Thirty Lakes Watershed District
Board of Manager Meeting
January 11, 2010

Board Present:  T. Ebnet, G. Hardy, K. Svee and M. Young.  Absent:  none.

Staff Present:  T. Lauer and M. Peisch

Also Present:  Adam Ripple of Rinke Noonan Law Firm, Dan Steward from BWSR, Jennifer Stockinger of the Brainerd Dispatch, Alan Cibuzar, Rick Johnson and Coralee Fox of the Advisory Committee and County Commissioner Rosemary Franzen.

The meeting was called to order at 9:00 am by President K. Svee in the office of the Thirty Lakes Watershed District, 17064 Commercial Park Road, Brainerd, MN.  K. Svee led the Pledge of Allegiance. 

Public Hearing:  The Public Hearing was opened to discuss the Relocation of the Principal Place of Business.  It is proposed that the Thirty Lakes Watershed District move its office to 19513 State Highway #371 in Brainerd, MN since this location is within the District Boundaries and would provide higher visibility and accessibility for the District’s constituents.

Adam Ripple began by pointing out to the Board that Minnesota Statute 103D.321 states that the Watershed District office is to be located within the boundaries of the District.  The law further states that “If public facilities are not available for a watershed district’s principal place of business within the watershed district, the board shall determine and designate the nearest suitable public facility…”  He stressed to the Board that to move to a location further outside of the district would be in violation of the statute.  This is a 3 step process, step 1 is the resolution, which was done on October 12, 2009, step 2 is the public hearing, which is today, step 3 is the Order, in form of a resolution. Draft resolution in meeting packet.

Alan Cibuzar, representing his mother-in-law who owns property on North Long Lake, spoke in favor of the new location stating that it would be more accessible to the residents within the District.

Dan Steward of the Board of Water & Soil Resources spoke in favor of moving to a location within the District boundaries to comply with Minnesota Statute.

There was discussion about the fact that the Managers voted 3/2 on October 12, 2009 to move to 19513 State Highway #371 in Brainerd, MN.  As a result of that vote, a resolution was approved by the Board to move to the new location.  Subsequent to the vote and resolution, Board President K. Svee secured a three year lease on the property.  That lease had been modified according to the suggestions of Attorney Kurt Deter after he reviewed the first draft of the lease.  G. Hardy questioned whether or not it was legal for one representative of the Board to sign such a lease.  Attorney Adam Ripple stated that it was not improper or illegal for one person, such as the President or Chairman, to sign contracts.  He also said that the actions taken by K. Svee were appropriate, and that the purpose of the public hearing was to obtain input from the public.

G. Hardy stated that the lease should have a clause allowing the Lessee to terminate the lease with a 90 day notice, particularly because the lease gives the Landlord the ability to do so. We didn’t did a good job of shopping for an office space.  We are located in a lousy place right now.

M. Peisch stated that we started looking for offices in summer of 2008. We budgeted more money for 2009 and 2010 lease. We looked into 24 properties, using 3 realtors.  We have made a great effort to look for a decent place. We are not over budget. We are operating within our budget.  M. Peisch stated that she was instructed by the board to secure a 3 year lease.

President Svee asked for additional comments from the audience.  No further comments were offered, nor did anyone voice opposition on the subject or relocating the Watershed District’s principal place of business.

The Public Hearing was closed at 9:40 am.

MOTION BY HARDY/YOUNG THAT THE MATTER OF RELOCATING THE PRINCIPAL PLACE OF BUSINESS BE TABLED UNTIL THE FEBRUARY MEETING IN ORDER TO GIVE G. HARDY TIME TO RENEGOTIATE THE LEASE WITH THE LANDLORD OF THE LAKEVIEW CENTER BUILDING TO INCLUDE A 90 DAY TERMINATION CLAUSE FOR THE LESSEE.ALL AYE, MOTION CARRIED.

Open Forum:  MOTION BY HARDY/YOUNG THAT THE OPEN FORUM BE MOVED TO A LATER PART OF THE AGENDA (BETWEEN ITEMS 7 AND 8).  ALL AYE, MOTION CARRIED.

Consent Agenda:  MOTION BY EBENT/HARDY THAT THE CONSENT AGENDA BY APPROVED WITH THE CHANGE IN THE AGENDA AS STATED PREVIOUSLY, INCLUDING THE ACCOUNTS PAYABLE.  ALL AYE, MOTION CARRIED.

Advisory Committee:  K. Svee reminded the Board that 103.D.331 states that the Advisory Committee must be appointed annually.  In December of 2008 a Committee was formed for that purpose consisting of T. Ebnet, K. Svee and Administrator M. Peisch.  A report with the recommendations of the Committee was presented to the Board.  G. Hardy and M. Young stated that they should have been a part of the process, regardless of whether or not a Committee had been established prior to their appointment to the Board.

MOTION BY SVEE/EBNET THAT NO ACTION BE TAKEN ON THE APPOINTMENT OF THE ADVISORY COMMITTEE UNTIL G. HARDY CAN ARRANGE TO INTERVIEW ALL COMMITTEE MEMBERS.  Rosemary Franzen brought up the Point of Order that the President or Chair cannot make a motion.  K. Svee asked if he could second a motion, and R. Franzen replied that he could.

MOTION BY EBNET/SVEE THAT NO ACTION BE TAKEN ON THE APPOINTMENT OF THE ADVISORY COMMITTEE UNTIL G. HARDY CAN ARRANGE TO INTERVIEW ALL COMMITTEE MEMBERS AND/OR SET UP THE PROCESS BY WHICH THE ADVISORY COMMITTEE IS NAMED.  ALL AYE, MOTION CARRIED.

Rules as applicable to County Roads:  Rob Hall, Assistant County Engineer, had questioned the Watershed District’s policy with regard to improvements completed on County Roads.

K. Svee suggested that a policy be written addressing all roads and improvement within the Watershed District for all jurisdictions.

MOTION BY HARDY/YOUNG THAT THIS MATTER BE REFERRED TO THE ADVISORY COMMITTEE FOR THE DRAFTING OF A POLICY REGARDING COUNTY ROAD CONSTRUCTION AND IMPROVEMENTS.  ALL AYE, MOTION CARRIED.

K. Svee reminded the Board that since the appointment of the Advisory Committee has been tabled, there is no Advisory Committee to draft such a policy.

Ground Water Intrusion Overflight:  Alan Cibuzar of A. W. Research Laboratories showed pictures taken by thermal and water penetrating cameras that can identify ground water intrusions (such as faulty septic systems) into lake water.  Cibuzar was proposing to conduct such an overflight on Bass Lake 402 and North Long Lake.

MOTION BY EBNET/HARDY THAT A GROUND WATER INTRUSION OVERFLIGHT BE CONDUCTED ON BASS LAKE 402 AS A “PILOT PROJECT”, TO BE DONE AS SOON AS POSSIBLE.  ALL AYE, MOTION CARRIED.

Open Forum:  M. Young stated that he felt Rinke Noonan Law Firm did a poor job in reviewing the lease for the property at 19513 State Highway #371.  Adam Ripple said that he would bring that information back to the Firm.

Sour’s Plat:  M. Peisch stated that there is no stormwater plan for the Sour’s Plat near Gladstone Lake.  G. Hardy suggested that Planning & Zoning had Staff that were qualified to design stormwater plans.

MOTION BY HARDY/YOUNG THAT THE MATTER BE TABLED UNTIL THE FEBRUARY MEETING SO THAT CROW WING COUNTY PLANNING & ZONING CAN BE CONSULTED REGARDING ASSISTANCE FROM THEM IN THE DESIGN OF STORMWATER PLANS FOR PLATS.  ALL AYE, MOTION CARRIED.

Consulting Engineer:  M. Peisch stated that the Pelican Pines Plat is scheduled for final approval by the Board of County Commissioners at their February 9, 2010 meeting.  Landecker & Associates has submitted a stormwater plan, and Peisch suggested that it should be reviewed by another Engineer for compliance with Thirty Lakes Watershed requirements.

MOTION BY HARDY/EBNET THAT WHEN A SIGNED PERMIT APPLICATION IS RECEIVED FROM PELICAN PINES, THAT THE STORMWATER PLAN BE SENT TO WESTWOOD PROFESSIONALS FOR REVIEW.  ALL AYE, MOTION CARRIED.

Buffalo Grass Packets:  Administrator M. Peisch is requesting the purchase of 100, 4 ounce packages of Buffalo grass to Thirty Lakes Watershed District on the label.  These will be given to lakeshore residents for planting along the shore.  Buffalo grass grows 8” high, yet has roots that extend 7 ½ ft. into the ground.
MOTION BY EBNET/SVEE THAT THE 100 PACKETS OF BUFFALO GRASS BE PURCHASED FOR $550.00.  ROLL CALL VOTE AS FOLLOWS:  EBNET – AYE, HARDY – NAY, SVEE – AYE, YOUNG – NAY.  2/2 VOTE, MOTION FAILS.

MOTION BY G. HARDY THAT THE MATTER BE TABLED UNTIL THE FEBRUARY MEETING SO THAT THE SHELF LIFE OF THE BUFFALO GRASS CAN BE DETERMINED BEFORE A DECISION IS MADE.

Lake Management Strategies:  MOTION BY HARDY/YOUNG THAT THE LAKE MANAGEMENT STRATEGIES BE REVIEWED AND DISCUSSED IN DETAIL AT A LATER DATE.  ALL AYE, MOTION CARRIED.

Other Matters:  MOTION BY HARDY/YOUNG THAT THE BOARD OF MANAGERS KEEP IN MIND THAT THEY ARE A COMMITTEE OF FOUR (AND SOON TO BE FIVE) AND ALL DECISIONS MUST BE MADE BY THE BOARD. 

MOTION BY HARDY/EBNET THAT THE MEETING BE ADJOURNED AT 11:45 AM.  ALL AYE, MOTION CARRIED.