BCWRD Meeting Minutes July 8, 2014 Tom Baker Meeting Room. Agenda Items Discussion Board Action Responsible Party Due Date

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BCWRD Meeting Minutes July 8, 2014 Tom Baker Meeting Room Present: Terry Fleck, Cary Backstrand, Kathleen Jones, Gordon Weixel, Dennis Reep, Dave Bliss, Bliss & Stebbins Law Firm, Michael Gunsch, Houston Engineering, Inc.; and Mona Livdahl, Personalized Management Services, Inc. Call to order: Called to order at 8:00 a.m. noting a quorum was present. 6-3-14 Minutes None Kathleen moved to approve, Cary seconded. Docustore Presentation Scanning cost would be around $25/document up to 125 pages. Dennis asked about the OCR value - which is for word recognition. Dennis asked for an estimate on the work based on the conversation. Kathleen moved to employ Docustore to go back to 2011 and scan all agenda books and go forward to 12, 13 and 14 and bookmark the books that have been scanned. Cary seconded. Kathleen amended to go back to 2010. Kathleen amended her motion noting if there is an occurrence whereas we go over $150 a book to contact us. Cary seconded the amendment. A roll call vote was taken: Gordon: Cary: Yes Chairman Fleck: Yes n/a Mona/Docustore n/a n/a McDowell Dam Insurance Claim Discussed the insurance claim whereas a door was ripped off the building during a wind storm. Annual Report Reviewed no comments Funding The Master Plan is already 10 Opportunities years old. Budgeting will be Kathleen and Gordon will continue to work with Forrest to get this taken care of. Consensus to meet with the McDowell family to get input as to what their vision is Kathleen/Gordon/Forrest Gordon/Dave/Kathleen /Michael October, 2015 BCWRD Meeting July 8, 2014 Page 1 of 9

scheduled for 2015 for the Master Plan and 2017 for the intake. Kathleen noted she sees two issues - the need to contact the family and the need to educate the County Commissioners especially about the agreement with NRCS which is 50 years as well as the agreement with the McDowell Trust so they know we were charged with managing this Dam. Aero Club lease A new lease was developed extending the lease through April, 2025 as well as conveying the two structures to the BCWRD. Insurance Dave Bliss noted he has the insurances and will be sending a letter to Mr. Walter, State Auditor with documentation Admin. Fee Greg Smith discussed the 25% administrative fee and will have the report prior to August. Greg also noted that he will get someone to fix the door on the shop building. for the McDowell Dam and then work on the Master Plan. Also discussed providing the County Commissioners with a copy of the Master Plan from 2005. Discussed getting a grant writer for the near future to fund McDowell. Kathleen moved to have a report from the McDowell Family in order to proceed with the 2015 Master Plan. Gordon seconded. Gordon: Yes Cary: Yes Chairman Fleck: Yes Gordon moved to accept the lease, Kathleen seconded. Mail letters and insurances to State Auditor Dave Bliss No action needed until the report is available. Gordon/Rod Matzke 4/4/2025 Greg Smith 8/12/14 Page 2 of 9

Capital Improvement Plan County Engineer Items Country Creek Discussed moving the boat ramp. We would need to identify a location, put a cost to it and submit to the ND Game & Fish for Cost Share. Gordon/Forrest/Greg & Michael 8/12/14 3 rd signed and in place. The Developer s Agreement is None Preliminary Vote Deadline for votes July 17 th Mona 7/17/14 Update on None MRCC Petition Process Hogue Island Final Payment to Bohlman Cost Share Participation Sale of lots State Water Commission Cost Share Michael provided Julie Roswig with more information. Kathleen noted the last petition process cost $8,000 this one is budgeted at $5,000. Kathleen and Travis took a look at the area and it looks good. Michael asked the board to authorize Kathleen to review and take to State Water Commission when complete. Kathleen noted that the appraisals won t be done until the end of July. In the meantime we need to draft a letter to the residents letting them know where we are at. Michael noted that this was pulled from the State Water Commission s budget for cost share. It was noted that we set Approve payment of $24,806.23 under bills. Dennis moved to approve review by Kathleen and taking to State Water Commission. Gordon Seconded. Motion carried. Kathleen moved that we send an update letters to the residents to let them know what is going on. Gordon seconded. The letter will go to all the residents on the north end - noted we do have emails for all the North end residents. Kathleen and Michael will draft the letter and will email out. Motion carried. Michael/Kathleen Michael/Kathleen Page 3 of 9

Resolution aside $50,000 in reserves for our portion owing on the sale of the homes. Michael noted a project was created and we needed a Resolution to dissolve the project as we will not be building it. Cary moved to dissolve the project. Kathleen seconded. A roll call vote was taken: Gordon: Yes Cary: Yes Chairman Fleck: Yes Financial Reports June Month End Kathleen reviewed the financials. Kathleen moved that we take $100,000 of the Burnt Creek Reserve fund and move to the checking account. Cary seconded. Motion carried. Kathleen moved to take the $66,000 labeled SWC in the reserve account and place it in the checking account to close out Hogue Island. Cary seconded. Kathleen/Nancy Kathleen/Nancy Project Status Report Kathleen noted she made the report to the County Commissioners - she was informed that unless the bookkeeping returns to the county they will not approve. At the August 4th - Kathleen will send bullet points to the county commission outlining the importance of the funding. Kathleen 8/4/14 Page 4 of 9

Liability Insurance Review Policies Credit Cards: Paying Bills Policy: Kathleen will email to the board first - August 4th is the last pitch she can make for McDowell Dam. The county charged the Water Resource District 10% of whatever we had in the account as an administrative fee. A letter was received quoting the premiums for liability insurance. The BCWRD does not use credit cards and will not need this policy. Historically the Treasurer always reviews the bills. Kathleen moved to accept Option 1 which is a $1,000,000 policy. Dennis seconded. A roll call vote was taken: Gordon: Yes Cary: No Chairman Fleck: Abstained Motion carried. Kathleen moved to not accept these policies. Cary seconded. A roll call vote was taken: Cary: Yes Chairman Fleck: Yes Kathleen moved that the Treasurer of the BCWRD review the bills on a monthly basis prior to the meeting. Dennis seconded. Motion carried. Mona/Dave Bliss Page 5 of 9

Bills: The bills were presented in the amount of $72,977.09 Kathleen moved that we approve the bills as presented, Dennis seconded. Drainage Complaints Eldin Spier No updates Leave on agenda. Cary/Michael River of Hope: Cary noted he had looked at the area and they are in the process of constructing the facility. Leave on agenda. Cary/Michael Tom DeKrey: Lynette Keller: Duane Boeder & Ron Arth- Fox Haven Fox Island Homeowners A compliance date was given until July 1 st. Due to the moisture in the area, discussed extending it until August 12 th. Cary reviewed the area and noted the BCWRD does not have jurisdiction. Cary noted that he has not been out to the area yet. Kathleen did attend the township meeting and discussed the culverts sizes and has agreed to withdraw his complaint. Cary reviewed noting Michael and he met with the City of Bismarck. Cary suggested that this board as well as the City and Homeowners Association take care of the maintenance of this ditch. Noted Don Roloff said the ditch is on private property and there are no easements and the Cary moved that we move the compliance date until August 12th, Dennis seconded. Cary moved to dismiss the complaint as we don't have jurisdiction. Gordon seconded. Kathleen moved to dismiss both drainage complaints. Cary seconded. Cary/Michael 8/12/14 Cary Kathleen Cary Page 6 of 9

HOA are not helping. A meeting has been set up with the HOA as to what might be done on the 15th. 80 Acre law Cary discussed the 80 acre law which was put in the law in the 50's for agriculture drainage. Cary asked if we can ask for jurisdiction in the smaller areas. Dave Bliss noted that we can. Discussed promulgating the rules - Bliss will look at the duties. Noted we need to delineate our duties. Cary asked what we can do if they don't follow Dave Bliss noted that we can't enforce the city and county need to enforce their own ordinances. Burnt Creek Flood Control Project Easements The permanent access easement has been approved. NDDOT re: gates The DOT has requested a gate and the board would like to see the benefit. Cost Share The agreement has been signed, Discussed promulgating the rules - Bliss will look at the duties. Noted we need to delineate our duties. Kathleen suggested that Cary go to Grand Forks and get together with Sean Frederick and Carol to establish policies. Dennis and Michael will meet with DOT on the low gate levee. we are waiting on insurance. Bids Kathleen moved to advertise and move forward on Burnt Creek, Cary seconded. Dave Bliss/Cary Michael/Dennis Mona Michael Apple Creek Water Put on hold Page 7 of 9

Supply Missouri River Snagging Old Business: Reworking of 2 approved policies Fraud & Internal Controls Purchasing Procedures On hold Discussed the Fraud and Internal controls policy. On the internal controls, we do have segregation of duties, so that can remain. On the Fraud policy discussion was held on defining material value which Dave Bliss defined in the policy. Kathleen moved to approve policy revisions. Cary seconded. Motion carried. Kathleen moved to adopt the state purchasing policy for engineering and legal fees. Gordon seconded. Motion carried. 7/8/14 7/8/14 SA #1 & 2015 HEI Fee schedule Kathleen suggested that we adopt the fee schedule and get rid of SA 1 and Work Order 1. Michael felt that this is a general authorization to do whatever as contractually asked of by the board. Kathleen moved to accept SA 1 and the 2015 Fee Schedule. Cary seconded. Motion Carried New Business: Grant Writing Discussed earlier Kathleen will visit with Tracy and Terry will visit with Rod about bidding this. Peer Review: No action needed. Apple Creek Industrial Park Levee Cost Share Michael recommended that we table it as they are trying to set up a meeting with the constituents first. Kathleen/Terry Tabled 8/12/14 Page 8 of 9

Meeting adjourned at 11:45 a.m. Mona Livdahl, BCWRD Admin. Secretary Page 9 of 9