Thirty Lakes Watershed District
Board of Managers Meeting
Monday, December 8, 2008

Board Present:  T. Ebnet, K. Svee, B. Yund.  Absent:  none.

Also present were Coralee Fox of the Advisory Committee, Thirty Lakes Staff M. Peisch and T. Lauer, and John Wallin, applicant for the position of Manager.

The meeting was called to order at 9:00 a.m. by President T. Ebnet in the office of the Thirty Lakes Watershed District, 17064 Commercial Park Road, Brainerd, MN.

Open Forum:  J. Wallin had some questions concerning the 2008 and 2009 budget, which were answered by the Managers.  There was some discussion about the Werring Procedure and TMDL studies.  J. Wallin also questioned the increase in staff costs from 2008 to 2009.  K. Svee answered that by stating that funds were included for a part time (summer) employee.

Agenda:  MOTION BY YUND/SVEE THAT THE AGENDA BE APPROVED AS PRESENTED.  ALL AYE, MOTION CARRIED.

Secretary’s Report:  MOTION BY YUND/SVEE THAT THE MINUTES OF THE 11/24/08 MEETING BE APPROVED AS PRESENTED.  ALL AYE, MOTION CARRIED.

Treasurer’s Report:  MOTION BY SVEE/YUND THAT THE TREASURER’S REPORT BE APPROVED AND FILED FOR AUDIT.  ALL AYE, MOTON CARRIED.

Monthly Bills:  MOTION BY SVEE/YUND THAT THE MONTHLY BILLS BE PAID AS PRESENTED ON THE 12/8/08 ACCOUNTS PAYABLE LIST.  ALL AYE, MOTION CARRIED.

Best Buy Service Plans:  MOTION BY SVEE/YUND THAT NO ACTION BE TAKEN ON RENEWAL OF THE SERVICE PLAN CONTRACTS WITH BEST BUY.  ALL AYE, MOTION CARRIED.

9th Grade Natural Resources Class:  The Administrator reported on the presentation made to the class on 11/26/08, and requested that consideration be given to purchase textbooks to be used to prepare for the spring planting of a raingarden on the school campus.

MOTION BY SVEE/YUND THAT APPROVAL BE GIVEN TO SPEND APPROXIMATELY $150 TO PURCHASE SIX RAINGARDEN TEXTBOOKS AND ONE PLANT “DICTIONARY” FOR THE 8TH GRADE CLASS AT THE BRAINERD HIGH SCHOOL SOUTH CAMPUS.  ALL AYE, MOTION CARRIED.

B. Yund stated that he approved of the concept of working with local students.  T. Ebnet said that the Natural Resources Class at Forest View School in Pequot Lakes should be contacted regarding the Watershed District and possible future projects.

Advisory Committee Report:  The minutes of the Advisory Board meeting on December 2, 2008 were not available.  The report was tabled until the December 22 Regular Meeting.

K. Svee suggested that the Advisory Committee annual report be presented to the Managers in writing, in addition to the minutes of the meetings.  He further stated that because there was a question about the Advisory Committee receiving and commenting on the minutes of the Manager’s meetings, those minutes should be clearly marked as “Drafts”.  He then went on to say that some members of the Advisory Committee are interpreting the Statute 103.D “to the letter”, but that the Statute does not provide for them to “micro-manage”.

J. Wallin suggested that one member of the Advisory Committee should attend each meeting, thus spreading the responsibility of attending meetings among the members.  B. Yund stated that the Statute is written in such a way as to be open to interpretation.  T. Ebnet said that the Advisory Committee was not established to comment on day to day activities.

K. Svee pointed out to the Managers that the Statute calls for annual appointment of the Advisory Committee, and he did not believe that this has been done each year.  He further stated that the Advisory Committee has been, for the most part, negative towards the Managers, and has thrown hurdles to the Board.  He asked that as Secretary, he be given authority to name the Advisory Committee member by the second meeting in June of 2009.

MOTION BY SVEE/YUND THAT THE SECRETARY OF THE BOARD OF MANAGERS MAKE A RECOMMENDATION IN THE FORM OF A LIST OF ADVISORY COMMITTEE MEMBERS FOR APPROVAL BY THE BOARD BY THE SECOND MEETING IN JUNE OF 2009 ACCORDING TO STATUTE 103.D.

B. Yund stated that the Board of Managers must have the final approval.  K. Svee said that he would interview each of the Advisory Committee members.  J. Wallin suggested that two Managers should be present during the interview process.  K. Svee said that the Administrator should be included in the interviews.  J. Wallin further suggested that the Secretary and President of the Board of Managers conduct the interviews, with or without the Administrator.

M. Peisch stated that the District needed positive input from the Advisory Committee.  J. Wallin agreed. 

MOTION BY SVEE/YUND THAT A COMMITTEE CONSISTING OF THE PRESIDENT AND SECRETARY OF THE BOARD OF MANAGERS AND THE ADMINISTRATOR (A COMMITTEE OF THREE) CONDUCT INTERVIEWS OF THE ADVISORY COMMITTEE MEMBERS AND THAT A REPORT WITH RECOMMENDATIONS BE PRESENTED TO THE BOARD OF MANAGERS BY THE SECOND MEETING IN JUNE OF 2009.  ALL AYE, MOTINO CARRIED.

2009 Overflight:  M. Peisch went over some of the violations and other observations made by A. Cibuzar during the annual overflight.  K. Svee stated that the contract was to document (with photographs) the northern portion of the District without focusing on violations.  T. Lauer pointed out that the contract included “analysis”, which is why the possible violations were pointed out.  She also stated that photographs from the vertical flight were forthcoming.  T. Ebnet said that he had discussed the overflight with A. Cibuzar, and thought that the terms were clear.

MAWD Conference:  B. Yund stated that he had asked for written material from many of the seminar speakers.

M. Peisch reported that she had received written reports from both K. Svee and C. Fox outlining the sessions they attended during the conference, and requested that the other Managers also write reports.  She also stated that the session put on by the State Auditor’s Office brought to light that Thirty Lakes Watershed District should have many more written policies in place.

MOTION BY SVEE/YUND THAT THE ADMINISTRATOR BE DIRECTED TO DRAFT POLICY AND PROCEDURE DOCUMENTS TO BE IN PLACE PRIOR TO THE “PERFORMANCE REVIEW AND ASSISTANCE PROGRAM”.  ALL AYE, MOTION CARRIED.

T. Ebnet said that he attended a portion of the State Auditor’s Session, and thought that it was an excellent presentation.  He also reported that the MAWD dues will be increased in by approximately $700 in 2010 .  The new maximum will be $4,000 instead of $2,000.  The increase is due to the fact that MAWD has been operating in a deficit for the past few years, and there are increased demands for MAWD to supply additional technology and education.  There was additional discussion of different sessions of the Conference.

Etc.:  K. Svee reported that he had sent an email to Attorney Kurt Deter regarding a Writ of Mandamus which would request that the County fulfill their legal obligation by appointed Managers to fill the two current vacancies.

Discussion followed, including the fact that in October a letter was sent to the Crow Wing County Administrator from Kurt Deter requesting that action be taken, and on 11/14/08 the County Administrator reported that the Commissioners were recruiting for applicants.  J. Wallin said that he submitted his application on 11/14/08.

MOTION BY SVEE/YUND THAT ATTORNEY KURT DETER BE REQUESTED TO SEND A WRIT OF MANDAMUS (OR WHATEVER DOCUMENT DETER MAY FEEL IS APPROPRIATE) TO THE CROW WING COUNTY BOARD OF COMMISSIONERS AS SOON AS POSSIBLE.  ALL AYE, MOTION CARRIED.

J. Wallin stated that he knew that Watershed Districts were established by petitions by the residents, but questioned the boundaries of Thirty Lakes, since they did were inconsistent with the physical watershed of the area.  Discussion followed regarding past attempts to expand the District boundaries.

Crow Wing County Sanitary Management District:  T. Ebnet provided an update on the progress of the District, and how the data base on conforming onsite systems is expanding.  He said that the target of the District is to be proactive and keep conforming onsite systems working effectively.  B. Yund said that it behooves the Watershed District to continue to be an active part of the Sanitary Management District.

MOTION BY YUND/SVEE THAT THE MEETING BE RECESSED, TO RECONVENE AT 6:30 PM ON MONDAY, DECEMBER 22, 2009.   ALL AYE, MOTION CARRIED