[1:18:33] Stacy or another department? Stacy, are you ready?

[1:18:38] » What?

[1:18:43] » I mean, there isn't anybody here. >> No, there you're the Misty Hayes, which

[1:18:49] she isn't here yet, but

[1:18:53] » Okay. You want to do it now? Yeah, sure. >> Huh?

[1:18:57] » I didn't expect that. >> What's that? said she's going to be done

[1:19:01] in 10 minutes. >> Oh, well, we'll time you. We'll time

[1:19:05] you. >> We're going to time you

[1:19:10] » actually

[1:19:30] Okay. So, this is the report from August 20th. We have three um applications on

[1:19:36] the agenda. Application for a major subdivision, a preliminary plot for

[1:19:42] Little Missouri second subdivision. There's a um timber frame signs that

[1:19:46] would need a variance, and then John Shrock has an application for a

[1:19:51] temporary um condition use for RB. And so the Madora Foundation, they're

[1:19:58] working on a subdivision west of town. We've been reviewing this for um a few

[1:20:03] months now. There's seven lots total. This is still preliminary. So I'm just

[1:20:08] going to just introduce you to the project because the final plat would be

[1:20:12] on the agenda for September and then you guys would review and approve the final

[1:20:17] plat. But for the most part, they're splitting

[1:20:20] up the existing uses at the campground. And then the fire haul is on its own

[1:20:26] parcel. The city pool is on its own parcel. And then there's three four

[1:20:32] three other parcels. And one is for the um rodeo arena and then two lots would

[1:20:40] be available for development, but there's no plans right now. And so the

[1:20:45] zoning board approved the preliminary plat as continue as presented and then

[1:20:50] they'll continue on with the final plat that cleans up all of the plants

[1:20:55] documentation. And then so the Madora Foundation down by the

[1:21:01] golf course application 2026-34 would need a motion and approval for

[1:21:07] today. Um they're planning to put the I know like ranch entrance signs like

[1:21:13] heavy timber frame entrance signs over the the ranch at bully pulpit um

[1:21:18] [snorts] event barn that one was basically approved as presented because

[1:21:23] it's not within our county rightaway but where bully pulpit is we have a

[1:21:30] 120 foot rightway on either side of Bible camp road and where they want to

[1:21:34] put the timber frame sign is within to county's right away. And so it's about

[1:21:40] 30 feet or so into the rideway. It's

[1:21:48] approximately or 77 ft or so from the center of road.

[1:22:00] So this is what the entrance signs look like. you know, they're just heavy

[1:22:04] timber frame at the top and then post at the bottom and then um variance has been

[1:22:11] requested for something.

[1:22:15] » How come they don't just go further onto theirs then? Uh they looked at it and

[1:22:20] like where >> it's pretty hard because uh they showed

[1:22:26] us and I drove down there too cuz you're going to get uphill a little bit more

[1:22:30] and then where the road that goes to the >> uh to the side parking you know

[1:22:36] » they'll be in that road already. They'd have to move that road too. So, do you

[1:22:41] know where I meet going east? They have a little extra parking.

[1:22:46] » This slide shows like where it would [cough] be like it's about 120 ft or so

[1:22:51] from the middle of Bible camp road. And then um there's that rough

[1:22:55] » it would be right before the main parking area of parking lot. And so they

[1:22:59] want to put the post like basically in the ditch. And you know our normal

[1:23:05] rideway for for roads is 75 ft on either side. And then so [clears throat]

[1:23:09] because of the train around here, we got 120 ft for this project, but this is

[1:23:15] kind of a flatter area, too. It's not part of the the hills, but they just did

[1:23:19] 120 ft through the whole sweep. >> So, question for Jared. What happens

[1:23:24] someone hits that steel that wood sign versus a breakaway stop sign far as

[1:23:30] liability? >> That came up in planning and zoning.

[1:23:34] Okay. Um, >> we can only be so big. Well,

[1:23:38] » it can only be so big. I mean, that's for the rightway. So,

[1:23:42] » yeah, the the likelihood and and there is indemnification

[1:23:46] language in there. >> Okay.

[1:23:48] » And Stacy's got a copy. She'll give me that. But, um, they assume full

[1:23:52] responsibility. The problem with a breakaway sign is is that type of a

[1:23:57] structure. You hit that and then >> Well, I get that. I just didn't know

[1:24:01] liability wise. Yeah. I It can't be that.

[1:24:03] » They have the indemnification language. They take responsibility for All right,

[1:24:07] that clarifies. >> So like our ERW applications for

[1:24:10] construction at the rightway, it has all that language in it and but it

[1:24:14] references approaches and so it's basically like um the condition is to

[1:24:19] approve with the condition that um that the application to construct within the

[1:24:24] rightway. Whenever the word approach is used, we would just replace it with the

[1:24:28] sign. And they they realize that cuz our application is more geared for like the

[1:24:33] coaches, but we have other construction within the rightway too. And so I

[1:24:37] highlighted the areas and orange on the application that cover [clears throat]

[1:24:43] the construction here and you know

[1:24:56] that answer your question. >> Yeah. Okay.

[1:25:02] Okay. Is there anything else or >> No, not with this application. It would

[1:25:07] just be approved with the the condition >> with the condition.

[1:25:09] » Yeah. Cuz the the application on there has several conditions. So, we don't

[1:25:14] need to list everything, but it's just a matter of

[1:25:19] » Well, does everyone >> referencing the

[1:25:22] » understand everything? Then you're good. Uh you're good. Someone want to make a

[1:25:27] motion to accept this uh um permit?

[1:25:32] I don't see the number again now. >> I put it up on the screen.

[1:25:35] » Okay, >> I'll make that motion.

[1:25:36] » Oh, yeah. There we go. >> I'll second it.

[1:25:38] » Have a motion in a second. Is there any more discussion on it?

[1:25:43] » All those in favor say I. >> I.

[1:25:45] » I. Motion carries. >> Okay.

[1:25:54] » Oh, yeah.

[1:26:19] Okay. Other application on the agenda, Esador, John, and Irene Shrock. They

[1:26:25] purchased um three lots in Frank's Creek subdivision on the south end of that

[1:26:31] subdivision and they have an application to build a shop with living quarters and

[1:26:36] then during the construction of the home, they requested to live in their RV

[1:26:40] until um they're able to live in the house. And so this is a conditional use

[1:26:46] application. Um, oh, we have it in our ordinance that,

[1:26:51] you know, you can live in an RV up to one year while you're constructing your

[1:26:55] home. Um, and so the zoning board approved

[1:27:00] this one um with the condition that it would just be for for up to one year

[1:27:06] during the the house. So there and they have their application filed for their

[1:27:12] house and so they'll be starting relatively soon. they have their sewer

[1:27:15] and water application and so that will probably go in first. Um well they get

[1:27:23] the utilities and everything to start the house.

[1:27:28] So that's what we just condition to allow the RV temporary

[1:27:33] living quarters for. >> So [clears throat] do we have to make a

[1:27:37] motion for that? >> We do approve the conditional use.

[1:27:44] All right. So,

[1:27:48] » so I'll just tell you what I wrote instead of switching it over. 826-39

[1:27:53] was the application. John and Irene truck conditional use permit with the

[1:27:57] condition of one year >> of living in a motor home or whatever

[1:28:02] » while constructing.

[1:28:06] » Yep. Okay. >> I'd make that motion. Okay. We have a

[1:28:09] motion. Is there a second? I second it.

[1:28:13] » Second. Any more discussion? All those in favor say I.

[1:28:19] » I. >> I. Motion carried.

[1:28:24] » Um the other thing that we've been discussing too from the last over the

[1:28:29] last few months are the data centers and the discussion at the meeting was to

[1:28:36] propose a one-year moratorum for data centers. I don't see us, you know,

[1:28:42] getting any requests for a data center within a year's time, but this gives us

[1:28:46] a buffer to um get the ordinances in place. Um there is a major transmission

[1:28:52] line that's going to be constructed real soon south of us in Slope County through

[1:28:58] like Hettinger County >> [clears throat]

[1:29:00] » um slope county goal county and on west that's like a 500 and some odd

[1:29:06] um kilovolt transmission line and usually whenever you have the large

[1:29:12] transmission line maybe in the hunt for a data center but

[1:29:18] right now I don't see that happening. I mean it's but you never know what the

[1:29:22] future is unfolded. So Jared said he [clears throat] would he would work on a

[1:29:25] resolution for a one year moratory but it's it's a fairly common practice

[1:29:31] whenever you have like something

[1:29:35] as big as you want to do it right the first time around but right now we don't

[1:29:40] have any requests so we do have the time there's other counties like

[1:29:46] Mercer and Orton area and where the The transmission lines are heavy and the

[1:29:52] power generation is heavy. They're getting the requests right now.

[1:29:57] So, I don't think we'll get them, but we'll at least have time to work on it.

[1:30:03] That'll be coming up to you guys.

[1:30:08] » So, the zoning board made a motion, right?

[1:30:11] » Well, we just did a second motion because we're not

[1:30:17] » come from here, right? Yeah. Okay. Yeah, we wouldn't. Yeah, we don't put

[1:30:21] the motion on at the board or just kind of like a recommendation

[1:30:26] to do this at the county level. >> Jared, did you want to address that a

[1:30:31] little? [clears throat] >> Yeah, I need to communicate with other

[1:30:36] uh states attorneys around the state. Namely, I was directed to Lad Ericson um

[1:30:43] who's done quite a bit of work on data centers and moratoriums. I I don't think

[1:30:47] it's a pressing issue to get a moratorum in place today. Um I don't have the

[1:30:52] language ready and and without any permits being applied for and any intent

[1:30:56] to develop. As long as you know it was well uh the

[1:31:03] timing was good by Stacy to bring it to the planning and zoning commission. Now

[1:31:07] the county commissioner is aware uh we can start to draft that language for in

[1:31:12] the event that some development looks to come into the

[1:31:16] county. But uh I a one-year moratorum

[1:31:21] sounds like a lot of of a lengthy period of time but again there's there's a lot

[1:31:27] that goes into it. the information regarding data centers and ordinances,

[1:31:33] you know, regarding them is pretty much new to the other parts of the state that

[1:31:38] are actually facing development. So, we still have some time, but we'll work on

[1:31:43] that and and get that in place for an appropriate amount of time until proper

[1:31:48] ordinances are in place. you know, be better to have it in place

[1:31:54] before we get somebody knock on the door because then it would look like we're

[1:31:59] trying to stop that project where it's like we don't have any [clears throat]

[1:32:02] specific projects. So that a good thing for us right now, but if you have a

[1:32:07] project like applied digital comes and says, "Hey, we want to put a data

[1:32:11] center." So we don't have any companies. So right

[1:32:15] now it's like within the next few months is the time to do that.

[1:32:21] Okay. So, any more discussion on that or nobody wants to do nothing yet, right?

[1:32:27] Till we get more information from Jared also and you. So, we'll we'll be at

[1:32:32] we'll keep this in the zoning deal. So that's all I have for them. We didn't

[1:32:38] have any ARW applications and um >> for the project um for the aerial

[1:32:46] photography [clears throat] project that it's all in place and um

[1:32:52] they'll come out in like mid October or early October and do a flight after

[1:32:59] that's progressing. >> Okay.

[1:33:14] Okay. Thank you, Stacey. >> Um 10:30. Uh Misty,

[1:33:22] you're on the next.

[1:33:26] » Good morning, commissioners. And um Rob Schilling, Deputy Ranger, is here with

[1:33:30] me as well today. Um, just wanted to give you kind of some regular updates.

[1:33:34] We haven't been here in a few months, so fair amount has happened in the last few

[1:33:38] months and always things going on. Um, just wanted to start a little bit by

[1:33:43] mentioning the North Plains Connector Transmission line project. That's the

[1:33:47] project Stacy was referring to. That is the transmission line that is um south

[1:33:53] of Billings County. So it does cross portions of Slope County and Golden

[1:33:59] Valley counties and portions of Forest Service lands in Slope County. So um

[1:34:05] that project is moving forward. The notice of availability for the final EIS

[1:34:11] was um posted to the Federal Register last week, August 28th. And so um we are

[1:34:19] um nearing the end of that process. The North Dakota Public Service Commission

[1:34:24] had hearings yesterday and today for that project as well. And so that's been

[1:34:28] an opportunity for folks to come in and express concerns. They will be um they

[1:34:34] would need to provide uh approval for that project to proceed forward. Project

[1:34:39] starts over um near center. There's actually two pieces of it um that tie

[1:34:45] into um substations on that side and then it goes into um basically to coal

[1:34:52] Montana. So ties into um power lines there. The intent of that project as

[1:34:57] it's been described to us is to connect the the east and west grids. Um as you

[1:35:03] know in in years past there have been issues um with if [clears throat] one

[1:35:07] part of the grid fails there's not a way to back feed across. So that's the

[1:35:13] intent of the project is to connect the two. Um we've not heard any specific

[1:35:18] things in relation to data centers for that project, but as Stacy mentioned,

[1:35:23] obviously if a power lines present, that could facilitate other activities. Um it

[1:35:30] would not it we would likely have our decision um by the end of October of

[1:35:36] this year. And what they indicated is that we would be finishing permitting

[1:35:41] into 2027 and likely construction would not start until 2028

[1:35:47] if the project's approved. So no direct effect to Billings County, but certainly

[1:35:52] a neighbor for sure >> and not too far away. Um wanted to

[1:35:57] briefly mention the Buffalo Gap Road. things are moving forward and my

[1:36:01] apologies for the uh miscommunication and confusion we had on the the

[1:36:06] alignment and getting the surveys going. Um, I think we had assumed that um,

[1:36:11] things were moving forward and and um, Rose was waiting for us to provide

[1:36:15] approval and and so I I apologize for that miscommunication, but I think

[1:36:20] things are moving forward and so as soon as we get the archaeological and

[1:36:25] hydraological surveys back from them, we have completed the wildlife surveys and

[1:36:30] the botney surveys and so we would be ready to to issue a decision as soon as

[1:36:34] we get that information and the final, you know, engineered alignment. from

[1:36:39] them. So, I think things are moving forward for us to to get that decision

[1:36:43] yet this fall, assuming we get all the reports in.

[1:36:47] Um, wanted to briefly mention the Arts Across the Prairie project. Again, this

[1:36:52] is not a direct impact to Billings County, but it's just over the line in

[1:36:56] Golden Valley County. And so just as a reminder, this is the proposed art

[1:37:02] installment that will be um between the railroad and old highway 10 um just into

[1:37:09] Golden Valley County. So um just west of Madora here. Um that project is moving

[1:37:16] forward. Um the county is working with the um North Dakota Arts Council on

[1:37:22] preparing the um approaches and getting the parking lot ready. I don't think the

[1:37:27] art will be installed maybe till next season, but um that one is moving

[1:37:31] forward. >> What is the art again? Sorry.

[1:37:33] » It is it is a kind of a rocklike depiction of a bison is basic. And then

[1:37:39] they the they did have um what they call tile workshops where members of the

[1:37:45] community can come and create a tile that will go on on the sculpture itself.

[1:37:50] So, it'll be a large I don't know it's 12 to 14 feet high.

[1:37:56] » 16 or 18. >> Yeah.

[1:37:58] » Yeah. It's it's going to be tall. Um and it's basically three pieces

[1:38:04] um [clears throat] of sculpture and then there will be a parking area um where

[1:38:09] people can pull in. So, not not big like Enchanted Highway, but pretty good

[1:38:14] sized. >> And it's rock instead of metal. Um,

[1:38:17] well, yeah, it'll be rock or like a metal with some concrete cover.

[1:38:25] » Yeah, >> if you guys are curious about it, I have

[1:38:28] pictures of it. I mean, it looks like a really funky fun and then there's

[1:38:32] another piece and then there's a platform that people kind of stand on.

[1:38:39] » Yeah. [snorts]

[1:38:44] Um we we are seeing some oil and gas leasing occurring. So you may be aware

[1:38:51] um we receive expressions of interest for leases or federal leases that have

[1:38:55] that are associated with forest service surface. Um we have been responding to

[1:39:01] those and we had a few so in the last sale that were in Billings County and a

[1:39:07] few that are in the upcoming sale that are in Billings County as well. and we

[1:39:11] are seeing those leases sold. So, just an awareness for you. Those are mostly

[1:39:17] in the north tier of of Billings County and into Mackenzie County. So, kind of

[1:39:21] that that north township or so, but just an awareness for you all that there does

[1:39:28] appear to be some potential interest there and and we are seeing those those

[1:39:33] leases sold at pretty good prices. And um so whether that means we'll have

[1:39:38] development or not is always a question. Sometimes leases are purchased as

[1:39:42] specula speculative and they're not developed. Sometimes they're developed.

[1:39:47] But I just wanted to make you aware that you know this is probably the last two

[1:39:51] quarters are the first times we've been seeing active sales in Billings County.

[1:39:55] So >> yeah, that's it. That's like the rough

[1:40:01] draft. >> Yeah, that's pretty Yeah, that's pretty

[1:40:04] cool. So, it's kind of concrete, but it's mostly metal panels that are um

[1:40:10] rusted. >> Yeah.

[1:40:12] » Yeah. >> Yeah.

[1:40:13] » But the tile tile work, so it's like Yeah. They'll be all posted on

[1:40:19] [laughter]

[1:40:25] our sacross aquarium. If you guys don't know, it's like each region. There's

[1:40:29] eight regions in the state and so each region has like a large scale art

[1:40:35] installation and so our area was selected.

[1:40:39] So

[1:40:42] » okay >> so um so yeah just on the leases again

[1:40:46] just wanting to make you aware that we are seeing some potential interest in

[1:40:50] Billings County. Nothing specific as far as development at this point, but but

[1:40:56] like I say, it's this has most recently been, you know, active leases being

[1:41:01] sold, which at least indicates interest.

[1:41:06] Um,

[1:41:09] I wanted to give an update on travel man our travel management plan. So, we did

[1:41:14] finalize the maps for the proposed action actually yesterday. day before

[1:41:20] yesterday, Tuesday. And so, um, we we have a proposed action that will be

[1:41:25] ready to take to the public here very soon. Our plan is to, um, issue a draft

[1:41:32] environmental assessment, EA, and the proposed action maps for the public to

[1:41:37] provide comment on. Um, that will be an official public comment period. We're

[1:41:42] we're planning for the end of September to have that release out there. Um, I

[1:41:47] will uh provide a copy of the maps to you and to the grazing association so

[1:41:52] you can see those. Um, the county and and any member of the public and the

[1:41:57] grazing associations will have opportunities to provide comments,

[1:42:01] additional comments on things that that you have concerns about or have interest

[1:42:06] in or whatever during that comment period and really up until the time that

[1:42:10] we issue our decision. Right now we are looking to potentially have a final

[1:42:14] decision as early as January. Could be um later into March depending on if we

[1:42:21] have um a number of comments and if we have folks that would file an objection

[1:42:25] under our objection process. But um I think we're very near to the end which

[1:42:31] we are excited about and I hope you guys are excited about too cuz we've put a

[1:42:35] lot of effort into it and and we appreciate all the effort that that you

[1:42:39] all and and the staff have put into providing us input and helping us work

[1:42:45] through the processes and talking about section lines and all of those things.

[1:42:50] So, I think we're going to have a pretty good product that we can put out there

[1:42:53] for the public to take a look at here in the next couple weeks.

[1:42:59] Um, and then also kind of connected to that, but not is um you may have seen

[1:43:05] the notice of intent for the Forest Service to change the travel management

[1:43:12] rule. And I want to be very clear that that's a very separate process from what

[1:43:16] we're doing. That is a national rule and that is a national process that they

[1:43:21] announced last week. Um that process will is um modifying how we

[1:43:30] would make travel management plans. Our current travel management plan that

[1:43:35] we're working on is um under the current rule. We anticipate our plan will be

[1:43:42] completed prior to the release of the proposal the proposed changed rule.

[1:43:50] Um from what we know now we believe our plan will be in compliance with the new

[1:43:54] rule and and my understanding is the new rule they are specifically writing in

[1:43:59] some things acknowledging section lines and some other things that that I think

[1:44:03] we've already taken into account in our process. So, um there is a comment

[1:44:09] period open for that right now for the notice of intent for that rule. You're

[1:44:13] welcome to make comments on that as well. Um but it shouldn't really affect

[1:44:19] our our plan. We've gotten approval to continue with our plan um while they

[1:44:25] begin the process for that change in the rule. So, and we don't we

[1:44:30] [clears throat] don't anticipate that we'll have to start over or do a bunch

[1:44:32] of changes based on that that rule change. So, um,

[1:44:39] and then the last thing I had on my list was fire restrictions. Um, I think

[1:44:44] you're aware we do have what we call stage one fire restrictions in place.

[1:44:48] That does prevent um, campfires in dispersed areas. Um, it it does

[1:44:54] currently allow campfires in developed campgrounds. Um, we have been talking

[1:45:00] about and and reviewing in the last couple of days about potentially

[1:45:04] changing that to include restrictions on campfires period, you know, in including

[1:45:10] in campgrounds. We and I would expect we'll make a decision on that in the

[1:45:14] next day or so. Um, and then as always, we're monitoring conditions and we

[1:45:20] recognize that while some places are getting some spots of rain, that doesn't

[1:45:24] seem to be widespread and it's not getting everywhere. So, we recognize

[1:45:28] there are places across all of the counties where it still continues to be

[1:45:33] very dry and where fires are a concern. So, as as things progress, if we

[1:45:38] continue to stay this dry, then we may look to do something additional yet this

[1:45:43] fall as well.

[1:45:47] » Okay. [clears throat] >> Any questions?

[1:45:50] » Yeah, Mr. Chairman, um, could I ask Misty a question? If we had

[1:45:58] Senator Hovind asked me to attend a meeting about two weeks ago, we had a

[1:46:02] meeting in Dickinson with Senator Hovind, the grazing associations,

[1:46:07] [clears throat] and the chief of the forest office. And the

[1:46:14] what I what I think the commission should understand

[1:46:18] is that um

[1:46:23] the let's see if I can find it the rule

[1:46:30] proposed rule I messed you correctly if my memory is wrong basically presumes

[1:46:36] [clears throat] in the last sentence [snorts] that all roads roads are going

[1:46:42] to the presumption is that they will be open and there is a specific reference

[1:46:48] [snorts] to the roads in uh Billings County or not Billings County

[1:46:54] » North Dakota I think >> western North Dakota is what it's

[1:46:58] » so uh it was a very productive meeting and I think that uh there is going to be

[1:47:06] some requirement really that that the commission get involved I think is as

[1:47:11] that proposed rule gets going. But I thought it was one of the more

[1:47:15] productive meetings that we've ever had on the travel plan. The roadless rule

[1:47:20] has been resended. So, and and what you're saying, Misty, is your last

[1:47:26] submission is under the existing travel plan.

[1:47:31] [clears throat] >> Yes.

[1:47:32] » But you think it's going to be consistent with the proposed rule?

[1:47:36] » We do. >> That I just referenced.

[1:47:37] » Yes. >> Okay.

[1:47:40] Just for information for the commission. >> Good. Yeah, I'm glad that you attend the

[1:47:44] grazing. Everybody attended. Yeah, that's good. So,

[1:47:48] » got one question for sure. >> Is there any truth or can you comment on

[1:47:52] the uh idea of a developed truck parking lot with DOT by Fryberg?

[1:47:58] » So, at this point, we don't have a formal proposal. Um DOT did reach out to

[1:48:04] us um to look at an option for that. Um,

[1:48:12] in the and I I'm trying to think about the timing of this. So, in the last

[1:48:17] month, um, they have kind of we were we were preparing to set up a meeting with

[1:48:23] them and the grazing association to start having discussions around that.

[1:48:27] They asked us to hold off on creating a meeting because they're considering

[1:48:31] other options and I don't know what those are. So, we do not have a formal

[1:48:35] proposal and we um we have not been doing any work on that until and if they

[1:48:42] come back to us with something. Okay. >> But they did they did reach out to us to

[1:48:47] talk about what the process might look at like and

[1:48:51] see what the possibilities were. But we but it sounded to me like they were

[1:48:56] looking at other options which I would be perfectly happy with.

[1:49:00] » Okay. an answer >> and that was the application or not the

[1:49:04] application but that letter that we received a couple meetings ago

[1:49:09] » the potential idea >> okay so well we'll just wait to hear

[1:49:14] more yeah >> when you when you hear more

[1:49:16] » yep as we get a proposal in then you know we'll be reaching out and and

[1:49:21] working with you all and the grazing association on on what that request or

[1:49:26] proposal is but sure >> at this point they asked us to to put

[1:49:31] any kind of meeting or moving it forward on hold until they explore other

[1:49:34] options. >> Good. Okay. Okay.

[1:49:38] Lori, >> may I ask a follow-up question to Missy?

[1:49:41] So, um, a little clarification, please, on

[1:49:45] Forest Service named roads that are on the travel management plan that may even

[1:49:49] be an administrative use that sometimes are on private property and sometimes

[1:49:54] are public property. What is that meaning with the new language about

[1:49:59] forest service roads will be open to the public? So I to be honest for the new

[1:50:05] rule I don't know exactly what that means except our travel rule only

[1:50:10] applies to forest service administered roads. We only have jurisdiction to to

[1:50:15] have roads be open that are forest service roads or roads that we've

[1:50:19] acquired easements for. So, if it's a road that we put a number on at some

[1:50:25] point that starts on Forest Service and crosses private and ends on Forest

[1:50:29] Service, that middle section would not be included in the rule and would not be

[1:50:35] applicable to the rule. >> Okay.

[1:50:42] » Okay. Any other questions? You're [clears throat] you're getting

[1:50:45] question today. >> That's all right. I'd rather people ask

[1:50:48] questions than >> Well, thank [clears throat] you for your

[1:50:50] information then. Thank you for coming. Thank you, Rob, too.

[1:50:53] » Thank you, guys. >> All right, I think we'll take a break.

[1:50:56] [clears throat] We're overdue on the break.

[1:51:15] » Call the meeting back to order. And uh I think we'll go into more uh

[1:51:20] department head reports. And uh so Katie, do you want to go first? I I

[1:51:27] made a list now. So >> Okay. Good morning. How are you guys?

[1:51:32] » So the weed board, a lot of our staff went back to school. So it's just Jod

[1:51:35] and I. And then we have one seasonal that's working a couple days a week when

[1:51:39] they don't have class. So we're still out spring. We're still behind from the

[1:51:43] high temperatures we had in July and August. But fall's a really good time to

[1:51:46] spray the end of thistle and absent wood. So if anyone's listening to the

[1:51:50] minutes and still needs help spraying or chemical, please get a hold of us

[1:51:53] because we would love to help you. And so we're going to keep working on county

[1:51:57] roads, spring for private land owners, and then this service. Nothing too crazy

[1:52:01] at the weboard. Any questions for me? >> I think we're good. Thank you.

[1:52:09] » Um, do you want to go?

[1:52:13] Whoever you're gonna go first

[1:52:40] morning to give you a brief update on our

[1:52:43] projects, our guard rail improvement projects and the CMC routes 3D they

[1:52:48] completed the work. Um then there were site three to side 3 to five that were

[1:52:53] seated within just a temporary seated window. So they [snorts] offered to do

[1:52:58] it at their own cost to see if the grass grows. So we're just waiting a little

[1:53:02] bit for grass establishment prior to final inspection on that project.

[1:53:08] The crushing jobs at Tim Arbor's pit. So Fisher, they'll probably finish up next

[1:53:15] week provided they keep going and not break down too much more. They've been

[1:53:21] kind of been off and on breaking down, but um we did send in progressive

[1:53:27] estimate number one, the pay app. So that was just an estimate amount.

[1:53:34] So once you get that signed, if you want to give me a copy, um then I can get

[1:53:38] that back to the contractor and then after the question's completed, we'll do

[1:53:42] a we'll fly the pile for a final. >> So when you do that, you going to

[1:53:47] account for the clay that was all in there far as the payment to armburst or

[1:53:52] how does that work? It's I mean we'll measure the pile and

[1:53:57] that's what they'll get paid for for final quantity because it's part of the

[1:54:02] product I suppose as far as payment to another landowner for clay and and

[1:54:08] tracking. So >> but does it come from somewhere else

[1:54:11] though? >> The clay.

[1:54:13] » Yeah. If the clay is getting hauled in from castles aren't Tim shouldn't be

[1:54:17] getting paid for the clay that's hauled. What I'm want to clarify,

[1:54:19] » I guess the last time we did it on the moss or pit, I believe it was, we

[1:54:26] subtracted the amount of clay. >> We had some clay left over. We flew that

[1:54:30] pile through the gravel pile >> and then whatever clay we hauled in, we

[1:54:35] subtracted from the >> Okay. All right. That's a good point.

[1:54:38] » Yeah. I guess I was thinking for the contractor, we get paid their quantity.

[1:54:42] » Oh, I get that. But then if you Yeah. If you're tracking

[1:54:46] the clay, we can you can subtract that from.

[1:54:51] [snorts] >> So Bobby,

[1:54:54] » was there a lot of clay used? >> Yeah. No, in the first portion of the

[1:54:58] pit, the second portion here, they moved into a different area and they haven't

[1:55:02] been adding here as much. So it started to straighten out, but it's a completely

[1:55:08] different area of the pit. We didn't know we needed to do it up.

[1:55:16] that move down to the Bobby Kis pit. So Fisher Sand Gravel, they're doing that

[1:55:19] one as well and they've just planned to move on over there once they're done

[1:55:23] crushing it. Tim Arbor's pit, the Thompson pit, we bid that project last

[1:55:28] month with wire construction being a little bit bid at 28,000.

[1:55:32] So, the notice award, um, I sent it to you guys. You guys signed it and then I

[1:55:37] sent that back to the contractor along with the contracts to start preparing.

[1:55:41] So, when I get them back, I'll send them back your way for signatures.

[1:55:46] » Yeah. >> And I believe he's planning to start

[1:55:49] that this fall. You know, Pat, he's doing some other crushing for Pat. So,

[1:55:53] kind of whatever whatever order you give him, I think he would do it.

[1:56:02] And as far as the chips project, so that one deal with Aztec contacted me a week

[1:56:10] or two ago and said they wouldn't be here prior to September when to start.

[1:56:14] Then they anticipated it'd probably be not till September 15th till they could

[1:56:19] get it completed. So I don't know if you're familiar with chips seals, but

[1:56:24] typically September one is a good good cut off date or you at least want to

[1:56:28] have them started and ended shortly after. That way it gives a proper cure

[1:56:32] time and it helps prevent stripping and that kind of thing. So I visited with

[1:56:36] Pat and the DOT um about about this Aztec requested additional time or have

[1:56:42] it suspended for the winter. So, our preference was to suspend it for the

[1:56:46] winter. Um, put together a draft change order and sent them over to the change

[1:56:52] order would read that they could start September

[1:56:55] starting after May 15th and then after June 1, LBS would start or if they

[1:57:02] started before that, LBS would start whenever they they start whichever comes

[1:57:06] to. So it's incentive to come and do it early and then it's no additional cost

[1:57:13] versus the unit prices that were paid. So it's unfortunate it had to carry over

[1:57:18] but I guess it does give time for the trail project to finish up before the

[1:57:22] chip seal out of that grading. I just kind of want to let you know

[1:57:28] that's the status of the chip seal.

[1:57:32] Is there any fine or d you know or what do you call it since it wasn't completed

[1:57:36] was that they should that they're counterating.

[1:57:40] » So there's a you end up charging a penalty with good damages.

[1:57:45] » Um so after this fall you won't charge any because they they're outside of the

[1:57:50] window of being able to complete it if it you know with the weather the time of

[1:57:54] the year they're not allowed to so it's hard to charge LEDs when they're not

[1:58:00] allowed to do the work. That's kind of standard practice.

[1:58:02] » But the fact they could have came earlier, that's what I'm saying.

[1:58:05] » Part of part of the reason they didn't come also was the 4th of July. Okay.

[1:58:09] » Around here, they had it scheduled in, but in the notes we said this is a bad

[1:58:13] week to show up. >> Yeah.

[1:58:15] » It threw a scheduling conflict in. >> That's why they didn't make it.

[1:58:20] » They did reach out shortly before the 4th and said, "Hey, it could get there

[1:58:23] like next week, but never never planned ahead to schedule prejob or anything."

[1:58:29] and it was cutting it pretty close. >> Okay.

[1:58:32] » So, they will be charged LDS once [clears throat] they start to till they

[1:58:37] complete the chip field. If it's between May 15th or May 16th and June 1 after

[1:58:43] June 1, they would get charged every day until they complete the chip.

[1:58:48] » You see say LDS. What does that mean? >> Oh, liquidated damages. It's a penalty,

[1:58:52] I think. >> Okay. You just I didn't know your

[1:58:54] acronym. >> Yep. Sorry. It is a penalty. So they

[1:58:56] will be charged some [clears throat] it's just a matter of whenever they come

[1:59:00] to complete it the total amount there there is time in the contract that was

[1:59:05] provided after the chip seal's completed there's some time because there's cure

[1:59:09] period before the striping so there's [cough]

[1:59:13] they'll [clears throat] stop once the chip seal's completed the LDS and if

[1:59:16] they complete the striping the fog seal the striping in a lot of time there

[1:59:21] won't be additional LDS is how that'll work Okay,

[1:59:28] » the 15th Street grading improvement project. So, that update hasn't changed

[1:59:32] a lot. We submitted that environmental document to the Forest Service and we're

[1:59:36] still waiting on them for final approval on that.

[1:59:41] Our payment justification study. So, we finalized the traffic data maps and then

[1:59:46] I I set up a meeting with Pat next week just to go over the results and finalize

[1:59:53] the routes that we want to look into for further consideration.

[1:59:59] Um, then we got a couple of wish list bridges. Also, the NDAC conference in

[2:00:06] October that meeting with the federal a meeting with the DOT we could register

[2:00:11] yesterday. um them fill up really fast. You know, as soon as you get the email,

[2:00:17] you're trying to call in and you're already on hold. [clears throat] But we

[2:00:20] did get it scheduled for Tuesday at 10:15

[2:00:24] central time with the at the event center there.

[2:00:29] » So, say those dates, say that date again.

[2:00:32] » Okay. So, the conference is the 11th through the 13th of October. The meeting

[2:00:36] would be October 13th at 10:15 Central time. I did email out uh [clears throat]

[2:00:42] an invite yesterday. I don't know if you got it or not, but a calendar invite

[2:00:46] just to help >> help remind you.

[2:00:51] » And then um I guess one last thing I had was

[2:00:57] Commissioner Rodney, you had you had called and asked about looking at near

[2:01:02] Sully Creek and East River Road, that intersection about the weed for guard

[2:01:07] rail. So, I visited with Pat and I just took a couple pictures.

[2:01:20] So, the the first one, this is at the southeast side of the intersection. It

[2:01:24] kind of drops off there. Um, and then the second picture below kind of shows

[2:01:29] like the the vehicles are just taking the corner really sharply. And then if I

[2:01:34] suppose that they'd encroach upon that drop off, maybe that was the area of

[2:01:38] concern. So recently the county put some additional gravel on there and then

[2:01:43] object markers to help delineate I guess that intersection.

[2:01:50] So then when you're looking at if guardrails warranted, you one thing to

[2:01:55] look at is the clear zone distance. So the clear zone is basically a safer coal

[2:01:59] area that you can drive outside the the driving lane, you know, if something

[2:02:05] happens. [clears throat] So that varies depending on your speed

[2:02:09] of your traffic, the amount of vehicles. So the last page I put a table of clear

[2:02:14] zone distances for reference and then we fall under that that first

[2:02:20] line. So basically for any slope than 4 to one, you need a 7 to 10 ft clear. So

[2:02:28] going around um I guess this would be the second page.

[2:02:34] The top photo kind of shows maybe the worst spot going around that radius. The

[2:02:40] the distance there from the edge of the road was about 12 ft max or 12 ft and

[2:02:46] then it got wider after that. And then going around the radius itself, you

[2:02:50] probably 20 feet or better. And they're all most of them is around 10 to one or

[2:02:56] flatter. It did get to about 5 to one. Then you keep going to the west. So it

[2:03:02] it meets the criteria for you got enough clear zone distance there. So I would I

[2:03:09] guess my opinion from just taking a little field visit it's not necessarily

[2:03:13] warranted there based on the the conditions now [clears throat] that you

[2:03:17] know the speed the traffic and the amount of clear zone distance you have

[2:03:23] but you got any questions on that or hopefully I explained it a little

[2:03:28] insight >> No that's good thank you I I talked to

[2:03:31] Pat about it already earlier and we just wanted to get so that we

[2:03:35] » Okay, >> but if you got other spots What's that

[2:03:38] when you look at it? Sure.

[2:03:43] » I don't know if you guys got any other questions.

[2:03:49] » I'm good. You guys good? All right. >> Thank you. Thank you.

[2:03:57] » All right. I'll try to make this quick today for you guys. Um just want to give

[2:04:00] a couple status updates on a couple of projects we're working with you guys on.

[2:04:04] Um first one is the construction of the shared use path on East River Road from

[2:04:08] the south end of Madora here all the way to campground. Um Bronco Brothers has

[2:04:13] completed all the earth work and the gravel operations on that project. Um

[2:04:18] wind construction will be coming in the 21st of September to be laying the

[2:04:23] concrete for the sidewalk on that project. Um they do have to do the

[2:04:28] fabrication of the steel bridge that won't get installed until April. um the

[2:04:32] contract didn't allow for that time in there, but they do plan on setting the

[2:04:36] pedestrian bridge in um April of next year. So, that's just a quick skinny on

[2:04:40] that um project. The other project is the Buffalo Gap Road extension. Um Missy

[2:04:47] was giving your updates, but there we're working with KJ on completing the

[2:04:53] environmental studies on that. They have completed their field work and they will

[2:04:57] have their environmental or the wetland and their cultural surveys down here in

[2:05:02] the next couple weeks and we will submit that to the forest service. Um from

[2:05:08] there um we'll proceed with survey and final design. We still have to come

[2:05:12] forward with a task order to complete that work along with that estimated cost

[2:05:17] um that each county would be varying for that project. But that's in the

[2:05:22] forecast. We still are still believe it's very realistic that this project

[2:05:27] gets constructed in 2027. >> Okay,

[2:05:32] » that's all I really have for those two updates on those projects. Billy wanted

[2:05:37] to chill up here.

[2:05:45] » Uh yeah, good morning. I guess I want to look at the shared use path project

[2:05:50] [clears throat] with Gail today and want to just take a minute to stop in here

[2:05:53] and just say we appreciate working with Billings County. Um we are doing a lot

[2:05:59] of work in the city of Madora right now. Our municipal team is um so we we really

[2:06:03] are invested in this community. We want to be part of Billings County in the

[2:06:06] future. Uh did want to extend an invitation to you guys to go to supper

[2:06:11] during the Association of Counties on a Monday night. Gail will send you guys an

[2:06:17] email with some more information on that, but um we would like to extend an

[2:06:21] offer to you guys for um suffer on Monday night during the association

[2:06:25] counties. But otherwise um just wanted to say, you know, we are

[2:06:31] um again, you know, appreciative of the opportunities to work up here and if

[2:06:35] there's anything else we can do, we'd we'd be happy to help. And then two,

[2:06:39] just if you guys have any questions on any of the projects that we're currently

[2:06:43] working on, please let Gail or myself know.

[2:06:48] » Thank you. >> Okay. Thank you guys.

[2:07:07] So the crews have been hauling on East River Road, Sully Creek, West River

[2:07:11] Road, Franks Creek, cleaning cattle guards. The milling got done on

[2:07:16] Blacktail and on Bearfield pasture. Then they've been helping out with fires as

[2:07:21] they arise. Um, District One got their 724

[2:07:25] delivered. I talked to

[2:07:30] Butler about the mowers the other day and they're supposed to show up this

[2:07:33] month yet. I haven't heard a date. The flex hitches are in, but the mowers have

[2:07:37] not showed up yet. The mouse pit wire finished

[2:07:42] [clears throat] up crushing. He's got some reclamation to do and then he'll be

[2:07:47] done with that. Moving to the next pit, the overage pit. Canopic finished

[2:07:52] crushing. There's like 13,995

[2:07:58] yards that got put up there. There's reclamation needs to be done yet on

[2:08:03] that, but that is crushed and measured. The trucks are up for auction at Pipers

[2:08:10] on the 24th of this month. You can see the trucks online. They have them there.

[2:08:18] See the 135th the dirt work and graveling is done. There's fencing that

[2:08:23] is going on yet and then the um permanent seating needs done yet.

[2:08:27] There's temporary seating done but the permani

[2:08:35] bridge is set to start towards the end of October yet. There's some

[2:08:41] complications with the DOT but they've all been resolved. was still a goal end

[2:08:46] of October. And then the letter of intent was set to

[2:08:51] goose neck for the lease tractors for next year for three of them.

[2:08:59] That's all I have.

[2:09:04] Okay. Thank you. Anything else? We're good.

[2:09:16] Kyle Shock in any questions.

[2:09:20] » What does AA R stand for? >> Abraction review.

[2:09:24] » Okay.

[2:09:28] I didn't get that. Is that on the back? Well, that's on the back. I didn't see

[2:09:31] that.

[2:09:35] » Sorry. I'm trying to save paper. No, I

[2:09:40] » I was just trying to save paper by printing it.

[2:09:43] » Okay.

[2:09:48] » So, the fire band I just wanted to visit a little bit. [clears throat] So, um the

[2:09:55] uh Golden Valley County took theirs off, right?

[2:09:58] » Golden Valley County did. Yes, >> they did.

[2:10:00] » They did. >> Yeah.

[2:10:01] » Y >> and then the Forest Service hasn't

[2:10:04] indicated they're going to take it off yet. Nope. They're actually indicating

[2:10:08] to go further. Okay. >> Put on stronger restrictions. We haven't

[2:10:12] had any issues here, but Mackenzie County has with the fire rings. People

[2:10:17] are like putting 10ft logs in there, let them burn or falling out. So, we haven't

[2:10:22] had an issue. I know they have up north. Um, so yeah, that's what kind of spurred

[2:10:26] them going in further. So, we had received a email from Johansson last

[2:10:31] week, I think, on all that. So, >> Okay.

[2:10:36] Okay. So then we're okay. Everything is out.

[2:10:40] That was my only question. I guess I would comment to that. Part of the

[2:10:45] county is greened up. Part of it's not. >> That is true. That is true.

[2:10:49] » But you get Fryberg, it's green. You get it by your place. It's

[2:10:52] » orange. It doesn't take much.

[2:10:57] » Any other questions?

[2:11:02] » We're good. Thank you.

[2:11:07] Yeah. Go. Are you leaving or you're going to do some Huh?

[2:11:10] » I'm going to head out. >> Oh, I thought you going to give another

[2:11:12] report. [laughter] >> You want me to come up? [cough]

[2:11:17] Thanks, guys. >> Yeah. See, and Juliana, no, she mustn't

[2:11:23] have anything. Marca, do you have something?

[2:11:25] » I just have a couple things. little um have the monthly balance sheet along

[2:11:31] with the treasur's cash summary report. Uh there is a meeting that was scheduled

[2:11:38] uh for the county caucus um with all of the southwest region commissioners

[2:11:45] » at the New England Merkantile. You guys went there before NDA meeting.

[2:11:51] Um [clears throat] this is the Southwest Association of County. It's not the

[2:11:54] NDAC, but NDO NDAC will be there. Um, so it's scheduled for September 14th at

[2:12:02] 6:00 p.m.

[2:12:05] And they'll have a taco bar, so you'll have to pay for it there then

[2:12:10] » at 6:00 p.m. in New England. >> In New England at the merkantile.

[2:12:22] So it it it's basically the same [cough] [clears throat] thing going on that's

[2:12:28] but just different group or >> it it's just all the county

[2:12:30] commissioners. So you're going to caucus and and come [snorts] up with u

[2:12:34] resolutions that you want to cover to the

[2:12:36] » Okay, Scott was kind of

[2:12:41] done it before. Okay. Um the only other thing is is if you

[2:12:47] need hotel rooms for the uh Association of Counties Convention, let me know. Um

[2:12:53] we do have a block of rooms at the Everspring again. And if you have not

[2:12:58] registered already, you can register online or if you want me to register for

[2:13:02] you, just let me know of that, too. uh we're getting ready to do our uh work

[2:13:09] on the general election um training of election workers and things like that.

[2:13:15] So um one change was made Rhonda King can't do the November um election work.

[2:13:22] So Jod Johnson is going to sit in for her.

[2:13:28] [clears throat]

[2:13:30] » That's all I have right now.

[2:13:36] Do we have um

[2:13:41] who is uh did did who turned in petitions for the uh

[2:13:46] » um for the November election for district 4

[2:13:50] seat? Um it's a two-year term. There were two petitions turned in. Uh one

[2:13:56] with Kevin Kessle and the other is Kyle

[2:14:01] Shley. And then

[2:14:05] you know if you want to go through all the federal and state races I can put

[2:14:09] them up on the screen but >> nothing

[2:14:12] » there is nothing nobody was turned in for district five so that will be a

[2:14:16] complete write in race.

[2:14:22] » Okay

[2:14:28] you're good then. Thank you. Um

[2:14:35] Jerry, do you want to do something? [clears throat]

[2:14:38] » I guess I don't have anything much in addition. Um

[2:14:44] quite a few little projects working on social services

[2:14:49] uh staying keeping me busy with uh some of their things.

[2:14:54] um didn't have any major

[2:15:00] criminal fallout from the event. Um some minor traffic things here and there uh

[2:15:06] through July [clears throat]

[2:15:10] work on that moratorum a little bit further get get in communication dealing

[2:15:14] with everything else I've spoken on today. Um

[2:15:19] there have been several individuals that have reached out for guidance uh

[2:15:24] district 5 residents who would look to run a writing campaign. The secretary of

[2:15:29] state directed at least one of them uh to me to look into incompatibility of

[2:15:35] office type uh analysis. um those individuals are fully aware

[2:15:41] that it would be a ride- in campaign, but they need additional information

[2:15:45] that the Secretary of State was unable to provide um just to determine if that

[2:15:50] was if they're eligible [clears throat] and appropriate. Um so yeah, just

[2:15:55] keeping keep them busy. Okay.

[2:16:02] » All right. Well, I don't know. Was there any other uh anyone else I missed or

[2:16:09] I think uh we're good to go to someone wants to make a motion to adjurnn.

[2:16:17] I move to adjourn. I'll second it. Meeting is adjourned.

[2:16:24] Thank you all for

September 3, 2026 Billings County Commission meeting

Agenda

Transcript