Thirty Lakes Watershed District
Board of Managers Meeting
Monday, December 22, 2008

Board Present:  T. Ebnet, B. Yund.  Absent:  K. Svee.

Also present were Bob Albrecht, Vic Peterson and Rick Johnson of the Advisory Committee, and Thirty Lakes Staff M. Peisch.

The meeting was reconvened at 6:35 p.m. by President T. Ebnet in the office of the Thirty Lakes Watershed District, 17064 Commercial Park Road, Brainerd, MN.

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

CSAH #4:  Present were Kate Miner, Josh Halverson and Todd Hubmer of WSB & Associates to provide a presentation about plans for improvement to County State Aid Highway #4.

A four mile section of County Road #4 is scheduled for improvement beginning in 2010.  There will be two 12 ft. lanes of blacktop, with four to six foot shoulders.  This will involve a 74 acres project area, with 19 acres of impervious surface.

Plans have been made to protect the ground and surface waters through a series of retention ponds and culverts.  Storage of stormwater has been based on a 100 year rain event.

B. Yund asked what part A. Cibuzar will play in analysis of the plan.  T. Ebnet replied that it was highly unlikely that Crow Wing County would reimburse the expense of a second evaluation.  The Thirty Lakes Watershed District Permit will have the condition attached that the work will be performed according to the design, and if that design is insufficient, the necessary changes will be made to contain the stormwater runoff.

Todd Hubmer pointed out that because this is a State Aid Highway, MNDOT will review the plan in addition to the Crow Wing County Highway Engineer.  An MPCA Permit with a Stormwater Pollution Protection Plan will also be required.

The Managers agreed that they had no issues at this time which would prevent the Engineers from moving forward with the Right of Way acquisitions.

Open Forum:  Rick Johnson read a statement that he stated was his opinion and not for debate.  He felt the following problems needed to be addressed regarding the Watershed District’s Public Relations:

1.  The Relationship with the Crow Wing County Board of Commissioners.  He pointed out that the Secretary had consulted the District’s attorney regarding advertising for new Managers.

2.  The Relationship with the Advisory Committee.  The Secretary had contacted the Attorney about negative comments made about a Manager.  The Secretary also has requested to interview new Advisory Committee members, and re-evaluate current members by June 9, 2009.

3.  The Relationship with A. W. Research.  The Secretary consulted the Attorney with regard to work done under contract.

4.  The Relationship with Jolly Rogers Cooperative.  The Secretary consulted the Attorney after there had been a communication breakdown with the Applicant.

5.  Reorganization.  After one meeting, the Secretary requested a change in the seating for Advisory Committee members.  The Secretary also wanted the name changed from Advisory Board to Advisory Committee.

History:  R. Johnson said that Thirty Lakes has lost three Managers and three Advisory Committee members in the last six months.  He also pointed out that the District has not contacted an attorney this many times in the past four years.

Future:  R. Johnson said that because the Watershed District operates with public tax money, it cannot afford the money or the wasted talent of Managers and Advisory Committee members lost in order to satisfy the ego of one Officer of the Board.

He went on to question the reason for the County Commissioners “dragging their feet” when it came to filling the Board vacancies.  In his opinion, the District had “strong-armed” the County by consulting an Attorney on the subject.

B. Albrecht stated that K. Svee had put words in the mouth of the Advisory Committee by saying that they had been negative.  He further stated that the Committee had asked Svee to bring up certain items at the next Board of Managers, which was not done.  Albrecht felt that the District was not working in partnership with the County, and that Thirty Lakes should have attended a County Commissioner’s meeting and brought the topic of Board Vacancies up during the Open Forum portion of the meeting.

R. Johnson asked if K. Svee’s absence (from January through April) is acceptable.  B. Yund asked if Statute 103.D addresses a Manager’s absence.

M. Peisch asked what an acceptable solution would be, and R. Johnson suggested that three Managers vote Svee off the Board.  T. Ebnet said that this could not be done.

Ebnet also remarked that Svee takes on a lot of activities without Board approval, and that he is only one member of a five member Board.

Advisory Committee:  B. Albrecht was satisfied with the minutes of the Advisory Committee serving as a report on their activities.

Per Diem Policy:  The Administrator presented a draft of a Per Diem Payment Policy which followed the one established by the State Auditor’s Office.  The policy will requires written documentation for anything a Manager does, including the date and time, what was done, who the Manager talked to, the purpose of the activity, and the benefit to Thirty Lakes Watershed District.

The policy states that a Per Diem is appropriate if a matter is before the Board that requires the activity, the activity has been authorized by the Board or the Manager reports on the result of an information gathering activity.

T. Ebnet questioned the paragraph addressing Join Powers Boards.  He said that the Sanitary Sewer Management District is not a Joint Powers.  The Administrator will check with the State Auditor’s Office for a determination.

Pre-Approved Meetings:  There was discussion about developing a list of meetings that may be pre-approved for attendance by the Managers, although a full report would still be required.

The Per Diem Policy and list of pre-approved meetings was tabled until there is a full Board of five Managers.

Mileage Policy:  A draft of a Mileage Policy was presented by the Administrator.  It stated that mileage expenses would be reimbursed at the current Internal Revenue Service Mileage Rate, which effective 1/1/2009 will be $.55.  It further stated that mileage would be substantiated by a mapping service such as MapQuest or Google Maps.

MOTION BY EBNET/YUND THAT THE MILEAGE POLICY BE ACCEPTED.  ALL AYE, MOTION CARRIED.

Treasurer’s Report:  The Treasurer’s Report was reviewed by the Managers and filed for audit.

Monthly Bills:  MOTION BY YUND/EBNET THAT THE MONTHLY BILLS BE PAID AS PRESENTED ON THE 12/22/08 ACCOUNTS PAYABLE LIST.  ALL AYE, MOTION CARRIED.

Sharon Pike/Crystal Court:  Sharon Pike has completed three years of monitoring and the stormwater ponds are working as designed.

MOTION BY YUND/EBNET THAT THE SURETY BOND OF $2,000 BE RELEASED TO SHARON PIKE.

MOTION BY YUND/EBNET THAT THE SURETY BOND OF $2,000 BE RELEASED TO SHARON PIKE AND THE TREASURER BE INSTRUCTED TO GO TO WELLS FARGO BANK AND COMPLETE THE NECESSARY PAPER WORK TO DO SO.  ALL AYE, MOTION CARRIED.

Blue Thumb Planting for Clean Water:  Tabled until January, 2009.

Etc:  The Administrator has been unable to use earned vacation before the end of the year.

MOTION BY EBENT/YUND THAT M. PEISCH BE ALLOWED TO CARRY OVER 5 VACATION DAYS TO BE USED BEFORE THE END OF FEBRUARY, 2009.  ALL AYE, MOTION CARRIED.

MOTION BY EBNET/YUND TO RECESS THE MEETING AND RECONVENE AT 9:00 A.M. ON MONDAY, JANUARY 12, 2009.