Thirty Lakes Watershed District
Board of Managers Meeting
Monday, August 24, 2009

Board Present:  T. Ebnet, G. Hardy, K. Svee, B. Yund.  Absent:  M. Young.

Also present was County Commissioner Rosemary Franzen (arrived at 6:35pm), Attorney Kurt Deter and Thirty Lakes Staff M. Peisch and T. Lauer.

Public Hearing:  The Public Hearing for the Proposed 2010 Budget was called to order at 6:30 pm by President K. Svee in the office of the Thirty Lakes Watershed District, 17064 Commercial Park Road, Brainerd, MN.

R. Franzen asked for the status of the spending of the 2009 budget.  She stated that she had received phone calls from constituents voicing concern over the increased 2010 budget.

T. Ebnet pointed out that the largest increases in the 2010 budget are for the proposed project at Bass Lake 402, and additional funding for cost share projects.

Because the Economy has caused so many other agencies to cut their budgets, R. Franzen stated that the Watershed District should be cutting back also.

G. Hardy asked about the number of cost share projects.  This year there have been four, in addition to the four DNR Shoreline Restoration projects.  T. Ebnet pointed out that most grant programs also require matching funds, and the cost share dollars can be used for that.

The Public Hearing was closed at 6:43 pm.

MOTION BY EBENT/YUND TO APPROVE THE 2010 BUDGET AS PRESENTED.  ALL AYE, MOTION CARRIED.

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

Open Forum:  None.

MOTION BY YUND/HARDY THAT ITEMS 5 AND 6 ON THE AGENDA BE REVERSED, SO THAT ATTORNEY DETER CAN DISCUSS DITCH LAW.  ALL AYE, MOTION CARRIED.

Ditch Law:  Attorney Kurt Deter made a presentation about Minnesota Statute 103E, the Drainage Law.

Minnesota is “reasonable use” State, which allows a property owner to drain or impound water as long as he doesn’t unreasonably harm his neighbor.

Up to $50,000 per year can be spent by the Drainage Authority for repairs without holding a public hearing.   And water quality or erosion control issues may be paid for without assessing property owners.

At this time Crow Wing County is the Drainage Authority for Ditch #13, although there has been discussion with the Rob Hall of the Highway Department and Assistant County Attorney John Sausen about the Watershed District assuming that responsibility. 

With regard to the Pelican Lake Stormwater Project, Kurt Deter stated “Don’t spend money until somebody (the property owners) says, we’re going to join together to do something here.  I know that one group is yelling at you to do something and one group is yelling at you, Over My Dead Body.”

G. Hardy stated that there was a good consensus at the last meeting.  M. Peisch stated that the consensus was to repair the existing pond which Tim Ramerth, the Engineer, said is inadequate.

MOTION BY YUND EBNET THAT THE ADMINISTRATOR BE DIRECTED TO WORK WITH KURT DETER TO WRITE A LETTER TO CROW WING COUNTY INDICATING THAT THE WATERSHED DISTRICT IS INTERESTED IN ASSUMING RESPONSIBILITY FOR DITCH #13, PROVIDING THAT NO WATERSHED DISTRICT GENERAL FUNDS BE USED FOR DITCH IMPROVEMENTS.

Office Relocation:  Attorney Kurt Deter has not yet had the opportunity to review the proposed lease.

 Pelican Lake Stormwater Project:  The Engineer has not completed his design.

MOTION BY HARDY/EBNET THAT THE MEETING BE ADJOURNED AT 7:55 PM.