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[00:00:06]

HONORING OUR BIRTHDAY PEOPLE COMMISSIONER DRANTTEL AND COMMISSIONER MORROW THIS MONTH.

[Call Board of Commissioners Meeting to Order: Chair]

TERRY, WOULD YOU LEAD US? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU VERY MUCH.

CHAIR WOULD SEEK A MOTION TO APPROVE THE AGENDA.

[Approval of Agenda]

SO MOVED. SECOND.

WE HAVE A MOTION AND A SECOND.

ANY CHANGES TO THE AGENDA THAT WE SEE FROM THE ADMINISTRATOR? MR. CHAIR, THERE ARE NO CHANGES.

ALL RIGHT. VERY GOOD. THANK YOU.

ALL IN FAVOR, SAY AYE.

AYE. THOSE OPPOSED? IT CARRIES.

APPROVAL OF CONSENT AGENDA.

[Approval of Consent Agenda]

SO MOVED. MOTION IS MADE.

IS THERE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND.

ALL ITEMS ON THIS AGENDA MEET YOUR APPROVAL.

ALL IN FAVOR SAY AYE.

AYE. THOSE OPPOSED? IT CARRIES.

PUBLIC APPEARANCES.

ARE THERE ANY PUBLIC APPEARANCES BEFORE THE NICOLLET COUNTY BOARD TODAY? ANY PUBLIC APPEARANCES? HEARING AND SEEING NONE.

LET'S MOVE ON TO AGENDA OFFICE OF TECHNOLOGIES.

[Office of Technologies]

MORNING, JASON. GOOD MORNING, MR. CHAIR AND BOARD OF COMMISSIONERS.

UM, I BRING TO YOU TODAY A PROCLAMATION RECOGNIZING OCTOBER AS A CYBERSECURITY AWARENESS MONTH IN NICOLLET COUNTY.

UM, IF YOU WOULD LIKE, I WOULD BE PLEASED TO READ IT ALOUD.

PLEASE DO. WHEREAS NICOLLET COUNTY SERVES A VITAL ROLE IN PROVIDING SERVICES TO OUR RESIDENTS AND COMMUNITIES.

AND WHEREAS CRITICAL COMMUNITY SERVICES SUCH AS HEALTH CARE, EMERGENCY SERVICES, AND LAW ENFORCEMENT ARE EVER INCREASINGLY DEPENDENT ON INFORMATION SYSTEMS. AND WHEREAS NICOLLET COUNTY IS COMMITTED TO PROTECTING THE COUNTY FROM CYBERSECURITY EVENTS.

AND WHEREAS CYBERSECURITY IS SHARED AS A SHARED IS THE SHARED RESPONSIBILITY OF ALL, AND WE MUST WORK TOGETHER TO IMPROVE OUR AWARENESS AND EDUCATE OURSELVES ON BASIC COMPUTER SECURITY. AND WHEREAS OCTOBER IS DESIGNATED AS NATIONAL CYBERSECURITY AWARENESS MONTH AND NICOLLET COUNTY RESIDENTS ARE ENCOURAGED TO VISIT THE DEPARTMENT OF HOMELAND SECURITY STOP THINK CONNECT WEBSITE AT WWW.STOPTHINKCONNECT.ORG TO LEARN MORE ABOUT CYBERSECURITY AND HOW TO PROTECT THEMSELVES BETTER AT HOME, WORK, SCHOOL AND BUSINESS.

NOW, THEREFORE, BE IT PROCLAIMED BY THE NICOLLET COUNTY BOARD OF COMMISSIONERS THAT OCTOBER 2023 IS DESIGNATED AS CYBERSECURITY AWARENESS MONTH.

THANK YOU FOR RECOMMENDING THIS.

IS THERE A MOTION TO THAT EFFECT? SO MOVED. THANK YOU COMMISSIONERS.

THANK YOU. ANY DISCUSSION? I KNOW MICHELLE, OUR ATTORNEY HAS LET US KNOW ABOUT THIS IN THE PAST TWO SHERIFF'S WARNINGS ARE OUT THERE ALL THE TIME ABOUT SCAMS. WE NEED TO BE VERY CAREFUL.

AND, UM I HAVE A FEW BASIC STATISTICS TO SHARE IF YOU WOULD LIKE.

YES, PLEASE. I GATHER THESE IN RELATION TO INFORMATION BEING PRESENTED THIS MONTH BY MCIT AS PART OF CYBERSECURITY AWARENESS MONTH.

IT DEALS PRIMARILY WITH THE HUMAN ASPECT OF CYBERSECURITY.

JUST A FEW BASIC ONES.

AND THIS PERTAINS TO NICOLLET COUNTY.

IN THE LAST 30 DAYS, WE'VE PROCESSED 87,000 EMAILS INCOMING AND OUTGOING.

OF THAT, 24,000 WERE AUTOMATICALLY QUARANTINED OR OUTRIGHT BLOCKED AS MALICIOUS CONTENT.

IN ADDITION, IN THAT 30 DAYS, WE'VE HAD 3,200 THREATS IDENTIFIED AND REPORTED BY STAFF.

UM, GIVES SOME INDICATION JUST HOW MUCH EVEN NICOLLET COUNTY ITSELF HAS TO DEAL WITH ON JUST A MONTHLY BASIS.

THOSE ARE ALARMING NUMBERS, AREN'T THEY? YEAH, THEY ALL PROBABLY CAME FROM MY EMAIL.

YES, I WOULDN'T SAY THAT PROUDLY.

THAT WAS SEPTEMBER 30TH, THOUGH THAT WASN'T IN OCTOBER.

SO ANY OTHER COMMENTS ABOUT THE PROCLAMATION THAT WE'RE SIGNING TODAY? ALL IN FAVOR SAY AYE.

AYE. AYE. THOSE OPPOSE? IT CARRIES. THANK YOU VERY MUCH.

THANK YOU. KEEP FIGHTING THEM.

PROPERTY SERVICES.

[Property Services]

SPENCER GOOD MORNING.

GOOD MORNING, CHAIR AND THE BOARD.

SO THE ITEM THAT WE HAVE TODAY IS A CONDITIONAL USE PERMIT REQUEST FOR HUNTING SHACK FROM ZACHARY SWANSON.

SO THIS IS A 12 BY 32 PREFABRICATED STRUCTURE, AND IT WOULD BE REPLACING AN EXISTING SHACK.

SO THE APPLICANT LEASED THE THE THE LOT WHERE THE HUNTING SHACK WOULD GO IN APRIL OF 2022.

AND THEN IN OCTOBER, A TREE FELL ON THE OLD SHACK AND DESTROYED IT.

SO THIS REQUEST IS REALLY JUST TO REPLACE SOMETHING THAT WAS ALREADY THERE.

[00:05:03]

UM, APPEARS TO MEET ALL STANDARDS, INCLUDING THE ORDINARY HIGH WATER MARK STANDARD.

SO IT'S YOU KNOW, THAT'S SETBACK FOR THAT IS TYPICALLY 200FT.

BUT WE HAVE A PROVISION IN THE SHORE LAND ORDINANCE THAT STRUCTURES CAN BE AS CLOSE AS THE SURROUNDING STRUCTURES TO THE WATER.

AND THAT'S THE CASE FOR THIS ONE.

SO IT'S ON PROPERTY OWNED BY ROBERT SCHUCK ON THE EASTERN SHORE OF SWAN LAKE AND A CLUSTER OF OTHER HUNTING SHACKS.

AND SO IN ALL, THIS APPEARS TO BE A PRETTY STANDARD HUNTING SHACK REQUEST.

UM, NOTHING ATYPICAL TO NOTE HERE.

AND I WOULD SAY A NET POSITIVE BECAUSE WE'RE REPLACING A OLDER, DILAPIDATED SHACK WITH A WITH A NEW ONE.

UH, SO NOT NOT MUCH MORE TO ADD ON THIS CHAIR.

ALL RIGHT. YOU'VE HEARD THE RECOMMENDATION ON THIS CONDITIONAL USE PERMIT.

IS THERE A MOTION TO THAT EFFECT? SO MOVED. COMMISSIONER DRANTTEL HAS MOVED.

IS THERE A SECOND? SECOND.

COMMISSIONER DEHEN.

DISCUSSION? COMMENTS. QUESTIONS.

CONCERNS. HEARING NONE.

PLEASE CALL THE ROLL.

DO YOU HAVE ANYTHING ELSE FOR US TODAY? NO, CHAIR. THAT'S. THAT'S ALL RIGHT.

THANK YOU. THANK YOU FOR YOUR TIME MOVING ALONG ON THE AGENDA.

A REMINDER WE WILL HAVE DITCH HEARINGS AFTER THIS BOARD MEETING TODAY.

COUNTY ATTORNEY'S REPORT, MICHELLE.

[County Attorney’s Report]

THANK YOU, MR. CHAIR.

I WAS ABLE TO PARTICIPATE WITH THE REST OF THE BOARD MEMBERS ON THE ROAD TOUR LAST TUESDAY AND FOUND IT TO BE VERY BENEFICIAL TO HAVE A ON SITE EXAMINATION OF THE PROJECTS THAT COME BEFORE THE BOARD FOR CONSIDERATION.

I ALSO WAS ABLE TO MEET WITH SOME MEMBERS OF THE MINNESOTA STATE PATROL TO PROVIDE THEM SOME TRAINING WITH THE NEW LEGISLATIVE UPDATES, AND ALSO WOULD LIKE TO PASS ON TO THE BOARD. UM, UH, ONE OF MY ASSISTANTS, DAN GREEN, UM, TRIED A CRIMINAL SEXUAL CONDUCT CASE, UM, TO A POSITIVE VERDICT OF GUILTY.

AND FOR HIS WORK ON THAT PARTICULARLY DIFFICULT CASE, HE RECEIVED A COMMENDATION FROM THE SAINT PETER POLICE DEPARTMENT.

AND SO I WANTED TO PASS THAT ON AND THANK HIM PUBLICLY FOR HIS HARD WORK FOR THE VICTIMS. UM, ON THAT CASE.

THANK YOU, MR. CHAIR.

THANK YOU, COMMISSIONER ZINS.

[Commissioner Committee Reports, Meetings & Conferences (Part 1 of 2)]

UM, I DID THE ROAD TOUR ALONG WITH EVERYONE ELSE HERE, AND THAT WAS ALL I HAD.

THANK YOU, COMMISSIONER DEHEN.

UM, I PARTICIPATED IN THE GMG BOARD MEETING, UH, LAST THURSDAY.

UM, AND, UH, YOU'LL NOTICE IN THE PAPER TODAY THAT THEIR CEO, JESSICA BYERS, DECIDED TO MOVE FORWARD.

SO SHE'LL BE HERE THROUGH THE END OF DECEMBER, AND THEN SHE'LL BE THEY'LL BE LOOKING FOR A NEW CEO.

UM, AND THEN I WAS ALSO, UH, WENT TO THE NORTH MANKATO LIAISON MEETING WITH, UH, CHAIR KOLARS, UM, CITY ADMINISTRATOR OR COUNTY ADMINISTRATOR MIKE HAMMER, CITY ADMINISTRATOR, UH, MCCANN AND COUNCILMAN JIM WHITLOCK.

WE HAD A LIVELY DISCUSSION.

THANK YOU COMMISSIONER. COMMISSIONER MORROW, UH, THE ROAD TOUR AS WELL.

COMMISSIONER DRANTTEL, I HAD A, UH, TRANSIT ADVISORY COMMITTEE MEETING WITH VINE VIA ZOOM.

AGAIN, WE HAVE A VERY EXPENSIVE TRANSIT SYSTEM THAT NOT ENOUGH PEOPLE TAKE ADVANTAGE OF.

SO, UM, I HAD PLANNING AND ZONING MEETING, AND I HAD THE COUNTY ROUTE TOUR.

I ALSO HAD SOME CONSTITUENT COMMENTS.

UM, THEY ARE EXTREMELY PLEASED WITH OUR COUNTY LINE NEWSLETTER THAT CAME OUT.

PEOPLE LIKED THE INFORMATION.

UM, I HAD SOME COMMENTS REGARDING.

UM, NATHAN TISCH AND OUR VETERAN SERVICE OFFICER.

THAT KID DOES A FABULOUS JOB, AND WE HAVE SOME PLANNING AND ZONING ISSUES OUT THERE IN RURAL AMERICA.

THANK YOU COMMISSIONER.

I HAD A [INAUDIBLE] LIBRARY BOARD MEETING.

UH, THE READING MEETING ON OCTOBER 12TH.

UH, THE ROAD TOUR, OF COURSE, WHICH WAS VERY BENEFICIAL TO HEAR OUR COUNTY ENGINEER EXPLAINING, UH, THE PROGRESS THAT IS BEING MADE. ANOTHER TRAVERSE TO ZOOM MEETING AS WE PUT TOGETHER MORE INFORMATION ABOUT OUR NEW ADMINISTRATOR, THE NICOLLET COUNTY NORTH MANKATO MEETING. AND OF COURSE, TODAY'S COUNTY BOARD MEETING.

CHAIR WOULD SEEK A MOTION TO APPROVE THE PER DIEMS AND EXPENSES FOR MEMBERS.

[Approve Per Diems and Expenses]

IS THERE SUCH A MOTION? SO MOVED. WE HAVE A MOTION.

IS THERE A SECOND? COMMISSIONER ZINS? SURE SECOND.

ALL IN FAVOR SAY AYE.

AYE. AYE. THOSE OPPOSED? IT CARRIES. I GUESS I DID FORGET COMMISSIONER MEETINGS AND CONFERENCES.

[Commissioner Committee Reports, Meetings & Conferences (Part 2 of 2)]

[00:10:03]

WE WILL HAVE THE AMC MEETING TOMORROW HERE IN SAINT PETER.

MANDY, DO YOU HAVE ANYTHING ELSE TO ADD ABOUT UPCOMING CONFERENCES? UH, NO. JUST A REMINDER ABOUT THE AMC DISTRICT MEETING TOMORROW MORNING AT THE NICOLLET COUNTY HISTORICAL SOCIETY.

AND THEN YOU ALSO RECEIVED AN INVITATION TO ATTEND A TRI COUNTY RECYCLING TOUR ON NOVEMBER 13TH.

UM, MR. CHRISTIANSEN HAS ASKED THAT WE HAVE SOME TYPE OF RSVP BY OCTOBER 30TH, 31ST WITH YOUR MEAL SELECTION.

THANK YOU VERY MUCH.

ANY OTHER ITEMS TO COME BEFORE THE COUNTY BOARD? IF NOT, WE ARE ADJOURNED AT 9:11.

WE WILL HAVE A DRAINAGE AUTHORITY MEETING COMING UP AT TEN.

APPROVAL TO THE AGENDA.

[Call Drainage Authority Meeting to Order: Chair]

WE HAVE A MOTION. IS THERE A SECOND? MOTION AND A SECOND.

ALL IN FAVOR, SAY AYE.

THOSE OPPOSED? IT CARRIES.

CHAIR WOULD SEEK A MOVE A MOTION TO APPROVE THE CONSENT AGENDA.

SO MOVED. SECOND, WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? HEARING NONE. ALL IN FAVOR SAY AYE.

AYE. THOSE OPPOSED? IT CARRIES. ARE THERE PUBLIC APPEARANCES TO COME BEFORE THE DRAINAGE AUTHORITY? SEEING NONE.

ARE WE ALL RIGHT TO CONTINUE ON? MADAM ATTORNEY? YES. LET'S CONSIDER THE DITCH REPAIR REPORTS.

NATE GOOD MORNING.

GOOD MORNING. UM, INCLUDED IN YOUR PACKETS ARE A COUPLE DITCH REPAIR REPORTS.

UM, NORMALLY THESE WOULD GO ON THE CONSENT AGENDA, BUT THESE ARE PERTAINING TO COUNTY DITCH 62A AS REPAIRS TO THAT IMPROVEMENT PROJECT SO.

WOULD YOU LIKE TO GO THROUGH THEM ONE AT A TIME OR KIND OF AS A LUMP SUM? I THINK WE CAN DO IT ONE AT A TIME.

LET'S DO THAT. THANK YOU.

SO REPAIR REPORT 23-017 ON COUNTY DITCH 62 A IS PERTAINING TO A COUNTY TILE THAT WAS INSTALLED AS PART OF THE IMPROVEMENT PROJECT THAT WAS FOUND TO BE COLLAPSED DURING THE TELEVISING OF THAT SYSTEM.

SO LANDOWNERS UPSTREAM OF THAT ARE REQUESTING THE DITCH SYSTEM REPAIR AND REPLACE THAT DAMAGED SECTION OF COUNTY TILE.

REPAIR REPORT 23-018 ALSO IS PERTAINING TO COUNTY DITCH 62 A IMPROVEMENT PROJECT, AND THIS REPAIR IS TO CAP A SECTION OF OLD COUNTY TILE THAT WAS NOT PREVIOUSLY CAPPED DURING THE IMPROVEMENT PROJECT.

THIS IS NOW CREATING A LARGE WASHOUT AND EROSION PROBLEM AROUND THE POND OUTLET STRUCTURE.

OKAY. I'M JUST GOING TO INTERRUPT YOU.

CAN CAN YOU FOLKS IN THE BACK HEAR, WHEN THEY'RE BEING, WHEN THESE ISSUES ARE BEING ADDRESSED? ALL RIGHT. GO AHEAD.

REPAIR REPAIR REPORT 23-019 IS PERTAINING TO COUNTY DITCH 62 A AND THIS IS TO REPAIR AND LEVEL THE SPOIL PILES ALONG THE OPEN DRAINAGE DITCH FROM THE RE SLOPING AND DITCH CLEANING OF THE IMPROVEMENT PROJECT. THERE'S ALSO NUMEROUS TREES AND ROCKS AND DEBRIS TO BE DISPOSED OF ALONG BOTH SIDES OF THE OPEN DITCH.

THIS DITCH ON ROAD TOUR.

YOU'VE LIKELY SEEN PICTURES AND HEARD ABOUT IT, BUT I DON'T THINK WE STOPPED THERE.

REPAIR REPORT 23-020 IS ON COUNTY DITCH 62 A, THIS WOULD BE REPAIRING THE BUFFER STRIP ALONG THE OPEN DITCH UNDERNEATH WHERE THE SPOIL PILES HAVE BEEN LAYING FOR THE PAST FOUR YEARS.

UM, PICKING ROCKS, PICKING TREES, SEEDING AND MULCHING THE BUFFER STRIP.

REPAIR REPORT 23-021 IS ON COUNTY DITCH 62 A THIS IS TO CAP AND CLOSE AN INSPECTION T ON LANDOWNERS PROPERTY THAT IS NO LONGER NEEDED TO VIEW THIS PORTION OF TILE.

THAT IS ALL I HAVE FOR YOU TODAY.

SO DO YOU NEED ACTION ON ANY OF THIS? YES APPROVAL.

SURE WOULD SEEK A MOTION TO APPROVE.

DO YOU WANT TO APPROVE THEM, MR. CHAIR SEPARATELY OR AS A PACKAGE? JUST REVIEWED FOR COUNTY DITCH 62 A.

[00:15:01]

THANK YOU COMMISSIONER. IS THERE A SECOND? SECOND COMMISSIONER DRANTTEL.

DISCUSSION ON THESE ITEMS. COMMENTS, QUESTIONS, CONCERNS AND THESE GET PAID FOR.

GO AHEAD. I WOULD JUST LIKE TO ADD OR NOTE THAT THE THE REPAIRS WILL BE PAID FOR THROUGH THE $1.5 MILLION SETTLEMENT CHECK.

THE DITCH SYSTEM WAS ISSUED.

VERY GOOD. THANK YOU FOR THAT CLARIFICATION.

AND THE NOTES WILL INDICATE THAT.

ANY OTHER COMMENTS? SARAH, PLEASE CALL THE ROLL.

DO YOU HAVE ANYTHING ELSE FOR US TODAY? NOT AT THIS TIME.

THANK YOU. I'D LIKE TO OPEN THE HEARING ON THE PARTIAL ABANDONMENT PETITION FOR COUNTY DITCH 30 A. WE'LL NOW CALL UPON MISS KOPET TO SET OUT THE PROCEDURAL HISTORY OF THE PETITION.

JACKIE. ALL RIGHT.

GOOD MORNING, MR. CHAIR. AND MEMBERS OF THE BOARD.

UM, SO TODAY AT 10:00, WE HAVE THE PUBLIC HEARING FOR A PARTIAL ABANDONMENT OF COUNTY DITCH 30.

A PUBLIC SERVICES RECEIVED A PETITION IN OUR OFFICE ON AUGUST 28TH, 2023.

UM, TO ABANDON A PARTIAL PORTION A PORTION OF COUNTY DITCH 30 A UPON RECEIVING THE PETITION, WE SCHEDULED A PUBLIC HEARING FOR TODAY, OCTOBER 24TH AT 10:00 ON OCTOBER 9TH, 2023, NOTICES WERE MAILED TO ALL LANDOWNERS AND INTERESTED PARTIES IN THE SYSTEM.

THE NOTICE WAS ALSO PUBLISHED IN THE SAINT PETER HERALD ON OCTOBER 12TH, 2023, AND ALSO JUST INFORMATIONAL THE DITCH IS ALSO IN THE MIDDLE OF A REDETERMINATION, AND THAT REDETERMINATION WAS ORDERED ON JANUARY 3RD, 2023.

SO THE PETITIONER IS HERE AS WELL AS I WAS JUST NOTIFIED HIS ATTORNEY IS ON HIS WAY AND HE WILL BE A LITTLE BIT LATE.

UM, BUT WE CAN STILL MOVE FORWARD WITH THE, UM, WITH THE PUBLIC HEARING.

AND WHEN HE GETS HERE, WE CAN CALL UPON HIM FOR FOR HIS COMMENTS ON IT.

I WOULD GUESS, MR. WEIBEL, YOU MIGHT BE THE FIRST TO COME FORWARD.

IF YOU COULD WHEN YOU ARRIVE HERE AT THE SEATS, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

AND WE WELCOME YOU HERE TODAY.

TIM. GOOD MORNING.

AND THANK YOU, UH, TIM WEIBEL 45438 541ST AVENUE, COURTLAND.

UH, I'M THE PETITIONER FOR THE ABANDONMENT OF THE STRETCH OF DITCH.

WITH ME THIS MORNING, MIKE KRIEGER FROM ELLINGTON DRAINAGE.

THEY'RE GOING TO BE PERFORMING THE, UH, WORK ON THIS.

AND MIKE HAS A LOT OF THE KNOWLEDGE AS FAR AS, AS THE SIZING AND AND WHAT WE'RE GOING TO DO.

AND I THINK THERE PROBABLY, MAYBE IS A MAP TOO, UH, THAT WAS SENT IN OF WOULD SHOW YOU WHAT WE PLAN ON DOING.

BUT IF THAT'S ALL RIGHT, I'D LIKE TO TURN IT OVER TO MIKE.

AND MIKE CAN GIVE YOU MORE OF THE THE DETAILED PART.

ALL RIGHT. THANK YOU.

THANK YOU TIM. MIKE, UH, THE FLOOR IS YOURS.

SURE. THANK YOU.

UM, SO MR. WEIBEL CONTACTED US ABOUT LOOKING AT CLOSING UP THE DITCH IN QUESTION.

UM, WE DID A WATERSHED ANALYSIS, UM, AND COME UP WITH THE MAP.

AFTER THE BOARD PACKET WAS PUT TOGETHER, THERE WERE A COUPLE PIECES OF INFORMATION THAT WERE RECEIVED BY THE COUNTY AFTER THE PACKET WAS PUT TOGETHER.

THOSE THINGS HAVE BEEN ADDED TO THE PUBLIC PACKET AS WELL AS PROVIDED TO THE COMMISSIONERS.

UH, THAT INCLUDES A LETTER DATED OCTOBER 18TH FROM MR. ZIMMERLILY, IF I'M SAYING THAT CORRECTLY, MR. WEIBEL'S ATTORNEY, UM, A VENDOR'S CONSENT TO DRAINAGE TILE, UH, AN EASEMENT AGREEMENT AND THEN ADDED AS WELL IS A TILE CUT SHEET WITH ELLINGSON'S, UM, A LETTERHEAD ON IT, AS WELL AS THE MAP THAT I BELIEVE THAT THAT IS BEING REFERRED TO.

NOW, AS I INDICATED, THOSE HAVE BEEN PROVIDED TO THE BOARD AND ADDED TO THE PUBLIC PACKET FOR THE BOARD'S CONSIDERATION TO MAKE ITS FINDINGS FOR PROCEEDING ON THE PETITION.

THANK YOU WE ARE IN POSSESSION OF THESE DOCUMENTS ON THE DRAINAGE AUTHORITY.

OKAY. UM, SO OUR DESIGN IS AS SHOWN.

UM, WE PROPOSE A 24 INCH DOUBLE WALL TILE TO REPLACE THE DITCH, UM, THAT IS DESIGNED ON A HALF INCH DRAINAGE COEFFICIENT WITH A PROPOSED GRADE OF 0.15%, GIVING IT A DRAINAGE CAPACITY OF 450 ACRES.

UM. CURRENTLY, WITH THE DESIGN PRESENTED, WE'VE REROUTED SOME MAINS ON THE EAST END OF THE PROPERTY TO TAKE SOME OF THE THE DRAINED ACRES OFF OF THAT,

[00:20:08]

THAT 24 INCH MAIN.

SO THAT LEAVES US WITH 275 ACRES OF WATERSHED THAT THAT 24 INCH WOULD HAVE TO TAKE.

UM, LEAVING US WITH 174 ACRES OF ADDITIONAL CAPACITY.

SO, UM, LONG STORY SHORT, WE'RE WE'RE OVERSIZING THAT MAIN BY 175 ACRES TO, UH, TO SERVE THAT WATERSHED.

UM, AND AGAIN ALONG THE WAY, WE'RE PICKING UP ANY, UM, EXISTING TILE OUTLETS.

UM, THERE ARE FIVE OF THEM I BELIEVE THAT HOOK IN TO THE 24 INCH.

AND THEN ALSO WE'RE PUTTING THE SUB MAIN IN ON THE EAST END TO PICK UP THAT THOSE ACRES.

UM, AND THAT IS A 12 INCH DUAL WALL SUB MAIN ON THAT END THAT WALL OUTLET DIRECTLY INTO THE DITCH ON THE EAST SIDE OF THE PROPERTY.

SO MY GOAL WAS TO I WANTED TO OVERSIZE THIS NOW TO MAKE TO TRY AND BE A GOOD NEIGHBOR IN THE FUTURE.

AND I THINK THAT'S WHAT WITH THE DESIGN THAT ELLINGSON CAME UP WITH.

I THINK THAT'S WHAT WE'VE ACCOMPLISHED.

WE'D LIKE TO ALLOW YOU TO MAKE A STATEMENT ABOUT THE PETITION.

IF YOU COULD GIVE US YOUR NAME.

SURE. DEAN ZIMMERLILY I'M AN ATTORNEY WITH GUSTAFSON AND HUNTER AND THE ATTORNEY ON BEHALF OF THE PETITIONER HERE.

UH, TIM WEIBEL.

UM, I THINK THAT HOPEFULLY, TIM KIND OF GAVE THE BREAKDOWN OF WHAT'S BEING PLANNED IS JUST EVERYTHING BEHIND THAT.

UM, I'M TRYING TO THINK OF IT'S A HALF SECTION LINE THERE.

UM, WOULD PLAN TO BE ABANDONED.

UM, UH, WHICH WOULD BASICALLY MEAN THAT THAT THAT SECTION OF WHAT'S NOW A COUNTY DITCH WOULD BE CONVERTED TO PRIOR PRIVATE OWNERSHIP UH, AND NO LONGER BE THE RESPONSIBILITY OF THE COUNTY DRAINAGE AUTHORITY AS FAR AS MAINTENANCE.

UH, GOING FORWARD.

UH, INSTEAD, THE LANDOWNERS HAVE AGREED TO A, UH, PRIVATE DRAINAGE EASEMENT THAT GUARANTEES THAT ALL THOSE LANDOWNERS THAT ARE CURRENTLY DRAINING THROUGH THAT AREA, THROUGH THAT SECTION OF THE DITCH WOULD CONTINUE TO HAVE THE RIGHT TO DRAIN THROUGH THAT SECTION OF THE DITCH GOING FORWARD.

AND AND IT DEALS WITH, YOU KNOW, THE ONGOING MAINTENANCE.

AND IT'S BASICALLY A PRIVATE AGREEMENT TO MAKE SURE THAT THERE IS THAT, UH, CONTINUING DRAINAGE INFRASTRUCTURE.

UM, FOR THOSE FOR THOSE LANDOWNERS THAT ARE CURRENTLY BEING SERVED BY THAT SECTION OF THE DITCH.

AND FOR THAT REASON, UM, THERE'S NO, YOU KNOW, PUBLIC NECESSITY TO HAVE THAT PUBLICLY ADMINISTERED, UH, ANY LONGER.

UM, THE PLAN WOULD BE, UH, TO THEN CONVERT WHAT'S NOW AN OPEN DITCH INTO A BURIED TILE LINE.

UM, THERE WAS AT LEAST A COUPLE OF QUESTIONS THAT THE COUNTY ATTORNEY HAD RAISED TO ME, AND I'M NOT SURE IF SHE HAD CIRCULATED MY SECOND LETTER FROM LAST WEEK TO THE BOARD BUT THERE ARE KIND OF TWO QUESTIONS.

ONE IS THERE'S, UM, JUST NORTH OF HERE.

THERE'S A MISS CHRISTIANSON THAT OWNS A SMALL, UM, RESIDENTIAL LOT THAT IS NOT INCLUDED IN THE DRAINAGE EASEMENT, AND IT WASN'T INCLUDED FOR FOR TWO REASONS.

ONE IS I DOUBLE CHECKED, UH, THE STREAM STATS, WHICH IS A PROGRAM DEVELOPED BY THE UNITED STATES GEOLOGICAL SURVEY SERVICE, AND A LOT OF ENGINEERS USE TO MAP OUT WATERSHEDS AND WATER FLOW AND CONFIRM THAT IT DOESN'T LOOK LIKE THAT WATER ACTUALLY FLOWS INTO THIS DITCH.

IT GETS TO CD 30 BY BASICALLY FLOWING STRAIGHT EAST INSTEAD OF GOING SOUTH TO THE DITCH AND THEN EAST.

SO I DON'T THINK IT'S ACTUALLY PART OF THE WATERSHED.

THERE'S A BREAK, UH, IN MR. WEIBEL'S FIELD, WHERE EVERYTHING KIND OF NORTH OF A RIDGE, UH, FLOWS EASTERLY, UM, RATHER THAN SOUTH TOWARDS THIS DITCH. AND THEN SEPARATELY, SHE DOESN'T, UH, WE'RE NOT AWARE OF ANY DRAIN TILE THAT'S ACTUALLY BEING, UM, FUNNELED THAT WAY.

ANYWAYS. SO, UM, I DON'T THINK THAT SHOULD BE AN ISSUE.

AND THEN THERE'S A SEPARATE QUESTION ON THE KIM DRUMMER PROPERTY.

UH, MISS DRUMMER DID SHE'S A BUYER OF THAT PROPERTY ON A CONTRACT FOR DEED, BUT WE DIDN'T HAVE THE CONTRACT FOR DEED SELLER AS A PARTICIPANT OR SHE DIDN'T JOIN IN THE THE EASEMENT.

BUT WE HAVE SUBSEQUENTLY GOT A SPECIFIC CONSENT TO JOIN THAT EASEMENT AND ALLOW THAT EASEMENT AND MAKE SURE THAT IF THE CONTRACT FOR DEED WERE EVER CANCELED, THAT MISS DRUMMER DIDN'T END UP BEING THE OWNER.

ONCE SHE FINISHES HER PAYMENT, IF ANYTHING WOULD HAPPEN THAT THE THE EASEMENT WOULD STILL APPLY TO HER PROPERTY AS WELL.

[00:25:06]

SO I THINK THOSE TWO POTENTIAL CONCERNS SHOULD BE TAKEN CARE OF THERE.

UM, SO I THINK THIS DOES MEET THE THE REQUIREMENTS FOR AN ABANDONMENT.

AND IT'S JUST TO BASICALLY ALLOW THIS, THIS, UH, UH, DRAINAGE DITCH TO BE CONVERTED INTO A PRIVATE SYSTEM AND INTO BURIED TILE. SO IF THERE'S ANY QUESTIONS OF THE BOARD, I'M CERTAINLY HAPPY TO ANSWER THEM, UM, AS BEST AS I CAN.

SO. ALL RIGHT, SO, MR. ZIMMERLILY, WE THANK YOU FOR YOUR STATEMENT.

ANY OTHER STATEMENTS ON THE PETITION? SO AT THIS TIME, I THINK WE'D LIKE TO OPEN THE HEARING TO INVITE COMMENTS.

BUT I'D LIKE TO REFER TO MR. MARK BEHRENDS, WHO IS HERE FOR ANY INFORMATION ON REDETERMINATION OF THIS PROJECT.

MARK, WOULD YOU LIKE TO COME FORWARD AND ADDRESS THOSE ISSUES, PLEASE? SURE. I CAN JUST STAND HERE.

NO. COME FORWARD.

I'M SORRY. PLEASE COME FORWARD.

THANK YOU. GOOD MORNING.

I'M MARK BEHRENDS. I'M A DITCH VIEWER THAT WORKS IN SOUTHERN MINNESOTA.

WE DO A LOT OF WORK IN NICOLLET COUNTY.

WE ARE CURRENTLY MOST OF THE WAY THROUGH A REDETERMINATION FOR COUNTY DITCH 30A, SO IT'S AN OPPORTUNE TIME FOR THIS, UH, ABANDONMENT OR POTENTIAL ABANDONMENT.

SO WHATEVER YOU DECIDE HERE TODAY WILL FIT INTO OUR WORK.

UH, WHETHER THE DITCH STAYS AS IT IS, THE GRASS STRIP PAYMENT WOULD BE PAID TO THE LANDOWNER.

IF IT'S ABANDONED, THE GRASS STRIP WOULD NOT BE PAID TO THE LANDOWNER.

WE'VE DONE IT THIS IN SEVERAL OTHER COUNTIES.

WE'RE IN THE PROCESS OF A REDETERMINATION.

AN INDIVIDUAL HAS A PARCEL WHERE THEY'RE GOING TO ABANDON THE DITCH AND WE JUST LOOK AT IT, DON'T, UH, INCLUDE THE GRASS STRIP IN THE PAYMENT.

SO, UH, FROM THE VIEWER STANDPOINT, WHATEVER YOU DECIDE, UM, WE'LL WORK WITH.

ALL RIGHT. VERY GOOD. THANK YOU.

THANK YOU. SO AT THIS TIME, UH, MADAM ATTORNEY, WE'LL OPEN THIS UP FOR COMMENT.

YES, MR. CHAIR.

SO AT THIS TIME WE'LL INVITE COMMENT ON THE PETITION.

ANYONE HERE WILLING OR WISHING TO MAKE A COMMENT ON THE PETITION FOR THE PARTIAL ABANDONMENT FOR COUNTY DITCH 30A ? ANYONE WILLING TO MAKE ANY COMMENT ON THE PARTIAL ABANDONMENT PETITION FOR COUNTY DITCH 30A THAT IS BEFORE THE DRAINAGE AUTHORITY AT THIS TIME. IF THE BOARD IS COMFORTABLE MOVING AHEAD WITH THE PETITION, WE'LL NOW CLOSE THE PUBLIC COMMENT AND PROCEED TO CONSIDER THE PETITION. UM, TO APPROVE THE PETITION, THE FOLLOWING QUESTIONS MUST BE ANSWERED AFFIRMATIVELY.

A, THE PORTION OF THE DRAINAGE SYSTEM INCLUDED IN THE PETITION DOES NOT SERVE A SUBSTANTIAL USEFUL PURPOSE AS PART OF THE DRAINAGE SYSTEM TO ANY PROPERTY REMAINING IN THE SYSTEM, AND B, THE PORTION OF THE DRAINAGE SYSTEM INCLUDED IN THE PETITION IS NOT OF A SUBSTANTIAL PUBLIC BENEFIT AND UTILITY. IF THE BOARD CANNOT ANSWER THESE QUESTIONS STATEMENTS IN THE AFFIRMATIVE, THE PETITION WOULD NOT MEET STATUTORY CRITERIA AND THE BOARD WOULD HAVE TO DENY THE PETITION.

WHETHER THE BOARD APPROVES OR DENIES THE PETITION, THE BOARD WILL NEED TO STATE THE FACTUAL FINDINGS SUPPORTING THE DECISION.

FOLLOWING THE BOARD'S DECISION, THE FINDINGS AND ORDER FOR THE DRAINAGE AUTHORITY'S CONSIDERATION WILL BE PREPARED FOR THE NEXT BOARD MEETING.

SO WHAT ARE THE WISHES OF THE DRAINAGE AUTHORITY AT THIS TIME? MR. CHAIR? COMMISSIONER. IF I MIGHT, I BELIEVE THAT THE PRESENTATION BY MR. ZIMMERLILY, BY MR. WEIBEL, I FORGET YOUR LAST NAME, SIR, I APOLOGIZE.

UH, BUT THE PRESENTATION, I BELIEVE, HAS SHOWN TO US THAT THE PORTION WE'RE TALKING ABOUT TODAY DOES NOT SERVE A SUBSTANTIAL, USEFUL PURPOSE AS PART OF THIS DRAINAGE SYSTEM FOR 30A, AND THAT THE PORTION THAT IS INCLUDED IS NOT A SUBSTANTIAL PUBLIC BENEFIT.

THANK YOU.

ANY OTHER COMMENTS BY AUTHORITY MEMBERS? IF I UNDERSTAND CORRECTLY, I WOULD MOVE TO RESPOND TO THE TWO QUESTIONS THAT WERE POSED IN THE AFFIRMATIVE.

SO THAT'S A MOTION.

IS THERE A SECOND? SECOND.

COMMISSIONER ZINS.

DISCUSSION BY DRAINAGE AUTHORITY MEMBERS.

[00:30:04]

ANY COMMENTS OR QUESTIONS? PLEASE CALL THE ROLL.

SO THE BOARD'S DECISION, THE FINDINGS, IN ORDER FOR THE DRAINAGE AUTHORITY'S CONSIDERATION, WILL BE PREPARED FOR OUR NEXT MEETING.

MR. CHAIR, OUR NEXT PUBLIC HEARING IS SCHEDULED FOR 10:30.

AND THAT'S ON COUNTY DITCH 77, LATERAL TWO.

IT'S OUR CONTINUED PUBLIC HEARING, SO WE MAY WANT TO TAKE A BIT OF A BREAK UNTIL 10:30.

MR. CHAIR, I MOVE, WE RECESS UNTIL 10:30.

WE HAVE A MOTION TO RECESS UNTIL 10:30.

IS THERE A SECOND? SECOND. WE HAVE A SECOND.

ALL IN FAVOR, SAY AYE.

AYE. THOSE OPPOSED CARRIED.

WE ARE RECESSED.

OKAY. WE'LL CALL THE NICOLLET COUNTY DRAINAGE AUTHORITY MEETING.

BACK TO ORDER.

COUNTY DITCH 77, LATERAL 2 FINAL ACCEPTANCE HEARING FOR 10:30 THIS MORNING.

WE ARE REOPENING THE PUBLIC HEARING FOR THE COUNTY DITCH 77 LATERAL 2 FINAL ACCEPTANCE AND LEVY OF THE IMPROVEMENT PROJECT.

TURNING NOW TO JACI KOPET.

GOOD MORNING JACI.

MORNING, MR. CHAIR.

MEMBERS OF THE BOARD.

UM, YEAH. JUST TO RECAP, THIS IS A CONTINUED, UM, PUBLIC HEARING FOR THE FINAL ACCEPTANCE OF THE IMPROVEMENT PROJECT AT COUNTY DITCH 77 LATERAL TWO.

I WILL JUST FOR THE RECORD RECAP WHERE WE'RE AT ON THIS.

SO ON MARCH 24TH, 2020, THE DRAINAGE AUTHORITY ACCEPTED THE FINAL ENGINEER'S REPORT AND THE VIEWERS REPORT FOR THE DETERMINATION PERTAINING TO THE IMPROVEMENT PROJECT.

ON FEBRUARY 23RD, 2021, THE CONSTRUCTION BID WAS AWARDED TO JENSEN EXCAVATING AND TRUCKING, LLC.

ON JUNE 25TH, 2023, ISG, THE ENGINEER ON THE PROJECT, HAS SUBMITTED THEIR FINAL ACCEPTANCE REPORT TO THE PUBLIC SERVICES DEPARTMENT.

TODAY IS A CONTINUED HEARING FROM THE ORIGINAL HEARING ON SEPTEMBER 26TH, 2023.

THE HEARING WAS CONTINUED FOR ISG TO GATHER MORE INFORMATION ON LANDOWNER CONCERNS THAT WERE BROUGHT UP DURING THE PUBLIC PORTION PUBLIC COMMENT PORTION. THE PURPOSE OF TODAY'S HEARING IS FOR THE DRAINAGE AUTHORITY TO CONSIDER ACCEPTING THE ENGINEER'S REPORT TO CLOSE THIS PROJECT.

I WILL ALSO BE ASKING YOU TO CONSIDER APPROVING THE LEVY TO THE LANDOWNERS FOR THE PROJECT.

IF THE PROJECT IS IS APPROVED AND CLOSED OUT.

NOTICE FOR THIS PUBLIC HEARING WAS GIVEN BY MAIL TO ALL LANDOWNERS ON SEPTEMBER 5TH, 2023.

THANK YOU, MISS KOPET.

UH, WE HAVE HERE TODAY CHUCK RANDALL FROM ISG.

I UNDERSTAND YOU HAVE A FINAL ACCEPTANCE REPORT.

YES, I DO HAVE AN UPDATE.

UM. GOOD MORNING.

WOULD YOU LIKE ME TO GO OVER A SUMMARY OF WHERE OF THE PROJECT.

UM, I'M NOT SURE IF THERE'S ANYBODY THAT WASN'T HERE LAST TIME.

UM, BUT I'M JUST ASKING.

I THINK WE CAN JUST MOVE FORWARD.

RIGHT. ALL RIGHT. SO FROM THE FINAL ACCEPTANCE HEARING, THERE WERE FROM MY NOTES, I HAD 3 MAJOR, UM, CONCERNS THAT WERE BROUGHT UP. SO I'M JUST GOING TO KIND OF GO THROUGH EACH ONE OF THOSE.

UH, THE FIRST ONE IS THE EXISTING MAINLINE TILE THAT GOES THROUGH THE WEIBEL PROPERTY.

UM, I DID CONFIRM THAT IT WAS CUT OFF, AND THAT WAS INCLUDED IN THE PROJECT TO CUT THAT LINE OFF.

UH, MOST OF IT WAS WE STAYED AWAY FROM IT ON, ON PURPOSE BECAUSE WE PUT A NEW LINE NEXT TO IT.

SO THERE WAS CONFIRMATION THAT IT WAS CUT OFF.

I DID.

UM, UM, LOOK AT IF YOU WERE TO DO MORE WORK ON IT TO, UM, BECAUSE IT'S A LARGE SECTION OF PIPE ABOUT 1,400 FEET.

UM, MY RECOMMENDATION WOULD BE TO CRUSH IT IN A FEW SPOTS INSTEAD OF FILLING IT, UH, TO FILL THAT TILE.

THE AVERAGE BIDS THAT WE SEE FOR FILLING A TILE OF THAT SIZE IS AROUND $25, $25.60 A FOOT, WHICH WOULD BE ABOUT $37,000.

I THINK YOU COULD ACCOMPLISH.

UM, UM, THE SAME EFFECT BY BREAKING IT INTO APPROXIMATELY 300 FOOT SECTIONS THAT WOULDN'T HAVE ANYTHING CONNECTED TO IT.

UM, WE SEE AN AVERAGE PRICE FOR CRUSHING A TILE LIKE THAT OF $1,500, SO THAT'D BE SOMEWHERE IN THE RANGE OF 6 TO $700,000.

THE BID WAS TO DISCONNECT THE TILE.

THAT WAS DONE. I'VE GOT CONFIRMATION THAT THAT WAS DISCONNECTED AT THE AT THE ROAD.

UM, AND SO THE CONTRACTOR DID WHAT WHAT THEY WERE, UM, SUPPOSED TO DO IN DISCONNECTING AND ABANDONING THAT THAT TILE.

[00:35:05]

SO I JUST KEEP GOING WITH EACH ISSUE OR.

OKAY. PLEASE. YEP.

UH, THE ROCK PILE ON THE GIZYCKI PROPERTY.

UM, WE DID, UH, THERE THERE WAS A NOTE FROM MR. GIZYCKI. UH, WE DID SOME INVESTIGATION.

THERE WAS A, UM, PUNCH LIST ITEM IN DECEMBER OF 2021 TO REMOVE SOME ROCKS IN THAT AREA.

UH, THAT WAS COMPLETED.

I LOOKED AT THE DRONE FOOTAGE AND COULD NOT FIND ANYTHING IN OUR NOTES.

HERE IS THE AREA IN QUESTION.

[INAUDIBLE] WE COULD NOT SEE ANY EVIDENCE OF, UM, A ROCK PILE IN THE FOOTAGE THAT WE HAD.

IF THERE WAS ONE THERE.

UM, OUR AND THIS IS THE AREA THAT THAT MR. GIZYCKI DISCUSSED, DID NOTE THAT THERE WERE SOME ROCKS REMOVED THERE.

IF THERE WERE ROCKS THAT WE WERE UNAWARE OF.

UM, AND MR. GIZYCKI WOULD TURN IN A RECEIPT FOR THAT.

THAT'D BE SOMETHING YOU COULD PAY AS A AS A REPAIR, BUT I DON'T HAVE I COULDN'T FIND ANY EVIDENCE OF IT, SO.

UM, THE OUTLET BRANCH 2B ON THE SIBEL PROPERTY.

THERE WAS A DISCUSSION ON WHAT SIZE OUTLET THAT WAS.

UM, IF YOU SEE THE PICTURE ON THE SCREEN, UM, THERE WAS A 12 INCH METAL PIPE OVER AN 8 INCH PLASTIC PIPE, AND IT WAS REPAIRED AS A 10 INCH OVER THE TOP OF THE 8 INCH.

SO THAT I DON'T, FROM OUR OPINION, UM, THAT WAS DONE CORRECTLY, BUT AT LEAST WE HAVE SOME DOCUMENTATION SHOWING WHAT WAS THERE AND WHAT WAS COMPLETED.

SO THE PROBABLY LARGEST ITEM FOR DISCUSSION IS THE PRIVATE TILE OUTLETS.

AND I JUST, UM, HAD A CHANCE TO TALK WITH NATE AND SETH A LITTLE BIT ABOUT THIS.

UM, FROM A COST STANDPOINT, I THINK THIS WAS SOMETHING THAT, UM, UM, OUR STAFF RECOMMENDED, AND I DO HAVE SOME EMAILS AFTER THE PROJECT STARTED TO CONFIRM THAT THOSE WERE TAKEN OUT.

SO THEY WERE NEVER THE PRIVATE TILE OUTLETS WERE NOT REPAIRED.

SO THAT WAS A COST THAT WAS NOT BORNE BY THE THE PROJECT.

THERE WAS SOME BACK AND FORTH ON WHAT THAT WOULD COST.

UM, IF THAT WAS COMPLETED, BASED ON CURRENT ESTIMATES, WE ESTIMATE THERE'S 19 PRIVATE TILE OUTLETS THAT WOULD COST AROUND $35,000 IF THOSE WERE FIXED.

UM, BUT THERE WAS A DECISION AND, UM, BETWEEN ISG STAFF AND I THINK WE DID LET COUNTY STAFF KNOW TO, TO NOT DO THOSE AT THAT TIME. SO, SO THEY WERE NOT COMPLETED, UM, PRIVATE VERSUS PUBLIC TILE OUTLETS.

THAT'S SOMETHING THAT IS DEBATED THROUGHOUT THE DRAINAGE WORLD ON WHO SHOULD PAY FOR THOSE, UM, YOU KNOW, ARE THEY PART OF THE PUBLIC SYSTEM OR NOT? UM, BUT THEY THEY WERE NOT I CONFIRMATION THAT THEY WERE NOT INCLUDED.

UH, THEY WERE NOT COMPLETED.

UM, AND THERE'S APPROXIMATELY 19 OF THOSE, UM, RANGING IN SIZES FROM 8 TO 15 INCH IF IN THE PROJECT AREA.

AND THAT INCLUDES THE CLEANING AREA THAT WAS ADDED SO.

UM, BASED ON AT LEAST WHAT I FOUND, THE, UM.

I DON'T BELIEVE THERE'S ANY OBLIGATIONS OF THE CONTRACTOR.

AND IT'D BE MY RECOMMENDATION TO CLOSE OUT THE CONTRACT WITH THE CONTRACTOR.

UM, IF YOU WOULD LIKE TO SEE THOSE PRIVATE TILE OUTLETS REPAIRED AND THAT BE A, UM, COUNTY DITCH 77 COST.

IT'D BE MY RECOMMENDATION TO DO THAT AS A REPAIR OUTSIDE OF THIS IMPROVEMENT.

SO JUST DID MAKE IT'S CLEANER FROM FROM, YOU KNOW, I THINK THAT'S A CLEANER WAY TO TO LOOK AT THIS.

SO, UM, SO AT THIS POINT, IT WOULD BE MY RECOMMENDATION TO CLOSE THE PROJECT WITH JENSEN, AND, UH, WE'D RECOMMEND A FINAL PAYMENT OF $35,122.15.

IS THAT THE FULL, UH, IS THAT YOUR FULL REPORT? THAT'S A SUMMARY OF IT, YES.

THERE'S A LOT MORE DOCUMENTATION IN IT, BUT I WANTED TO GIVE A GENERAL OVERVIEW.

SO. ALL RIGHT. WE THANK YOU FOR THAT INFORMATION.

AT THIS TIME WE WOULD LIKE TO OPEN THE PUBLIC HEARING PORTION OF THE MEETING, INVITING ANYONE HERE TO COMMENT IF THEY SO WISH.

IF YOU'D LIKE TO COME FORWARD, PLEASE GIVE YOUR NAME AND ADDRESS FOR THE RECORDS.

GOOD MORNING. MORNING, TIM WEIBEL 45438 541ST AVENUE, COURTLAND.

UH, A COUPLE QUESTIONS ON CLOSING UP THAT EXISTING TILE.

[00:40:02]

RIGHT NOW, THERE ARE TWO AREAS THAT HAVE COLLAPSED ON MY PROPERTY.

THIS IS ALL TILLABLE GROUND.

UH, THERE'S ANOTHER SPOT THAT'S STARTING TO SLOPE IN A LITTLE BIT, SO I'M ASSUMING THAT'S 3 SPOTS.

UH, WHAT GUARANTEES DO I HAVE WITH A PARTIAL CLOSURE THAT THIS IS NOT GOING TO CONTINUE TO HAPPEN? UH, WE TALK ABOUT A 20.

I CAN'T REMEMBER THE EXACT AMOUNT OF MONEY FOR CLOSING WHAT MR. BEHRENDS HAD SAID, BUT, LIKE, $30,000.

$37,000. BUT I'M RUNNING ACROSS THAT WITH THE $800,000 COMBINE.

YOU KNOW, WE GET WE NEED TO WEIGH WHAT THE CONSEQUENCES COULD BE TO ME BECAUSE I CAN GUARANTEE YOU IF IT FALLS IN, IT'S GOING TO BE ME THAT'S PAYING FOR MY COMBINE.

UH, AND I'M SURPRISED THAT THERE WASN'T A CLOSURE AT THE DITCH OUTLET INSTEAD OF JUST BREAKING.

WHY WAS THAT NOT INCLUDED? WHY WOULD I WANT WATER PUSHING BACK OUT OF THE DITCH, UP INTO MY FIELD? AND THEN ONE OTHER THING TOO, YOU KNOW, THIS $50,000 BILL THAT REALLY I DON'T UNDERSTAND HOW I CAN GET A BILL FOR $50,000.

AND IT'S A NON-PERFORATED TILE THAT THEY PUT IN THROUGH MY PROPERTY.

SO BASICALLY WHAT? AND I'M NOT HOOKED INTO IT.

I GOT BILLED $50,000 FOR FOR SOMETHING THAT I'M NOT GETTING NO VALUE OUT OF.

THAT TILE IS A NON-PERFORATED TILE, SO IT'S NOT GOING TO TAKE ANY DRAINAGE OUT OF MY, MY PROPERTY.

AND I GOT BILLED $50,000 FOR SOMETHING THAT TO ME IS AN INCREDIBLE, UM, AMOUNT OF MONEY THAT FOR NO DRAINAGE.

I HAVE MY OWN TILE.

I DID THAT TEN YEARS AGO ON THAT FARM.

SO THOSE ARE MY QUESTIONS.

THAT ABANDONMENT ARE THAT THAT EXISTING TILE THAT NEEDS TO BE ADDRESSED AND IT NEEDS TO BE ADDRESSED CORRECTLY.

THANK YOU. THANK YOU, MR. WEIBEL. ANYONE ELSE WISHING TO COME BEFORE THE DRAINAGE AUTHORITY, PLEASE? CAN WE JUST ASK FIRST? IS THERE ANYONE ELSE ON THE FIRST ISSUE JUST SO WE DON'T JUMP BACK FROM ONE TO ANOTHER? ANYONE ELSE ON THE WEIBEL, UM, EXISTING MAINLINE? OKAY. THANK YOU.

THEN, MR. CHAIR, WE HAVE THE NEXT WE HAVE THE ROCK PILE ON THE [INAUDIBLE] PROPERTY.

I'M WONDERING, CAN EVERYONE HEAR THE THE CONVERSATION IN THE BACK? SOMETIMES GOOD MORNING.

GOOD MORNING. STATE YOUR NAME AND ADDRESS AND THE ITEM THAT YOU WISH TO ADDRESS.

ELLE SCHMITT 39243 561ST AVENUE NEW ULM.

UM, I'M THE MAIN BENEFITER ON THIS THING, AND.

I THINK LARRY SEIBEL AND I ARE THE ONLY TWO ALIVE YET THAT KNOW ANYTHING ABOUT WHEN THIS WAS PUT IN.

I DON'T KNOW WHAT THE.

HAROLD [INAUDIBLE] OWNED THAT LAND WHERE TIMMY WEIBEL WAS TALKING ABOUT WHERE THE UNDERGROUND.

UH, WHAT WAS IN THE WORDING BACK THEN? WHY WAS THAT PUT UNDERGROUND? MY UNDERSTANDING WAS HAROLD [INAUDIBLE] JUST DIDN'T WANT AN OPEN DITCH.

MAYBE WE SHOULD HAVE OPENED IT UP AND MADE IT AN OPEN DITCH AND LEFT IT THAT WAY NOW.

UM, SORRY, TIM, BUT, YOU KNOW, HE'S GETTING A FEW EXTRA ACRES THERE.

WHAT, FOUR EXTRA ACRES? IF WE PUT AN OPEN DITCH IN THERE, YOU KNOW HOW WIDE THAT WOULD BE? THAT WOULD BE LIKE ANOTHER SWAN LAKE DOWN THERE.

UM. HE'S GOT SOME BENEFIT THERE, TOO.

AND NOW, IF THIS IS ABANDONED, DOESN'T THE LANDOWNER TAKE TAKE OVER THE ABANDONED TILE? I'VE GOT TILE UNDER MY DRIVEWAY.

I KEEP GETTING TOLD ANYTIME SOMETHING HAPPENS TO THEM, THAT'S MY RESPONSIBILITY.

STEVE CAMPBELL DID COME IN, AND THEY WRAPPED WHERE THE TILE WERE SEPARATING AND FIXED THAT FOR ME.

BUT I ENDED UP BRINGING IN SIX LOADS OF CLAY TO MAKE MY DRIVEWAY WIDER TO GET THROUGH THERE.

THAT WAS MY BILL.

UM, I THINK THIS ABANDONED TILE SHOULD BE.

SORRY, TIM, BUT IT'S ON YOUR LAND NOW.

YOU BOUGHT IT? YOU KNEW IT WAS THERE BEFORE.

SO YOU'RE SAYING IT SHOULD BE CRUSHED? CAN A GUY GO IN THERE WITH A BIG, BIG BACKHOE AND JUST CRUSH IT? [INAUDIBLE] OR WHILE WE HAD IT OPEN, WE SHOULD HAVE JUST LEFT IT AN OPEN DITCH.

I DON'T KNOW THE ANSWER HERE, BUT.

AND BEYOND THAT, I DROVE THAT DITCH THE OTHER DAY WITH THE FOUR WHEELER, AND WE GOT WATER STANDING ON THE EAST END YET, AND WE GOT SUCKER WILLOWS AND AND, UH, COTTONWOODS AND EVERYTHING GROWING IN THAT DITCH ALREADY.

[00:45:01]

AND THIS WATER ON THE EAST END IS NOT GETTING TO THE WEST END TO THE OUTLET.

THIS HAS GOT TO GET TAKEN CARE OF.

I'M PAYING BIG MONEY.

I'M NOT FARMING IT ANYMORE.

I'M NOT GOING TO FARM IT ANYMORE.

BUT SOMEBODY'S GOT TO PAY IT FORWARD AND GET THIS THING RUNNING PROPERLY.

SOMETHING'S GOT TO BE DONE HERE. WE CAN'T KEEP ON FARTING AROUND WITH THESE MEETINGS.

AND MY BILL WENT UP FROM $120,000 TO WHAT, I'M OVER $200,000 NOW $40,000 IS BECAUSE OF THE OR PART OF THAT $40,000 BECAUSE OF THE PUTTING MONEY IN THE POT FOR FUTURE REPAIRS.

UM, WE NEED TO GET THIS DONE WITH.

SOMEBODY'S GOT TO MAKE A DECISION WHAT'S GOING TO HAPPEN WITH THEM [INAUDIBLE], WE GOT TO GET THESE OUTLETS FIXED.

UM, WE GOT TO GET THE WATER FLOWING.

IT'S NOT GETTING TO THE OUTLET.

THERE'S A LOT OF [INAUDIBLE] IN THERE.

I'M JUST GETTING FED UP WITH COMING DOWN HERE TO MEETINGS ALL THE TIME.

MY BILL KEEPS GOING UP.

THANK YOU, THANK YOU.

ANYONE ELSE WISHING TO COME BEFORE THE DRAINAGE AUTHORITY? PLEASE STATE THE TOPIC THAT YOU'D LIKE TO ADDRESS.

YOUR NAME AND YOUR ADDRESS.

TRAVIS DONMOYER 39783 561ST AVENUE NEW ULM.

AND IT'S ABOUT THE TILE OUTLETS.

THANK YOU. AND FIRST OFF, THIS PICTURE THAT WE GOT THAT IS NOT ONE OF THE COUNTY TILE.

THIS IS THE FIRST OUTLET OFF THE GRAVEL ROAD.

I HAVE A PICTURE ON MY PHONE TO PROVE IT, BECAUSE I JUST TOOK A PICTURE OF IT THIS MORNING.

AND IT'S STILL STILL BROKEN OFF JUST LIKE THAT PICTURE.

IT'S BEEN TWO YEARS, SO IT'S BEEN ERODING AWAY AS THE TILE RUNS IN THE DITCH BANK.

AND AFTER THE LAST MEETING, I WENT HOME AND I FOUND ON THE COUNTY WEBSITE THE WHOLE FINAL CONSTRUCTION REPORT.

AND IT'S RIGHT HERE IN BLACK AND WHITE SAYS NOTE ALL TILE OUTLETS AND FIELD INTAKE SHALL BE REPAIRED OR PROTECTED.

SO I DON'T KNOW WHY NATE OR HIM OR ANYBODY WOULD TAKE THE AUTHORITY TO TAKE IT OUT OF THE PLANS WHEN IT WAS IN THE PLANS, AND WE'RE ALREADY PAYING FOR IT. SO WE GOT THERE'S ONLY 3, 3 OUTLETS THAT DIDN'T GET REPLACED.

WE HAVE 40 ACRES NORTH ON THE NORTH SIDE OF THIS DRAINAGE DITCH.

THEY'RE ALL PRIVATE.

THEY ALL GOT REPLACED, BUT THE 3 ON THE SOUTH SIDE DID NOT.

AND I JUST IT SHOULD BE DONE BECAUSE WE'RE SUPPOSED TO BE PAYING FOR IT IN THIS ANYWAY.

SO THAT AND I THAT THE COUNTY TILE THAT'S FIXED.

BUT YOU CAN PHYSICALLY GO OUT THERE TO THE INTAKE, TAKE A TAPE MEASURE DOWN THERE AND MEASURE IT.

IT'S 12 INCH WITH A 10 INCH OUTLET.

BUT THAT THOSE PICTURES OF THE OUTLETS HERE IN THE PACKET ARE NOT OF THE COUNTY TILE.

SO THAT IS ALL I HAVE FOR NOW.

THANK YOU. MR. GREENWOOD. GOOD MORNING, MR. CHAIR. MEMBERS OF THE BOARD.

UM, I TALKED TO CHUCK A LITTLE BIT ABOUT THESE PRIVATE TILE OUTLETS BEFORE THE MEETING GOT STARTED.

AND, UM, IN THE REPORT OR THE UPDATED INFORMATION CHUCK PROVIDED, IT SAYS.

AND I CONFIRMED THAT I WAS STARTING TO GO THROUGH THIS YESTERDAY, THAT THE FER REPORT DID INCLUDE COST REPAIR, ALL PUBLIC AND PRIVATE TILE OUTLETS.

BUT WE WENT BACK AND LOOKED AT THE ACTUAL PLAN SET THAT WAS BID OUT, AND THE LIST OF QUANTITIES AND ITEMS THAT WERE TO BE DONE WITH THIS PROJECT.

AND ALL THE PRIVATE AND COUNTY TILE OUTLETS WERE NOT INCLUDED WHEN THIS PROJECT WAS BID OUT.

NONE OF THOSE TILE OUTLETS.

UM, NATE AND I WENT BACK INTO OUR REVIEWED OUR DOCUMENTATION NOTES THAT WE HAD FOR THE PROJECT, AND WE COULDN'T FIND ANY INFORMATION WHERE HIM OR I OR COUNTY STAFF WOULD HAVE DIRECTED ISG TO REMOVE THOSE TILE OUTLETS FROM THE BIDDING DOCUMENTS.

UM, NOT SURE WHY THAT WAS DONE.

AND SO ALL THE INFORMATION THAT YOU HAVE IN HERE OF EMAILS THAT OCCURRED BETWEEN NATE AND ISG STAFF REGARDING TILE OUTLETS OCCURRED AFTER THE PROJECT WAS GOING, AND THE DISCUSSION WAS ABOUT CHANGE ORDERS TO INCLUDE ALL THAT POTENTIAL TILE OUTLET WORK INTO THE PROJECT.

WE HAD SOME CONCERNS BASED ON THE INFORMATION THAT WAS COMING BACK FROM ISG THROUGH JENSEN ABOUT ULTIMATE COST FOR THOSE, UM, NATE AND I HAD BEEN DISCUSSING THOSE COSTS AND FELT LIKE THE COSTS WERE POTENTIALLY MUCH HIGHER THAN WHAT WE WOULD TYPICALLY SEE ONE OF OUR LOCAL CONTRACTORS BE ABLE TO DO THAT TILE WORK.

I MEAN, IT HAPPENS THAT WHEN YOU CHANGE ORDERED WORK IN THAT WASN'T ORIGINALLY BID, THERE'S POTENTIAL FOR CONTRACTORS THAT

[00:50:09]

WORK TYPICALLY IS MORE EXPENSIVE THAN IF IT WAS ORIGINALLY COMPETITIVELY BID OUT.

AND SO THE EMAILS AND CORRESPONDENCE IN HERE ARE INDICATIVE OF THOSE COST CONCERNS.

AND THAT'S WHY THOSE TILE OUTLETS WEREN'T CHANGE ORDERED IN AT THAT TIME.

WE'RE MORE THAN HAPPY TO FIX THOSE TILE OUTLETS AS ADDITIONAL WORK USING LOCAL CONTRACTORS IF THE BOARD DEEMS US MOVING FORWARD WITH THAT. UM, IT HAS BEEN PAST PRACTICE, UM, ON REGULAR DITCH REPAIRS THAT ALL PRIVATE TILE OUTLETS, AT LEAST IN NICOLLET COUNTY, ARE LANDOWNER RESPONSIBILITIES.

THE DITCH SYSTEM DOESN'T PAY FOR THAT.

BUT THIS IS THIS PROJECTS A LITTLE BIT DIFFERENT AS IT IS AN IMPROVEMENT PROJECT WITH 3 SLOPING OF PART OF THE DITCH ON THE COUNTY DITCH 62 A PROJECT.

ALL THE COUNTY TILE OUTLETS AND PRIVATE TILE OUTLETS WERE BID IN THAT PROJECT AND REPAIRED, SO CONFUSION EXISTS AT WHY THIS WAS DELETED OUT.

THIS WAS NOT SETH NATE COUNTY STAFF SAYING THAT THESE SHOULD COME OUT BECAUSE WE DID IT ON 62 A SO I DON'T KNOW IF THERE WAS AS WE GOT INTO AS ISG GOT INTO FINAL DESIGN, THAT COSTS WERE INCREASING OVER WHAT THE FER SHOWED FOR THE COST BENEFIT RATIO, AND IF THERE WAS A CONCERN THAT THAT COST WAS GOING TO EXCEED THE BENEFITS AT THAT TIME, TILE OUTLETS MIGHT HAVE BEEN SACRIFICED TO KEEP THE PROJECT WITHIN THE COST BENEFIT RATIO.

I DON'T KNOW, MR. CHAIR, IF I MIGHT. YES, PLEASE.

SO THE THE FIRST RELEVANT DOCUMENT IN THIS PROGRESSION IS WHAT THE FER AND THAT STANDS FOR? UH FINAL ENGINEER'S REPORT.

AND IN THAT DOCUMENT IT SAID THAT THE PRIVATE OUTLETS WERE TO BE COVERED INCLUDED? REPAIRED ALONG WITH THE PUBLIC OUTLETS.

OKAY. BUT THEN WHEN WE WENT BACK AND REVIEWED THE ACTUAL BIDDING DOCUMENTS, THE PLAN SET THE LIST OF QUANTITIES, THE SCHEDULE OF PRICES FOR THE DIFFERENT QUANTITIES, ALL THE PRIVATE AND PUBLIC OUTLETS REPAIRS WEREN'T INCLUDED.

OKAY. AND YOU FIND NO CORRESPONDENCE FROM THE COUNTY? YEAH, I COULDN'T FIND ANY, LIKE WRITTEN EMAIL CORRESPONDENCE OR NOTES THAT NATE AND I HAD THAT WOULD HAVE DIRECTED TAKING THOSE OUT. BUT IF SOMEBODY HAS SOMETHING, I MEAN, I'LL STAND BY WHAT DIRECTION WE POSSIBLY GAVE.

BUT I CAN'T FIND ANY.

AND IT JUST I'M A LITTLE BIT BEFUDDLED BECAUSE ON 62 A, ALL THE OUTLETS, PRIVATE AND PUBLIC, WERE INCLUDED IN THE BIDDING PROCESS AND WERE WERE DONE AS PART OF THE PROJECT.

AND SO I DON'T KNOW WHY WE WOULD HAVE DIRECTED THEM TO BE TAKEN OUT ON THIS PROJECT.

BUT I THE EMAIL I'VE THAT YOU FOUND WAS THE CHANGE ORDER AFTERWARD.

YEAH. ALL IT JUST SAID AND IT SAYS IN THERE AFTER DISCUSSIONS, THIS IS WHAT WE CAME UP WITH.

SO I DON'T HAVE ANYTHING DOCUMENTING TO COLLABORATE THAT EXCEPT FOR THAT WE DID PUT IT IN AN EMAIL THAT WE HAD A DISCUSSION THOUGH, SO I VERY WELL COULD HAVE CAME FROM US FROM A COST SAVINGS. I JUST DON'T KNOW THAT PART.

I'M SORRY. OH, IT VERY WELL COULD HAVE CAME FROM US AS A COST SAVING MEASURE.

SO BUT THERE WAS A DISCUSSION ON IT AT LEAST SO AT SOME POINT.

BUT I AGREE WITH I AGREE WITH SETH.

THAT'S A STANDARD THAT WE, WE'VE DONE NOW THIS PROJECT DID GET REBID.

IT DID HAVE SOME. WE DID TRY TO FIGURE OUT HOW TO SAVE COSTS.

SO THAT COULD HAVE HAPPENED.

SO MR. CHAIR, YES. MR. GREENWOOD, YOU DIDN'T HAVE A DISCUSSION WITH ISG REPRESENTATIVES ABOUT ELIMINATING THIS.

I DON'T RECALL ANY CONVERSATION TO ELIMINATE THOSE.

AND LIKE I SAID, I WENT THROUGH ALL MY EMAILS, ALL MY NOTES THAT I HAD FOR THE PROJECT AND COULDN'T FIND ANYTHING.

NATE DID THE SAME THING.

UM, LIKE I SAID, IF WE HAD THAT, I WOULD STAND BY THE DECISIONS OR DIRECTIONS THAT WE WOULD HAVE GIVEN ISG.

AND WITHOUT REQUIRING MR. HENRY TO COME UP, YOU'VE CONFIRMED WITH MR. HENRY THAT HE RECALLS NO DISCUSSION ALONG THAT LINE EITHER.

YEAH. I WILL SAY THE CONTRACTOR WASN'T PAID FOR IT.

IT WASN'T INCLUDED.

THE CONTRACTOR WAS NOT PAID FOR IT.

YEAH, THERE IS NO I THINK WE ALL AGREE ON THAT.

AND THERE WAS A AND THERE WAS A, UM, CORRESPONDENCE OF SHOULD WE ADD THOSE BACK IN.

AND, AND THERE WAS A DEFINITELY A DECISION, I THINK, TO NOT DO THAT AT THAT TIME.

[00:55:01]

SO AND THAT RECOMMENDATION MAYBE CAME FROM US, BUT I KNOW THERE WAS DOCUMENTATION.

WAS IT AFTER THE BID IT POTENTIALLY YES.

YEAH. BUT THERE WAS A POINT IN TIME WE WERE ASKED DO YOU WANT TO PUT FROM I GUESS FROM JENSEN, DO YOU WANT TO PUT THESE IN.

AND THE RESPONSE WAS NO.

YES ISG AND JENSEN WERE KNOWN AS SOME OF THE TILE OUTLETS WERE, WERE BAD.

AND THAT STARTED THE WHOLE CONVERSATION THAT WELL, THERE'S NO BID ITEMS TO PAY THEM TO DO THIS WORK.

AND SO YOU GOT TO START TO NEGOTIATE, CHANGE ORDER AND CHANGE ORDER PRICING FOR ADDITIONAL WORK.

AND THAT'S WHERE ALL THE CORRESPONDENCE IN HERE HAPPENS DURING CONSTRUCTION.

WE ARE STILL IN THE PUBLIC HEARING PORTION OF THIS DISCUSSION HERE TODAY.

THANK YOU, MR. GREENWOOD.

ANYONE ELSE WISH TO COME FORWARD TO ADDRESS ANY CONCERNS TO THE DRAINAGE AUTHORITY? MR. WEIBEL, WOULD YOU LIKE TO RETURN? YEAH, ABOUT THAT TILE, THE EXISTING TILE.

THAT TILE IS NOT MY TILE.

THAT THAT TILE IS THE DITCHES TILE.

IT'S 38. ALL THE LANDOWNERS IN THAT THAT OWN THAT TILE.

IT'S NOT ME. I THINK WE WERE REFERENCED ABOUT A PRIVATE TILE THAT SOMEBODY HAD.

THIS IS NOT MY TILE.

IT'S EVERYBODY'S TILE.

AND I THINK IT'S EVERYBODY'S RESPONSIBILITY THAT USES THAT TILE TO PAY FOR IT, AND NOT TIM WEIBEL AND MARY WEIBEL TO PAY FOR IT.

CAN CAN I JUST ADD A CLARIFICATION SO THE BOARD UNDERSTANDS THAT IT WAS A COUNTY TILE IT STILL IS A COUNTY TITLE UNTIL YOU ACCEPT THE PROJECT AND ABANDON IT.

SO BUT THAT WAS WHAT WAS PROPOSED AS PART OF THE PROJECT.

THAT'S WHAT THE PETITIONERS ASKED FOR IS TO ABANDON IT? ANY OTHER FOLKS WISHING TO COME FORWARD TO ADDRESS ANY ITEMS AT OUR DRAINAGE AUTHORITY TODAY ON COUNTY DITCH 77, LATERAL 2, PLEASE COME FORWARD AT THIS TIME.

I'M SEEING FOLKS HERE, BUT I'M NOT SEEING YOU COME FORWARD.

SO ARE WE AT THE POINT WHERE WE, UH WANT TO CLOSE THIS PUBLIC HEARING? JUST A REMINDER, MR. CHAIR IF YOU FORMALLY CLOSE THE PUBLIC HEARING, THEN YOU WON'T BE ABLE TO NECESSARILY REOPEN THAT PUBLIC HEARING.

IF THE BOARD WISHES TO CONTINUE THIS FOR ANY OTHER FOLLOW UP INFORMATION.

UM, I DON'T KNOW IF THERE IS FOLLOW UP INFORMATION THE BOARD MAY SEEK.

WELL, WE CAN CLOSE THE PUBLIC COMMENT PORTION.

NO YOU COULD CONTINUE.

I THINK THE QUESTION FIRST IS WHETHER THERE'S GOING TO BE ADDITIONAL DIRECTION FROM THE BOARD BEFORE WE CLOSE AND BEFORE THE BOARD ACCEPTS THE PROJECT.

AND IF THERE IS GOING TO BE ADDITIONAL QUESTIONS THAT ARE GOING TO BE POSED SUCH THAT WE WOULD NEED TO HAVE A CONTINUED HEARING, THEN YOU WOULD NOT WANT TO CLOSE THE PUBLIC COMMENT. OTHERWISE IT HAS TO BE NOTICED.

MR. CHAIR [INAUDIBLE].

I THINK THAT WOULD BE APPROPRIATE SO YOU CAN MAKE THAT CONSIDERED DECISION.

SETH WOULD YOU LIKE TO COME FORWARD AGAIN AND DISCUSS WITH THE MEMBERS? MR. CHAIR, [INAUDIBLE] I'D LIKE TO GO THROUGH THE DOCUMENT THAT MISTER BRANDEL PREPARED.

UH, THAT STARTED WITH MR. WEIBEL'S CONCERN ABOUT THE EXISTING MAINLAND SO WE'VE GOT MULTIPLE SINKHOLES, WHICH I ASSUME EVERYONE AGREES DO EXIST ON MR. WEIBEL'S PROPERTY.

[INAUDIBLE] I'VE SEEN ONE.

ONE OF THEM. ONE OF THEM.

OKAY. ALL RIGHT.

WHEN THERE'S AN ABANDONMENT OF AN EXISTING MAINLAND MAINLINE TILE, WHAT IS THE STANDARD INDUSTRY PRACTICE? IS IT TO CUT IT OFF? IS IT TO CRUSH IT? BECAUSE IF THESE SINKHOLES APPEAR, IT SEEMS LIKE THERE WOULD BE SOME KIND OF STANDARD PRACTICE OF WHAT DO YOU DO WHEN YOU ABANDON A MAINLINE TILE? WELL, I HAVEN'T BEEN INVOLVED TOO MANY OTHER PROJECTS OUTSIDE NICOLLET COUNTY, BUT AND MAYBE NATE CAN HELP ME ON THIS ONE.

BUT ON THE 62A IMPROVEMENT, THERE WAS NEW COUNTY TILE PUT IN AND OLD COUNTY LINES THAT WERE ABANDONED THAT, UM, WERE NOT FILLED.

THEY WERE THEY REMAIN IN SERVICE AS PRIVATE UM LINES FOR THOSE LANDOWNERS AT THAT OLD TILE

[01:00:03]

CROSSES. AND UM, AFTER THAT PROJECT WAS APPROVED, THE LANDOWNER ASSUMED RESPONSIBILITY FOR MAINTENANCE AND REPAIR.

OR IF THEY WANTED TO CRUSH IT AFTERWARDS, THEY THEY COULD.

THAT'S BEEN MY EXPERIENCE HERE AT NICOLLET COUNTY.

CAN CAN I JUST ADD TYPICALLY THE STANDARD IS TO DISCONNECT IT AT ONE POINT PER PROPERTY.

THAT'S BEEN THE STANDARD AND THAT'S WHAT WAS DONE HERE.

OH WAS THERE IF I MIGHT JUST.

OH GO AHEAD PLEASE, PLEASE I CAN'T REMEMBER.

WE HAD A JOINT DITCH WITH SIBLEY COUNTY WHERE THEY DID THE SAME THING.

CORRECT. NATE? I'VE BEEN INVOLVED WITH TWO PRIOR ONES HERE.

GRAND SCALE OF AN IMPROVEMENT.

JUST REPLACE, FOR EXAMPLE, 5 TO 800FT OF COUNTY MAIN LINE TILE.

IN THAT SITUATION, WE DID THAT AS A REPAIR.

AND WHAT WE DID IS WE PUT A NEW LINE ADJACENT TO THE OLD LINE, AND WE CRUSHED THE OLD LINE, BROUGHT ANY EXISTING CONNECTIONS OVER INTO THE NEW LINE.

WE DID THAT ON SOME GRANT ANNEXED PROPERTY AS WELL AS DAVE [INAUDIBLE] PROPERTY.

THOSE ARE THE TWO THAT I'VE ADMINISTERED HERE.

I THINK THAT JOINT ONE, THEY DID THAT TOO.

THAT'S LIKELY THE CONVERSATION, HOW IT WENT IN SIBLEY COUNTY, BUT I WASN'T ON THE JOB TO KNOW EXACTLY HOW IT WENT.

YEAH, IT STICKS IN MY MIND, AND I ASSUMED THERE WAS NOTHING IN THE PLANS OR WHAT HAVE YOU, THAT ADDRESSED WHAT TO DO WITH THE LINE . JUST TO DISCONNECT IT AT THE AT WHAT WAS DONE TO DISCONNECT IT YEAH NOT TO CRUSH IT.

CONNECTED TO THIS TILE, THIS TILE THAT WE'RE TALKING ABOUT, THE 24 INCH THAT WAS DISCONNECTED.

AND WHEN YOU SAY DISCONNECTED, THE END WAS CUT OFF AND I'M ASSUMING FILLED WITH SPOIL OR AND SO IT'S GOT TWO ENDS THAT ARE CLOSED.

IS THIS CORRECT OR NO, OR IS THERE IS THERE ANY WAY TO WATER FLOWS FROM THIS TILE ANYWHERE? DOES THAT MAKE SENSE? I BELIEVE THE TILE IN QUESTION HERE IS CUT OFF AT THE TOWNSHIP ROAD AND THEN FLOWS WEST INTO THE OPEN DITCH, AND TIM HAS TILED ALL OF HIS PROPERTY AROUND IT, AVOIDING IT SO HE HAS NO TILE CONNECTED TO IT, AND IT'S SERVING HIM NO PURPOSE.

UNDERSTOOD THAT I UNDERSTAND THERE'S I CAN ADD, IF YOU LOOK AT THE MAP, THAT THAT IS WHAT WAS DONE AND EVERYTHING ON THE SOUTH SIDE.

THE SYSTEM PAID FOR A PRIVATE TILE TO CONNECT IN ALL OF MR. WEIBEL'S TILE TO MAKE SURE THAT IT WAS STILL WORKING.

BUT TO CLARIFY, I DID HAVE THAT TILE, THAT PURPLE TILE THAT'S IN THERE.

IT WAS AN EXISTING PILE.

WE WERE. YEAH.

SO WHAT THEY DID IS THROUGH THE WORK PROCESS, THEY NEEDED TO REPAIR MY EXISTING TILE.

SO YEAH, ALL APPLES FOR APPLES.

YEAH. SO ALL YOUR EXISTING TILE ARE RECONNECTED.

ALL OF THE ALL THE OTHER DRAINAGE IS FINE.

MY QUESTION IS AND I'M TRYING TO COMPLETELY, FULLY UNDERSTAND THIS, THE TILE THAT WAS ABANDONED IS IN THE GROUND.

IT'S CUT OFF ON BOTH ENDS.

THERE'S NOTHING FLOWING IN OR OUT OF IT ANYMORE OTHER THAN THE WATER THAT SOUNDS TO ME LIKE IT'S IT'S SINKING AND FILLING THE TILE WHAT GOES IN THERE.

BUT NO WATER FLOWS IN OR OUT OF THAT.

CUT OFF OR ABANDONED TILE, IS THAT CORRECT? IT I IT STILL IS FLOWING OUT INTO THE DITCH, I BELIEVE, KURT IT'S CUT OFF AT THE UPPER END AND MAYBE A LITTLE BIT OF WATER INFILTRATE AND FLOW THROUGH, BUT IT'S A VERY LARGE TILE, I THINK, 26 TO 28 INCH.

SO AS IT COLLAPSES, IT CREATES A LARGE CAVITY, AND THEN IT FLOWS OUT INTO THE DITCH.

SO IT CAN CONTINUE TO TAKE MATERIAL FROM THE GROUND.

IT'S CONTINUING TO SOMEWHAT DRAIN TIM TIM'S LAND DIRECTLY ABOVE IT AS IT GOES DOWN IN THEIR SOIL AND FALLS IN THERE, AND THE WATER ESCAPES THE WATER LEAVES THAT TILE, SO THIS WILL CONTINUE UNTIL SUCH.

I MEAN, THIS WILL CONTINUE.

IT'S I MEAN, I'M THINKING ABOUT IT'S TRYING TO SAY IF IT WAS CLOSED ON BOTH ENDS, IF THERE'S NO PLACE FOR THE WATER TO GO, THEN IT WOULD STOP LEAVING HOLES IN TIM'S FIELD.

CORRECT? I WOULD IT COULD STILL COLLAPSE.

IT WOULD IT WOULD PROBABLY BE LESS OF A HOLE BECAUSE IT WOULDN'T IT COULDN'T GO ANYWHERE.

BUT IT COULD, IT COULD STILL POTENTIALLY COLLAPSE.

[01:05:01]

YEAH, I GET THAT. BUT I MEAN I'M JUST TALKING ABOUT THE WATER FLOW, SO IT'S STILL SOMEWHAT DRAINING.

TIM, YOU'RE NODDING YOUR HEAD.

I MEAN, I DON'T KNOW IF YOU HAVE A COMMENT, I DO.

I THINK WHAT'S HAPPENING IS SO THIS EXISTING TILE, BOTH THESE TILES ARE ARE IN THE COUNTY DITCH WATER WHEN THE, WHEN WE HAVE A RAINFALL EVENT THAT BOTH THE NEW TILE THAT COMES UP TO THE DITCH AND THE OLD EXISTING TILE, I THINK WHAT WE'RE DOING IS WE'RE GETTING BACK PRESSURE FROM THE DITCH IN THE OLD TILE.

AND I THINK WE'RE ACTUALLY.

THE STRUCTURE OF THE OLD TILE IS JUST GETTING I THINK THAT PRESSURE FROM IS DOING THE OPPOSITE THING INSTEAD OF MOVING WATER THROUGH IT.

I THINK WE'RE GETTING BACK PRESSURE OFF THE DITCH.

AND IT'S I'M THINKING IT'S JUST FATIGUING IT THE OPPOSITE WAY OF WHAT THAT THAT TILE WOULD BE INTENDED TO HAVE THE PRESSURE COME FROM THE OUTSIDE TO THE INSIDE. AND NOW WE'RE DOING IT THE OPPOSITE WAY FROM THE INSIDE, PUTTING PRESSURE ON IT TO THE OUTSIDE.

AND THIS IS OLD TILE.

IT'S NOT NEW TILE THAT'S IN THERE.

I DON'T KNOW WHAT YEAR IT WAS PUT IN.

UM, MAYBE AL OR SOMEBODY COULD ANSWER THAT, BUT IT'S A IT'S AN OLD TILE THAT'S IN THERE.

AND I THINK THAT'S WHERE A LOT OF THE PROBLEMS ARE HAPPENING IS, IS THE DITCH.

AND IF THAT WOULD GET CLOSED UP AND, AND DO SOME TYPE OF TIER SYSTEM, BUT IT'S NOT GOING TO BE GOOD THE WAY IT IS.

COMMISSIONER MORROW YOU WERE HAVING I GUESS I'M WONDERING, I JUST NEED A BASIC LESSON HERE.

I THINK. MR. WEIBELS GIVE ME AT LEAST PART OF AN ANSWER.

IF NO WORK HAD BEEN DONE OUT THERE AT ALL, WOULD WE STILL BE SEEING THE SINKHOLES THERE? LIKE. OR IS THIS CONNECTED TO THE PROJECT? I'LL I'LL GIVE MY OPINION.

PART OF THE REASON FOR THE PROJECT IS THIS IS AN OLD UNDERSIZED TILE THAT WAS VERY SHALLOW.

WE WOULD HAVE WE WOULD HAVE HAD TO REPAIR IT AS A DRAINAGE AUTHORITY.

AND THEN IF I MIGHT FOLLOW UP, MR. CHAIR IS CAPPING IT AT THE OTHER END AS WELL, SOMETHING THAT WOULD POTENTIALLY ADDRESS THE CAUSE THAT MR. WEIBEL IS SURMISING.

I'LL GIVE MY OPINION AGAIN.

YES, IT WOULD HELP.

IT WOULD HELP. WE TYPICALLY LEAVE THEM DRAINING UNTIL THEY, YOU KNOW, BECAUSE MOST LANDOWNERS SAY YOU'RE GOING TO CAP THE END OF THIS TILE AND GIVE IT TO ME.

WHY ARE YOU'RE JUST GIVING ME NOTHING.

SO IN THIS CASE, YOU HAVE A LANDOWNER THAT SAYS I DON'T WANT IT, CAP IT.

AND THAT'S PROBABLY 90% OF THE TIME.

THAT'S NOT WHAT HAPPENS ON 62 WE CONNECTED MOST OF THEM AND GAVE THEM TO THE LANDOWNERS.

SO AND THAT'S WHERE I SAID CRUSHING IT OR CAPPING IT IN MULTIPLE SPOTS WOULD WOULD SOLVE THIS ISSUE.

IN MY OPINION, YOU COULD STILL HAVE SOME IT COULD STILL COLLAPSE.

I MEAN, IT'S THAT MUCH OF A PIPE SO SIMILAR COST TO CAPPING IT AS TO CRUSHING IT.

IN YOUR LETTER YOU TALKED ABOUT CRUSHING IT IN SEVERAL SPOTS.

SIMILAR. YEAH. YOU OPEN IT UP AND YOU, YOU CRUSH IT AND YOU POUR A BUNCH OF CONCRETE OVER IT.

TYPICALLY THEY USE SAKRETE AND THE MOISTURE IN THE GROUND SOLIDIFIES IT.

IT'S CAPPED. YOU COULD ALSO BRING OUT CONCRETE OR YOU COULD PUT A PHYSICAL CAP ON IT.

BUT BREAKING IT IS TYPICALLY THE BEST BREAKING A SECTION OF IT SO COMMISSIONER DRANTTEL.

HOW SHALLOW IS THIS OLD TILE? IN ITS SHALLOWEST SPOT, IT HAS 4 FEET 1,2,3 FEET OF COVER, 2 FEET OF COVER IN A COUPLE SPOTS . AT THE AT THE DITCH.

IT'S HIGHER BECAUSE THE DITCH HAS A BERM ON IT, BUT GENERALLY IT'S 3 TO 4FT, IN THE SHALLOWEST SPOT IT'S 2.

I HAVE ONE OTHER QUESTION.

I MEAN, IT MIGHT BE DIRECTED AT TIM.

I MEAN, I DON'T KNOW IF IT'S A TOUGH IT'S A TOUGH QUESTION.

SO AT AT SOME POINT IN TIME DURING THIS CONSTRUCTION OF THIS IS ALL DECIDED TO ABANDON THE TILE TO COUNTY TILE AT THAT TIME, DID YOU KNOW IT WAS GOING TO BE ABANDONED? AND I MEAN, DID YOU I MEAN, WHAT WAS THE WHAT WAS THE THOUGHT? I MEAN, IT SEEMS LIKE WE'RE COMING BACK AFTER THE FACT.

I MEAN, WHERE WAS THE DISCUSSION BEFORE THE FACT ON THE I DON'T I'M CONFUSED TO THAT THAT WELL.

I MEAN, I'M SOMEWHAT CONFUSED ON IT TOO, BECAUSE INITIALLY I THOUGHT WE WENT FROM ABANDONMENT TO LEAVING IT BECAUSE OF COST OF REMOVAL.

UH, IT WAS BROUGHT UP ABOUT I THOUGHT THAT CEMENT ACTUALLY HAD TO BE REMOVED FROM THE PROPERTY IF IT'S NOT BEING USED.

AND THEN THAT WAS THE ISSUE OF THE COST OF REMOVING THAT WHOLE CONCRETE STRETCH AND HAULING IT OUT TO A LANDFILL OR WHEREVER THEY TAKE THE CEMENT TO, AND THEN AND THEN AND THEN IT WAS STATED IN THE ABANDONMENT MODE.

BUT I'M NOT AN ENGINEER, AND I HAD NO IDEA THAT YOU JUST LEAVE SOMETHING OUT IN THE MIDDLE OF A FIELD.

[01:10:06]

AND WHEN IT'S PUBLIC PROPERTY ARE NOT PUBLIC PROPERTY, BUT IT'S PROPERTY OF LANDOWNERS AND A DITCH SYSTEM, AND THEN ALL OF A SUDDEN IT'S MY RESPONSIBILITY TO TAKE CARE OF SOMETHING THAT'S THERE WAS A REASON WHY WE'RE REPLACING IT.

IT'S IT'S FAILING AND IT'S GOING TO CONTINUE TO FAIL AND THEN TURN THE BURDEN ON OVER TO ONE LANDOWNER, THE PERSON WHOSE LAND IT RUNS UNDERNEATH.

THAT'S WHERE I REALLY STRUGGLE WITH THIS.

I THINK IT'S THE RESPONSIBILITY OF ALL THE INDIVIDUALS INVOLVED WITH THE DITCH SYSTEM TO HELP GET THIS CORRECTED, THAT I DON'T HAVE FUTURE ISSUES. DOES THAT ANSWER YOUR QUESTION, COMMISSIONER? MADAM ATTORNEY, THERE WAS I WANT TO JUST POINT OUT THE MATERIALS THAT ARE IN YOUR PACKET AND THEN ASK FOR CONSIDERATION OF MRS. KOPET TO TALK ABOUT SOME PRE-CONSTRUCTION MEETINGS THAT ALSO OCCURRED, THAT TALKED ABOUT WHAT WAS GOING TO HAPPEN WITH THE TILE IF THE PROJECT WENT THROUGH.

UM, IN THE MINUTES FROM THE DECEMBER 18TH OF 2018 MEETING, THERE WAS DISCUSSION THAT THE PROPOSAL MOVING FORWARD WAS TO ABANDON, UM, THIS PART OF THE DRAINAGE SYSTEM.

UM, SO THAT IS IN YOUR PACKET.

AND THEN MISS KOPET HAS LISTENED TO SOME OF THE PRE-CONSTRUCTION MEETING UM, MINUTES IF YOU OR RECORDINGS IF YOU WOULD WANT THAT INFORMATION FROM HER AS WELL. I THINK THAT WOULD BE A GOOD IDEA AND I APPRECIATE THE SUGGESTION.

MISS KOPET, WOULD YOU PLEASE COME FORWARD? THANK YOU, MR. CHAIR.

UM, IN REVIEWING SINCE THE LAST MEETING, WE DID REVIEW MINUTES BETWEEN MICHELLE AND MYSELF, AND I WENT THROUGH MY RECORDS LOOKING FOR ANY INDICATION OF WHAT WAS GOING TO BE DONE WITH THE TILE THAT WAS ABANDONED ON MR. WEIBELS PROPERTY.

UM, THE PRE-CON MEETING WAS HELD DURING COVID AND WAS A VIRTUAL MEETING, ALTHOUGH THERE WERE SOME PEOPLE IN THE OFFICE.

THE MEETING WAS SENT TO US AND RECORDED BY ISG.

SO I HAVE A COPY OF THE PRERECORDED OF THE MEETING THAT WAS HELD IN THAT MEETING.

THE, UM, WHAT I, WHAT I HEARD WAS THAT WHEN THE TILE WAS BROUGHT UP AND TALKED ABOUT AND MR. WEIBEL WAS PRESENT, I BELIEVE, AT ISG, AND I WAS, UM, WATCHING IT VIA ZOOM FROM MY OFFICE.

SO I WAS, I WAS LISTENING THAT WAY.

BUT DURING THE RECORDING, WHEN IT WAS BROUGHT UP, IT WAS TALKED ABOUT CAPPING IT AND THAT WOULD REMAIN ON HIS PROPERTY.

UM, AND NOT REMOVED.

UM, AND WOULD BE LEFT FOR THE OWNERS TO TAKE CARE OF.

SO THAT'S WHAT I WITNESSED ON THE ON THE RECORDING OF THAT.

SO YOU'RE SAYING THERE WAS VERBAL AGREEMENT DURING THAT MEETING? THERE WAS DISCUSSION.

I DON'T KNOW HOW I IT DIDN'T YOU KNOW, IT WENT ON AND THERE WAS DISCUSSION THAT IT APPEARED LIKE THERE WAS A IT APPEARED LIKE THERE WAS AN AGREEMENT THAT THAT TILE WOULD REMAIN ON THE PROPERTY.

OKAY. AND CAPPED OFF.

THANK YOU. SO AND I DID ACTUALLY CALL MR. WEIBEL AFTER I WITNESSED I VIEWED THAT TO SEE.

OKAY WE DID IT WAS TALKED ABOUT.

IT APPEARS LIKE THAT WAS THE AGREEMENT THAT WAS MADE.

WAS THERE SOMETHING THAT CAME ABOUT AFTER THAT MEETING THAT WE WEREN'T AWARE OF, THAT MAYBE THAT CONVERSATION CHANGED AND, UM, WE DIDN'T REALLY COME TO ANY AGREEMENT OF ANYTHING ELSE THAT HAPPENED.

BUT I DID LET HIM KNOW ABOUT WHAT I DID HEAR ON THE VIDEO.

ANYTHING ELSE THAT YOU'D LIKE TO ADD? THAT'S IT. IF I MAY, COMMISSIONER ZINS.

JACI'S AVAILABLE.

A QUESTION I HAVE IS REGARDING, UM, TIM'S DISCUSSION ABOUT THE $50,000 BILL THAT HE'S RECEIVING ON THIS PROJECT.

UM, CAN YOU ELABORATE MORE ON HOW THAT AMOUNT WAS ARRIVED AT? YEP. UM, AND TIM IS RIGHT.

HE DOESN'T GET.

LET ME GRAB MY MY PAPERWORK OUT.

HE DOESN'T GET ANY BENEFITS TO THE IMPROVEMENT PORTION OF THE PROJECT.

AND SO, UM.

MAYBE IT'S IN THE BACK.

THAT'S ALL RIGHT. UM, SO THERE'S 3 AREAS THAT THAT THE, THE THEY HAVE BEEN PROVIDED WITH ESTIMATE BILLS.

IF WE MOVE AHEAD WITH THE PROJECT AND THE PROJECT IS LEVIED, UM, THERE'S 3 AREAS.

THERE'S THE UM LEVY BEFORE BEFORE THE IMPROVEMENT BECAUSE IT HASN'T BEEN LEVIED SINCE 2018.

[01:15:08]

SO THERE'S AN EXPENSE OUT THERE OF, OF MONEY THAT GOES TO ALL LANDOWNERS.

THERE'S ALSO THAT FUTURE REPAIR FUND THAT WE'RE PLANNING FOR, WHICH IS $40,000 OUT OF THE FINAL IMPROVEMENT COST OF $623,000.

A PORTION OF THAT IS IMPROVEMENT, AND A PORTION OF THAT IS CALLED SEPARABLE MAINTENANCE.

THE PEOPLE THAT THAT ARE, UM, IMPROVED OR BENEFIT FROM THE IMPROVEMENT WILL GET CHARGED FOR THAT IMPROVEMENT PART.

AND EVERYBODY PAYS INTO SEPARABLE MAINTENANCE AS BASICALLY A REPAIR.

SO HE'S CORRECT.

HE'S NOT PAYING.

IT DOES. THE IMPROVEMENT ITSELF DOESN'T BENEFIT HIM.

BUT THE SEPARABLE MAINTENANCE HE BY STATUTE IS A PART OF PAYING AS WELL AS THE COSTS BEFORE THE IMPROVEMENT.

AND THEN THE FUTURE REPAIR FUND FOR AFTER HE'S RESPONSIBLE FOR THOSE COSTS.

SO DOES THAT EXPLAIN THAT? I THINK SO. UM, SO IF IF WHAT I'M HEARING YOU SAY IS, LET'S JUST ASSUME THAT THAT TILE WASN'T, YOU KNOW, THE OTHER TILE WE'RE TALKING ABOUT THAT NEEDS TO BE CRUSHED ISN'T ON TIM'S PROPERTY OR THIS GOES THROUGH.

HE WOULD STILL BE ASSESSED A $50,000 BILL FOR THIS WHOLE? DEPENDING ON HIS BENEFITS BASED ON LOCATION.

SO, I MEAN, WE'RE KIND OF MOVING LOCATION.

SO IF, UM, SO BASED ON WHAT THE VIEWERS HAVE, UM, DETERMINED AS THE BENEFITS THAT HAVE ALREADY BEEN APPROVED, THERE'S, UM, IMPROVEMENT BENEFITS. AND SO HE DOESN'T HAVE ANY IMPROVEMENT BENEFITS, BUT HE DOES HAVE TOTAL BENEFITS IN THAT SYSTEM.

AND THAT'S WHAT THE $50,000 IS FOR.

NOT THE IMPROVEMENT.

NOT THE IMPROVEMENT PART.

NO. INSEPARABLE MAINTENANCE.

ARE YOU FAMILIAR WITH THAT, OR DO YOU WANT A LITTLE BRIEF? I'LL JUST GIVE YOU MY BRIEF LITTLE JUST EXPLANATION OF WHAT IT IS.

BECAUSE I'M NOT GREAT IN THE TILE WORLD.

BUT LET'S JUST SAY YOU'RE REPLACING A 10 INCH TILE WITH A 12 INCH TILE.

THE 10 INCH TILE EXPENSE IS IS THE SEPARABLE MAINTENANCE BECAUSE THAT'S WHAT IT WAS, THE 2 INCH EXPENSE THAT NOW INCURRED.

THAT'S THE IMPROVEMENT PART OF IT.

SO THAT PORTION OF THAT TILE REPLACEMENT OF THAT 2 INCHES, OR WHATEVER IT MAY BE, IS CALLED SEPARABLE MAINTENANCE.

SO EVERYBODY PAYS IN REPLACING WHAT IT WOULD HAVE BEEN LIKE EXISTING.

SO THE IMPROVEMENT PART IS JUST THE COST ABOVE AND BEYOND WHAT IT WAS TO REPLACE THE ORIGINAL.

THAT'S A VERY SIMPLIFIED VERSION.

MR. CHAIR, IF I MIGHT, COMMISSIONER [INAUDIBLE] I HAVE ONE MORE QUESTION.

IT MIGHT BE NOT RELATED TO THIS.

OKAY. SO THE OTHER QUESTION I HAVE IS JUST, UM, ABOUT THE SEIBEL AND DOMEYER PROPERTY IN TERMS OF THE PRIVATE OUTLETS THAT WERE NOT REPLACED, HOW MANY? IT SOUNDS LIKE THERE'S THERE WAS A LOT OF THEM, BUT THERE'S ONLY BUT A FEW THAT THEY DIDN'T HAVE REPLACED.

AM I AM I CORRECT ABOUT THIS OR HOW MANY ARE WE TALKING ABOUT? OR AT LEAST ON THEIR PROPERTY? 19 ALL TOTAL.

BUT THEIR PROPERTY I BELIEVE, IS ONLY 3.

SO THEY'RE HERE ASKING FOR THE REPAIR OF THOSE 3 THE OTHER 19 NOBODY'S EXPRESSING CONCERNS ABOUT.

IS THAT CORRECT? I'M THINKING THE 3 THAT THEY'RE TALKING ABOUT IS PART OF THE 19 ARE PART OF THE 19.

OKAY. BUT THERE'S.

16 MORE OUT THERE THAT ALSO POSSIBLY NEED TO BE REPAIRED.

THERE'S TWO DIFFERENT THINGS I THINK THERE, IF I MAY COMMISSIONER I THINK FOLKS ARE AGREEING THEY NEED TO BE REPAIRED, WHETHER SOMEBODY CAME FORWARD OR NOT, BECAUSE THE EROSION IS CLEAR.

IS THAT FAIR TO SAY, MR. GREENWOOD? YEAH. THE QUESTION THE REAL QUESTION IS, THOUGH, WHOSE RESPONSIBILITY ARE BECAUSE THE RESPONSIBILITY WHAT I'M HEARING IS THEY TYPICALLY THE TYPICAL SCENARIO IS THAT PRIVATE TILES ARE THE RESPONSIBILITY OF THE PRIVATE LANDOWNER.

HOWEVER, THERE WAS A PRECEDENT AND THERE WERE SOME OF THESE THAT HAVE BEEN REPAIRED ON A PROJECT LIKE THIS, BUT THESE HAVE NOT IS THAT ACCURATE ? YEAH. IF I, IF I MIGHT TRY AGAIN, UH, IN OTHER DITCH PROJECTS WHERE THIS HAS OCCURRED.

NOT MANY TO MR. GREENWOOD'S EXPERIENCE BECAUSE HE HASN'T HAD THAT EXPERIENCE BUT THEY WERE INCLUDED.

THE PRIVATE DITCH OUTLETS WERE INCLUDED IN THE PLANS INCLUDED IN THE BID PROCESS AND WE'RE TAKING CARE OF.

HERE AT THE FRONT END THE PRIVATE DITCH OUTLETS WERE INCLUDED AT A LATER PART IN THE FDR, BUT THEN WHEN WE GET TO THE SPECS AND THE BID, THEY'RE NOT THERE

[01:20:09]

ANYMORE, CORRECT? SOMEWHERE THEY DISAPPEAR, SOMEWHERE THEY DISAPPEAR.

BUT AS MR. BRANDEL SAID, IT MAY HAVE BEEN A COST DISCUSSION AMONGST SOMEBODY.

UH, NEITHER MR. GREENWOOD NOR OR MR. HENRY SAY THEY WERE IN THAT DISCUSSION.

MR. GREENWOOD. CORRECT.

UM, I WAS LOOKING AT THE FDR IN THE FDR.

SLIDE THAT MIC OVER.

IN THE FDR, AND I'M JUST RUNNING OFF MEMORY FROM ME LOOKING AT STUFF YESTERDAY THERE WAS TWO OPTIONS.

ONE INCLUDED A POND.

I THINK THAT WAS OPTION TWO.

ANOTHER ONE WAS OPTION ONE DIDN'T INCLUDE A POND.

AND I THINK OPTION ONE, BECAUSE WE DIDN'T BUILD A POND HERE, WAS PICKED.

AND LOOKING AT WHAT THE BENEFITS EXCEEDING THE COST, I THINK IT WAS LIKE $106,000.

WELL, YOU START LOOKING AT $37,000 TO FILL MR. WEIBEL'S TILE. YOU LOOK AT $35,000 OF FIXED PRIVATE TILE OUTLETS.

I MEAN, THERE'S $70,000 OF COST RIGHT THERE THAT WOULD COME OFF THOSE BENEFITS.

SO I THINK YOU ALMOST HAVE TO GO WAY BACK IN THE BEGINNING AND PIECE YOUR WAY THROUGH TO SEE HOW COST BENEFITS ON VARIOUS, YOU KNOW, ASPECTS OF THE PROJECT PLAY INTO THE PROJECT BEING FEASIBLE.

AND I THINK THAT DICTATES CERTAIN DECISIONS.

WHAT WAS ADDED AND TAKEN, YOU KNOW, WHAT WAS POTENTIALLY REMOVED AND HOW WE ARE AT THIS, THIS POINT.

I DON'T KNOW IF THAT HELPS AT ALL.

AND IT MUDDIES THE WATER, PROBABLY, MR. CHAIR. OKAY, I'M GOING TO TRY TO GO THROUGH A LITTLE SYSTEMATICALLY.

BACK TO MR. GREENWOOD'S POINT.

WE HAVE FOUR ITEMS IN THIS LETTER, PLUS A FIFTH ITEM THAT WAS JUST BROUGHT UP TODAY ABOUT THE FLOW AT THE EAST END AND THE LAKE.

AND, UH, THAT WAS THE FIRST I HAD HEARD ABOUT A FLOW ISSUE.

THE FIRST ONE WE'VE TALKED ABOUT, I'M GOING TO SAY EXTENSIVELY, MR. WEIBELS EXISTING MAINLAND. THE SECOND ONE CONCERNED ROCKS AND REMOVAL ON MR. GIZIKIS PROPERTY.

AND MR. BRANDEL IN YOUR LETTER YOU SAY, I NEED SOME DOCUMENTATION THAT THIS WAS DONE.

IS THAT CORRECT? THAT'S CORRECT.

BECAUSE I DON'T I CAN'T FIND ANYTHING ON IT.

AND IF AND AND JUST IN THE PAST, A ROCK PILE HAS BEEN REMOVED FOR $500 OR LESS.

SO IT'S A IT'S A SMALL ITEM, BUT STILL, THAT'S I'M JUST BASED ON OUR BID, WHAT WE'VE SEEN.

OKAY. SO PLEASE, WHERE THE HELL DID THEY COME FROM? I MEAN, THAT WASN'T A SMALL PILE OF ROCKS.

THEY HAD TO COME FROM SOMEWHERE THEY DIDN'T GROW.

I DON'T EVEN KNOW IF IT WAS THERE.

I DIDN'T KNOW IF ONE WAS THERE.

OKAY. SORRY. UH, WOULD YOU LIKE TO ANSWER THAT QUESTION? UH, COULD YOU PLEASE COME FORWARD SO WE CAN HEAR YOU? EL SCHMITT, SAME ADDRESS, 39243 561ST AVENUE.

THOSE ROCKS ARE LAYING ON THE SLOPE OF THE DITCH RIGHT NOW [INAUDIBLE] THOSE ROCKS ARE LAYING ON THE SLOPE OF THE DITCH RIGHT NOW.

SO IF YOU DIDN'T FIND EVIDENCE OF ROCKS, THEY'RE THERE.

I JUST DROVE THROUGH THERE.

FRIDAY. AND THOSE ROCKS ARE ON THAT SLOPE.

THERE'S NO GRASS GROWING THERE.

YOU CAN VERY YOU CAN SEE THEM THERE PLAIN AS DAY.

THEY'RE BIGGER THAN POTATOES.

IF WHERE THEY CAME FROM I DON'T KNOW.

YEAH. NO, I DON'T THINK WE'RE DOUBTING THAT THE ROCKS ARE THERE.

I THINK, MR. BRANDT, IN DEFERENCE IN TO WHAT MR. BRANDEL IS SAYING, GIVE ME SOMETHING THAT SHOWS ME THAT THOSE ROCKS WERE LEFT THERE AND THAT AN INDIVIDUAL MOVED THOSE ROCKS AND INCURRED AN EXPENSE, WHICH MR. BRANDT SAID, YEAH, IF YOU CAN GIVE ME SOME DOCUMENTATION TO SHOW ME THIS, THEN WE CAN TALK ABOUT GETTING YOU REIMBURSED FOR THAT REMOVAL.

I THINK THAT'S WHAT AND I'M HEARING YOU, MR. RANDALL, SAY THAT MAYBE IT'S AROUND $500.

I'M NOT HOLDING YOU TO THAT DOLLAR AMOUNT.

[INAUDIBLE] MADAM ATTORNEY? UM, WHAT IF WE GET DOCUMENTATION NEXT WEEK OR TOMORROW? THAT. YES, HE DID THE WORK.

MR. BRENNAN SAYS. OH, YEAH.

MR.. UH, MR. GIZYCKI REMOVED THOSE ROCKS [INAUDIBLE] SHOULD BE REIMBURSED FOR $500.

DOES THAT AFFECT WHAT WE DO TODAY? DO WE FORECLOSE MR. GIZYCKI COLLECTING IF WE TAKE SOME ACTION TODAY? THE REQUEST FROM ISG IS TO COMPLETELY CLOSE OUT THE PROJECT TODAY, AND SO IN THEORY, IT WOULD IN FACT PRECLUDE ANY SUBSEQUENT EXPENSES FROM BEING CHARGED TO THE IMPROVEMENT.

AND SO I THINK PART OF THIS CONVERSATION THAT IS OCCURRING IS DO WE DO SOME OF THIS AS A REPAIR WHICH WOULD NOT IMPACT CLOSING OUT THE PROJECT,

[01:25:08]

OR IS THE BOARD GOING TO DO ORDER THAT THIS IS PART OF THE IMPROVEMENT PROJECT ITSELF? IF I MAY, UM, IT'S MY UNDERSTANDING OF WHAT MR. GIZYCKI WAS TALKING ABOUT, WHERE ROCKS THAT WERE LEFT IN THE TILLABLE BECAUSE HE HAD TALKED ABOUT AN EXPENSE WHERE HE WAS RUNNING HIS RIPPER AND GOT A BIG ROCK CAUGHT IN HIS RIPPER. SO ARE WE TALKING ABOUT TWO DIFFERENT SETS OF ROCKS? YOU KNOW, I MEAN, SO HIS I THINK AS I UNDERSTAND IT, HIS COMPLAINT OR HIS CONCERN WERE ROCKS THAT WERE LEFT IN THE FLAT PART OF THE TILLABLE GROUND WHICH HE HIT WITH HIS MACHINE. NOW, WHETHER THOSE WERE ROCKS, LIKE ALL OF THEM, JUST THAT JUST KEEP COMING UP FROM UNDERNEATH.

AND FINALLY IT GOT TO WHERE IT HE GOT, GOT IT WITH THE RIPPER OR IF IT WAS A LEFTOVER FROM THE PROJECT AND WHAT CHUCK IS SUGGESTING, HE DOESN'T SEE ANY EVIDENCE THAT IT WAS LEFT OVER FROM THE PROJECT BECAUSE IT WASN'T ON THE ON THE DRONE FOOTAGE.

AND DID IT JUST COME FROM THE GROUND? NO, I DON'T THINK COMMISSIONER I DON'T THINK THAT'S QUITE WHAT MR. BRANDEL IS SAYING. MR. BROWN'S SAYING, I DON'T KNOW, BECAUSE I DON'T HAVE ANY EVIDENCE OF THAT SUPPORTS THE CLAIM.

HE'S NOT SAYING THERE IS NO CLAIM.

CORRECT. HE'S SAYING, GIVE ME SOMETHING, WHICH I'M GOING TO SAY.

YES, SURE. THAT'S A REASONABLE REQUEST.

SO WE COULD CLOSE THIS OUT.

WE COULD MAKE THIS A REPAIR ITEM ON MR. GIZIKIS BENEFIT. IF THERE'S APPROPRIATE DOCUMENTATION, I WANT TO KNOW WHO PAYS FOR THAT, THAT REPAIR.

SO REPAIRS ARE SPREAD ACROSS ALL BENEFITED LANDOWNERS ON ON THE PROPERTY IMPROVEMENT EXPENSES ARE SPREAD TO THOSE WHO BENEFIT FROM THE IMPROVEMENT.

SO, MADAM ATTORNEY, IF I MIGHT, IF, LET'S SAY JENSEN IS MISTAKENLY LEFT THAT ROCK PILE THERE AND MR. GIZYCKI REMOVED IT AT A COST OF X, OR MR. GIZYCKI SUSTAINED DAMAGE TO EQUIPMENT BECAUSE OF JENSEN'S FAILURE.

IT'S STILL THE DITCH THAT PAYS FOR IT.

IF THERE'S DOCUMENTATION ASSOCIATED.

YES. OKAY.

TO MOVE US FORWARD.

IF I MISS GERALD, GO TO THE THIRD ITEM.

THE THIRD ITEM WAS.

YES, MR. SCHMITT.

THE ROCK STILL SHOULDN'T BE ON THE INSIDE SLOPE OF THAT DITCH.

UM, SO THAT'S MORE COST TO REMOVE THEM.

AND I SHOULD BE, I AGREE, IF THEY IF THEY WERE THERE AND THEY WERE BROUGHT UP, WE WOULD HAVE MADE JENSEN REMOVED THEM IF WE THOUGHT THEY WERE THEIR FAULT.

SO I AGREE WITH THE END OF YOUR SENTENCE.

WE ALREADY HAVE WATER SITTING ON THAT END OF THE DITCH NOT FLOWING.

WE DON'T NEED MORE ROCKS ROLLING DOWN IN THERE.

OKAY? WE NEED THAT.

OKAY. [INAUDIBLE] THERE'S A THE THIRD ITEM I BELIEVE MR. RANDALL IS ABOUT MR. SIEBEL'S PROPERTY.

YES. AND, UM, YOU KNOW, THE AGAIN, MY STAFF SHOWED A PICTURE OF AN 8 INCH WITH A 12 INCH OVER IT.

UM, THE LANDOWNER IS SAYING THAT THAT'S NOT THE SAME TILE.

I DON'T KNOW, THAT'S.

I'M TRUSTING THAT THAT WAS WHAT MY WHAT WAS FIXED WAS THAT TILE THAT THEY HAVE A PICTURE OF.

AND YOU'RE SHAKING YOUR HEAD? NO, SIR. YES.

ON YOUR PICTURE YOU CAN SEE THAT THE RIP WRAP WAS PLACED AROUND THAT ALREADY.

THAT'S A PRIVATE OUTLET THAT SHOULD HAVE BEEN REPLACED.

THAT'S NOT THE COUNTY TILE.

THAT IS A PRIVATE OUTLET.

THEY HAD THE THE FABRIC WRAPPED AROUND IT ALREADY.

WE NEVER HAD THAT ON THERE.

SO THEY TOUCHED IT, TRIED TO FIX IT WITH WHAT THEY HAD WITH A BROKEN ONE.

AND THAT'S NOT THE COUNTY TILE.

I JUST TOOK A PICTURE OF IT THIS MORNING.

IT'S ON MY PHONE.

IT'S STILL BROKEN OFF.

NO RIP WRAP LAYING THERE.

BUT THAT'S NOT COUNTY TILE.

THAT'S PRIVATE.

YEAH, THAT'S THE PRIVATE TILE.

THAT'S ONE OF MY OUTLETS.

UM, GOT A CONCERN ABOUT THAT SHOULD HAVE BEEN REPAIRED.

BECAUSE WHAT I DON'T UNDERSTAND ARE PARCEL LAND ON THE NORTH SIDE OF THAT DITCH.

THERE'S 3 OUTLETS.

WE GOT SIX TOTAL.

3 OF THEM GOT REPLACED, AND 3 OF THEM DIDN'T.

SO IT WAS A COST ISSUE.

WHY DID 3 OF THEM GET REPLACED AND NOT THE OTHER 3? THAT'S MY CONCERN, MR. BRANDEL, I DON'T KNOW.

I MEAN, I'VE GOT DOCUMENTATION FROM OUR STAFF SAYING THAT A 10 INCH WAS PUT OVER THE TOP OF THE 8 INCH FOR THAT TILE, FOR THE FOR THE COUNTY TILE. THAT'S ALL I SEE.

SO THIS IS THE SAME, SAME SERVER IN THE BACK.

YEAH. BUT THAT'S NOT COUNTY TILE.

SO YOU'RE SAYING THIS IS THE WRONG PICTURE? I GUESS BECAUSE UH, THERE IF IT GOT FIXED THERE WAS NEVER THAT THAT GOT FIXED.

[01:30:08]

THAT 8 INCH DIDN'T GO IN THERE.

THE COUNTY TILE OR A 10 INCH, THERE IS A 10 INCH THERE.

BUT THIS IS PRIVATE.

SO YOU CAN SEE HOW IT'S GOING TO ERODE AWAY AT DITCHES.

ANY OTHER COMMENTS, JERRY, OR ANY OTHER ITEMS THAT YOU'D LIKE TO BRING FORWARD AT THIS TIME? BECAUSE IT'S FEELING LIKE TO ME, WITH ALL THESE UNANSWERED QUESTIONS, THAT THIS MAY HAVE TO BE CONTINUED.

SO, MR. CHAIR, YEAH, I'M TRYING TO REALLY KIND OF WRAP THIS UP BECAUSE I THINK.

I'M SORRY, MR. SCHMITT. I DON'T KNOW HOW WE FINISHED THIS TODAY.

I DON'T WANT TO COME BACK BACK HERE FOR ANOTHER MEETING ANY MORE THAN YOU DO, SIR.

AND I DO HEAR WHAT YOU'RE SAYING.

BUT WE HAVE AT LEAST THIS ISSUE.

WE HAVE A POTENTIAL DOCUMENTATION ISSUE FROM MR. GIZYCKI. UH, WE HAVE THE 19, UH, OUTLETS, THE PRIVATE ONES, WHICH WE'VE TALKED ABOUT WHAT TO DO WITH THAT.

THEN, SIR, YOU MENTIONED A, UH, FLOW ISSUE.

AND IF YOU WANT TO KIND OF RESTATE MR. SCHMITT, YOU MENTIONED THERE'S A CONCERN THAT WATER IS NOT FLOWING AS IT'S SUPPOSED TO FLOW.

CORRECT? WELL, THERE'S WATER STANDING AND IT'S PRETTY WIDE ON THAT END.

I MEAN, THERE'S WATER STANDING THERE.

[INAUDIBLE] DOES THE WATER THAT'S STANDING IN THE BOUNDARIES OF THE THIS PROJECT OR IS THIS OUTSIDE THE PROJECT? NO, THIS IS INSIDE THE PROJECT.

INSIDE THIS IS PART OF THE DITCH.

AS A DITCH COMES TO AN END THERE.

AND WE DEEPENED IT ALL THE WAY BECAUSE IF IT WAS OUTSIDE THE PROJECT, I WOULD JUST HAVE NATE COME OUT AND TAKE A LOOK AT IT, AND WE WOULD WRITE A DITCH REPAIR POTENTIALLY IF IT NEEDED CLEANING. BUT IF IT'S PART OF THE PROJECT, IS IT IN THE DITCH OR ON THE ON TOP OF THE DITCH? IN THE DITCH. OKAY.

BECAUSE THERE HAS BEEN SOME SLOUGHING THAT'S OCCURRED FROM HEAVY RAINS AFTER THIS.

SO I'M JUST I'M I'M AWARE OF THAT.

I'M OF WHAT, MR. SCHMITT. YOU'RE AWARE OF IT.

YEAH. YEAH.

WHEN WILL IT GET TAKEN CARE OF? I'LL HAVE TO LOOK AT IT.

YEAH. WELL, MR. CHAIRMAN, WHAT IS WHAT DOES THE BOARD THINK ABOUT ALL THESE THINGS GOING ON? WHAT IS, UH, WHAT DO YOU WANT TO HAPPEN? AS MY WIFE TELLS ME, I RARELY GET WHAT I WANT TO HAPPEN, BUT AND I'M ONLY ONE OF FIVE PEOPLE UP HERE.

WHAT I WANT ARE ANSWERS THAT HELP DIRECT A DECISION.

ANSWERS THAT REFLECT THE AGREEMENTS THAT WERE MADE.

ANSWERS THAT RESOLVE ISSUES THAT LANDOWNERS INDIVIDUALLY HAD OCCUR ON THEIR PROPERTY.

I DON'T KNOW THAT THE ANSWER IS ALWAYS GOING TO BE THE ANSWER THAT AN INDIVIDUAL MAY WANT TO HEAR.

BUT TO YOUR POINT, LET'S MAKE LET'S GET THE ANSWERS SO WE CAN MAKE THE DECISIONS SO WE CAN FINISH THIS PROJECT.

AND I FEEL BAD BECAUSE I WAS ONE OF I THINK WE STILL HAVE SOME QUESTIONS THAT HAVE NOT BEEN ANSWERED.

I'M GOING TO TURN TO OUR COUNTY ENGINEER, MR. GREENWOOD. DO WE HAVE QUESTIONS THAT HAVE YET TO BE ANSWERED? SEEMS TO BE.

TIM, WHAT DO WE NEED TO DO? WELL, ON YOUR END, WE GOT TO GET THAT THAT TILE FIXED.

CAN WE BREAK THEM? WHAT I WANT IS ON THE END OF THE ON THE DITCH END.

I WANT THAT SECURED WITH CEMENT.

THAT WATER CAN'T PUSH BACK.

IT WOULD FILL. IT GETS THAT POTENTIAL WITH PRESSURE THAT IT COULD PUSH BACK.

BREAK IT EVERY CHUCK HOW MANY FEET DO YOU HAVE TO BREAK STUFF TO KEEP IT? BUT IN YOUR OPINION, HOW MANY FEET? I MEAN, THIS THIS IS A BIG TILE.

MY THOUGHT WAS IF YOU IF YOU DID EVERY 3 TO 400FT, YOU'D GET IT'S NOT GOING TO IT'S NOT GOING TO CONTINUE TO BE A PROBLEM.

DO IT EVERY 300FT CEMENT THAT END BY THE DITCH SHUT.

BREAK IT EVERY 300FT.

YOU'RE ON A ROLL. KEEP GOING.

BUT, YOU KNOW, GET THE OUTLETS FIXED.

HOW MANY ARE THERE THAT AREN'T FIXED? I HAD 19 THAT ARE NOT.

YEAH, BUT THAT INCLUDES THE REPAIR AREA THAT WAS JUST CLEANED.

BOY, MOST OF THEM ON MY SIDE WERE FIXED, REPAIRED, REPLACED, AND EVEN THE INTAKES.

WELL, THERE WERE INTAKES THAT WERE ADDED BECAUSE THERE WAS NEW GRADING.

SO THAT MAY BE THAT I GUESS MY OUTLETS ARE FINE.

WHAT ABOUT TRAVIS'S? HOW MANY DO YOU GOT THAT NEED? 3 ONLY. HOW MANY? 3 ONLY. NOW, WE WENT FROM 19 DOWN TO 3.

[01:35:04]

IS THAT A BIG BILL? WE NEED SOME DIRT DIPPED OUT OF THE DITCH SO THE WATER FLOWS.

THE AVERAGE PRICE FOR THOSE ARE AROUND $1,500.

IT DEPENDS ON THE SIZE.

MR. SCHMITT, I LIKE THE DIRECTION YOU'RE TAKING US HERE.

I AM CONCERNED THAT THERE ARE OTHER LANDOWNERS WHO HAVEN'T COME HERE BUT SAY NO OUR STILL NEEDS TO BE REPAIRED.

WE MAY IT MAY BE INCUMBENT UPON US TO SAY, EVEN THOUGH YOU DIDN'T COME TO THE MEETING, WE KNOW THAT YOU HAVE THE SAME DAMAGE.

THEREFORE, WE SHOULD DO THOSE AS WELL.

I DON'T KNOW THAT I'M COMFORTABLE SAYING IT'S JUST THE ONLY.

THE 3. [INAUDIBLE] I WANT TO KEEP HIS MOMENTUM GOING.

IS SOMEBODY GOING TO GO OUT THERE WHEN THEY'RE FIXING THESE 3 AND AND LOOK AND SAY OR BEFORE THAT AND SAY, IF YOU'RE GOING TO DO THOSE 3, YOU DO THESE OTHER 2 OR 3 OR 4 ALSO THERE AREN'T THAT MANY.

I NATE, HAVE YOU VIEWED ANY OF THOSE OTHER 16.

ARE THERE ARE THERE SOME THAT DON'T NEED ADDRESSING THAT ARE.

I'VE LOOKED AT THE TILE OUTLETS ON SEIBEL'S PROPERTY.

I HAVE NOT VIEWED ALL THE OTHER OUTLETS ON THE DITCH.

I KNOW [INAUDIBLE] THEY NEED TO BE REPLACED.

UH, THEY NEED TO BE FIXED.

THAT I KNOW BECAUSE I RAN ACROSS.

I WAS GOING TO OFFER WE WE'VE GOT SOME DRONE FOOTAGE FROM THIS YEAR.

I COULD REVIEW IT SAY, I THINK IT'S THIS MANY.

SEND THAT THOSE PICTURES TO NATE AND HE COULD CONFIRM THAT THAT'S ALL HELP.

OKAY, SO WE GET A NUMBER.

YEAH. WE NEED TO GET THE NUMBER.

AND THEN I WOULD ALSO OFFER IF ANYBODY HAS.

OKAY. ARE ALL THESE MR. GREENWOOD REPAIR ITEMS? THAT WAS GOING TO BE ONE OF MY QUESTIONS, COMMISSIONERS IS THE BOARD GIVING EXPLICIT DIRECTION THAT THESE WILL BE REPAIRED? UM, USING DITCH SYSTEM FUNDS? THE $75,000, IF IT'S ALL 19 AND THE CRUSHING.

SO, MADAM ATTORNEY, WHAT ARE YOUR RECOMMENDATIONS HERE? WELL, MR. CHAIR, WHAT I'M HEARING COMMISSIONER MORROW SAY IS THAT THERE'S QUESTIONS THAT HE FEELS AND I THINK CONSENSUS IS THERE'S QUESTIONS THAT NEED ANSWERS BEFORE AN INFORMED DECISION CAN BE MADE BY THE BOARD.

IT WOULD ALSO ALLOW FOR FURTHER CONSIDERATION ABOUT WHAT MIGHT BE PART OF AN IMPROVEMENT PROJECT, AND WHAT MIGHT BE PART OF A REPAIR.

WHAT I HEARD SAY EARLIER, AND I WANT TO MAKE SURE THAT WHAT I HEARD WAS ACCURATE, THAT THE PRIVATE TILE OUTLETS WERE INCLUDED ORIGINALLY IN THE PROJECT, IN PART BECAUSE THE DITCH SLOPE WAS ALSO BEING IMPACTED BY THE IMPROVEMENT PROJECT.

SO IT WAS A COMBINATION VERSUS AN INDEPENDENT EXPENDITURE OF FIXING AN OUTLET.

UM, THERE WAS A CAUSAL RELATIONSHIP.

IF THAT IS ACCURATE, THEN THAT WOULD HELP INFORM THE ADVICE AT THE NEXT MEETING, IF THAT'S WHAT THE BOARD DECIDES TO DO.

IF THEY'RE INDEPENDENT, THAT'S ONE ISSUE.

IF IT'S A CAUSAL IMPACT, THEN THAT'S ANOTHER.

THAT COULD BE ANOTHER CONCLUSION FOR THE DRAINAGE AUTHORITY TO REACH.

OKAY. IS THERE A MOTION TO CONTINUE THIS? SO MOVED. DO YOU HAVE A DATE FOR US MRS. KOPET? WE DON'T HAVE A SECOND YET.

LET'S HAVE HER, SECOND.

ALL RIGHT, MISS KOPET, IF YOU COULD RECOMMEND A DATE TO CONTINUE THIS CONVERSATION ON THE FINAL ACCEPTANCE HEARING, WHICH SEEMS TO HAVE A NEW LIFE TODAY.

UM, I MIGHT ASK, IS THERE HOW LONG DO DOES ISG NEED ANY PREPARATION TIME? I MEAN, I NEED TO GET I'VE ALREADY GOT A COST FOR THE THE WEIBEL PROPERTY, THE GIZYCKI PROPERTY.

IF I CAN GET A HOLD OF HIM AND HE CAN GET HIS DOCUMENTATION, THAT'S PROBABLY THE BIGGEST HOLDUP.

UM, THE OTHER ONES WILL NOT TAKE VERY LONG AT ALL.

I MEAN, WE GOT TO GO OUT AND VERIFY THAT THE BRANCH 2 TILE.

BUT IF WE'RE GOING TO REPAIR THAT, THEN THAT TAKES CARE OF THAT ISSUE.

[01:40:02]

SO WE MEET ON THE 14TH AND THE 28TH OF NOVEMBER.

UH, I DON'T KNOW IF THERE'S ANY OTHER HERE.

I DON'T HAVE ANY OTHER HEARINGS THOSE DAYS.

IT WOULD BE GOOD IF THERE COULD BE SOME AGREEMENT THAT COMES TO WHATEVER DATE WE COME TO, WHETHER IT BE THE 14TH OR THE 28TH, THAT THESE ISSUES THAT WERE PRESENTED HERE TODAY CAN COME TO THIS MEETING WITH SOME FORM OF AGREEMENT AHEAD OF TIME.

SOME FORM.

SO THEN THIS DRAINAGE AUTHORITY COULD OPEN THE HEARING AGAIN, HEAR THE ARGUMENTS, AND MAYBE HEAR THE AGREEMENTS. CHUCK, ARE YOU AVAILABLE ON THE 14TH? YES. 10:00? YES. NOVEMBER 14TH, 10 A.M.

FOR THE CONTINUATION OF THIS.

ALL IN FAVOR OF THAT, PLEASE SAY AYE.

AYE. THOSE OPPOSED? IT CARRIES.

ARE THERE ANY OTHER ITEMS TO BRING BEFORE THE DRAINAGE AUTHORITY TODAY? IF NONE WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.