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[Call Board of Commissioners Meeting to Order: Chair ]

[00:00:06]

WE'LL CALL THE MEETING OF THE NICOLLET COUNTY BOARD OF COMMISSIONERS TO ORDER FOR NOVEMBER 14TH, 2023.

PLEDGE OF ALLEGIANCE LED TODAY BY COMMISSIONER DRANTTEL.

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.

WOULD ASK FOR AN APPROVAL OF THE AGENDA.

[Approval of Agenda ]

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

ARE THERE ANY ADDITIONS TO THAT? SEEING NONE.

ALL IN FAVOR, SAY AYE.

AYE. THOSE OPPOSED IT CARRIES.

THANK YOU. APPROVAL OF THE CONSENT AGENDA WOULD BE WARRANTED AT THIS TIME.

[Approval of Consent Agenda]

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

ANY QUESTIONS? COMMENTS CONCERNS.

HEARING AND SEEING NONE.

ALL IN FAVOR SAY AYE.

AYE. THOSE OPPOSED IT CARRIES.

ARE THERE ANY PUBLIC APPEARANCES BY MEMBERS OF THE PUBLIC BEFORE THE COUNTY BOARD AT THIS POINT? ANY PUBLIC APPEARANCES? SEEING NONE. WE'LL MOVE ALONG IN THE AGENDA TO HEALTH AND HUMAN SERVICES.

[Health and Human Services ]

CALLING FORWARD CASSANDRA SASSENBERG.

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

THIS MORNING I HAVE THE 2024 BROWN COUNTY EVALUATION CENTER PURCHASE OF SERVICE AGREEMENT.

THE BROWN COUNTY EVALUATION CENTER CONTINUES TO BE OUR PROVIDER OF DETOXIFICATION AND EVALUATION SERVICES.

NICOLLET COUNTY HEALTH AND HUMAN SERVICES RECEIVED THE ATTACHED 2024 COUNTY PURCHASE OF SERVICE AGREEMENT FROM THE FACILITY.

THE 2024 AGREEMENT REFLECTS A 3% INCREASE TO THE DAILY RATE.

NICOLLET COUNTY IS REQUIRED TO PAY THIS COST AND ATTEMPTS TO RECOVER THE COST THROUGH OUR INTERNAL COLLECTIONS PROCESS.

DUE TO THE LACK OF AVAILABLE OPTIONS WHEN ABLE, THE FACILITY CONTINUES TO ACCOMMODATE REQUESTS FROM COUNTIES TO TEMPORARILY PROVIDE A PROTECTIVE ENVIRONMENT FOR INDIVIDUALS WHO ARE COMMITTED AS CHEMICALLY DEPENDENT AND AWAITING AVAILABLE RESIDENTIAL CHEMICAL DEPENDENCY TREATMENT.

AND FOR THAT PIECE, WE ARE UNABLE TO COLLECT UM FROM THOSE SERVED.

SO, THIS MORNING, I AM REQUESTING APPROVAL OF THE 2024 PURCHASE OF SERVICE AGREEMENT.

YOU'VE HEARD THE RECOMMENDATION.

I'M CERTAIN THAT FOLKS HAVE REVIEWED THE DOCUMENT.

IS THERE A MOTION TO THAT EFFECT? SO MOVED. SECOND.

WE HAVE A MOTION AND A SECOND.

QUESTIONS FOR CASSIE ON THIS ITEM.

CAN YOU RECOVER A CERTAIN AMOUNT ON INTERNAL COLLECTIONS? YOU HAVE THOSE NUMBERS, OR HAVE A SENSE OF HOW THOSE NUMBERS CAN HELP TO APPLY FOR THIS? SURE. I HAVE THE NUMBERS FOR SO FAR IN 2023.

WE DID PAY BROWN COUNTY EVALUATION CENTER $74,667.

TO DATE, WE HAVE SO FAR COLLECTED 8597 OF THOSE DOLLARS.

A PORTION OF THE UNCOLLECTED WILL BE THOSE WHO ARE CIVILLY COMMITTED, WHO ARE HELD THERE ON SITE FOR QUITE A LENGTHY AMOUNT OF TIME WHILE THEY'RE AWAITING TREATMENT. THE ADDITIONAL REASONS FOR THE LOWER NUMBER IN COLLECTIONS THIS YEAR WOULD BE THAT WE HAVE HAD SIGNIFICANT TURNOVER IN THAT POSITION.

IT'S CURRENTLY VACANT, AND WE HAVE SOMEBODY TEMPORARILY ASSISTING US IN THE ROLE WHILE WE SEEK A PERMANENT HIRE.

AND SO, WITH THAT ROLE BEING FILLED, YOU MIGHT SEE SOME OF THAT RECOVERY EFFORT.

YES, AND WE DON'T END THE COLLECTION AT THE END OF THE CALENDAR YEAR.

WE CONTINUE TO COLLECT AS IT MOVES FORWARD.

I SEE. THANK YOU.

ANY OTHER QUESTIONS TO THE.

MOTION THAT WE HAVE IN FRONT OF US.

MANDY, PLEASE CALL THE ROLL.

IT CARRIES. DO YOU HAVE ANYTHING ELSE FOR US TODAY? I DON'T, THANK YOU, THANK YOU.

FINANCE DEPARTMENT.

[Finance ]

MORNING, HEATHER.

GOOD MORNING, MISTER CHAIR. MEMBERS OF THE BOARD.

I HAVE TWO ITEMS FOR YOUR CONSIDERATION TODAY.

THE FIRST ITEM IS A PUBLIC HEARING NOTICE FOR THE CAPITAL IMPROVEMENT PLAN FOR 2024 THROUGH 2028.

[00:05:02]

UH, THE AGENDA ITEM IS TO SET THAT PUBLIC HEARING FOLLOWING MINNESOTA STATUTE.

373 .40 NICOLLET COUNTY WILL CONDUCT A PUBLIC HEARING FOR THEIR FIVE-YEAR CIP PLAN.

I'M REQUESTING THE PUBLIC HEARING TO OCCUR ON TUESDAY, DECEMBER 12TH AT 10:15 A.M.

THE PURPOSE OF THE PUBLIC HEARING IS TO REVIEW, DISCUSS, AND APPROVE THE PROPOSED 2024 THROUGH 2028 CAPITAL IMPROVEMENT PLAN FOR NICOLLET COUNTY.

THE PLAN WILL IDENTIFY ESTIMATED CAPITAL EXPENDITURES AND FUNDING SOURCES FOR THAT FIVE-YEAR PERIOD.

HAVING THIS PLAN WILL ALLOW COUNTY BOARD, ADMINISTRATION AND DEPARTMENT HEADS BETTER MAKE BETTER FINANCIAL DECISIONS ON BEHALF OF THE CAPITAL IMPROVEMENT NEEDS.

SO, I AM SEEKING THAT TO BE SET AT 10:15 A.M.

ON DECEMBER 12TH.

YOU'VE HEARD THE REQUEST OF OUR FINANCE DIRECTOR.

IS THERE A MOTION TO SET THAT DATE IN TIME? SO MOVED. SECOND, MR. MORROW. COMMISSIONER DEAN, ANY QUESTIONS? ALL IN FAVOR, PLEASE SAY AYE.

AYE. HARRY, IT'S HARRY.

THANK YOU. DO YOU HAVE ANYTHING ELSE? YES. YOU DO? YES. ONE MORE ITEM, ACTUALLY.

THE OTHER ITEM IS FOR QUARTER THREE DONATIONS RECEIVED BY NICOLLET COUNTY.

AND I'M GOING TO PRESENT THOSE TODAY, AND I'M LOOKING FOR APPROVAL BY RESOLUTION.

THOSE DONATIONS FOR QUARTER THREE INCLUDE BAND SERVICES FOR $760.

WE HAVE TWO DONATIONS FROM AUTO RESTORERS CLUB, ONE IN THE AMOUNT OF $400 FOR SHERIFF POSSE AND ONE IN THE AMOUNT OF $600 FOR K-9.

THEN WE ALSO HAD SOME DONATIONS FOR PRODIGY PROJECT COMMUNITY CONNECT, WHICH WAS HELD BY HUMAN SERVICES.

AND A GROUP OF OTHERS IN AUGUST.

AND THOSE WERE BEYOND BRINK INCORPORATED OF $250 AND BLUE CROSS BLUE SHIELD OF $1,000.

AND THEN THE FINAL DONATION WAS VARIOUS DONATIONS FOR OUR LOAN CLOSET OF $525.

THIS QUARTER TOTAL IS $3,535.

UM, SEEKING APPROVAL BY RESOLUTION TODAY.

YOU'VE HEARD THE RECOMMENDATION.

IS THERE A MOTION TO THAT EFFECT? SO MOVED. I HAVE A MOTION.

IS THERE A SECOND? SECOND MOTION AND A SECOND.

ANY COMMENTS OR QUESTIONS WE DO SEND NOTES OF THANKS TO THESE PEOPLE, CORRECT? THE INDIVIDUAL DEPARTMENTS THAT RECEIVE THEM HANDLE THOSE APPRECIATIONS.

VERY GOOD, VERY GOOD.

ALL IN FAVOR, PLEASE SAY AYE.

AYE. THOSE OPPOSED? IT CARRIES. THANK YOU, THANK YOU.

MOVING ALONG ON THE AGENDA.

[Public Works ]

PUBLIC WORKS.

PUBLIC WORKS DIRECTOR SETH GREENWOOD.

GOOD MORNING. GOOD MORNING, MR. CHAIR. MEMBERS OF THE BOARD AND STAFF SEVERAL ITEMS FROM PUBLIC WORKS THIS MORNING.

SO THE FIRST ITEM IS TO CONSIDER A CARBON REDUCTION PROGRAM PARTNERSHIP AGREEMENT.

AT OUR ROAD TOUR IN OCTOBER, I HAD TOUCHED ON THIS SUBJECT WITH THE BOARD.

AND WHAT THIS ITEM ENTAILS IS AS PART OF THE BIG FEDERAL TRANSPORTATION BILL THAT WAS PASSED FUNDING WAS PROVIDED FOR THIS PROGRAM, THE CARBON REDUCTION PROGRAM AND THIS THESE FEDERAL FUNDS ARE FOR PROJECTS THAT REDUCE CARBON EMISSIONS INTO THE ATMOSPHERE.

AND SO THOSE TYPE OF FEDERAL FUNDS FLOW THROUGH THE MNDOT ATP SEVEN.

SO THAT'S THE AREA TRANSPORTATION PLAN PARTNERSHIP.

AND THAT BODY MAKES RECOMMENDATIONS ON HOW THESE FEDERAL FUNDS ARE GOING TO BE SPENT.

AND SO, THERE'S A SOLICITATION FOR 2024 GRANT FUNDS FROM THE CRP.

AND THE FISCAL YEAR FOR THESE FUNDS TO BE EXPENDED IS IN A VERY SHORT TIME WINDOW.

SO, TRYING TO FIND A PROJECT OR PROJECTS THAT COULD MEET THAT DEADLINE WAS DIFFICULT.

BUT ONE OF THE PARTICIPATING TYPES OF PROJECTS IS PURCHASING ELECTRIC VEHICLES.

AND SO, THE 13 COUNTIES IN DISTRICT SEVEN, THE 13 COUNTY ENGINEERS WE THOUGHT THAT A GREAT APPLICATION WOULD BE TO SUBMIT FOR FUNDING TO PURCHASE ONE ELECTRIC PICKUP FOR EACH COUNTY.

AND SO THAT APPLICATION WAS SUBMITTED TO THE ATP.

AND SUBSEQUENTLY THAT APPLICATION WAS APPROVED.

I BELIEVE THE GRANT AWARD WAS A BIT OVER $900,000 FOR 13 PICKUPS.

[00:10:04]

THAT GRANT AWARD OF THAT AMOUNT, THOUGH, TRIGGERS THE BUY AMERICA PROVISIONS AND SO ON.

THE MARKET FOR ELECTRIC PICKUPS, THERE IS AN ELECTRIC PICKUP OUT THERE THAT IS 100% AMERICAN MADE.

AND SO THE THRESHOLD FOR WHEN BUY AMERICA KICKS IN IS 500,000.

SO, WHAT WE DID WAS WE SPLIT OUR GRANT AWARD IN TWO AND TWO COUNTIES TOOK THE LEAD ON BEING BASICALLY THE HOST COUNTIES FOR HALF THE POT OF THAT MONEY.

AND SO THAT DROPPED US BELOW THE $500,000 BUY AMERICA THRESHOLD.

SO, OUR PROJECTS, UH, THIS PROJECT WOULD BE ABLE TO MOVE FORWARD WITH PURCHASING PICKUPS.

AND SO, IN OUR GROUP BLUE EARTH COUNTY IS LEADING THE EFFORT.

THEY WOULD BE RECEIVING THE FUNDS, AND THEY WOULD BE REPRESENTING NICOLLET, FARIBAULT, LESUEUR, SIBLEY, WASECA COUNTIES. AND SO BLUE EARTH COUNTY HAS BEEN DEVELOPING A PARTNERSHIP GRANT, A PARTNERSHIP AGREEMENT THAT LAYS OUT THE ROLES AND RESPONSIBILITIES THAT BLUE EARTH COUNTY HAS IN THIS PROCESS.

AND THEN THE COUNTIES THAT ARE PARTICIPATING IN THIS GROUP HAVE A COPY OF THAT AGREEMENT IS IN THE BOARD PACKET.

FOR YOUR REVIEW.

AND SO AGAIN, WE'D BE LOOKING AT PURCHASING OR WE WOULD HAVE TO GO OUT FOR BIDS, BUT THERE'S REALLY ONLY ONE ELECTRIC PICKUP OUT THERE ON THE MARKET.

IT'S MADE BY FORD.

IT'S THE FORD LIGHTNING PICKUP.

MANDY DID SOME RESEARCH.

I'VE BEEN DOING SOME MORE DISCUSSIONS WITH MY COUNTERPARTS.

BECAUSE YOU GET ELECTRIC VEHICLE, YOU'RE GOING TO NEED A CHARGING STATION MORE LIKELY.

AND CHARGING STATIONS, DEPENDING ON WHAT TYPE YOU GET, CAN RANGE ANYWHERE FROM 15,000 TO $70,000.

BUT WHAT WE FOUND OUT IS WITH THIS FORD PICKUP, THE PACKAGE THAT WE WERE LOOKING AT IS THE EXTENDED BATTERY PACKAGE FOR IT.

AND WHEN YOU GO TO THAT LARGER BATTERY PACKET, IT COMES WITH SOME TYPE OF CHARGING UNIT THAT YOU'RE ABLE TO HAVE ELECTRICIAN JUST WIRE INTO YOUR SYSTEM.

AND THAT'S KIND OF PART OF THE WHOLE PICKUP PURCHASE PART.

WE WOULD JUST HAVE TO PAY ELECTRICIAN TO DO WHATEVER HOOK UP THAT THAT'S NEEDED.

AND SO, WE'RE TALKING MAYBE 2 TO $3000 AT THE MOST FOR THAT.

SO, THAT WAS A VERY NICE THING TO FIND OUT ABOUT THIS.

SO, I GUESS THAT'S ALL I HAVE AT THIS MOMENT.

I'M MORE THAN HAPPY TO ANSWER ANY QUESTIONS ON ON THIS TOPIC.

MR. CHAIR. I'LL MOVE APPROVAL.

BUT THEN I HAVE A QUESTION AFTER THAT SECOND MOTION AND A SECOND.

ARE THERE QUESTIONS FOR THE.

DID YOU GET A CHANCE TO TEST DRIVE ONE? I HAVEN'T TEST DROVE ONE.

I'VE HEARD OTHERS THAT HAVE TEST DRIVEN THEM AND THEY WORK VERY WELL.

MNDOT HAS BEEN DEMONSTRATING SEVERAL FORD LIGHTNING PICKUPS.

YOU GOT TO BE VERY JUDICIOUS ON HOW YOU'RE USING A VEHICLE LIKE THAT BECAUSE DEPENDING FOR LIKE MNDOT, THEY HAVE PROJECTS LIKE IN DISTRICT SEVEN THAT CAN BE 100 MILES AWAY FROM THEIR BASE STATION.

AND SO, SENDING A CONSTRUCTION INSPECTOR OUT WITH THAT TYPE OF PICKUP A LONG WAY AWAY, THAT'S GOING TO BE OUT THERE ALL DAY LONG, MAYBE NEEDING AC, YOU KNOW, FOR A BIG CHUNK OF THE DAY OR HEATING, YOU MIGHT NOT MAKE IT A WHOLE DAY ON, ON THAT CHARGE.

SO, YOU GOT TO BE JUDICIOUS ON KIND OF HOW YOU'RE USING IT.

WHAT WE WERE THINKING HERE AT NICOLLET COUNTY IS FACILITY MAINTENANCE HAS BEEN HOPING TO SET UP ONE OF THEIR PICKUPS DURING THE WINTERTIME WITH A SANDING BOX AND THE PLOW KIND OF PERMANENTLY FOR THE WINTER SEASON.

IT GETS CUMBERSOME WHEN THEY'RE DRIVING BACK AND FORTH FROM OUR FACILITY HERE IN SAINT PETER TO NORTH MANKATO WITH A UNIT SET UP LIKE THAT.

AND WE THOUGHT THAT THIS THEIR DEPARTMENT MIGHT MAKE THE MOST SENSE FOR THIS PICKUP TO ACTUALLY END UP AND BE UTILIZED IN.

AND QUITE FRANKLY, BEING ABLE TO COVER 80% OF THIS VEHICLE'S COST WITH, WITH FEDERAL FUNDS IS A PRETTY CHEAP WAY TO FOR THE COUNTY TO DIP THEIR TOES IN THE EV MARKET.

IT'S NOT GOING AWAY.

I ONLY ANTICIPATE IMPROVEMENTS IN THESE VEHICLES GOING FORWARD, AND I THINK THEY'RE HERE TO STAY, AND WE'RE GOING TO SEE MORE OF IT.

I LIKE THE PHRASE IT'S NOT GOING AWAY.

[00:15:01]

WELL, SOME PEOPLE HOPE IT GOES AWAY, I THINK.

BUT IT'S NEW, EMERGING TECHNOLOGY AND IT'S GETTING BETTER.

BUT IT'S GOING TO TAKE SOME TIME FOR IT TO GET THE BEST, I BELIEVE.

THANK YOU FOR THAT QUESTION.

ANY OTHER COMMENTS? KIRK, YOU MAYBE MENTIONED THIS WHEN YOU BROUGHT IT UP THE FIRST TIME, BUT.

OR IS THIS AN ADDITIONAL VEHICLE FOR THE COUNTY, OR IS THIS REPLACING SOMETHING OR A, YOU KNOW, A VEHICLE THAT WE WERE ALREADY ANTICIPATING NEEDING? YOU KNOW, I GUESS AT THIS TIME IT WOULD BE CONSIDERED AN ADDITIONAL VEHICLE UNLESS WE WOULD DETERMINE THAT IT CAN FULLY REPLACE SOMETHING.

THAT WE ALREADY HAVE.

HOW DO IF THERE AREN'T ANY OTHER QUESTIONS, HOW DO THESE BATTERIES HOLD UP IN COLD WEATHER? CAN YOU PARK THEM OUTSIDE OR DO YOU HAVE TO KEEP THEM INSIDE? YOU KNOW, COLD WEATHER DEFINITELY MAKES A DIFFERENCE IN BATTERY CAPACITY.

THE REPORTS I'VE HEARD FROM EITHER PRIVATE INDIVIDUALS THAT HAVE, SAY, A TESLA OR MNDOT UTILIZING ELECTRIC VEHICLES IN THEIR FLEET THAT YOU CAN SEE UPWARDS OF, YOU KNOW, A THIRD OR MORE OF THE BATTERY CAPACITY WHEN IT'S VERY COLD OUT BEING REDUCED BY THAT, THAT COLD WEATHER.

DO WE NEED ACTION ON THIS TO MOVE? YES. AND SO, MY REQUEST WOULD BE TO APPROVE THE CARBON REDUCTION PROGRAM PARTNERSHIP WITH BLUE EARTH COUNTY.

AND A COPY OF THAT AGREEMENT IS IN HERE.

AND I WOULD JUST PREFACE THAT THIS AGREEMENT, BLUE EARTH COUNTY WOULD BE THE ONE WORKING THROUGH ALL THE, YOU KNOW, THE FEDERAL AID PAPERWORK THAT HAS TO BE DONE WITH THE FEDERAL PROJECT WHEN YOU WORK THROUGH MNDOT ON THAT, THEY WOULD BE THE LEAD AGENCY.

THEY WOULD TAKE CARE OF PUTTING TOGETHER THE SPECS, UM, BIDDING THE PROJECT OUT, MAKING THE PAYMENT TO THE SUCCESSFUL BIDDER.

AND THEN IN TURN, THEY WOULD INVOICE US FOR OUR SHARE OF ONE.

RIGHT. SO, WE DO HAVE A MOTION AND A SECOND, WE HAVE HAD DISCUSSION.

AND THERE IS ANOTHER QUESTION.

I HAVE ANOTHER ADDITIONAL QUESTION.

SO, OF THE, YOU KNOW, THE $15,319.98, UM, WHERE DOES THIS, I MEAN, OF THE COUNTY FUNDS, IS THIS IN THE BUDGET SOMEPLACE, OR I MEAN, ARE WE USING.

WHERE WILL THOSE FUNDS BE COMING FROM? DISCUSSED WITH MANDY AND WE THOUGHT POSSIBLY ARPA DOLLARS, AS WE HAVE SOME ARPA DOLLARS LEFT OVER THAT COULD BE COMMITTED TO THIS.

JUST A COMMENT ON THAT.

WE DO HAVE. COME FORWARD, PLEASE, SO WE CAN HEAR YOU.

THANK YOU. HEATHER.

THE QUESTION ON FUNDING, I THINK WE CAN DISCUSS AS THIS MOVES ALONG WITH ARP, THEY DO CAUTION YOU ON MIXING FEDERAL FUNDING SOURCES.

SO, IT'S NOT A NO, BUT YOU HAVE TO DO YOUR HOMEWORK ON THAT, I WOULD SAY.

SO, DEPENDING ON THE AMOUNT AND THE FINAL AMOUNT, WE MIGHT WANT TO CONSIDER REGULAR RESERVES.

BUT I THINK THAT CAN BE UP TO THE BOARD TO HOW WE PROCEED ON THAT.

ANY OTHER? TO ANSWER YOUR QUESTION, COMMISSIONER.

ALL RIGHT. ANY OTHER COMMENTS OR QUESTIONS? PLEASE CALL THE ROLL.

CARRIES. ANOTHER ITEM FOR US.

THE NEXT ITEM I HAVE FOR THE BOARD'S CONSIDERATION IS TO CONSIDER AMENDING AGREEMENT 1053781 AND A CORRESPONDING RESOLUTION.

SO, THIS MNDOT AGREEMENT INVOLVES THE COUNTY ROAD SAFETY PLAN UPDATE.

SO, OUR LAST PLAN WAS ADOPTED, DEVELOPED AND THEN ADOPTED IN AUGUST OF 2012.

AND SO OUR PLAN IS ALREADY 11 YEARS, UM, OLD.

AND SO SINCE THE ADOPTION OF THE 2012 CRSP, WE HAVE IMPLEMENTED SEVERAL IDENTIFIED SAFETY STRATEGIES AND RECEIVED GRANT FUNDING FROM THE HIGHWAY SAFETY IMPROVEMENT PROGRAM AND LOCAL ROAD IMPROVEMENT PROGRAM FOR SEVERAL SAFETY RELATED PROJECTS.

[00:20:05]

SO, IN AUGUST OF LAST YEAR, 2022, MNDOT HAD INQUIRED IF THERE WERE ANY COUNTIES INTERESTED IN PARTICIPATING IN PHASE THREE OF THE MINNESOTA COUNTY ROAD SAFETY PLAN UPDATE CRITERIA FOR THAT SOLICITATION WAS THAT ONLY COUNTIES THAT HAD PLANS OLDER THAN 2015 WERE ELIGIBLE FOR THIS PHASE.

AT THE TIME, WE HAD INDICATED THAT WE'D BE INTERESTED IN HAVING OUR PLAN UPDATED, AND THERE WAS AN APPLICATION PROCESS, AND WE WERE SELECTED AS A COUNTY TO MOVE FORWARD WITH WITH AN UPDATE.

SO MNDOT HAS ALREADY SENT OUT RFPS AND SELECTED ENGINEERING CONSULTANTS THAT WILL LEAD THE UPDATING OF EIGHT.

THERE'S 18 COUNTIES IN THIS PHASE TO UPDATE THE COUNTY ROAD SAFETY PLANS, AND SO 80% OF THE COST TO DEVELOP AN UPDATED COUNTY ROAD SAFETY PLAN WILL BE COVERED BY FEDERAL HIGHWAY SAFETY IMPROVEMENT FUNDS.

THE 20%, AS WITH ANY FEDERAL FUNDS, THERE'S TYPICALLY A MATCH, A LOCAL MATCH FOR THAT.

SO, THE 20% OF THAT WILL COME FROM THE COUNTY.

AND SO, THE TOTAL COST TO UPDATE THE COUNTY ROAD SAFETY PLAN IS ABOUT 134,000.

AGAIN, 80% OF FEDERAL FUNDS WILL COVER THAT UPDATE.

SO, IN YOUR PACKET, THERE IS THE MNDOT AGREEMENT THAT LAYS OUT THE ROLES AND RESPONSIBILITIES FOR THIS UPDATE. AND THERE'S A CORRESPONDING RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR AND BOARD CHAIR TO EXECUTE THE AGREEMENT. SINCE OUR ORIGINAL PLAN, THIS IS JUST A COPY OF THE FINAL PLAN FROM 2012.

VERY GOOD.

PLAN LOOKS AT ALL THE INTERSECTIONS IN THE COUNTY, LOOKS AT THE ROAD SEGMENTS, IT LOOKS AT THE CRASH, HISTORY AND DATA, AND BASED ON LOOKING AT AND THE DIFFERENT SAFETY STRATEGIES THAT ARE OUT THERE THEY HAVE PRIORITIZED SAFETY IMPROVEMENTS THROUGHOUT THE COUNTY, AND WE HAVE USED THAT IN OUR APPLICATIONS TO RECEIVE HIGHWAY SAFETY IMPROVEMENT PROGRAM SAFETY DOLLARS AND LOCAL ROAD IMPROVEMENT PROGRAM DOLLARS.

THE COUNTY ROAD 15 PROJECT IS UTILIZING $1.25 MILLION OF LRIP FUNDS AND A BUNCH.

AND THAT WAS A SOLICITATION PROCESS.

AND PART OF THAT APPLICATION, WE USE A SIGNIFICANT AMOUNT OF DATA FROM OUR LAST SAFETY PLAN.

AND SO, THE PROJECTS AND APPLICATIONS THAT WE'VE SUBMITTED, THIS PLAN FROM 2012 HAS PROBABLY NETTED US.

ABOUT $2 MILLION PLUS IN OUTSIDE FUNDING FOR NEEDED SAFETY IMPROVEMENTS THROUGH THE COUNTY.

SO, THE INVESTMENT AND DEVELOPING THE PLAN WE HAVE RECEIVED MORE BACK IN FUNDING TO MAKE SAFETY IMPROVEMENTS IN THE COUNTY. SO MORE THAN HAPPY TO ANSWER ANY QUESTIONS ON THIS ITEM, ANY QUESTIONS FOR OUR PUBLIC WORKS DIRECTOR ON THIS ITEM.

MOVE TO APPROVE. WE HAVE A MOTION TO APPROVE.

SECOND. THERE'S A SECOND.

COMMENTS. QUESTIONS? HEARING NONE. ALL IN FAVOR SAY AYE.

AYE. OPPOSED? IT CARRIES. AND SO, I ANTICIPATE ONCE THIS AGREEMENT IS THEN FULLY EXECUTED BY MNDOT, THAT THINGS WILL START TO KICK OFF ON THE DEVELOPMENT OF THE PLAN, PROBABLY LATE DECEMBER, PROBABLY MORE SO EARLY NEXT YEAR, AND IT'LL PROBABLY BE A FULL YEAR, UM, PROCESS THAT WE GO THROUGH.

GOOD TO KNOW. THANK YOU.

I WILL LOOK TO THE COUNTY ATTORNEY TO GIVE A REPORT AND, UH, MOVE AROUND THE, UH, DIOCESE FROM [INAUDIBLE] ON DOWN.

[Commissioner Committee Reports, Meetings & Conferences ]

GOOD MORNING, MICHELLE. THANK YOU, MR. CHAIR. I DON'T HAVE A WHOLE LOT OF UPDATES OTHER THAN WE HAD THE OPPORTUNITY TO DO A PRESENTATION AT OAK TERRACE LAST THURSDAY ON FRAUD.

MEMBERS THERE WERE APPRECIATIVE OF THE COUNTY LINE BECAUSE THAT'S HOW THEY KNEW.

THEY LEARNED ABOUT THE ABILITY TO MAKE THE REQUEST.

SO, I WANTED TO PASS THAT ON TO THE BOARD ABOUT COMMUNITY APPRECIATION FOR THE COUNTY LINE AND PROVIDING INFORMATION TO CITIZENS.

AND THEN FOLLOWING OUR FRAUD PRESENTATION, HAD AN OPPORTUNITY TO WATCH AND ATTEND A BRIEF VETERAN'S PRESENTATION OF SOME GIFTS THAT I THOUGHT THEY HAD INDICATED CAME FROM THE COUNTY, AS WELL AS ONE OF THEIR RESIDENTS THERE.

READING A PRETTY TOUCHING OLD GLORY POEM FOR THOSE IN ATTENDANCE.

[00:25:05]

AND SO, I WAS FEELING VERY FORTUNATE TO HAVE THE OPPORTUNITY TO ATTEND THAT EVENT THERE.

THANK YOU, MR. CHAIR.

THANK YOU VERY MUCH FOR YOUR REPORT, COMMISSIONER ZENS HAD ATTENDED THE EMC DISTRICT MEETING ALONG WITH ALL OF YOU AS WELL? ALSO HAD SOIL AND WATER CONSERVATION DISTRICT MEETING AS WELL AS THE EXTENSION MEETING LAST NIGHT.

OF NOTE FOR THE EXTENSION MEETING, EXTENSION IS LOOKING.

THERE IS ONE OF THE COMMITTEE MEMBERS WHO IS, UM, HER TWO TERMS ARE UP, AND I GUESS SHE'S NOT GOING TO BE ON ANYMORE.

SO, THEY ARE LOOKING FOR ANOTHER ADDITIONAL COMMITTEE MEMBER.

IF ANYBODY HAS ANY SUGGESTIONS, THAT'S IT.

THANK YOU. COMMISSIONER.

COMMISSIONER. DAN.

I ATTENDED THE DISTRICT MEETING AS WELL.

I HAD A GMG.

I WANT TO SAY THE FOCUS GROUP THAT I ATTENDED ON HEALTH CARE.

MRCI HAD THEIR MEETING.

I ALSO ATTENDED THE SHIP MEETING.

AND THEY OF NOTE, THEY HAD THEIR 2023 HIGHLIGHTS.

AND JUST REMIND THE BOARD THAT WE, NICOLLET COUNTY, RECEIVED FUNDS FROM SHIP FOR GARDEN AT THE WHITE HOUSE AND MARSHALL AND AS WELL AS A WATER BOTTLE FILLER. AND THEN WE HAD THE, I HAD TO READ, A MEETING.

THEY HANDED OUT THE ANNUAL REPORT, HAD NEW ELECTIONS, AND I STEPPED DOWN AS CHAIR OF RITA.

AND CARRIE JOHNSON FROM ST.

PETER WILL NOW BE THE NEW CHAIR.

THANK YOU, COMMISSIONER MORROW.

I, TOO, WAS AT THE EMC MEETING.

PARTICIPATED IN SEVERAL HIGHWAY 169 COALITION MEETINGS.

WE HAVE OUR ANNUAL MEETING TONIGHT UP IN PLYMOUTH.

GOING TO BE HEARING FROM THE NEW MNDOT REGIONAL DIRECTOR IN THAT AREA TO TALK ABOUT WORK NORTH OF 494 ON 169.

AND THEN MARIE AND I, WE WENT ON THE BEST TRIP EVER YESTERDAY.

BUT LET MARIE TALK MORE ABOUT THAT.

THANK YOU. AND MANDY.

I'M SORRY. MANDY. YES? MANDY AND I HELD DOWN THE BACK OF THE BUS, DIDN'T WE, YESTERDAY, TRI-COUNTY SOLID WASTE.

HAD A TOUR OF RECYCLING FACILITIES AND END USERS OF RECYCLED PROJECTS.

WE STARTED BY THE YARD, PLANT AND SHOWROOM IN JORDAN AND GOT TO SEE THE BEHIND-THE-SCENES TOUR THERE.

WENT TO THE DEM CON MIXED USE RECYCLING CENTER AND WATCHED THEM FROM THE TIME THAT DUMPED THE TRUCK UNTIL IT WENT INTO THE TRUCK TO THE END USER. GRATEFUL THAT I SIT BEHIND A DESK AND DON'T START TRASH ON A DAILY BASIS.

BUT GRATEFUL THERE ARE PEOPLE WHO DO THAT AND THE TECHNOLOGY THAT THEY HAVE.

AND THEN WE FOLLOWED THAT UP WITH THE SHAKOPEE MATAWACHAN COMPOST RECYCLING CENTER.

I THINK THAT'S WHAT IT'S CALLED OVER ON THE MATAWACHAN RESERVATION, WHERE THEY COMPOST FOOD AND OTHER TYPE ITEMS AND TURN IT INTO COMPOST THAT THEY TURN AROUND AND RESELL TO LANDSCAPERS AND THE GENERAL PUBLIC.

FASCINATING TOUR.

BETTER THAN I EXPECTED.

PRIOR TO THAT, I HAD THE AMC DISTRICT SEVEN MEETING WHERE I RECYCLED THE APPLE CRISP TO STAFF.

THAT WAS TERRIFIC. CLEANED UP BECAUSE WE HAD A LOT OF FOOD LEFT OVER.

LAST TUESDAY, I ALSO HAD THE EXPERIENCE OF GOING TO OUR APPLIANCE RECYCLER WITH A LOAD OF STUFF FROM MY HOME.

SINCE I DIDN'T MAKE THE APPLIANCE RECYCLING.

WE HAVE THOSE OPTIONS AVAILABLE, AND WE NEED TO TAKE ADVANTAGE OF THEM.

THANK YOU, COMMISSIONER. MR. CHAIR, IF I COULD, I WOULD JUST LIKE TO NOTE THAT AL CHRISTIANSEN DID A VERY NICE JOB PUTTING TOGETHER THIS RECYCLING TOUR.

IT REALLY WAS VERY EYE OPENING OF HOW COMPLEX AND HOW THOUGHTFUL ALL THESE PROCESSES.

SO, IT WAS EYE OPENING.

VERY GOOD. THANK YOU.

AS FAR AS THE CHAIR'S REPORT, I, TOO, WAS SHARING TIME WITH YOU FOLKS AT THE AMC DISTRICT MEETING, AND I HAD AN OPPORTUNITY TO TALK TO

[Chair’s Report ]

A NUMBER OF PEOPLE WHO WERE THANKFUL FOR THE GET TOGETHER AND ESPECIALLY THANKFUL THAT OUR AMC REPRESENTATIVES LISTENED TO US AS THEY GO AROUND THE STATE.

PEOPLE REALLY LIKE THE FOOD.

AND SO, I WANT TO THANK MANDY FOR GETTING THAT SET UP FOR US.

OUR DIVERSITY COUNCIL AND MANKATO AREA CONTINUES TO MEET OUR MANKATO AREA PLANNING ORGANIZATION AS.

SETH WAS MENTIONING CONTINUES TO MEET ALONG WITH THE AREA TRANSPORTATION PLANNING.

AND I ATTENDED THE TRANSPORTATION ALLIANCE LAST WEEK.

[00:30:03]

LIVED IN THE MANKATO AREA FOR 50 YEARS.

IT WAS HELD AT THE MASONIC TEMPLE A SECOND TIME.

I WAS IN THAT BUILDING AND THOSE 50 YEARS.

BUT SOME OF THE IDEAS THAT CAME FORWARD, SOME OF THE REPRESENTATIVES THAT WERE THERE, NICK FRANTZ, ANDERSON KELLEHER AND OTHERS WERE GIVING RATINGS TO THE MINNESOTA LEGISLATURE'S ACTIONS ABOUT TRANSPORTATION FUNDING THIS PAST YEAR, AND IT CAME OUT TO BE B+ IN THAT NEIGHBORHOOD AS SOME FINAL FINALLY SECURED FUNDING WAS ACHIEVED.

FRIENDS SUGGESTED THE RESIDENTS DO APPRECIATE WHEN THE STATE LEGISLATURE FOCUSES ON TRANSPORTATION, BECAUSE WE ALL USE IT EVERY DAY.

MS. KELLEHER SAID THAT WE NEED CLIMATE RESILIENT ROADS.

AND THAT USER FEES WON'T GO AWAY SOON.

IN FACT, SHE RECALLED A TIME WHEN SHE WAS SITTING IN A RESTAURANT WITH FORMER STATE REPRESENTATIVE TERRY MORROW DURING THE 2008 DEBATE.

AND IT SEEMS LIKE YOU FOLKS TOOK SOME HEAT DURING THOSE TIMES FOR A NICKEL, A NICKEL INCREASE IN THE GAS TAX, WHICH LASTED ABOUT A HALF MINUTE. SO ANYWAY, I WANTED TO PASS THAT ALONG TO EVERYONE.

AND THAT'S MY REPORT.

MANDY, YOU'VE MADE FOLKS AWARE OF THE ANNUAL MEETING COMING UP IN DECEMBER.

AND, HOPEFULLY, IF IT FITS YOUR SCHEDULE, WE'LL BE MEETING IN MINNEAPOLIS AT THE HYATT, I BELIEVE, FOR THE AMC ANNUAL.

ANY OTHER MEETINGS OR CONFERENCES THAT YOU'D LIKE TO SHARE.

OKAY. TOWNSHIP ASSOCIATION TOMORROW NIGHT.

I'M SORRY. WEDNESDAY NIGHT'S TOWNSHIP ASSOCIATION.

OH, YES, THAT'S TOMORROW NIGHT.

TOMORROW NIGHT. I WANT TO VISIT WITH YOU ABOUT THAT BECAUSE I'D LIKE YOU TO GIVE THE REPORT.

I'VE GOT ANOTHER MESSAGE THAT I'D LIKE TO SHARE.

ALL RIGHT. WILL YOU BE THERE? OH, GOOD. THE CHAIR WILL ENTERTAIN A MOTION TO APPROVE PER DIEMS AND EXPENSES.

[Approve Per Diems and Expenses ]

SO MOVED. MR. DEAN HAS MOVED.

IS THERE A SECOND? I'LL SECOND.

MR. MORROW.

ALL IN FAVOR, SAY AYE.

AYE. THOSE OPPOSED IT CARRIES.

SO, WE ARE AT 9:32.

WE'RE GOING TO TAKE A BREAK NOW UNTIL ABOUT 10:00.

IS THAT THE UNDERSTANDING WHEN WE WILL COME BACK WITH THE NICOLLET COUNTY ADA TRANSMISSION TRANSITION PLAN? SO, WE ARE ON BREAK UNTIL 10:00.

OKAY. WE'LL CALL THE COUNTY BOARD MEETING BACK TO SESSION.

WE HAVE AN ITEM NOW FROM PUBLIC WORKS WITH MR.

[Public Works (continued) ]

GREENWOOD. GOOD MORNING.

GOOD MORNING, MR. CHAIR.

MEMBERS OF THE BOARD AND STAFF.

THE ITEM BEFORE YOU IS THE NICOLLET COUNTY ADA TRANSITION PLAN UPDATE PRESENTATION.

AND SO, IF YOU RECALL, I'VE SPOKEN ABOUT THIS TOPIC SEVERAL TIMES THIS YEAR.

AND SO, THE NICOLLET COUNTY ADA, WHICH IS THE AMERICAN DISABILITY ACT TRANSITION PLAN FOR US, WAS LAST DEVELOPED AND THEN ADOPTED IN 2019.

AND THE DEVELOPMENT OF THAT TRANSITION PLAN WAS IN COORDINATION WITH MAPO.

AND SO, IN WITHIN THE MAPLE BOUNDARIES, MAPLE FUNDING DOLLARS HELP COVER THE COST FOR DEVELOPING THE PLAN WITHIN THE BOUNDARIES, BUT OUTSIDE OF THE MAPLE BOUNDARIES.

THE COUNTY PROVIDED DOLLARS, ITS OWN DOLLARS.

SO, WE HAD ONE CONSISTENT PLAN ACROSS THE COUNTY AND WHAT THIS TRANSITION PLAN REALLY DOES.

IT IDENTIFIES PEDESTRIAN FACILITIES THAT DO NOT MEET ADA STANDARDS AND IDENTIFIES THAT INFRASTRUCTURE AND PLAN TO MOVE FORWARD TO UPDATE IT.

AND SO, EVERY FIVE YEARS WE NEED TO REVIEW AND UPDATE THAT PLAN.

AND SO AGAIN, MAPO LED THE EFFORT TO KICK OFF THAT PROCESS.

THE COUNTY DECIDED TO INCLUDE THE REST OF NICOLLET COUNTY.

SAME THING WITH BLUE EARTH COUNTY.

THEY INCLUDE AN ENTIRE BLUE EARTH COUNTY TO HAVE OUR PLAN REVIEWED AND UPDATED TO HIT THE 2024 DEADLINE.

SO, THIS PROJECT HAS BEEN ONGOING THIS YEAR, AND WE'RE GETTING TO THE POINT THAT THE UPDATE IS STARTING TO WRAP UP.

AND SO, WITH ME TODAY, I HAVE BRITT BERNER WITH STONY BROOK ENGINEERING, WHO WAS THE FIRM HIRED BY MAPO

[00:35:09]

TO WORK ON THE UPDATE OF THE ADA TRANSITION PLAN.

SO, SHE'S HERE TODAY TO PRESENT ON WHERE WE'RE AT THIS POINT IN THE UPDATE PROCESS.

AND INCLUDED IN THE PACKET SHOULD BE THE SLIDES FOR BRITT'S PRESENTATION.

SO, I'LL TURN IT OVER TO BRITT.

VERY GOOD. THANK YOU, SETH.

BRITT, WELCOME. AN ADA GURU.

SO, SHE CAN ANSWER ALL THOSE REAL DETAILS.

YES. QUESTIONS YOU MAY HAVE IS MY WHEELHOUSE.

THANK YOU, MR. CHAIR.

MEMBERS OF THE BOARD, AS SETH SAID, YOU CAN SCROLL DOWN WHOEVER HAS THAT.

OKAY. THE INFRASTRUCTURE WAS EVALUATED IN 2017, SO I HAD PUT 2017 IN HERE.

THE ACTUAL PLAN WAS ADOPTED IN 2019, HOWEVER, SO THE DATA THAT WE WERE UPDATING OFF OF WAS ACTUALLY EVALUATED.

THE STATUS OF. IN 2017, THE MAPO AREA BOUNDARIES INCLUDED EAGLE LAKE, MANKATO, NORTH MANKATO AND SKYLINE.

FOUR CITIES. SKYLINE DOES NOT CURRENTLY HAVE ANY CITY OWNED INFRASTRUCTURE WITHIN THEIR JURISDICTION, SO THAT CHAPTER OF THE PLAN IS A LITTLE SHORTER AND CONSISTS OF MOSTLY POLICY UPDATES.

AND THEN WE END THE PLAN WITH BLUE EARTH AND NICOLLET COUNTY.

THE WAY WE HAVE THE PLAN SET UP IS THE FIRST CHAPTER ENCOMPASSES INFORMATION THAT APPLIES TO EVERYBODY, AND THEN EACH CITY AND COUNTY THEREAFTER IN THE SUBSEQUENT PLANS HAS INFORMATION SPECIFIC TO THEIR JURISDICTIONS.

SO, WHEN EACH CITY OR COUNTY ADOPTS THE PLAN, THEY'LL ADOPT THEIR CHAPTER OF THE PLAN AS WELL AS CHAPTER ONE, IF THAT MAKES SENSE, AND THEN SCROLL DOWN TO SCHEDULE.

KIND OF HARD TO SEE HERE, BUT MAYBE IT'S A LITTLE EASIER IN YOUR PACKETS.

BUT WE STARTED OFF OUR EVALUATIONS IN SPRING OF 2023, AND WHAT WE DID WAS WE STARTED WITH THE DATA FROM 2017 THAT WAS ADOPTED IN 2019. WE LOOKED AT ANY CONSTRUCTION PROJECTS THAT WERE CURRENTLY UNDER CONSTRUCTION AT THAT TIME, OR HAVE BEEN DONE SINCE 20, SINCE 2017, AND MADE SURE THAT THOSE REHABILITATION PROJECTS OR ANYTHING THAT GOT RECONSTRUCTED SINCE THEN WAS UPDATED IN OUR DATA, AS WELL AS ANY NEW INFRASTRUCTURE THAT GOT ADDED.

AND I BELIEVE WE HAD AS THEIR MAPS IN HERE.

SETH OR AT THE END? AT THE END. OKAY, WE'LL GET TO THOSE AT THE END.

BUT YOU'LL SEE SOME GREEN DOTS FOR COMPLIANCE, SOME RED SQUARES FOR NONCOMPLIANCE.

WE MADE SURE WE GOT THOSE UPDATED, SO WE GOT MORE RED POINTS TURNED GREEN.

BUT ALSO, IF WE HEARD ANY GRIEVANCES IN THE LAST FIVE YEARS OF PLACES THAT WERE NO LONGER COMPLIANT, THOSE GOT TURNED OVER AS WELL.

BACK TO RED.

MOVING ON.

WE DID HAVE A PUBLIC ENGAGEMENT PROCESS AS A PART OF THIS PROJECT.

ON THE LEFT-HAND SIDE OF THE SCREEN OR PACKET YOU WILL SEE A PHOTO FROM OUR OPEN HOUSE.

WE HAD A REALLY GOOD TURNOUT, THE BEST I'VE HAD ON AN ADA PLAN, ESPECIALLY AN ADA PLAN UPDATE.

WE HAD ABOUT SEVEN OR SO FOLKS IN WHEELCHAIRS OR MOBILITY DEVICES THERE, WHICH IS REALLY GOOD TO SEE.

WE ALSO HAD A PROJECT WEBSITE, AND I'M NOT SURE WHY THE PHOTO HASN'T BEEN SHOWING UP ON THE RIGHT-HAND SIDE, BUT THAT IS SUPPOSED TO BE A SCREENSHOT OF THE PROJECT WEBSITE THAT WAS HOSTED THROUGH EVERY VOICE AND THE MANKATO AND FOLKS WERE ABLE TO PROVIDE FEEDBACK ONLINE ON A DIGITAL MAP OR SUBMIT COMMENTS THAT WAY.

AND WE DID GET A FEW COMMENTS THAT WERE SUBMITTED AFTER THE MEETING AS WELL, SO FOLKS COULD REACT TO THE MAPS THAT WERE AVAILABLE ONLINE AND PROVIDE FEEDBACK.

AFTER THE OPEN HOUSE, I GUESS I WOULD, UH, OFFER UP TWO THAT WE HAD SENT OUT NOTICES FOR THE PUBLIC ENGAGEMENT OPPORTUNITIES THROUGH OUR FACEBOOK AND COUNTY TWITTER AND THOSE AVENUES TO GET THAT THAT INFORMATION OUT.

THANKS, SETH.

PIGGYBACKING OFF OF WHAT SETH JUST SAID ON THE NEXT SLIDE IS SOME OF THOSE GROUPS THAT WE ALSO REACHED OUT TO BEYOND EXISTING COUNTY RESOURCES.

WE REACHED OUT TO SOME FOLKS THROUGH OUR SMILES.

A LOT OF THESE ARE MANKATO BASED AREAS AND SOME APARTMENT BUILDINGS THAT WE KNEW WERE FOCUSED ON ACCESSIBLE HOUSING TO MAKE SURE WE ARE REACHING AS MANY FOLKS AS WE COULD. THEY GOT INVITES TO THE OPEN HOUSE, AS WELL AS LINKS TO THE PROJECT WEBSITE, WHERE THEY COULD PROVIDE FEEDBACK OUTSIDE OF THE PUBLIC MEETING.

SO, I'LL GET INTO THE FUN STUFF.

WE'LL GO FROM EACH OF THE CITIES INCLUDED IN THE PLAN, AND THEN END WITH THE COUNTIES, AND TAKE A LOOK AT WHAT OUR MAPS LOOK LIKE FOR THE CITY OF EAGLE LAKE.

KEEP IN MIND THESE ARE FOR EACH SLIDE.

ITS INFRASTRUCTURE IS OWNED BY THAT JURISDICTION.

SO, CITY OF EAGLE LAKE HAD A LOT OF CONSTRUCTION PROJECTS THAT DID CONVERT A LOT OF INFRASTRUCTURE WITHIN THE BOUNDARIES MORE ACCESSIBLE AND SAME IN SOME OF THE OTHER IN THE OTHER CITIES, HOWEVER, THEY WERE ON COUNTY ROADWAYS.

[00:40:03]

SO, THOSE NUMBERS WILL BE REFLECTED IN THE COUNTY TABLES.

SO, CITY OF EAGLE LAKE CITY OWNED INFRASTRUCTURE, SIDEWALKS GOT AN INCREASE OF ONE PERCENTAGE POINT AND NO CHANGE FOR THE OTHER ASPECTS. CITY OF MANKATO INCREASED THEIR CURB RAMP ACCESSIBILITY BY FOUR PERCENTAGE POINTS AND THEIR SIDEWALKS BY ONE.

NO CHANGE IN THE OTHERS.

CITY OF NORTH MANKATO.

I'LL WAIT TO CATCH UP HERE.

ONE MORE. THERE WE GO.

CURB RAMPS, PLUS 12 PERCENTAGE POINTS AND SIDEWALKS.

SIX PERCENTAGE POINTS.

AND THEN SKYLINE IS OUR LITTLE FUN.

SMALL ONE DOES NOT HAVE ANY CITY OWNED INFRASTRUCTURE WITHIN THE JURISDICTION.

SO, THEIRS IS MORE POLICY BASED.

AND THEN OUR COUNTIES, BLUE EARTH, WHERE WE JUST GOT DONE PRESENTING.

WE HAD FIVE PERCENTAGE POINT INCREASE FOR CURB RAMPS AND SIDEWALKS, TWO PERCENTAGE POINTS AND THE ONE WE CARE MOST ABOUT TODAY NICOLLET COUNTY 12% FOR CURB RAMP ACCESSIBILITY IMPROVEMENTS FOR PERCENTAGE POINTS.

AND THAT IS QUITE GOOD IN A FIVE-YEAR SPAN.

NO CHANGE FOR SIDEWALKS AND CURB RAMPS.

AND THEN WE HAVE OUR MAPS.

SO, WHAT WE DID WAS GO JURISDICTION BY JURISDICTION WITH WITHIN NICOLLET COUNTY AND MAP THOSE OUT.

SO, I CAN KIND OF SLOW SCROLL SLOWLY THROUGH THEM IF YOU'D LIKE.

OTHERWISE, UM, IF YOU HAVE ANY QUESTIONS, EITHER TODAY OR OUTSIDE OF TODAY'S MEETING, YOU CAN CONTACT SETH OR MYSELF AND WE CAN HELP ANSWER ANY QUESTIONS ABOUT THE SPECIFIC DATA. BUT YOU'LL SEE RED AND GREEN ON EACH OF THE MAPS.

THE RED ONES MEAN ANY ASPECT OF THAT POINT, OR IT'S A POINT.

IT'S A SIDEWALK OR A CURB RAMP.

IF IT'S A LINE, IT'S A SIDEWALK SEGMENT.

IF IT'S RED, THAT MEANS ANY ASPECT OF THAT CURB, RAMP OR SIDEWALK FAILED TO MEET ACCESSIBILITY.

SO, IF ONLY ONE ASPECT OF IT DOES NOT MEET COMPLIANCE, THE WHOLE THING IS MARKED AS RED.

SO, IN SOME CASES IN SOME CITIES THAT MIGHT MEAN, YOU KNOW, IT'S A SIDEWALK ON A BLUFF AND WE CAN'T PHYSICALLY GET THE SLOPE TO BE LESS THAN 5% TO BE COMPLIANT.

IT WOULD STILL COME UP AS RED.

IF IT'S GREEN, THAT MEANS ALL OF THE ASPECTS OF ACCESSIBILITY.

SO, LIKE RUNNING SLOPE, CROSS SLOPE, MAKING SURE THERE'S NO VERTICAL DISCREPANCIES OR LARGE CRACKING, THAT WOULD ALL LOOK GREAT IF IT IS COMING UP AS GREEN.

SO, WE HAVE ALL OF THOSE.

MR. CHAIR? COMMISSIONER? YES. COULD I JUST ASK YOU A QUICK.

YEAH. SO, IF IT IS RED SO NON-COMPLIANT IN ONE OR MORE WAYS, DOES THAT NECESSARILY MEAN THERE'S A PLAN TO ADDRESS THOSE REASONS? GREAT QUESTION. SO, A LOT OF THE IMPROVEMENTS WILL HAPPEN THROUGH EXISTING PROJECTS.

RIGHT. WELL, WHETHER IT'S A CIP PROJECT OR A, YOU KNOW, I KNOW BLUE EARTH COUNTY THIS MORNING WE'RE SAYING EVEN NOW MILL AND OVERLAY PROJECTS WILL TRIGGER SIDEWALK OR CURB RAMP IMPROVEMENTS WHEN THEY WOULDN'T TYPICALLY BEFORE YOU WOULDN'T NECESSARILY DO A SPOT TREATMENT.

I'M NOT SURE HOW EXACTLY IT WORKS WITH MAYBE RYAN'S BETTER OR SETH'S A BETTER PERSON TO ANSWER THIS QUESTION, BUT TYPICALLY WE DON'T DO SPOT TREATMENTS UNLESS IT'S VERY INACCESSIBLE AND NEEDS TO BE ADDRESSED RIGHT AWAY.

YEAH. THE WAY I HANDLE TAKING CARE OF THESE DEFICIENCIES IS VERY SIMILAR TO BLUE EARTH COUNTY.

WE'RE NOT GOING TO COME IN AND DO JUST A CURB RAMP ONLY PROJECT, BECAUSE THE UNIT COST JUST FOR DOING ONE CURB RAMP IS GOING TO BE VERY HIGH.

WE WILL TRY TO TIE THOSE IMPROVEMENTS INTO A MUCH LARGER INFRASTRUCTURE PROJECT.

SO, LIKE BRITT WAS SAYING, ADDITIONAL FEDERAL GUIDANCE HAS COME OUT SAYING THAT WHAT KIND OF TRIGGERING PROJECT ACTUAL TRIGGERS THE REQUIREMENT THAT YOU UPDATE AND THAT'S THAT MILL AND OVERLAY AND OF COURSE, FULL RECONSTRUCTION, THOSE TYPE OF PROJECTS WE WOULD LOOK AT MAKING THOSE ADA IMPROVEMENTS AT THAT TIME.

AND LIKE SHE WAS SAYING, YOU KNOW, THEY'RE GOING TO BE ONE ASPECT OUT OF SEVERAL MEASUREMENTS THAT YOU TAKE ON A SIDEWALK AND YOU COULD BE OUT A HALF A PERCENT ON THE CROSS SLOPE, AND IT THROWS IT INTO THE DEFICIENT CATEGORY.

THAT SIDEWALK COULD HAVE BEEN BRAND NEW, YOU KNOW, THREE YEARS AGO.

AND YOU HAVE A LITTLE BIT OF SETTLEMENT THAT PUTS IT OUT.

WE'RE NOT GOING TO GO OUT AND TEAR OUT ALMOST BRAND-NEW SIDEWALK JUST BECAUSE WE'RE A HALF A PERCENT, UM, OUT.

UM, WE WOULD WAIT FOR A LARGER INFRASTRUCTURE PROJECT TO INCORPORATE THOSE.

MR. CHAIR, IF I JUST MIGHT FOLLOW UP ON THAT.

SETH, LET ME JUST ASK YOU, LET'S SAY WE LEARN THAT A CHILD IN A WHEELCHAIR MOVES TO A NEIGHBORHOOD AND THERE ARE RED BOXES.

DOES THAT CHANGE AT ALL? OUR APPROACH POTENTIALLY.

[00:45:02]

AND AS PART OF THE ADOPTION OF OUR PLAN, WE HAVE, THE NAME IS ESCAPING ME, BUT THERE'S A FORM THEY CAN FILL OUT AND SEND IN. YEAH, GRIEVANCE FORM THAT, YOU KNOW, AN INDIVIDUAL LIKE THAT COULD FILL OUT.

IT ALERTS US THAT THERE IS A POTENTIAL ISSUE OUT THERE, AND WE'LL INVESTIGATE AND SEE, YOU KNOW, WHAT WE DO GOING FORWARD WITH THAT.

SO, WE MIGHT GO OUT AND IT'S POSSIBLE.

IT'S POSSIBLE.

YEAH. YEAH, YEAH.

AND THE PLAN HAS THAT WHOLE GRIEVANCE FORM.

IT HAS THE PROCESS, AND IT HAS WHO TO CONTACT BOTH WITHIN THE CITY OR COUNTY DEPENDING ON THE JURISDICTION.

BUT ALSO, FEDERAL LAWS AND REGULATIONS, TOO, THAT FOLKS CAN REFERENCE AS WELL.

OKAY. THANK YOU.

YEAH, I'LL KEEP MOVING THROUGH THEN.

SO, WE HAVE SOME MORE CITIES AND WITHIN NICOLLET COUNTY HERE, AND THEN WE GET INTO OUR PRIORITY AREAS.

SO WE DO LIST OUT, HANDFUL OF HIGH PRIORITY AREAS THAT WE WOULD WANT TO SEE IMPROVEMENTS MADE FIRST, WHICH ARE, YOU KNOW, GOVERNMENT FACILITIES, DMVS, LICENSE BUREAUS, PUBLIC LIBRARIES, SCHOOLING, PRIMARY, SECONDARY, HOSPITALS, HEALTH CLINICS, PUBLIC HOUSING, HOMELESS SHELTERS, ESPECIALLY THOSE THAT ARE FOCUSED ON SENIOR LIVING OR ACCESSIBLE LIVING, COLLEGES, UNIVERSITIES, TECHNICAL SCHOOLS, TRANSPORTATION HUBS AND PARKS.

AND ON THE NEXT SLIDE, WE HAVE MORE MEDIUM PRIORITY AREAS LIKE RETAIL LOCATIONS, CHURCHES, EMPLOYMENT SITES, HOUSING THAT'S NOT SPECIFIC TO SENIOR OR ACCESSIBLE LIVING.

AND WE HAVE OUR LOW PRIORITY AREAS.

WE HAVE THESE LISTED BECAUSE A LOT OF TIMES WHEN WE'RE LOOKING AT APPLYING FOR FUNDING, WHETHER IT'S A GRANT OR SOMETHING THAT CAN HELP US IMPROVE OUR DEFICIENT POINTS, IF WE CAN HIGHLIGHT, HEY, WE HAVE X NUMBER OF MILES OF SIDEWALK.

IT'S WITHIN THIS DISTANCE OF A SCHOOL IT ALSO INFECTS AFFECTS HOW OUR KIDS CAN ACCESS SCHOOL.

IT'S REFERENCING OUR SAFE ROUTES TO SCHOOL PLAN FOR THOSE CITY PLANS.

IT CAN HELP REALLY SELL GETTING FUNDING FOR FEDERAL MONEY AS WELL.

SO, WE WANT TO MAKE SURE WE'RE HIGHLIGHTING WHICH AREAS WILL BENEFIT THAT THE MOST.

AND ON THE LAST SLIDE I HAVE PREPARED FOR YOU GUYS, UH, HAS PER UNIT COSTS FOR EACH OF THE ASPECTS OF ACCESSIBILITY IMPROVEMENTS.

SO, SETH JUST MENTIONED, YOU KNOW, WE WOULDN'T NECESSARILY DO A SPOT CHECK, OR A SPOT IMPROVEMENT, ON A PEDESTRIAN RAMP.

IT IS $5,000 ESTIMATED TO DO THAT.

WHEN WE KNOW THAT THERE'S A CIP PROJECT COMING UP NEXT YEAR THAT WOULD INCLUDE THAT ANYWAYS.

SO. ARE THERE ANY SPECIFIC QUESTIONS FOR SETH OR ME ON ANYTHING WE'VE SAID TODAY? ANY QUESTIONS FOR THE PRESENTERS? I MIGHT JUST, UH, TO CLARIFY THE REASON WE DON'T SEE ST.

PETER IN HERE. IT'S NOT A MEMBER OF THE MANKATO AREA PLANNING ORGANIZATION, BUT NICOLLET COUNTY IS CORRECT.

CORRECT? YEP.

AND THE OTHER CITY LIKE SAINT PETER, THEY ALSO NEED TO HAVE A TRANSITION PLAN FOR THEIR INFRASTRUCTURE.

THEY'RE JUST NOT TIED INTO THE MAPLE.

RIGHT. UMBRELLA.

RIGHT. THE NICOLLET COUNTY NUMBERS AND THE [INAUDIBLE] NUMBERS I THINK ARE GOOD WHEN WE SEE.

JUST DIALING INTO THE NICOLLET COUNTY REPORT HERE.

SIDEWALKS AT 91%.

NO CHANGE.

CROSSWALKS AT 13%, NO CHANGE.

I THINK THOSE NUMBERS WERE SIMILAR IN NORTH MANKATO.

LET ME JUST DIAL BACK.

THAT MEANS THAT BOTH OF THOSE ENTITIES, OR NORTH MANKATO HAS MADE SOME IMPROVEMENTS TO UH, WHEN IT COMES TO BUS STOPS, APS, SIGNALS, NO CHANGE, NO CHANGE, NO CHANGE.

DOES THAT MEAN THAT THINGS ARE LOOKING PRETTY GOOD IN THOSE AREAS, OR WHEN IT'S AT 35%, DOES THAT NEED TO BE IMPROVED? THANK YOU, MR. CHAIR, FOR THE QUESTION.

SO YEAH, YOU'LL SEE. JUST LOOKING AT THE NORTH MANKATO CHART SINCE YOU REFERENCED THAT ONE, THE BUS STOPS ARE AT 27%, APS 35 AND CROSSWALKS AT 99%, CROSSWALKS 99%. THAT'S GREAT.

NOTHING CHANGED BETWEEN FIVE YEARS AGO AND NOW.

SO, THERE HAVEN'T BEEN ANY SPECIFIC CONSTRUCTION PROJECTS THAT REPLACED ANY OF THESE ITEMS. OR IF THERE HAD BEEN, IT WASN'T ENOUGH OF A NUMBER OF UNITS INCREASED TO AFFECT THE OVERALL PERCENTAGE, IF THAT MAKES SENSE. AND SO, WHEN THESE ENTITIES GO TO MAKE THESE IMPROVEMENTS, WHERE DO THEY GET THEIR FUNDS?

[00:50:04]

THERE CAN BE A VARIETY OF OPTIONS.

YOU CAN USE LOCAL TAX LEVIES, SALES TAXES.

THERE ARE FEDERAL GRANT DOLLARS AVAILABLE FOR THOSE TYPE OF IMPROVEMENTS ALSO.

SO, THERE'S VARIOUS AVENUES OF FUNDING THAT YOU COULD USE ON MAKING IMPROVEMENTS.

I JUST WANTED TO SHARE WITH MEMBERS.

I'M A MEMBER OF THE MANKATO AREA PLANNING ORGANIZATION, SO I'VE SEEN THIS REPORT BEFORE, BUT I DIDN'T GET A CHANCE TO ASK BRITT THESE QUESTIONS.

SO, IF YOU WERE TO CHARACTERIZE WHERE NICOLLET COUNTY IS AT, HOW WOULD YOU HOW WOULD YOU RATE OUR WORK? YEAH, NICOLLET COUNTY AND BLUE EARTH COUNTY, ESPECIALLY WITHIN THE NORTH MANKATO AREA.

IT'S VERY TOUGH TO BE ACCESSIBLE IN IN OLDER COMMUNITIES, ESPECIALLY THOSE THAT ARE ON RIVERS, BECAUSE YOU HAVE A LOT OF SLOPE VARIATION.

YES. AND WITH THE NUMBERS THAT I'M SEEING, IT'S VERY GOOD.

ESPECIALLY SEEING THESE PERCENTAGE POINTS GO UP SO MUCH.

I MEAN, NICOLLET COUNTY ALONE HAD 12% PERCENTAGE IN JUST FIVE YEARS ALONE.

SO, THAT'S VERY, VERY GOOD TO SEE.

AND THE EXPERIENCE THAT WE'VE DONE IN THE PAST WITH COUNTYWIDE PLANS LOOKS VERY GOOD.

THAT IS ENCOURAGING.

YES, YES.

AND SO, IF WE WENT WHILE WE GOT NORTH MANKATO THERE, YOU SEE A LOT OF OUR RED DOTS ARE ON COUNTY ROAD 13.

THAT'S A VERY OLD PIECE OF COUNTY ROAD 13.

AND EVENTUALLY HERE WILL BE PROGRAMING CAPITAL, YOU KNOW, IMPROVEMENT PROJECT OF A MILL AND OVERLAY OR SOME TYPE OF, YOU KNOW, SIGNIFICANT PROJECT ON THERE.

AND AT THAT TIME, YOU KNOW, WE WILL LOOK AT MAKING THOSE ADA IMPROVEMENTS.

AND SO, ALL THOSE RED DOTS AND DEFICIENT SIDEWALK WILL DISAPPEAR PART OF THAT.

SO, ONE PROJECT ALONE CAN CHANGE THAT PERCENTAGE, YOU KNOW, VERY QUICKLY.

ANY OTHER QUESTIONS FROM MEMBERS? I'M JUST CURIOUS ON THAT ONE.

JUST SINCE YOU'VE GOT THE MAP UP, WHY IS THE IS IT THE SIDEWALK SLOPE ON THE HILLSIDE COMING DOWN FOR ROCKFORD ROAD THERE THAT MAKES THAT RED AND THAT LINE AT THE BOTTOM, IT PROBABLY EXCEEDS THE THAT'S A PRETTY STEEP SLOPE, ITS SLOPE.

BUT I MEAN, WE'RE NOT GOING TO ALL OF A SUDDEN DO A MASSIVE NOTHING THERE OTHER THAN OF THE, YOU KNOW, THE FUN RIDE.

SO, EXCEPT IF YOU'RE GOING UP.

YEAH, THERE'S JUST SOME INSTANCES WHERE YOU'RE NEVER GOING TO ACHIEVE, YOU KNOW, MEETING EVERY COMPLIANCE FACTOR OF THE ADA.

AND I MEAN, THERE'S PROVISIONS IN THERE THAT YOU DON'T HAVE TO, YOU KNOW, GO TO THE END OF THE WORLD TO HIT ALL OF THOSE, OR THERE'S A BIT OF REALITY BUILT INTO THE PLAN.

YEAH, I THINK THAT, IF I MAY, THERE'S ALSO WE'VE TALKED A LOT ABOUT INFRASTRUCTURE TODAY BECAUSE THAT'S THE FUN.

AND ONE, TO BE HONEST. BUT THE POLICY, THERE'S ALSO POLICY INCLUDED AS WELL.

SO, FOR INSTANCE, AND I JUST GOT DONE DOING BLUE EARTH COUNTY, SO CITY OF EAGLE LAKE IN THEIR CITY CODE HAS YOU CANNOT PARK ON A SIDEWALK FOR MORE THAN 72 HOURS STRAIGHT.

OKAY, WELL, LET'S SAY YOU CAN'T PARK ON A SIDEWALK AT ALL UNLESS YOU PROVIDE AN ACCESSIBLE DETOUR ROUTE FOR FOLKS TO BE ABLE TO GET AROUND. RIGHT? SO, IT'S JUST A LOT OF, YOU KNOW, LOW HANGING FRUIT IMPROVEMENTS COULD BE DONE AS WELL THROUGH POLICY CHANGE.

SO, WE HAVE OUTLINED IN EACH OF THE CHAPTERS FOR EACH OF THE JURISDICTIONS SOME WORDING FOR POLICY IMPROVEMENTS THAT COULD BE DONE AS WELL.

LIKE I KNOW IN WHEN WE DID STILLWATER, THEY WOULD CONSISTENTLY HOLD THEIR PUBLIC MEETINGS IN AN OLDER BUILDING DOWNTOWN THAT JUST DID NOT HAVE ACCESSIBLE INFRASTRUCTURE. WHEN THEY HAD A BRAND-NEW LIBRARY WITH ACCESSIBLE SIDEWALKS AND PARKING ONLY HALF A BLOCK AWAY.

SO, WE SUGGESTED, YOU KNOW, HOLDING COUNTY MEETINGS THERE INSTEAD, WHERE IT'S A LITTLE MORE ACCESSIBLE FOR FOLKS TO ACCESS, I GUESS THIS PLAN FOR NICOLLET COUNTY FOCUSES JUST ON OUR HIGHWAY SYSTEM.

THIS DID NOT INCLUDE REVIEWING ADA INFRASTRUCTURE AROUND, SAY, THE GOVERNMENT CENTER HERE OR OUR FACILITY IN NORTH MANKATO. THIS IS JUST OUR TRANSPORTATION SYSTEM.

I GUESS WHAT WE'LL ASK THE BOARD IS TO HAVE A MOTION TO ACCEPT THE REPORT FROM STONEBROOK.

WELL, AT THIS TIME, I BELIEVE THIS IS JUST INFORMATIONAL TO GAIN ANY ADDITIONAL FEEDBACK FROM THE COUNTY BOARD.

OKAY. WE WILL WAIT TO, WE'LL TAKE, YOU KNOW, COMMENTS RIGHT NOW OR IF YOU GUYS THINK OF SOMETHING, YOU KNOW, LATER ON YOU CAN EMAIL MYSELF AND I'LL PASS IT ALONG TO BRITT.

SHE'S COMPILING, YOU KNOW, FEEDBACK FROM ALL THE MAPLE PARTNER JURISDICTIONS TO DEVELOP THAT FINAL DRAFT REPORT THAT WILL EVENTUALLY COME TO

[00:55:01]

THE MAPO POLICY.

THE MAPLE TACK WILL REVIEW IT, COME TO THE MAPO POLICY BOARD, AND THEN I WILL PROBABLY BE COMING BACK TO THE COUNTY BOARD TO, AS BRITT ALLUDED TO EARLIER IN THE PRESENTATION, TO HAVE THE BOARD ADOPT OUR CHAPTER OF THE OVERALL MAPLE.

THANK YOU FOR THAT CLARIFICATION, BRITT.

HOW MANY COMMUNITIES DOES STONEYBROOK WORK ON THIS TYPE OF STUDY? YEAH, FOR COUNTYWIDE.

SO, SIMILAR TO WHAT YOU GUYS ARE EXPERIENCING, WE'VE DONE PROBABLY 7 OR 8 COUNTYWIDE PLANS IN THE LAST TEN YEARS.

WE'VE DONE A COUPLE OF PLANNING LIKE 2 TO 3 YEARS.

SO, PLANNING ORGANIZATION PLANS AND 20 TO 30 CITYWIDE PLANS IN THE LAST TEN YEARS.

YEAH. VERY GOOD.

SO, YOU HAVE THE EXPERIENCE AND YOU'VE SEEN A LOT.

YEAH. MY FAVORITE PART IS, IS THE BUILDINGS THAT SETH SAID WAS NOT INCLUDED IN THIS.

I'M LICENSED THROUGH THE STATE TO BE ABLE TO GO IN.

AND ALTHOUGH IT SEEMS NOT AS FUN MEASURING TOILETS, BUT I REALLY LIKE DOING THAT KIND OF WORK AS WELL BECAUSE THAT STUFF IS REALLY LOW HANGING FRUIT.

I MEAN, YOU LOOK AT $5,000 FOR A CURB RAMP.

WELL, IT'S $0.50 TO GO OUT AND BUY A NEW LATCH FOR YOUR STALL DOOR THAT YOU CAN INSTANTLY SEE ACCESSIBLE IMPROVEMENTS.

SO, THAT'S MY FAVORITE.

I GEEK OUT ON ACCESSIBLE INFRASTRUCTURE WAY TOO MUCH WHEN I'M GOING TO BATHROOMS IN PUBLIC PLACES.

BUT YOU CAN'T BE. IT CAN'T BE TOO MUCH, RIGHT? YEAH. WELL, THANK YOU FOR YOUR APPEARANCE BEFORE THE COUNTY BOARD TODAY.

WE APPRECIATE IT. AND WE'LL LOOK FOR FUTURE RECOMMENDATIONS FROM SETH.

THANK YOU, MR. CHAIR.

MEMBERS OF THE BOARD, APPRECIATE YOUR TIME.

ANY OTHER ITEMS TO COME BEFORE THE BOARD AT THIS TIME? IF NOT, I'D LIKE TO WISH YOU ALL A HAPPY AND HEALTHY THANKSGIVING.

WE ARE ADJOURNED UNTIL WE MOVE SHORTLY WITH OUR DRAINAGE AUTHORITY.

WE WILL CALL THE NICOLLET COUNTY DRAINAGE AUTHORITY MEETING TO ORDER.

[Call Drainage Authority Meeting to Order: Chair]

CHAIR WOULD WELCOME A MOTION TO APPROVE THE AGENDA.

SO MOVED. WE HAVE A MOTION.

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

ALL IN FAVOR, SAY AYE.

AYE. THOSE OPPOSED? THAT CARRIES.

APPROVAL OF THE CONSENT AGENDA, PLEASE.

IS THERE A MOTION? SECOND.

WE HAVE A MOTION AND A SECOND.

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

AYE. THOSE OPPOSED? IT CARRIES.

AT THIS TIME, WE'LL OPEN THE DRAINAGE AUTHORITY TO PUBLIC APPEARANCES.

I SEE THAT THE FOLKS WHO ARE HERE ARE FOR OTHER ITEMS, AND SO WE WILL MOVE ON WITH THE CONTINUED COUNTY DITCH 77 LATERAL TWO PUBLIC HEARING ON THE FINAL ACCEPTANCE OF THE IMPROVEMENT PROJECT AND LEVEE REOPENING THE PUBLIC HEARING.

NOW, FOR THAT PARTICULAR PURPOSE, I'D LIKE TO INVITE JACKIE KOPET TO BRING FORWARD HER INFORMATION.

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

JUST TO KIND OF RECAP WHERE WE'RE AT ON THIS.

ON MARCH 24TH, 2020, THE DRAINAGE AUTHORITY ACCEPTED THE FINAL ENGINEER'S REPORT AND VIEWERS REPORT FOR THE DETERMINATION PERTAINING TO THE IMPROVEMENT PROJECT OF COUNTY DITCH 77 LATERAL TWO.

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

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

THE ORIGINAL HEARING WAS SCHEDULED FOR SEPTEMBER 26TH AND WAS CONTINUED TO OCTOBER 24TH FOR ISG.

TO OBTAIN MORE INFORMATION ON SOME QUESTIONS THAT AROSE, AND THEN ON OCTOBER 24TH, THE HEARING WAS ONCE AGAIN CONTINUED TO TODAY FOR ISG TO FOLLOW UP ON A FEW ADDITIONAL ITEMS, WHICH CHUCK RANDALL IS HERE AND HAS INFORMATION ON THOSE ITEMS THAT WAS REQUESTED OF HIM. SO, THE PURPOSE OF TODAY'S PUBLIC HEARING IS FOR THE DRAINAGE AUTHORITY TO CONSIDER ACCEPTING THE ENGINEER'S REPORT, TO CLOSE THE PROJECT.

IF THAT IS APPROVED, I'LL BE ASKING YOU TO CONSIDER THE PROPOSED LEVY TO THE LANDOWNERS FOR THE PROJECT.

NOTICE FOR THIS PUBLIC HEARING WAS GIVEN AND IT WAS MAILED TO ALL LANDOWNERS ON SEPTEMBER 5TH, 2023.

SO, AT THIS TIME, I WOULD LET CHUCK RANDALL COME UP.

FOR HIS PRESENTATION ON THE INFORMATION THAT WAS REQUESTED.

THANK YOU, MR. RANDALL. GOOD MORNING.

ALL RIGHT. THANK YOU.

[01:00:01]

UM, THERE WERE FOUR ITEMS THAT WERE AT LEAST THE NOTES THAT I HAD THAT NEEDED TO BE ADDRESSED FROM THE LAST MEETING.

UM, THE FIRST ONE THAT I'M GOING TO COVER IS THE EXISTING MAIN LINE TILE.

ON THE WEIBLE PROPERTY.

SO, AT THE LAST HEARING, WE DISCUSSED WHAT IT WOULD COST TO BREAK THE TILE IN A MANNER THAT WOULD STOP FROM MAJOR HOLES COLLAPSING. SO, IF YOU LOOK AT THE SCREEN AND I APOLOGIZE, THE HANDOUT THAT THAT WAS PRINTED IN THE OFFICE, THE RED DIDN'T PRINT. THERE'RE FIVE SPOTS THAT WE'D RECOMMEND CLOSING THE TILE, AND THEY WOULD BE RIGHT NEAR THE OUTLET, WHERE IT OUTLETS INTO THE OPEN DITCH.

THAT'S THE FIRST ONE.

AND THEN EVERY 300FT, FROM THERE ON.

AND THAT WOULD ALLOW THAT THAT EXISTING TILE COULDN'T TAKE ANY MORE WATER.

SO, IT WOULD BE INSTEAD OF REMOVING IT, WHICH WOULD BE COSTLY BECAUSE YOU'D HAVE TO TEAR IT OUT, TAKE IT SOMEWHERE.

TYPICALLY, THE PROCEDURE IS TO OPEN IT UP, CRUSH IT, PUT CONCRETE, AND TYPICALLY THEY JUST USE SOME SAKRETE AND WATER AND CLOSE IT.

YOU PHYSICALLY BREAK IT SO THERE'S NO CONNECTION ANYMORE.

IN THOSE FIVE LOCATIONS FROM PAST BIDS THAT WE'VE SEEN FOR A TILE OF THIS SIZE, IT'S TYPICALLY ABOUT $1,500 PER PIECE. SO THAT WOULD BE A $7,500 COST, IF YOU WOULD SO APPROVE.

ADDING THAT TO THE TO THE PROJECT.

SO, THAT WAS THE FIRST ITEM.

UH, THE SECOND ITEM THAT I HAD NOTED WAS, UH, TRYING TO GET A HOLD OF JIM GIZYCKI.

AND I DON'T BELIEVE HE IS HERE.

WE HAD MULTIPLE PHONE NUMBERS, TRIED TO CALL HIM, COULD NOT GET A HOLD OF HIM.

UM, WE HAVE NO RECORD OF THE ROCKPILE, SO I DON'T I DON'T REALLY AT THIS POINT HAVE ANY RECOMMENDATION FOR THAT.

UM, THERE WAS SOME ROCKS REMOVED IN THAT AREA, BUT I DON'T HAVE ANY RECORD FOR THAT.

THE THIRD ITEM WAS THE BRANCH TO BE TILE OUTLET.

AND I UNDERSTAND WHAT THE CONFUSION WAS.

THERE WERE TWO TILE OUTLETS.

THIS IS ACTUALLY, I'LL BACK UP.

WE HAD AN INSPECTOR GO OUT LATE OCTOBER AND WALK THE DITCH AND LOOK AT THE TILE OUTLETS.

THIS PICTURE SHOWN ON THE SCREEN IS THE BRANCH.

TO BE TILE OUTLET.

IT WAS FIXED. IT WAS REPAIRED.

FURTHER TO THE WEST OF THERE, THERE IS A TILE THAT LOOKS LIKE THIS.

THIS IS VERY.

THIS LOOKS VERY SIMILAR TO THE PICTURE THAT I SHOWED.

IT IS NOT THE SAME TILE, BUT IT IS.

IT WAS REPAIRED IN THE SAME MANNER.

SO, I UNDERSTAND WHERE THE CONFUSION CAME FROM.

SO, 2B WAS FIXED.

THIS ONE WAS NOT.

AND THAT GETS INTO THE THIRD ITEM, BUT I JUST WANT TO FINISH THE BRANCH TWO B ITEM FIRST.

SO, I UNDERSTAND THE COMMENTS AND I, THEY LOOK VERY SIMILAR.

SO, WE DID CONTACT THE INSPECTOR THAT WAS OUT THERE, CONFIRMED THAT WHERE THE PHOTO WAS TAKEN, AND THAT THE BRANCH TO BE OUTLET WAS REPAIRED WITH A TEN-INCH TILE OVER THE EIGHT-INCH TILE.

THE LAST ITEM THAT I HAD WAS THE PRIVATE TILE OUTLETS.

WE WALKED THE ENTIRE OPEN DITCH.

THERE ARE MULTIPLE TILE OUTLETS.

THE COMMENTS WERE THAT THE TILE OUTLETS ON THE EAST WEST SECTION WERE IN THE WORST SHAPE.

THE PICTURES ON THE SCREEN ARE THOSE TILE OUTLETS.

THEY ARE IN THE WORST SHAPE.

THEY ARE TWO 15-INCH TILES THAT HAVE BEEN PUT OVER THE TOP OF PRIVATE TILE AND ONE 12-INCH TILE.

BASED ON THE COMMENTS THAT WE RECEIVED, IF WE FIXED ALL 12 PRIVATE TILE OUTLETS, THAT WOULD BE APPROXIMATELY $20,000 OF REPAIR COSTS.

MY RECOMMENDATION WOULD BE TO FIX THESE THREE.

THESE ARE THE THREE THAT WE'VE GOTTEN COMMENTS ON.

AND THAT COST WOULD BE APPROXIMATELY $5,300.

MY RECOMMENDATION WOULD BE USE THE LARGER TILE SIZE TO PUT OVER THE TOP.

SO, WE MATCH WHAT'S THERE.

IT'S A PRIVATE TILE.

WE HAVE TO BE CAREFUL WHEN WE DEAL WITH PUBLIC TILE NOT TO OVERSIZE THEM, BUT IN THIS CASE, THESE ARE ALL PRIVATE TILE I WOULD MATCH WHAT'S THERE.

THERE'S TWO 15-INCH TILE OUTLETS AND A 12-INCH TILE OUTLET.

[01:05:06]

THERE IS RIPRAP THAT WAS PLACED THERE, BUT YOU CAN SEE THIS ONE HAS FALLEN OFF.

THE COST ESTIMATE THAT I PUT TOGETHER INCLUDED ADDING MORE RIPRAP TO EACH ONE OF THOSE WITH THE TILE OUTFIT.

THOSE WERE THE FOUR ITEMS THAT WE HAD TO ADDRESS.

AND THE LETTER.

I WENT OVER THOSE FAIRLY QUICKLY BASED ON WHAT WE FOUND.

IT IS STILL OUR RECOMMENDATION THAT WE COULD CLOSE THE PROJECT OUT PENDING THE REPAIR ON THE WEIBLE PROPERTY.

THE THREE PRIVATE TILE OUTLETS, IN MY OPINION, COULD BE CONSIDERED AS PART OF A REPAIR.

AND I DO HAVE THE AMOUNTS OF WHAT IS THE CONTRACTORS OWNED.

HE HAS REACHED OUT TO US.

HE HASN'T. I THINK WE NEED TO GET BACK TO HIM.

I TOLD THEM THERE WAS ANOTHER HEARING, YOU KNOW, BUT THEY'RE CURRENTLY OWED 35.

ONE 2215.

THAT'S A SUMMARY OF WHAT WE WENT THROUGH.

WE WENT THROUGH ALL ONE MORE, ONE MORE COMMENT ON THE PRIVATE OUTLETS.

I WENT THROUGH ALL OF OUR EMAILS, ALL OF OUR CORRESPONDENCE, AND THERE WAS A TIME AFTER THE FIR WHERE WE WERE LOOKING AT AT COST SAVINGS, AND THAT IS WHEN THEY WERE TAKEN OUT. IT WAS AN ISG UM, DECISION.

WE REMEMBER THE COSTS WERE GOING UP AT THAT TIME.

AND SINCE THEY WERE PRIVATIZED OUTLETS, WE DID TAKE THOSE OUT.

SO, I DID CONFIRM THAT THE DISCUSSION WITH COUNTY STAFF HAPPENED AFTER THE BID.

SO, IF WE SHOULD INCLUDE THEM LATE AS A CHANGE ORDER OR NOT.

SO, I JUST WANT TO CONFIRM THAT.

IS THAT YOUR REPORT? THAT'S OUR THAT'S MY REPORT.

ALL RIGHT. AT THIS TIME, WE'LL OPEN THE PUBLIC HEARING PORTION OF THE MEETING, INVITING ANYONE TO COMMENT IF THEY WOULD WISH TO DO SO.

IF YOU DO, PLEASE COME FORWARD TO THE MICROPHONE.

STATE YOUR NAME AND ADDRESS FOR THE RECORD.

MORNING, MR. WEIBLE.

MORNING. TIM WEIBLE 45438 541ST AVENUE, PORTLAND.

I'M OKAY WITH WHAT WAS BROUGHT FORWARD BY MR. BRANDEL. THERE'S ONLY ONE THING WITH THERE IS STILL FROM THE OLD TILE.

THERE STILL IS A [INAUDIBLE].

IF THAT COULD BE PART OF THE BURIED PROCESS, I WOULD APPRECIATE THAT.

AND AS LONG AS THEY'RE OUT THERE, THAT PROBABLY COULD BE ONE OF THE PLACES WHERE THEY COLLAPSE IT, BURY IT, AND PUT CEMENT OVER.

YOU READ MY MIND. IT DOESN'T HAVE TO BE EXACTLY IN THESE LOCATIONS.

WE COULD ADJUST THAT AND DO THAT AT THAT SPOT.

THANK YOU. SO THAT WOULD BE YOUR RECOMMENDATION.

I APPRECIATE IT, TIM.

THANK YOU. ANYONE ELSE WISH TO COME FORWARD? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AS WE.

HAVE THIS HEARING.

TRAVIS STOLMEYER 397835 561ST, NEW ULM.

SO. THAT THE THAT 2B GOT FIXED.

MY CONCERN ABOUT THAT WASN'T IT BEING FIXED.

IT WAS THAT THAT'S A THAT'S A COUNTY TITLE.

IT'S A 12-INCH TITLE AND IT'S GOT A TEN-INCH OUTLET.

THAT WAS MY CONCERN.

SO OTHER THAN THAT, IF THEM THREE GET FIXED, THAT'S THE ONLY CONCERN I HAVE LEFT.

I'LL JUST.

THAT IT SHOULDN'T BE THAT SMALL OF AN OUTLET ON THAT BIG OF A TILE.

THAT'S MY CONCERN.

THANK YOU. TRAVIS.

ANYONE ELSE WISH TO COME FORWARD TO STATE YOUR CONCERNS? GOOD MORNING. GOOD MORNING.

L SCHMIDT 39243 561ST AVENUE, NEW ULM.

CAN YOU GO TO THE PICTURES OF THOSE OUTLETS? SEE ALL THE WATER, GO TO THE NEXT PICTURE.

THAT WATER ISN'T DISAPPEARING.

THAT'S SUPPOSED TO BE TO THE OUTLET.

WE NEED TO MAKE SURE THERE'S NO HUMP IN THERE LIKE THERE WAS NORTH OF MY DRIVEWAY.

REMEMBER WHEN WE CLEANED THAT NUMBER OF YEARS AGO? YEP. THERE WAS A HUMP IN THERE THAT THE NORTH END NEVER DRAINS.

IT DRAINS NOW.

WE NEED TO MAKE SURE THAT THIS WATER GOES AWAY THERE.

CAN I RESPOND TO THAT ONE? YEAH. FROM AT LEAST OUR OBSERVATIONS THAT THE DITCH WAS CLEANED AND DEEPENED TO THE RIGHT ELEVATION.

SINCE THEN, THERE'S BEEN SOME EROSION.

I WOULD RECOMMEND THAT A SPOT CLEANING IN THAT LOCATION WOULD TAKE CARE OF THAT, MORE THAN LIKELY.

BECAUSE IT IS, IT'S SLOUGHING IN THAT IT'S THERE'S BEEN SOME SLOUGH OR CAVE INS ON THE SIDES.

YEAH. AND THAT'S WHAT'S CAUSED THAT.

[01:10:01]

SO, A SPOT CLEANING IN A COUPLE LOCATIONS WOULD TAKE CARE OF THAT.

SO, I'D APPRECIATE THAT.

ANYTHING ELSE, SIR? NOPE. THAT SHOULD BE IT.

ANYONE ELSE WISHING TO COME FORWARD? MAKE A COMMENT ON THE ON THIS ITEM BEFORE US AT THE DRAINAGE AUTHORITY TODAY.

I'M LOOKING AT MR. WEIBLE. TRAVIS.

AL. ANYONE ELSE WISH TO COME FORWARD? AT THIS TIME.

AFTER OUR PUBLIC COMMENT AND DISCUSSION, I'D LIKE TO CLOSE THE PUBLIC COMMENT HEARING.

IF THE BOARD IS COMFORTABLE MOVING AHEAD WITH THE FINAL ACCEPTANCE AS CHAIR, WE WILL ASK THE DRAINAGE AUTHORITY FOR THE FOLLOWING MOTION.

WOULD YOU LIKE TO STATE THE MOTION, JACKIE? OR WOULD YOU LIKE ME TO DO THAT? TO ACCEPT THE FINAL ACCEPTANCE REPORT PRESENTED BY ISG AND THEN DIRECT THE PCSD DIRECTOR TO PREPARE FINDINGS AS TO BE PRESENTED AT THE NEXT DRAINAGE AUTHORITY MEETING.

MR. CHAIR, IF I MAY, I DO HAVE A COUPLE OF QUESTIONS.

OH, I'M SORRY, YOU GO AHEAD.

CONSIDERING MR. RANDALL'S REPORT AND SOME OF THE COMMENTS, THERE'S BEEN ADDITIONAL ITEMS BROUGHT UP FOR CONSIDERATION THAT APPEAR THAT MAYBE REPAIRS, NOT IMPROVEMENT, IS MY UNDERSTANDING.

UM, SO I WOULD MAYBE ASK THE BOARD FOR DIRECTION ON HOW YOU WANTED TO MOVE FORWARD WITH THOSE IF YOU WOULD CONSIDER CLOSING THE IMPROVEMENT PORTION AND EITHER APPROVE THE REPAIRS TO BE DONE OR TO HAVE REPAIR REPORTS CREATED, AND HAVE MR. HENRY LOOK THROUGH THAT AND PRESENT THOSE REPAIR REPORTS AT A LATER DATE OR GO AHEAD AND APPROVE THEM NOW.

SO, THOSE ARE MY QUESTIONS BEFORE YOU ACTUALLY MAKE A MOTION.

I HAVE ONE COMMENT.

JUST THE REPAIRS OF THE PRIVATE TILE OUTLETS COULD BE DONE AT ANY TIME.

I WOULD RECOMMEND, IF YOU'RE GOING TO APPROVE THE REPAIR ON THE WEIBLE PROPERTY, TO APPROVE THAT BEFORE YOU FINALIZE THE PROJECT, BECAUSE WHEN YOU FINALIZE THE PROJECT, YOU ABANDON THAT TILE, AND IT BECOMES A PRIVATE TILE.

SO, I'M NOT SURE EXACTLY PROCEDURALLY HOW THAT WORKS.

BECAUSE OF THE COST OF THOSE REPAIRS, IF YOU'RE UNDER 175,000, YOU DON'T NEED A FORMAL REPORT.

YOU DIDN'T GET A PETITION.

SO, YOU COULD POTENTIALLY APPROVE THOSE.

YOU KNOW, TODAY THERE'S SMALL REPAIRS, BUT I'M NOT SURE WHAT YOUR PROCEDURE IS, BUT I'M JUST, IT SOUNDS LIKE A CATCH 22.

YES, IT'S A CATCH 22.

AND I JUST DIDN'T WANT YOU TO GET.

NOW YOU'RE REPAIRING A TILE THAT YOU ABANDONED.

SO, I JUST WANT TO MAKE SURE WE DIDN'T GO DOWN THAT ROUTE.

COUNTY ATTORNEY, WOULD YOU LIKE TO WEIGH IN? I THINK THE DECISION POINT FOR THE BOARD IS THAT WHEN THE ORIGINAL PROJECT WAS PROPOSED BACK IN 2020, THE BOARD APPROVED THE PROJECT THAT INCLUDED ABANDONMENT OF THE PROPERTY THAT WE'RE TALKING ABOUT ON THE TABLE.

AND SO, THE PROJECT WAS APPROVED WITH THAT.

SECTION OF TILE BEING ABANDONED.

IT WAS NOT APPROVED TO GO IN AND CRUSH THAT AREA OF TILE.

SO, THE ISSUE TODAY BEFORE THE BOARD IS ACCEPTANCE OF THE FINAL CONTRACT ITSELF.

SO, HOW DO WE DANCE THROUGH THIS IN YOUR OPINION? I THINK THE BOARD HAS TO MAKE SOME DECISIONS ABOUT WHAT IT WANTS TO APPROVE AS PART OF THE IMPROVEMENT PROJECT AT THIS STAGE OF THE PROCEEDINGS.

THE REPAIR REPORT ON THE OUTLETS WAS NOT INCLUDED IN THE ORIGINAL BID CONTRACT.

AND SO THAT WOULD BE DONE OUTSIDE THE IMPROVEMENT PROJECT, BECAUSE THAT WAS NOT PART OF THE ORIGINAL BID THAT WAS PUT OUT.

WELL, MR. CHAIR. YES, COMMISSIONER.

I JUST, MY QUESTION IS, IF WE APPROVE THE FINAL PROJECT AND ABANDON THAT TILE, THEN IT IS NO LONGER OURS.

SO THEN CAN WE CRUSH A TILE THAT WE NO LONGER HAVE? CORRECT. AND WHEN IT CAME BEFORE THE BOARD BACK IN 2020, THE BOARD DECIDED AT THAT POINT IT WAS GOING TO ABANDON THAT THAT PART OF THE TILE.

COMMISSIONER? THANK YOU, MR. CHAIR.

TO FOLLOW UP ON COMMISSIONER DEAN, I SEE THREE ITEMS COMING UP FROM MR. BRANDEL'S REPORT AND SUBSEQUENT PUBLIC COMMENT.

[01:15:03]

I'M GOING TO WORK BACKWARDS SPOT CLEANING.

IS THAT ANYTHING THAT WE HAVE TO.

I'M NOT SAYING WE DON'T DO IT, BUT DOES THAT HAVE TO BE CONSIDERED AS PART OF TODAY'S MOTION ON ACCEPTANCE OF THE FINAL REPORT, OR IS THAT A SEPARATE ITEM? I MEAN, I'LL, I'LL GIVE MY OPINION.

THAT'S A SEPARATE ITEM. YOU HAVE ROUTINE MAINTENANCE OF OPEN DITCHES ALL THE TIME.

SO, WE'RE NOT IGNORING THE SPOT CLEANING, BUT WE'RE NOT GOING TO DEAL WITH THE SPOT CLEANING AS PART OF THIS REPORT.

IS THAT UNDERSTOOD? OKAY. SO, WE'RE OKAY ON THAT.

NUMBER TWO AGAIN WORKING BACKWARDS.

IT'S THE PRIVATE TILE OUTLETS.

IS THE PRIVATE TILE OUTLETS PART OF THE FINAL ENGINEERING REPORT, OR IS THAT A REPAIR THAT IS SEPARATE FROM ACCEPTANCE OF THE REPORT? I WOULD ANSWER THE EXACT SAME WAY IS THAT THAT'S A REPAIR OUTSIDE OF THE IMPROVEMENT.

OKAY. SO, EVERYONE'S CLEAR.

WE DON'T NEED TO DEAL WITH EITHER OF THOSE ITEMS AS PART OF THE FINAL ENGINEERING REPORT.

ACCEPTANCE. CORRECT.

THE ONE ISSUE IS MR. WEIBLE AND THE ABANDONMENT OF A LINE AND OUR INABILITY TO DO ANYTHING ONCE THE LINE IS ABANDONED BECAUSE IT'S NOT OUR LINE. AND THE ABANDONMENT OF THE LINE WHEN THE PROJECT WAS ACCEPTED AND DISCUSSED DID NOT INCLUDE CRUSHING PORTIONS OF IT.

DO I UNDERSTAND THAT CORRECTLY? THAT'S WHAT THE WRITE BACK IN 2020.

THAT WAS THE PLAN, CORRECT? SO HOW DO WE DO SOMETHING THAT WASN'T IN THE PLAN THAT WAS ACCEPTED IN 2020? AND YOU MIGHT SAY YOU DON'T, COMMISSIONER.

I DO.

PROCEDURALLY, I THINK THAT'S WHERE THE BOARD IS AT.

THE PLAN WAS APPROVED. THE PROJECT WAS APPROVED WITHOUT THE CRUSHING.

NOW SUBSEQUENT TO THAT TIME, THERE IS THIS REQUEST.

SO, THE OUTSIDE THE PLAN THAT THE ORIGINAL APPROVED PLAN.

IS THERE ANY LIABILITY TO AMENDING THE APPROVED PLAN AT THIS TIME, IF I MAY, COMMISSIONER ZENS? JUST SPIT BALLING HERE, BUT IF WE DON'T CLOSE OUT THE PROJECT TODAY, WE STILL ARE RESPONSIBLE FOR THE WEIBLE LINE.

THAT'S NOT TECHNICALLY BEEN ABANDONED YET.

CORRECT? IT IS STILL OUR LINE AS OF TODAY.

RIGHT NOW, IT'S STILL OUR LINE.

CAN WE FIX THAT UNDER REPAIR BEFORE? CAN WE CONSIDER CAN WE CONSIDER THE CRUSHING OF THAT OR REPAIR TO THE PROJECT BEFORE WE CLOSE OUT THE.

IF I MAY, MR. CHAIR AND I MAY REFER TO THE COUNTY ATTORNEY ON THIS, BUT THE FINAL ENGINEER'S REPORT HEARING WAS WHEN THE PROJECT WAS APPROVED, AND THAT PROJECT WAS DEFINED AT THAT TIME, AND THERE IS AN APPEAL PERIOD OF 30 DAYS AFTER THAT. BUT I WOULD ASK THE COUNTY ENGINEER, BUT I WOULD BE SKEPTICAL IF THERE IS A WAY OF GOING BACK AND CHANGING THAT PROJECT AS IS.

I'M NOT SUGGESTING CHANGING THE PROJECT.

I'M SUGGESTING REPAIRING THE DITCH.

THE DITCH SYSTEM OR PARTS OF THE DITCH SYSTEM.

WE OFFER.

MANY TIMES, DURING THESE PROJECTS, THERE ARE THINGS THAT WE FIND THAT ARE COME FORWARD AS CHANGE ORDERS.

YOU COULD ACCEPT IT AS A CHANGE ORDER TO THE PROJECT, WHICH WOULD BE WE DID HAVE, UM, BLOCKING THAT LINE.

NOW YOU'RE JUST DOING IT IN MORE LOCATIONS.

SO THAT WAS ORIGINALLY FACTORED IN, BUT THE BOARD WOULD HAVE TO ACCEPT A CHANGE ORDER FOR A CHANGE IN SCOPE.

DOES IT CHANGE THE DESIGN OF THE PROJECT? NO, IT CHANGES THE COST.

YES. SO THERE IS A THERE IS A WAY THAT YOU CAN ACCEPT A CHANGE ORDER FOR THAT.

WELL, NOW THAT WASN'T PART OF THE ORIGINAL CONTRACTOR'S BID.

WE'VE CONTACTED THE CONTRACTOR.

HE DOES NOT WANT TO THIS CONTRACT.

HE DOESN'T WANT TO COME BACK AND DO IT. BUT BUT THAT IS THAT IS A SUGGESTION THAT YOU COULD TAKE.

MR. BRANDEL, DOES YOUR 50TH OR YOUR $7,500 ESTIMATE INCLUDE A CHANGE ORDER PROCESS? THAT WAS JUST BID ITEMS. THAT WAS JUST WHAT CONTRACTORS TYPICALLY BID ON IT.

NO, THE CHANGE ORDER WOULD WE'D HAVE TO FILL OUT A FORM AND A LETTER.

SO, IT'S NOT A LOT OF WORK, BUT IT WOULD BE A LITTLE ADDITIONAL WORK, SO.

[01:20:07]

PROBABLY IF YOU RAN THE CHANGE ORDER WITHOUT PUBLICLY BIDDING IT BECAUSE IT'S A SMALL AMOUNT HAD MR. HENRY CONTRACT, ONE OF THE CONTRACTORS HE WORKS WITH GO THROUGH THAT ROUTE.

IT WOULD BE IN THE HUNDREDS OF DOLLARS ADDITIONAL TO GET SOMETHING PUT TOGETHER THAT I WOULD SIGN, AND THEN YOU COULD ACCEPT THAT. MRS. KOPET IN YOUR EXPERIENCE, HAVE HAS THIS TYPE OF STEP BEEN TAKEN ON PREVIOUS DITCH PROJECTS? HAS NOT. SO, WHEN WE WERE LAST HERE TOGETHER, THERE HAD BEEN SOME ACRIMONY OUT IN THE AUDIENCE ABOUT WHAT WAS HAPPENING HERE.

AND WE HAD TO ENCOURAGE FOLKS TO GET TOGETHER AND COME UP WITH SOLUTIONS.

IT FEELS IT FELT LIKE FOR A WHILE WE HAD SOME SOLUTIONS AND NOW IT FEELS LIKE NAVIGATING THROUGH THIS IS BECOMING CUMBERSOME.

THAT'S WHY I'M LOOKING AT THE COUNTY ATTORNEY TO SAY, WHAT IS YOUR BEST IDEA FOR THIS BOARD TO AT LEAST CONSIDER HERE TODAY? I'M NOT SURE I UNDERSTAND WHAT YOUR QUESTION IS, MR. CHAIR, BECAUSE AS I INDICATED BEFORE, THE PROJECT WAS ACCEPTED BACK IN 2020, WHICH INCLUDED ABANDONMENT OF THAT TILE.

AND SO NOW THE BOARD IS BEING PRESENTED WITH ADDITIONAL COSTS AND REQUESTS TO GO BACK IN A CHANGE ORDER TO DO SOME A PROJECT THAT WAS APPROVED BACK IN 2020, WHICH IS CHANGING THAT PROJECT BACK IN 2020, THE PROJECT WAS ACCEPTED WITH JUST ABANDONING THAT TILE.

THE CHANGE ORDER IS ESSENTIALLY CHANGING WHAT WAS ORIGINALLY PROPOSED FOR THE PROJECT ITSELF? AND I THINK COMMISSIONER DEAN ASKED THE QUESTION, WOULD THAT PUT US IN ANY JEOPARDY? AND I DON'T KNOW IF THERE WAS AN ANSWER THERE.

WHAT I DON'T HAVE THE ANSWER FOR, MR. CHAIR, IS WHAT WAS THE COST BENEFIT RATIO BACK WHEN THE PROJECT WAS APPROVED BACK IN 2020.

MR. CHAIR, I HAVE A QUESTION.

AT WHAT POINT WAS IT CONSIDERED THAT THE DITCH WAS ABANDONED AT THE FINAL ACCEPTANCE OF THE FINAL HEARING OR THE ACCEPTANCE OF THIS ENTIRE PROJECT? WHO GETS TO ANSWER THAT? IT'S THE OPINION THAT AT THE TIME THAT THE FINAL ORDER WAS ADOPTED BY THIS BOARD AND THE NEW PROJECT WAS ACCEPTED, THAT'S THE POINT AT WHICH THE SYSTEM WOULD HAVE THEN BEEN ABANDONED AT THAT PARTICULAR POINT.

I'M SORRY. WOULD YOU SAY THAT AGAIN? AT THE TIME THAT THE BOARD ACCEPTED THE IMPROVEMENT PROJECT BACK IN 2020, THAT'S AT THE POINT AT WHICH THE BOARD COULD CONSIDER THAT SECTION ABANDONED.

SO ABANDONED IN 2020? CORRECT. SO IT'S NOT OUR LINE TODAY.

CORRECT. THIS FEELS REALLY FRUSTRATING TO HAVE PROPERTY OWNERS HERE WHO ARE LOOKING AT WHAT THE FINAL REPORT IS SAYING AND SAYING, YOU KNOW THIS, I CAN LIVE WITH THIS.

AND WE'RE DIALING BACK TO 2020 BECAUSE APPARENTLY STATUTE SAYS SO.

MR. CHAIR, MAY I ASK, YOU KNOW, THE ISSUE IS YOU MADE A DECISION TO ABANDON THE LINE IN 2020.

THAT DECISION WAS MADE, WHICH IS FINE.

UNFORTUNATELY, YOU DID NOT HAVE THE INFORMATION AT THAT TIME TO UNDERSTAND THAT BY DOING SO, IT WOULD CREATE OTHER HARDSHIPS, AND THAT'S NEW INFORMATION THAT COMES FORWARD.

THAT'S WHERE I THINK THE IDEA OF THE CHANGE ORDER BECOMES REASONABLE TO ADDRESS THE ISSUES THAT AROSE BECAUSE OF A DECISION THAT WAS MADE IN 2020 THAT YOU DID NOT KNOW THE CONSEQUENCES THEREOF.

AND SO, I THINK WE SHOULD STILL CONSIDER MAKING THE CHANGE ORDER AT THIS TIME.

AND AS PART OF THIS PROJECT GOING FORWARD AND BE DONE WITH IT.

LOOK, I DON'T KNOW THAT I'M GOING TO DISAGREE WITH YOU BECAUSE I 100% HEAR WHAT YOU'RE SAYING IN 2020.

WE KNEW THE LINE WAS GOING TO BE ABANDONED OR WAS ABANDONED IF ON A LEGAL BASIS.

[01:25:01]

SO, MR. BRANDEL, I'M JUST TRYING TO UNDERSTAND AS PART OF WE KNEW THAT WAS GOING TO HAPPEN IN 2020, THAT THE LINE WAS BEING ABANDONED AND THERE WAS SOMETHING GOING TO BE DONE TO THE ABANDONED LINE.

CORRECT? YES.

IT WAS PLUGGED AT THE AT NEAR THE EAST END OF THE SYSTEM.

IS THERE A REASON WHY AND IT MAY BE HARD TO ANSWER A NEGATIVE I UNDERSTAND WHY BREAKS IN THE EXISTING LINE WEREN'T PART OF THAT DISCUSSION IN 2020. IT'S A TYPICAL PRACTICE THAT YOU.

HOW DO I WANT TO SAY THIS? I GET THE ARGUMENTS BOTH WAYS.

THERE'RE MANY LANDOWNERS THAT WANT TO STILL USE THOSE LINES.

THERE'S MANY THAT DON'T. WE TYPICALLY THE ABANDONED, THE ABANDONED LINE, WE BREAK THEM AT USUALLY ONE PROPERTY LINE.

YOU KNOW, THIS, THIS, THIS, THIS IS A UNIQUE CASE.

A LOT OF TIMES THESE TILES WILL CROSS FIVE PROPERTIES.

WE'LL BREAK IT AT EACH PROPERTY LINE.

THIS IS ONE PROPERTY WE BROKE IT AT WHERE THE WATER ENTERED THE SYSTEM, WHICH IS TYPICAL OUR PROCESS FOR ABANDONING THESE, IF I MAY, JUST FOR CLARITY.

SO, YOU ONLY BROKE IT AND CAPPED IT WHERE THE WATER ENTERED IT, NOT WHERE THE WATER EXITED, SO THAT IT ALLOWED THAT LINE TO CONTINUE TO FUNCTION AND FLOW WATER OUT OF IT, THUS CAUSING THE CONTINUING SETTLING.

THAT IS CORRECT. AND THAT IS WHAT MOST LANDOWNERS WANT, BECAUSE THEY STILL WANT TO USE IT TILL IT'S COMPLETELY IN THIS.

IN THIS CASE, MR. WEIBLE HAD DONE HIS OWN PRIVATE TILING AROUND IT, BUT THAT IS WHAT THAT IS HOW WE DISCUSSED IT.

AND THAT IS THAT IS I MEAN, THAT IS HOW IT WAS APPROVED.

SO, IT'S FAIR TO SAY THAT YOU JUST MADE THE ASSUMPTION THAT THAT'S WHAT MR. WEIBLE WANTED FOR THE NOT ACTUALLY WHAT MR. WEIBLE WANTED.

YEAH. THERE WAS A DISCUSSION ON REMOVING IT.

AND FROM A COST STANDPOINT, IT WAS OUR RECOMMENDATION NOT TO REMOVE IT AT THAT POINT.

SO, BECAUSE THAT WOULD HAVE PUT THE PROJECT OVER THE COST BENEFIT AMOUNT, I DON'T, I DON'T RECALL I DON'T THINK IT WOULD HAVE PUT IT OVER.

I DON'T THINK IT WOULD HAVE. WE HAD 100 AND ABOUT 100,000 IN COST BENEFIT REMAINING IN NET BENEFITS.

I'M SORRY, BUT YOU CAN CONTINUE, TERRY.

I DIDN'T, I JUST WANTED TO KNOW.

IT'S OKAY. NO, I JUST TO KIND OF BUILD ON THAT.

I THINK PART OF THE QUESTION YOU'RE ASKING IS, HOW DO WE KNOW WHETHER A LANDOWNER WANTS THE ABANDONED LINE TO REMAIN OR NOT? IS THAT KIND OF WHAT YOU'RE ASKING? I DON'T KNOW, IS THERE A PROCESS WHERE WE ASK LANDOWNERS, DO YOU WANT US TO DO ANYTHING TO THE LINE, OR DO YOU? IS IT THE PRACTICE THAT YOU ASSUME LEAVE ABANDONED LINES UNLESS TOLD OTHERWISE? WELL, IF THERE'S A SECTION IN THE STATUTE ON SEPARABLE MAINTENANCE WHICH YOU ABANDON THE LINE WHEN YOU DO AN IMPROVEMENT, AND THEN YOU UTILIZE THOSE REPAIR COSTS TO, UM, OFFSET THE IMPROVEMENT COSTS, WHICH IS DONE ON PRETTY MUCH EVERY IMPROVEMENT THAT I'VE WORKED ON.

NOT ALL, BUT MOST OF THEM.

SO, THAT'S A STANDARD PROCEDURE THAT YOU ABANDON THE LINE WHEN YOU IMPROVE IT AND PUT A NEW ONE.

WELL, I'M GOING TO IT.

IT'S JUST NOT CLEAR.

THERE'S NO CLEAR IN STATUTE HOW YOU PHYSICALLY DO IT.

NO, I'M SORRY I'M ASKING PERHAPS A DIFFERENT THING.

OKAY. AND I MAY BE WAY OFF BASE.

SO, I'M KIND OF FOLLOWING UP ON KURT.

LET'S JUST TAKE THIS ABANDONED LINE.

WE CAP IT, WE SAY WE'RE GOING TO CAP IT HERE.

IS THERE A WAY IN WHICH A LANDOWNER MIGHT SAY, I DON'T WANT THAT ABANDONED LINE, I WANT IT TO BE CRUSHED OR WHATEVER THE CORRECT TIME IS BECAUSE I'M CONCERNED ABOUT IT.

YOU SAID. KIND OF GOES BOTH WAYS.

YEAH. THE LANDOWNER COULD REQUEST THAT IT STAYS A PUBLIC LINE.

THE PETITION WAS TO ABANDON IT.

THE PETITION THAT YOU ACCEPTED BEFORE I STARTED DOING ANY WORK WAS WE WANT TO ABANDON THAT LINE, PUT A NEW LINE IN.

SO AND THAT'S THE PROCEDURE THAT WAS FOLLOWED FROM, FROM THE PETITION TO THE FINAL ENGINEER'S REPORT.

IS THAT I PROBABLY OFF BASE HERE? I'M JUST TRYING TO UNDERSTAND.

I THOUGHT YOU SAID WHEN A LINE IS ABANDONED, SOMETIMES THE LANDOWNERS WANT THAT ABANDONED LINE TO STAY RIGHT WHERE IT IS BECAUSE THEY WANT TO CONTINUE HAVING IT FLOW WATER OUT AND PRIVATELY MAINTAIN IT AND PRIVATELY MAINTAIN IT.

YES. ARE THERE INSTANCES IN WHICH A LANDOWNER COMES IN AND SAYS, YOU'RE ABANDONING THIS LINE ON MY PROPERTY? I WANT YOU TO WHATEVER YOU'RE PROPOSING HERE, CRUSH IT IN FIVE SPOTS.

VERY. I VERY RARELY.

I'M TRYING TO THINK OF A CASE.

OKAY. NOT THAT SPECIFIC CASE WE'VE HAD.

I'VE HAD ONE CASE WHERE A LINE WAS IN VERY POOR SHAPE, AND THEY JUST WANTED TO USE A SECTION OF IT.

[01:30:02]

OKAY. SO, WE CONNECTED IT IN TWO SECTIONS, MOVED OUR CONNECTIONS AROUND AND ADJUSTED IT THAT WAY.

OKAY. OVER MY RECOMMENDATION JUST TO ABANDON IT.

BUT THEY.

UH, MR. CHAIR, IF I MAY.

YES, PLEASE.

IF WE WOULD CHOOSE TO GO DOWN THE CHANGE ORDER, WE WOULD HAVE TO KEEP THE PROJECT OPEN AND DO A CHANGE ORDER. FOR THE FOR THE CRUSHING OF THIS LINE, AND THEN COME BACK TO CLOSE IT OUT. IS THAT MY UNDERSTANDING? WOULD THAT BE CORRECT? I CERTAINLY THINK YOU COULD PAY OUT.

THE BOARD COULD DECIDE TO PAY OUT THE EXISTING CONTRACTOR TO CLOSE THAT PART OF THE CONTRACT OUT, TO GIVE THAT CONTRACTOR WHATEVER THE AMOUNT OF MONEY IS, THE 35,000, I THINK THAT'S OWED TO THAT CONTRACTOR.

AND I WOULD RECOMMEND THAT BECAUSE AT SOME POINT THEY COULD ASK FOR INTEREST.

CAN WE ASSUME THAT WHATEVER HAPPENS TODAY WE'RE GOING TO BE PAYING OUT? IS THAT A FAIR STATEMENT AMONG ALL OF US? OKAY. SO, LET'S JUST MAKE SURE THAT WHATEVER WE VOTE ON, WHAT ARE THE WISHES OF THE DRAINAGE AUTHORITY? I GUESS I'D LIKE TO JUST ASK ONE MORE TIME FOR MICHELLE.

I MEAN, IS, YOU KNOW, I'M NOT SURE.

MAYBE YOU ANSWERED IT OR WHATEVER.

CAN WE ACTUALLY DO THIS? WHAT WE'RE TALKING ABOUT DOING? DO THE CHANGE ORDER.

AND DO THIS AND GET IT DONE.

MUCH THE WAY MARCUS SUGGESTED.

I MEAN, IT SOUNDS LIKE CHUCK SAYS WE CAN, BUT I GUESS I WANT TO HEAR YOUR OPINION.

I THINK THE DRAINAGE AUTHORITY ALWAYS HAS THE ABILITY TO MAKE THE DECISION THAT IT CHOOSES TO MOVE FORWARD.

WHAT I'M INDICATING TO THE BOARD IS BACK IN 2020, THERE WAS A PROJECT PROPOSED AND ACCEPTED THAT INCLUDED JUST ABANDONMENT OF THIS PORTION OF THE SYSTEM.

COMMISSIONER DEAN IS CORRECT THAT THERE IS SUBSEQUENT HINDSIGHT INFORMATION THAT MAY HAVE CHANGED THE APPROVAL OF THAT OF THAT DECISION.

UM, AND SO THE BOARD IS GOING TO HAVE TO MAKE ITS DECISION IN LIGHT OF THE FACT THAT THE ORIGINAL PROJECT WAS ACCEPTED AS ABANDONMENT OF THIS TILE BACK IN 2020.

COMMISSIONER MORROW.

MR. WEIBEL, I HOPE YOU SEE WE'RE REALLY STRUGGLING WITH THIS.

WE'RE TRYING TO FIGURE OUT IS THERE A WAY TO HELP YOU, BUT ALSO MAKE SURE WE HAVE A PROCESS BY WHICH, WHEN WE APPROVE A PROJECT, AND WE GO FORWARD, AND WE ABANDON THE LINE THAT WE DON'T COME BACK 3 OR 4 YEARS LATER AND CHANGE IT.

AND I KNOW YOU WANT TO SPEAK, SO I JUST WANT TO.

THIS IS THE STRUGGLE.

I'LL TELL YOU THE STRUGGLE I'M HAVING.

I WON'T SPEAK FOR MY COLLEAGUES HERE.

WE BOTH WANT TO HELP, BUT WE ALSO WANT TO MAKE SURE WE HAVE A PROCESS BY WHICH, HEY, WE SAID WE'RE ABANDONING A LINE.

WE MAY HAVE ACTUALLY LEGALLY ABANDONED THE LINE.

I'M NOT SAYING MAYBE I DON'T MEAN THAT TO SOUND THE WAY IT DID.

WE ABANDONED THE LINE AND NOW WE'RE TALKING ABOUT GYMNASTICS.

IT FEELS LIKE GYMNASTICS TO TRY TO GET TO A PLACE WHERE WE DO SOMETHING.

THE ATTORNEY IN ME SAYS, I GOT A PROBLEM HERE BECAUSE IT'S BEEN ABANDONED.

IT'S BEEN APPROVED. SO, WHATEVER WE DECIDE, I HOPE YOU UNDERSTAND.

YOU HOPE WE KNOW WE'RE TRYING TO FIGURE THIS OUT.

MR. CHAIR, I THINK MR. WEIBEL WANTED TO SPEAK.

AND IT'S YOUR DETERMINATION AS CHAIR.

WELL, WE HAD CLOSED THE HEARING, BUT I THINK WE CAN MAKE AN EXCEPTION.

MR. WEIBEL, WOULD YOU LIKE TO COME FORWARD AND GIVE US YOUR IDEA? THANK YOU. THANK YOU.

AND I UNDERSTAND YOUR STRUGGLES.

AND I'M LOOKING AT WHAT I'M LOOKING AT IS THE DATES.

IF THIS WAS ABANDONED IN 2020, IF I WAS A NEIGHBOR WOULD GO OUT.

AT THAT POINT, THERE WAS NO NEW TILE.

OFF THE DITCH.

TO THE EAST.

IF I WAS TO GO OUT AND DIG THAT TILE UP, HOW DO YOU THINK THAT WOULD HAVE BEEN RECEIVED IF THAT WAS ABANDONED ON THAT DATE? I'M LOOKING AT I HAVE A LOT OF PICTURES OF THAT.

OCTOBER 23RD, 2021.

THAT PIPE WASN'T EVEN INSTALLED YET.

IT'S LAYING ON TOP OF THE GROUND.

THOSE MY NEIGHBORS WOULD HAVE BEEN AT RISK FOR ALL OF THE GROWING SEASON OF 2021, AND IF THEY WOULD HAVE LOST THEIR CROP, HOW DO YOU THINK THAT WOULD HAVE GONE OVER? WHAT WOULD HAVE THE COUNTY DONE AT THAT POINT? I'M JUST AMAZED THAT WE SAID THAT THAT WAS ABANDONED IN 2020.

I DON'T BELIEVE THAT AT ALL.

THAT'S WHAT I'M REALLY STRUGGLING WITH.

IF I NEED TO CLOSE IT UP, THAT'S THE WAY IT IS.

DO I APPROVE OF ME BEING THE SOLE RESPONSIBLE INDIVIDUAL FOR THIS? ABSOLUTELY NOT. BECAUSE I WOULD HAVE DONE IT A HELL OF A LONG TIME AGO THEN.

[01:35:02]

THANK YOU, MR. WEIBEL.

MR. CHAIR, IF I COULD JUST CLARIFY, I'M NOT SURE I'LL GO WITH YOU ON THE ABANDONMENT DATE FOR A MOMENT.

WE DON'T KNOW. MAYBE IT'S ABANDONED WHEN WE TAKE THE REPORT.

OKAY. BUT WE STILL ACCEPTED A REPORT IN 2020 THAT SAID THAT THIS IS HOW WE'RE GOING TO DO THIS PROJECT.

AND NOW THE QUESTION BEFORE THE BOARD IS, ARE YOU NOW GOING TO CHANGE THE PROJECT AND HAVE A NEW APPROACH TO ABANDONED LINE, WHETHER IT'S ABANDONED TODAY OR BACK IN 2020, WHICH INCLUDES BREAKING IT AT CERTAIN POINTS ALONG THE LINE WHEN THAT WASN'T INCLUDED, WHEN THE PLAN WAS APPROVED.

THAT'S THE STRUGGLE I'M HAVING.

WE APPROVED THE PLAN. WE DID THE PLAN.

DO WE NOW CHANGE THE PLAN? IF I THINK AND I DON'T KNOW, I THINK THE COUNTY ATTORNEY'S RAISED A LEGAL QUESTION AS TO WHETHER WE COULD EVEN DO THAT BECAUSE OF THE UNCERTAINTY, PERHAPS, ABOUT WHEN THE LINE WAS LEGALLY ABANDONED.

CORRECT. ANY OTHER COMMENTS BY BOARD MEMBERS AS TO HOW WE GET TO THE NEXT STEP? MR. DRANTTEL, DO YOU HAVE ANYTHING? I THINK THIS WAS AN ISSUE THREE MONTHS AGO AND WE JUST HEARD ABOUT IT TODAY.

I AM CONCERNED IF WE GO WITH THIS CHANGE ORDER PROCESS THAT WE SET A PRECEDENT.

FOR FUTURE PROJECTS OR EVEN PAST PROJECTS.

NONE OF ITS GOOD. WELL, IT FEELS LIKE WE CAN'T COME TO ANY KIND OF.

UNLESS I'M MISSING SOMETHING.

ANY KIND OF AGREEMENT HERE THAT WOULD SATISFY MEMBERS OF THIS DITCH SYSTEM WHO CAME HERE TODAY WITH THE IDEA THAT THEY WERE READY TO APPROVE WHAT WAS COMING FORWARD, THAT THEY WERE SATISFIED WITH WHAT HAD BEEN DISCUSSED.

THAT'S THE FRUSTRATION THAT WE'RE HAVING UP HERE.

SO, MR. CHAIR, CAN I ASK THIS QUESTION THEN, IF WE ARE ACTING AS A DRAINAGE AUTHORITY ON BEHALF OF THE PROPERTY OWNERS, CAN WE THEN PULL THE PROPERTY OWNERS OF THE OF THE DITCH AND ASK IF THEY APPROVE OF DOING THAT CHANGE ORDER AS PART OF THE PROJECT, BECAUSE ULTIMATELY, IT'S THEIR FUNDS, NOT OURS, THAT ARE DOING THIS.

AND IF THEY AGREE TO IT, THEN WE CAN DO IT AS A REPAIR OR A CHANGE, WHICHEVER SEMANTICS YOU WANT TO USE.

BUT I THINK THAT WOULD BE THE FAIR AND EQUITABLE WAY OF THE OTHER.

OF ALL THE MEMBERS OF THE OF THAT DITCH WOULD MAKE THAT CHOICE TO SPEND $7,500, WHICH IN MY OPINION IS A MINUSCULE AMOUNT THAT WE'RE SPENDING A LOT OF TIME OVER. UM, IF THEY APPROVE THAT THAT CHANGE OR THAT REPAIR THAT, WE CAN THEN PROCEED TO DO THAT ON THEIR BEHALF.

WELL, HOW MANY MEMBERS ARE ON THIS? HOW MANY PEOPLE HAVE INTEREST IN THIS DITCH? HOW MANY AND THAT WOULD THAT REQUIRE THEM TO ALL BE IN ATTENDANCE OR HOW WOULD WE HOLD THEM? MR. CHAIR, I'M SORRY, COMMISSIONER DEAN, IF YOU CAN DO THAT.

MY SYMPATHIES ARE TO GO WITH YOUR DIRECTION.

ARE WE NOW SAYING THAT FOR CHANGE ORDERS, WE'RE GOING TO PULL RESIDENTS? BECAUSE IF I'M A RESIDENT ON ANOTHER DITCH PROJECT IN THE FUTURE, I'M GOING TO SAY, HEY, YOU ALL ASKED US BEFORE YOU DID THAT CHANGE ORDER.

NOW YOU'RE NOT DOING IT ON MINE.

SO JUST I WANT TO HAVE CAUTION ON THIS.

WELL, MY POINT IS THAT WE HAD A PUBLIC HEARING AT THE TIME.

THIS WAS ALL DETERMINED IN 2020.

CORRECT? MUST HAVE BEEN.

YEAH, I ASSUME. ALL RIGHT.

HOWEVER, SOME INFORMATION WASN'T PROVIDED AT THAT TIME.

SO, AT THE TIME OF THE PUBLIC HEARING, WE WEREN'T AWARE THAT THIS WOULD BE A CONSEQUENCE.

SO, YOU CAN'T MAKE A DECISION.

YOU MAKE A DECISION BASED ON THE INFORMATION YOU HAVE AT THE TIME.

THAT DOESN'T MEAN THAT THE REGULATORY AUTHORITY CANNOT AMEND A DECISION WITH NEW INFORMATION WHICH HAS NOW BEEN PRESENTED.

THAT'S MY ONLY INTEREST.

SO, TO YOUR POINT, YOU MADE THE BEST DECISION.

AT THE TIME WE WEREN'T HERE.

A DECISION WAS MADE BASED ON THE INFORMATION AT HAND.

RETROSPECTIVELY, THERE'S MORE ADDITIONAL INFORMATION YOU NEED TO REACT TO THE INFORMATION THAT'S NOW THAT'S NOW PRESENTED.

THAT'S MY POINT.

AND IF AND AGAIN, IT'S NOT US, IT'S THEM THAT HAVE TO LIVE WITH THE EXPENSE AND THE COST OF THAT.

SO, IF WE ASK THEM AND THEY APPROVE IT AND WE CAN REACT ON THEIR BEHALF AS THEY APPROVE IT, I'M NOT GOING TO FORMALLY OBJECT TO WHAT YOU'RE SAYING. I'M CONCERNED THAT WE HAVE GUARDRAILS ON AN APPROACH LIKE THIS, SO WE DON'T START.

AND THIS IS NOT ANYTHING AGAINST LANDOWNERS.

BUT THEN I'M JUST WORRIED ABOUT THE MECHANICS.

NOT JUST I AM WORRIED ABOUT THE MECHANICS.

[01:40:01]

IF ONE PERSON OBJECTS AND FIVE AGREE, DO WE DO IT? DOES IT REQUIRE A UNANIMOUS VOTE AMONG THE LANDOWNERS? I MEAN, THERE ARE JUST SOME THOUGHTS, AND I DON'T KNOW IF COUNTY ATTORNEY MAY HAVE LEGAL THOUGHTS ON THIS.

I WANT TO SEE. IF EVERYONE AGREES, I'M 100% WITH YOU.

IF NOT, EVERYONE AGREES, I DON'T KNOW WHERE WE GO NEXT.

I'M GOING TO SAY, YOU KNOW WHAT? WE RAN FOR OFFICE.

MAKE A DECISION.

OKAY, WELL, I'M GOING TO MAKE THAT DECISION.

SORRY, TIM. I'M GOING TO THROW YOU UNDER THE BUS.

MR. CHAIR.

OKAY. I MOVE THAT WE ACCEPT THE FINAL EXPENSE OR ACCEPTANCE REPORT AS PRESENTED BY ISG AND DIRECT OUR DIRECTOR TO PREPARE THE FINDINGS TO BE PRESENTED AT THE NEXT DRAINAGE AUTHORITY MEETING.

WE DON'T HAVE STATUTORY AUTHORITY TO GO BACK TO ABANDONED PROPERTY AND FIX IT.

WE DON'T AT THIS POINT.

THIS IS WHAT WE HAVE TO WORK WITH.

YOU'VE HEARD THE MOTION.

IS THERE A SECOND? IS THERE A SECOND? I'LL SECOND IT FOR DISCUSSION.

DRAINAGE AUTHORITY IS ANTIQUATED.

IT HANDCUFFS WHAT WE CAN AND CAN'T DO.

AND WHEN WE CAN AND CAN'T DO IT.

MR. CHAIR. OKAY. I'LL JUST MAKE ONE MORE COMMENT.

I HEARD CHUCK RANDALL SAY THAT WE COULD POSSIBLY DO THIS IN SOME FORM OF A CHANGE ORDER, AS THIS IS KIND OF AN ONGOING PROJECT.

I'VE ALSO HEARD MY ATTORNEY; MY COUNTY ATTORNEY SAY THAT WE HAVE SOME LEEWAY OR SOME AUTHORITY TO MAKE THE RIGHT DECISION AND DO THIS AS WELL.

I UNDERSTAND, AND I'M AS COMPLETELY TORN OVER THIS AS YOU ARE, MARIE.

AND I WANT TO MAKE A DECISION.

AND I'M AND I'M TORN OVER THE SITUATION OF SETTING A PRECEDENCE AS WELL.

BUT, YOU KNOW, I MEAN, AND I AGREE WITH MARK, YOU KNOW, WE'RE THIS WHOLE PROJECT IS THE $7,500 IS GOING TO BE A BIG DEAL TO MAKE ONE LANDOWNER PAY FOR.

IT'S GOING TO BE A SMALL DEAL TO SPREAD IT OUT OVER THE REST OF THE LANDOWNERS ON THIS PROJECT.

THEY'LL HARDLY FEEL IT VERSUS TIM FEELING IT, YOU KNOW, MORE.

SO, I STILL THINK THAT IT'S MY OPINION THAT WE DO SOMETHING ABOUT THIS IN THE FORM OF A CHANGE ORDER, REPAIR, MAKE THE MOTION, ACCEPT EVERYTHING AND GET IT DONE WITH. TO FOLLOW UP ON THAT, MR. CHAIR, I WOULD JUST ASK THE COUNTY ATTORNEY IF THERE WERE ANY.

YOU'VE HEARD OUR DISCUSSION.

ARE THERE INSIGHTS OR GUIDANCE YOU WANT TO GIVE THE BOARD BEFORE WE PROCEED? DRAINAGE LAW IS ANTIQUATED, AS COMMISSIONER DRANTTEL INDICATED.

THERE ARE PIECES OF THAT LAW THAT WERE CREATED BACK BEFORE THE CURRENT PRACTICES THAT WE HAVE NOW.

I THINK IT IS ALWAYS DIFFICULT WHEN YOU HAVE THAT ANTIQUATED PROCESS, WITH THE REALITY OF INFORMATION COMING BACK LATER AND IMPACTING THAT DECISION THAT YOU NEED TO MAKE.

AND I GUESS THAT'S THE BEST INSIGHT THAT I CAN PROVIDE OTHER THAN AS I, YOU KNOW, INDICATED.

I WENT BACK AND LOOKED AT THIS.

THE FINAL ORDER TALKS ABOUT ACCEPTING THE PROJECT AS PROPOSED.

AND ONCE THAT'S DONE, THEN YOU ADOPT THE AS BUILT PLANS AT THE TIME OF COMPLETION.

MR. CHAIR, IF I COULD ASK IF ANY COUNTY STAFF HAVE ANYTHING TO ADD BEFORE.

MR. CHAIR, I'M GOING TO MOVE FOR A RECESS FOR FIVE, UH, TEN MINUTES.

TEN-MINUTE RECESS.

I GOT TO KEEP MY EYE ON.

WE ARE BACK FROM RECESS.

IT DOESN'T REMIND ME OF THE RECESSES OF MY YOUTH, BUT THEY ARE BACK IN FROM RECESS.

WE HAVE A MOTION ON THE FLOOR.

COMMISSIONER DRANTTEL.

WOULD YOU LIKE TO REPEAT THE MOTION? THAT HAS BEEN SECONDED.

MR. CHAIR, THE MOTION WAS TO ACCEPT THE FINAL ACCEPTANCE REPORT, UM, PRESENTED BY ISG AND DIRECT THE DIRECTOR TO PREPARE THE FINDINGS TO BE PRESENTED AT THE NEXT MEETING.

INCLUDED WITH THAT WOULD BE THE PAYMENT TO JENSEN CONTRACTING THEIR FINAL PAYMENT.

AND WE DO HAVE A SECOND TO THAT MOTION.

I SECONDED IT FOR DISCUSSION.

IF YOU'LL RECALL A FEW MINUTES AGO, COMMISSIONER COMMENTS ON THE MOTION IN FRONT OF US, MR. MORROW. IF YOU'RE READY.

OTHERWISE, WE CAN GO DOWN THE LINE.

[01:45:03]

WELL, I DON'T THINK IT HAS TO BE JUST ME IN CASE ANOTHER COMMISSIONER HAS A COMMENT.

I THINK WE'RE FRUSTRATED WITH ANTIQUATED STATUTES WHEN IT COMES TO DRAINAGE.

LET'S JUST PUT IT THAT WAY.

ANY OTHER COMMENTS FROM BOARD MEMBERS ON THE MOTION IN FRONT OF US? MS. KOPET, DO YOU HAVE ANY COMMENTS? I DO NOT, COUNTY ATTORNEY MICHELLE ZEHNDER FISCHER ANY COMMENTS TO THE MOTION IN FRONT OF US? NO, MR. CHAIR.

PLEASE CALL THE ROLL.

IT CARRIES 5 TO 0.

WE HAVE ANOTHER ITEM COME BEFORE US ON COUNTY DITCH 30.

ACTUALLY, WE'RE GOING TO STAY IN 77.

OH. I'M SORRY. I KNOW WE WANT TO MOVE ON, BUT NOW THAT THE PROJECT HAS CLOSED.

I'M SORRY.

AND I'M SORRY.

PARDON ME.

DO YOU WANT TO SWITCH BACK? NOPE.

I'M GOOD. OKAY. YOU CAN GO AHEAD.

I AM PROPOSING A LEVY FOR THAT PROJECT.

THE TOTAL LEVY IS $716,347.90.

THIS LEVY IS TO BE ASSESSED TO ALL LANDOWNERS, AND ASSESSMENTS WILL BE PAID.

THE DUE DATE WILL BE PAID BY DECEMBER 31ST, 2023, WITH AN ANNUAL INTEREST CHARGE OF 5% INTEREST BEGINNING ON JANUARY 1ST, 2024. UNPAID ASSESSMENTS WILL BE ASSESSED TO THE PROPERTY TAX ROLLS BEGINNING IN THE TAX YEAR OF 2024, WITH THE FOLLOWING TERMS UP TO 15,000.

THE IF YOUR ASSESSMENT IS UP TO 15,000, IT WOULD BE A FIVE-YEAR ASSESSMENT.

15,001 TO 50,000 IS A TEN-YEAR ASSESSMENT.

50,001 TO 100,000 IS 15 YEARS AND OVER 100,000 WOULD BE A 20-YEAR ASSESSMENT.

LANDOWNERS HAVE BEEN PROVIDED UM PROPOSED BILLS AND TERMS OF THIS LEVY, SO THEY ARE AWARE OF THEIR AMOUNTS AND OF THE LEVY AND THE TERMS THAT GO ALONG WITH IT.

UM. UM, IF THE BOARD APPROVES BY MOTION THIS LEVY, I WILL BRING FORTH FINDINGS AND ORDERS AND THEY WOULD BE PRESENTED AT THE NEXT DRAINAGE AUTHORITY MEETING.

SO I WOULD BE LOOKING FOR A MOTION TO APPROVE THE LEVY IN THE AMOUNT OF $716,347.90 TO BE PAID BY THE END OF THE YEAR, WITH NO INTEREST AND 5% INTEREST ANNUALLY BEGINNING JANUARY 1ST, 2024.

YOU'VE HEARD THE RECOMMENDATION.

IS THERE A MOTION TO THAT EFFECT? SO MOVED. WE HAVE A MOTION.

IS THERE A SECOND? SECOND AND A MOTION.

IN A SECOND DISCUSSION BY BOARD, THE 5% INTEREST RATE IS SET BY STATUTE.

IT IS IT GOES BY THE COURT JUDGMENT RATE, WHICH NOW HAS MOVED UP TO 5% FROM THE 4% THAT IT WAS PREVIOUSLY.

ANY OTHER COMMENTS FROM BOARD MEMBERS ON THE MOTION IN FRONT OF US? ANY OTHER COMMENTS? MANDY, PLEASE CALL THE ROLL.

THANK YOU, THANK YOU.

NOW, WOULD YOU LIKE TO MOVE TO COUNTY DITCH 30A I WOULD.

THANK YOU, THANK YOU.

CHUCK. ALL RIGHT.

UM, COUNTY DITCH 30A FINDINGS AND FACTS IN ORDER REGARDING PARTIAL ABANDONMENT, THE NICOLLET COUNTY BOARD OF COMMISSIONERS RECEIVED A PETITION FOR PARTIAL ABANDONMENT FOR COUNTY DITCH 30A PURSUANT TO MINNESOTA STATUTE 103.806 FROM TIMOTHY AND MARY JEAN WEIBEL.

A PUBLIC HEARING ON THE PETITION WAS HELD ON OCTOBER 24TH, AND THEN, BASED ON THE APPROVAL AND THE RECORDS OF THE PROCEEDINGS, IT WAS MOVED AND SECONDED FOR THE ADOPTION OF THE ATTACHED FINDINGS AND ORDER TO REFLECT THE PROCEEDINGS OF THE HEARING.

THE FINDINGS ARE INCLUDED IN YOUR PACKET, AND I WOULD BE ASKING THE DRAINAGE AUTHORITY TO APPROVE THOSE FINDINGS AND ORDER.

YOU'VE HEARD THE RECOMMENDATION FROM MISS KOPET.

IS THERE A MOTION TO THAT EFFECT? SO MOVED. WE HAVE A MOTION.

IS THERE A SECOND? SECOND.

MOTION AND A SECOND? QUESTIONS FROM COMMISSIONERS.

ANY COMMENTS?

[01:50:04]

HEARING NONE.

PLEASE CALL THE ROLL.

IT CARRIES.

THANK YOU. AND YOU HAVE THE LEVEE IN FRONT OF YOU.

NOW, MOVING ON TO THE NEXT AGENDA ITEM IS THE 2023 DITCH LEVEES.

PUBLIC SERVICES ANNUALLY REVIEWS THE DITCH BALANCES FOR ALL NICOLLET COUNTY DRAINAGE SYSTEMS AND HAS DETERMINED THAT SEVERAL DITCH SYSTEMS HAVE NEGATIVE BALANCES. ENCLOSED IN YOUR PACKET IS A SPREADSHEET INDICATING AND DETAILED BREAKDOWN OF THE BALANCES OF THE NEGATIVE DITCH SYSTEMS AND THE AMOUNT I'M REQUESTING EACH LEVEE FOR EACH SYSTEM.

I'VE ALSO ATTACHED FINDINGS IN ORDER FOR THE DRAINAGE AUTHORITY TO CONSIDER.

THIS ORDER WOULD ADOPT THE INDICATED LEVEES FOR EACH DITCH LISTED, AS WELL AS THE TERMS OF THE ASSESSMENT.

IF NOT PAID BY DECEMBER 31ST, 2023, ANY ASSESSMENTS NOT PAID BY DECEMBER 31ST, 2023, WOULD BE ASSESSED TO THE 2024 TAXES.

SO, IF I REFERENCE IF YOU WANT THE SPREADSHEET THAT'S INDICATED HERE IS WE HAVE DITCHES THAT ARE REGULAR MAINTENANCE DITCHES AT THE VERY TOP, AND WE HAVE DITCHES WITH REDETERMINATIONS.

SO, IN 2023 WE APPROVED THESE DITCHES FOR REDETERMINATIONS.

AND WE ALSO ARE PAYING OUT THOSE BUFFERS.

AND THE TOTAL AMOUNT TO RAISE, TOTAL AMOUNT TO RAISE BETWEEN ALL THE DITCHES IS $1,952,542.62.

SO, I WOULD BE ASKING FOR A MOTION TO APPROVE THE FINDINGS IN ORDER, WHICH INDICATE THE DITCHES AND THE TOTAL AMOUNT OF LEVY AND ASSESSMENTS NOT PAID BY DECEMBER 31ST, 2023, WILL BE CHARGED 5% INTEREST AND THE FOLLOWING INSTALLMENT SCHEDULE WILL APPLY TO THE PROPERTY TAXES STARTING IN 2024.

500 AND UNDER IS A ONE-YEAR ASSESSMENT.

501 TO 1000 IS A TWO-YEAR ASSESSMENT, AND 1001 AND OVER IS THREE-YEAR ASSESSMENT.

SO MOVED. WE HAVE A MOTION TO THE RECOMMENDATION.

IS THERE A SECOND. SECOND COMMISSIONER ZENS.

SECOND. ANY COMMENTS OR QUESTIONS ON THESE DITCH LEVEES? MASSIVE. SAY IT AGAIN.

THAT'S MASSIVE.

THAT'S A LOT. THAT'S A LOT OF.

THAT'S HUGE.

IT IS A LARGE DITCH LEVY.

A LARGE PORTION OF THAT IS THE REDETERMINATION AND THE BUFFER PAYMENTS THAT ARE ALSO GOING OUT, WHICH THE BUFFER, THE LANDOWNERS GET CHARGED BACK.

SO, MANY LANDOWNERS, NOT ALL WILL BE RECEIVING CHECKS AND BILLS.

NOT THAT THAT SOFTENS IT ANY.

BUT AND IT'S A LARGE SYSTEM.

UM, WE HAVE A COUPLE VERY LARGE SYSTEMS THAT WERE COMPLETED, AND WE HAVE NO DISCRETION.

CORRECT? NO, IT'S A GOOD THING TO HAVE THEMED RETERMINED BENEFITS ARE UP TO DATE.

ALL LANDOWNERS ARE THEN ASSESSED AT THEIR CORRECT BENEFITS AND GETTING PAID FOR THEIR BUFFERS.

VERY GOOD. ANY OTHER COMMENTS OR QUESTIONS TO THE MOTION IN FRONT OF THE DRAINAGE AUTHORITY AT THIS TIME? ANY OTHER COMMENTS? QUESTIONS? SEEING AND HEARING NONE.

PLEASE CALL THE ROLL.

IS THERE ANY OTHER BUSINESS TO COME BEFORE THE DRAINAGE AUTHORITY? HEARING NONE. WE ARE ADJOURNED.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.