Notice of Meeting and AgendaWalsh County Water Resource District

Tuesday, March 5,2019 Walsh County Courthouse Lower Level Office #3

8:00 a.m.

8:05 a.m.

9:00 a.m.

10:00 a.m.

10:30 a.m.

11:00 a.m.

Call to Order Roll CallAgenda Approval

Consent/Approval• Minutes from February 26th Meeting• Bills & Transfers

Jack Karas - Dougherty Dam

Walsh County Commission Updates - Commission Chambers

Dan Gaustad - Board Attorney

Walsh County Commission Hearing-Commission Chambers

Other Items• Legislative Updates• Drain 87 Easement payments - Phase I• Annual Township Meeting Presentation• Miscellaneous Correspondence

Adjourn

"To request a reasonable accommodation please contact our office at 701-352-0081"**This agenda is subject to change **

Proceedings of the Walsh County Water Resource District Board MeetingTuesday, March 5,2019

Walsh County Courthouse, Grafton, ND

March 5, 2019 -10:00 a.m.

Vice Chairman Larry Tanke called the meeting of the Walsh County Water Resource District Board to order on Tuesday, March 5, 2019. Roll call taken: Vice Chairman Larry Tanke and Manager Albin Jallo were present. Chairman Daryl Campbell was absent.

Agenda - Motion to approve agenda as presented by Manager Jallo, 2nd by Vice Chairman Tanke and passed with all members saying yes.

Motion to approve the minutes of the February 26th meeting by Manager Jallo, 2nd by Vice Chairman Tanke and passed with members saying yes.

Motion to approve the attached bills and transfers by Manager Jallo, 2nd by Vice Chairman Tanke and passed with members saying yes.

Jack Karas appeared to discuss repairing Dougherty Dam which is located adjacent to his property. The Board agreed to follow up with Dan Fischer, the State Water Commission and also reach out to ND Game and Fish about getting the dam repaired.

Drain 87 parcels located within Phase 1 - Some of these parcels will have work on them again this year. No plant letters will need to be sent out along with a second easement payment as construction will span 2 years.

. „ major legislative updates relating to water bills this past week.

Walsh County Commission Update - Larry gave the Commission an update on the Red River Joint Board and presented a copy of the watershed management strategy report for 2019-2022. Albi updated the Board on construction for Drains 30-2, 4 and 87. Jennifer gave updates on legislation relating to water bills and that the Board will be applying for grants to study Fordville and Bylin Dams for possible rehabilitation.

The Board spoke with Attorney Dan Gaustad about the quick take hearing and what he would be presenting to the Commissioners.

Walsh County Commission (WCC) Public Hearing Regarding the Quick Take of Property Sought for the Construction of LegalDrain 87 - The Board, along with their attorney Dan Gaustad, attending the Commission's public hearing regarding Mr. Ron Moe's parcels being sought for the construction of Drain 87. Chairman Barta opened the hearing and asked for all attendees to introduce themselves. Those in attendance were: Chairman Ernie Barta, Commissioners Denny Skorheim, Lauren Wild and Lawrence Burianek, Auditor Kris Molde, Water Board members Larry Tanke, Ablin Jallo, and Jennifer Lindenberger, Water Board Attorney Dan Gaustad, Reporters Todd Morgan & Bonnie Meibers, State's Attorney Kelley Cole, Asst. State's Attorney JR Steele, State's Attorney intern Richard, and landowners Ron Moe, John Russum, Gary Hove, Ted Suda and Harlan Brekke.

Mr. Moe asked if he could ask some procedural questions before the testimony began. He went through a letter he had sent the WCC in February. First he wanted to know if the hearing was legal if it was not posted in the paper. Chairman Barta replied yes and they had the notice served on him and that no newspaper notice was required. Mr. Moe then asked if the Commissioners who previously sat as members on the Water Board were going to recuse themselves due to a conflict of

rest. SA Cole read a definition of a conflict of interest regarding voting on such a measure and she did not feel any Commissioner had such a conflict. Commissioner Burianek is the only member that had previously sat on the Water Board and he stated he was not going to recuse himself from voting on this matter. Mr. Moe then asked the Commission what they believe the intent was behind the 2017 law that passed allowing quick take for public works projects. He felt the only way he can find out if the vote on Drain 87 was legal was through the discovery process that would occur if this matter was taken up in District Court. He felt that the quick take process takes away his opportunity to find out if the vote was legal. Mr. Moe then

warned the Commission that if they allowed this quick take, they would be assuming legal liability for the Water Board's actions and he would be filing a lawsuit against the Commission.

^..lOrney Gaustad then addressed the Commission. He presented the Commission and Mr. Moe with a booklet of information showing all of the requirements the Water Board followed, a timeline of events that have occurred since first contacting Mr. Moe and copies of all correspondence between the Water Board and Mr. Moe. Gaustad stated that today is not about the legality of the Drain 87 vote or establishment of the drain. Today is about if the Water Board followed the procedure laid out in N.D.C.C §61-16.1-09 regarding the authority to pursue quick take. If the Commission were to approve the Water Board's request, the next steps would be for the Water Board to deposit a check with the Clerk of Court, a notice sent out to Mr. Moe regarding the deposit for quick take and Mr. Moe's option to appeal to District Court. Gaustad then went through the timeline of events from February 2018 to present. Included were multiple attempts to correspond with Mr. Moe per N.D.C.C. requirements via USPS Certified Mail Return Receipt. On 3 different occasions, Mr. Moe failed to sign for the correspondence and it was returned to the Water Board. Upon return of the documents, the Water Board then had them personally served on Mr. Moe to show their due diligence in trying to negotiate with Mr. Moe. In September, the Water Board sent an updated offer based on an appraisal by Mr. Les Roos, a certified appraiser, for $17,500. On December 11, 2018, the Board, Mr. Gaustad and Mr. Moe met to discuss the land purchase. Mr. Moe's counteroffer to the Water Board was $30,000 for the land rights being sought and a letter from the ND Attorney General stating that the Drain 87 vote was legal. His offer was contingent upon the Attorney General's letter. Mr. Gaustad had previously spoken to a representative at the Attorney General's office who told him there would be no letter issued by their office regarding the legality of the Drain 87 vote as all appeal windows had already passed. Being the Water Board could not produce a letter from the Attorney General, they voted to reject Mr. Moe's counteroffer. Mr. Gaustad stated the Water Board was still willing to negotiate with Mr. Moe to try resolve the issue.

Mr. Moe then presented information to the Commission. He started by referring to the handout from Mr. Gaustad is an indication to him that there are bigger issues the Water Board is trying to hide. He then stated that he has 2 issues with the sale of his land for Drain 87. The first is that he wants reasonable assurance that the sale is being conducted legally - i.e. the

in 87 vote was conducted legally. Chairman Barta stated that the hearing was not to decide the legality of the drain vote u^t the negotiation of the purchase of land rights. Moe then moved on to his second issue which was the price he was being offered for his land. In reference to the appraisal the Water Board had done on his land, Moe stated that he felt it was shady and that comparable sales closer to his property were intentionally left out of the report. Mr. Moe said he guesses that what the Water Board spent on the appraisal could have covered the monetary difference between his and the Water Board's offers ($12,500). He told the Commission about sales of land west of Grafton along Hwy 17 that sold for $12,000 per acre back in 1984 for the commercial development of businesses like Hanson Implement and Grafton Equipment. He also referenced a land sale by Vesleyville that was much higher than the Water Board's offer. He then moved on to his requirement that the Water Board produce a letter from the ND Attorney General regarding the legality of the Drain 87 vote. He felt that the Water Board is refusing to get such a letter, not that the Attorney General has said they are not going to produce such a letter. He then warned the Commission again that if they approve this quick take and it is found that the Drain 87 vote was illegal, they are assuming all legal liability of the Water Board's actions and will have to defend themselves in court against him. He closed with a newspaper article reference to the Ramsey County Hog Barn in which Ramsey County recused themselves on the grounds that the zoning was a township issue, not a County issue. He feels the WCC should also recuse themselves from this decision as it is a Water Board matter, not a WCC matter.

Mr. Gaustad was allowed to respond to Mr. Moe's testimony. He began by stating he would not apologize for his handout and he stands behind his work product that showed just how many procedural rules the Water Board had to follow. He said he also took offense to Mr. Moe's comments regarding the appraisal done by Mr. Roos, which in fact was a legal requirement in the quick take process. He again stated that the Water Board has no control over the issuance of a letter from the Attorney General's office and if Mr. Moe will not proceed without that letter, then the Water Board has no other option but to ask for the WCC's approval to proceed with quick take in order to continue with the drain construction.

Page 2 of 3WCWRD

03/05/19 Minutes

Chairman Barta then asked if there was a motion to approve the Water Board's request to proceed with quick take on property rights sought for the construction of Drain 87. Motion was made by Commissioner Wild, 2nd by Commissioner Skorheim and "-'■sed with a unanimous roil call vote.

In closing, Chairman Barta stated he hopes that somehow the Water Board and Mr. Moe can come to a resolution on the matter outside of court.

Next regularly scheduled meeting is Thursday, March 14,2019.

Attest: ■ -* ■,_____ _Jennifer Liqdenberger, Sec/Treas.

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Page 3 of 3WCWRD

03/05/19 Minutes

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March 14, 2019

Board Meeting

Cancelled Due to

Blizzard

8:00 a.m.

8:05 a.m.

9:00 a.m.

Adjourn

Call to Order Roll CallAgenda Approval

Consent/Approval• Minutes from March 5th Meeting• Bills & Transfers

Zach Herrmann, Houston Engineering-Updates• Bradley Sogn - CenturyLink• Jon Markusen - KU

Notice of Meeting and AgendaWalsh County Water Resource District

Tuesday, March 19,2019Walsh County Courthouse Lower Level Office #3

Other Items• PR Snag & Clear Updates• Drain 90 Cost Share Update• Drain 4 Contract• Legislative Updates• Copier Lease• Drain 87 Easement payments - Phase I• Hosting RRJWRD Board Meeting April 10th• Miscellaneous Correspondence

'To request a reasonable accommodation please contact our office at 701-352-0081’**This agenda is subject to change **

Proceedings of the Walsh County Water Resource District Board MeetingTuesday, March 19, 2019

Walsh County Courthouse, Grafton, ND

March 19, 2019 -10:00 a.m.

Chairman Daryl Campbell called the meeting of the Walsh County Water Resource District Board to order on Tuesday, March 19, 2019. Roll call taken: Chairman Daryl Campbell and Manager Albin Jallo were present. Vice Chairman Larry Tanke was absent.

Agenda - Motion to approve agenda as presented by Manager Jallo, 2nd by Chairman Campbell and passed with all members saying yes.

Motion to approve the minutes of the March 5th meeting by Manager Jallo, 2nd by Chairman Campbell and passed with all members saying yes.

Motion to approve the attached bills and transfers by Manager Jallo, 2nd by Chairman Campbell and passed with all members saying yes.

Park River Snag & Clear Update - Jennifer passed along that Vice Chairman Tanke was on site last week to check on the project and took pictures of the work that has been completed. He was told that Mike Berkley with Houston Engineering is not ready to certify any of the miles yet as he feels more cleanup needs to be completed.

Proposed Drain 90 Update - On Thursday, March 14th the SWC Flood Subcommittee approved the preliminary engineering *T share request for Drain 90. Zach Herrmann, HEI has estimated that an additional $156,895 in expenditures would be urred to bring the project to an assessment vote. The cost share was approved for $70,650. The next step is to speak to the

landowners to see if they want to move forward with the project and utilize the cost share. An informational landowner meeting will be scheduled for April 16th at 10:30 am and Zach will provide an updated presentation at that time.

Dougherty Dam - Will need to speak with Jeff Duray to see if he could look at the dam to estimate repairs. Game and Fish is no longer stocking the dam, but is still stocking Bylin Dam downstream. Fischer felt the Board would need to contact an engineering firm that specializes in dam repairs to get a full assessment of the damages.

Wambem Drain 97 Access - Manager Jallo spoke with Alan Wambem regarding the ongoing access problems he has with a parcel located on the opposite side of Drain 97. They are still trying to work with the neighboring landowner to allow access to the parcel.

Copy Machine - Jennifer contacted ABM and Marco regarding leasing a printer/scanner/copier for the office. Last year $1,198.55 was paid to the County for "rent" of the machine in the highway department. Additional charge for color copies on that machine was $488.07. Additionally, $675.33 was spent on ink for the desktop printer in the office and paper for printing/copying. Currently Jennifer uses paper purchased by the office for copying on the highway department printer.ABM's quote was $135.61 per month for a machine that could do both letter and ledger sized printing along with a stapler option. This amount includes all maintenance and copies up to 24,000 b/w and 2,400 color. Still waiting for a quote from Marco.

Zach Herrmann. HEI - Monthly Updates^ • Drain 30-1 - Re-evaluate any seeding issues this spring.

• Drain 30-2 - Waiting on paperwork from Zavoral before formal award is issued.• Drain 87 -

o Negotiate with Park Const, on additional easement payments that will have to be paid to landowners along Phase 1.

o Field crossing along Co Rd 11. Landowner is concerned as culvert in crossing is higher than ditch. Would like removed ASAP to prevent any flooding issues.

o Park Const, is not going to set the box culvert in Carder's field crossing due to flood outlook, o Phase 2 bid opening backed up to April 16th at 10AM.

• PR Snag & Clear - Mike will be up here checking on project again either Thursday or Friday. On the Level does have more labor working on the project to try get as much completed as possible due to rising temperatures.

• Brad Sogn with CenturyLink appeared to discuss the broadband installation project and how they would need to cross several drains. Zach will work with him on drain depths and proposed projects to make sure cable is placed low enough for construction. Board will work on utility permits for crossings and forward onto Brad when approved by the Board.

• Jon Markusen with KLJ appeared to discuss McLeod arm of the Drain 87 project. Gladden Construction, currently working on the Grafton Diversion, is interested in any additional material (clay) that would be available from the construction on the McLeod portion of the drain this summer. It was decided that once the bids on Phase 2 are received, Jon will come back to negotiate acquiring the clay.

• PRJWRD meeting will be held in Cavalier next week. Zach thought 11 AM would work as he is presenting to the PCWRD before.

RRJWRD Meeting - The executive board of the RRJWRD decided to allow Walsh County to host the next full board meeting on April 10th at 9:30 AM. Vice Chairman Tanke, Jennifer and Zach will work on a presentation to show the projects we are working on. Tanke would like to provide a lunch for the group. Both Jallo and Campbell were in agreement to provide a lunch for the attendees.

Next regularly scheduled meeting is Tuesday, March 26,2019.

Attest:Jennifer Lindenberger, Sec/Treas.

Page 2 of 2WC WRD

03/19/19 Minutes

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8:45 a.m. Call to OrderRoll CallAgenda Approval

8:50 a.m. Consent/Approval• Minutes from March 19th Meeting• Bills & Transfers

9:00 a.m. Dave Hankey - Drain 30-2 ROW

Notice of Meeting and AgendaWalsh County Water Resource District

Tuesday, March 26, 2019Walsh County Courthouse Lower Level Office #3

Other Items• Legislative Updates• Copier Lease• NRCS Dam Inspections• Dougherty Dam• Miscellaneous Correspondence

Adjourn

**At 11:00 AM the Board will be attending the Park River Joint Board meeting at the Pembina County Water Resource District offices.

"To request a reasonable accommodation please contact our office at 701-352-0081"**This agenda is subject to change **

Proceedings of the Walsh County Water Resource District Board MeetingTuesday, March 26, 2019

Walsh County Courthouse, Grafton, ND

March 26, 2019-8:45 a.m.

Chairman Daryl Campbell called the meeting of the Walsh County Water Resource District Board to order on Tuesday, March 26, 2019. Roll call taken: Chairman Daryl Campbell, Vice Chairman Larry Tanke and Manager Albin Jallo were present.

Agenda - Motion to approve agenda with drain cleanout addition by Manager Jallo, 2nd by Vice Chairman Tanke and passed with all members saying yes.

Discussed various spots in legal drains that need to have the snow cleaned out. Jim Kjelland contacted Manager Jallo about a spot in Drain 97. Vice Chairman Tanke will speak to Jeff Duray Triple D to see if he has equipment available. The Board would also like Triple D to look at repair options for Dougherty Dam.

Motion to approve the minutes of the March 5th meeting by Manager Jallo, 2nd by Vice Chairman Tanke and passed with ail members saying yes.

Motion to approve the attached bills and transfers by Vice Chairman Tanke, 2nd by Manager Jallo and passed with all members saying yes.

Dave Hankey Drain 30-2 - Dave appeared to discuss the ROW the Board has proposed to acquire for the construction of Drain 30-2. He was concerned that his tile pump is located with the ROW. Upon looking at the construction plans, it appears that

pump is not on the ROW. After Houston Engineering stakes the ROW, the Board will see if the pump is included in the - W or not. If it is, the Board will draft an easement agreement to allow Dave to have access to his tile pump.

Copier Lease - Jennifer received estimates from Marco and Advance Business Methods. Although Marco had a cheaper estimate, the copier appeared to not be compliant with Windows 10 and there had been service issues prior. Motion by Manager Jallo to approve ABM copier lease with staple option of $135.61 per month, 2nd by Vice Chairman Tanke and passed unanimously with a roll call vote.

NRCS Dams - Christi asked that the Board have the following dams mowed this summer so that hazard assessments could be performed: Chyle, Soukup, Sundvor, Whitman, Melstad and Union. She has also indicated that although unofficial, it sounds like the rehab study requests for Fordville & Bylin Dams will be approved for funding.

Misc Correspondence: Jennifer provided to the Board the following correspondence for their review:• Drain 22 letter to Gowan with monetary withholdings• Email regarding progress on PR Snag & Clear from HEI• Vice Chairman Tanke will be unavailable for RRJWRD meeting April 10th - will try reschedule.• The ND Water Education Foundation will be hosting a tour in Walsh & Pembina Counties June 12th. The tour will cover

the FR RCPP Watershed study, the PR RCPP Watershed study, Renwick Dam Rehab and City of Grafton diversion.

The Board adjourned its regular board meeting to attend the Park River Joint Water Resource District meeting in Cavalier.

Next regularly scheduled meeting is Tuesday, April2, 2019. '' ~) \ /*/

Attest: .-;,V_____Jennifer Lindenberger, Sec/Treas.

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Walsh C

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03/25/18 W

eekly Bank Account Report

Cash Basis

As of March 26, 2019