[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