Thirty Lakes Watershed District
Board of Managers Meeting
Monday, March 8, 2010

Board Present:  G. Hardy, D. Otremba, and M. Young.  Present via webcam:  T. Sweningson and K. Svee.  Absent:  None.

Staff Present:  T. Lauer and M. Peisch

Also Present:  John Kolb of Rinke Noonan Law Firm, Jennifer Stockinger of the Brainerd Dispatch, Rick Johnson and Bob Albrecht of the Advisory Committee and County Commissioner Rosemary Franzen.

The meeting was called to order at 9:15 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.

Oath of Office:  Signed, notarized Oath of Office forms have been given to the Administrator by Donald Otremba and Thomas Sweningson.

K. Svee stated that according to State Statute, roll call should be done for voting individually by Yes and No.  Every motion that is made, the Administrator will poll the Board.

At this time K. Svee turned the gavel over to Secretary M. Young.

Open Forum:  Rick Johnson had some questions.  He noticed that on the minutes of February 8th, there was $3,110.50 for Other Professional Services, Legal Issues.  He said that it was a lot of money.  He went on to say that he had heard the Board debate less than $500 expenditures.  The Board needs to know who authorized this, who directed the Attorneys for form what opinions.  Was that shared prior to a Board Meeting here?  Will this happen again?  Is this the way we are going to operate?  People in his area are not happy with paying out $3,000 of legal expenses at one time.  He urged the Board that before they sign the checks, they should be involved in approving the expenditures.

M. Young stated that he agreed with R. Johnson.  He said that Board gets these things the same time R. Johnson does, and 90% of it is cut and dried, we’ve never seen it across the Board or nothing.  He further stated that he thought a Resolution had been made some time ago that before the Board approved anything other than a $200 retainer, it had to come before the Board, to have the lawyer come up if we thought we needed him or whatever.

G. Hardy asked T. Lauer if she had looked back in the minutes to see if there was a spot where they did make that motion.   He recalled that the Board had talked about it, but he didn’t know if it actually got made into a motion and seconded.  Neither he nor M. Young knew anything about all the contacts that the Attorneys were doing all this research on a building site or anything.  It was never brought before them so it must be something that K. Svee decided alone?  Or M. Peisch?  We don’t know.

MOTION BY HARDY/YOUNG THAT THE ENTIRE BOARD BE CONTACTED BEFORE ATTORNEY SERVICES ARE HIRED FOR ANYTHING IN THE FUTURE.  M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.
R. Franzen asked that now M. Young was the Chair for this meeting, when an item comes up that’s on the agenda, would she be allowed to speak.  M. Young said yes.

She recalled the Staff Report presented at the December 14, 2009 meeting about the West Bay of North Long Lake which said that 9 of the 91 onsite septic systems, or 9%, had recent certificates of compliance on file with Crow Wing County.  After checking into it, she found that there were 10 nonconforming.  She stated that she was up there this morning, and now there are four nonconforming septics.  But that is not only on the West Bay, it is on the entire North Long Lake.  She said that he had the data that had been printed up when she was at the County.  She also stated that there were no nonconforming systems on Round Lake.

G. Hardy asked if the four nonconforming systems were scheduled to be done this year?  R. Franzen stated that she did not know, but the person she talked to could remember right off the top of his head what three of them were: one is a cesspool, one has a cracked tank and one doesn’t have a three foot separation.  He couldn’t think of what the other one was.  She assumed that something will be done, although she was not 100% sure.  She said that she did not know where those other results came from.

G. Hardy asked if R. Franzen, R. Johnson and B. Albrecht would like it if the Consent Agenda was moved farther down so that it would come up later if there are things in there that they want to refer to.  R. Franzen said no, because M. Young said that since he’s the one running the meeting today, that we will be allowed to speak.

M. Peisch stated that she had been in to Planning & Zoning, spoke to Chris Pence, and asked him about the sewer information for the west bay of North Long Lake.  He had one of his staff print out all available compliance certificates all around the bay.  $80 was paid for the printed copies.  She did not know how else to get information, if not through Chris Pence.

M. Young stated that we weren’t here to put no blame on anybody as far as numbers and stuff.  Now we should be up to speed now that we know we’ve got four that’s non-complying.

John Kolb commented that it sounds like they are talking about two different things.  The Administrator reported on how many actual certificates of compliance were there, and the Commissioner reported on what identified non-compliant systems were there.  Those are two different things.  It would depend on what the Board’s guidance is in terms of the information they want to receive.

Consent Agenda: 
R. Franzen brought up the following from the February 8, 2009 minutes, page 2:
K. Svee stated that he had never been asked by the County to come to the Courthouse. 

She stated that the invitation has been extended to more than one person whether a Manager or the Administrator.  She had asked again this morning if there was still room, and there is.

She then brought the attention to the following on Page 4 of the same minutes:
There was discussion about the Chairman making motions.  K. Svee produced a dissertation on Robert’s Rules of Order which states that the Chairman can make motions participate in discussion, and the only time the Chairman doesn’t participate and/or make motions is when there is a large Board of twelve or more people because then it is more of a project for the Chairman to hold order.  R. Franzen added that at the County Board level, motions are not made unless the gavel is passed.

R. Franzen stated that this is from ParlioPro.  She had found things on Yahoo, SSUO, and they all say that the Chair can’t make a motion.  But from the actual Robert’s Rules of Orders, page 382, Tenth Edition, “Although the presiding Officer, if a member of a society as an individual has the same rights as any other member, it is indeed true that the impartiality required of the Chair in an assembly precludes his exercising these rights while he is presiding.  RONR, Tenth Edition, page 382.  This means the Chair may not make or second motions. 

B. Albrecht stated that he thought it was appropriate for the Chair to pass the gavel if they wish to make a motion.

G. Hardy asked if this was an appropriate time to speak to R. Franzen’s comment about the office at the Courthouse.  He stated that he had stopped there also and went to the Soil & Water Conservation office and they are only using a portion of it, and there is a really nice office in the far corner and the whole other end of that is open.  He said that if we did want to locate the part that T. Lauer and M. Peisch do into that thing, even if we offered $400 a month or something, he was sure that we would be able to have that office.  Then the Official Place of Business could be at the Lake Edward Town Hall, for $30 for one meeting a month.  He then asked T. Lauer if she was able to set up the computer system anywhere.  She stated that it was possible, but the equipment should not be moved very often since it is very easily damaged, especially the projector.

T. Sweningson asked if the facilities at the Courthouse came with phone and utilities.  G. Hardy stated that we would pay our own phone bill, but the utilities would be included.  He further stated that it was not in the Courthouse, but rather the Land Services Building behind the old Courthouse, and there is a door right out to the parking lot on the east side, and it is at ground level.

D. Otremba summarized that the heat, electricity and all that stuff would be covered, so the only thing that Thirty Lakes would be responsible for would be their telephone system.  G. Hardy said it would be telephone and internet.  D. Otremba asked if the phone could be hooked up to the Courthouse phone system.  G. Hardy directed that question to R. Franzen who replied that at one time when it was discussed, M. Peisch stated that she wanted her own phone system.  M. Young affirmed that we’d keep our own phone numbers, supposedly.

T. Lauer projected the accounts payable list on the screen.  G. Hardy then asked if the accounts payable was emailed or mailed to the Advisory Committee members?  He then asked if they would like to have it and R. Franzen stated that she would.  G. Hardy said that the Advisory Committee needs to know what the Board of Managers is doing.  R. Franzen said that the more they know, the better off they are to be able to give advice.

R. Franzen asked what the $816.00 for Other Professional Services was.  G. Hardy asked if we got a broken down bill from the Attorneys, and M. Peisch said that we did.  It was shown that the description was “preparation for Board meeting”.  G. Hardy looked at the item “Manager personal liability for Bad Faith”, he suggested that this was for K. Svee running out there and signing that thing.  He then asked J. Kolb if the 2/7 “No charge, research Manager for Personal Liability for Bad Faith” was for the early signing that before we had our public hearing.  John Kolb stated that the work was performed by Adam Ripple of his office, and the research he did was to be able to provide an opinion to the District of the District’s liability related to the lease was entered into for an alternative meeting location.  G. Hardy wanted to see what the charge was for each thing, rather than just the total.  He further stated that when asked by his constituents, he must be able to give them able.  John Kolb stated that it would benefit the District if the billing statement was more detailed that actually showed the portion of time spent on each item.

MOTION BY OTREMBA/SWENINGSON TO APPROVE THE CONSENT AGENDA INCLUDING THE AGENDA, THE MINUTES OF THE FEBRUARY 8, 2010 MEETING, THE TREASURER’S REPORT AND THE FOLLOWING LIST OF ACOUNTS PAYABLE.  M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

Accounts Payable                    

Office Relocation: Don Otremba stated that the county courthouse space would be the more sensible thing to do, we have to remember about the taxpayers money, everyone is cutting spending back. Maybe rent the Lake Edward town hall or Merrifield Marathon bldg for meetings. We would save 700 to 800 dollars. We may be getting back to some high water times. We would be looking at $7200/year of savings. We need to look all over on how we are spending money.
Rosemary Franzen stated that she has been here at the office and no one was here.
Tom S. stated that we already have a lease signed, is this the appropriate time to discuss this.  Where was the authority to sign this lease. In the minutes from last fall, I don’t see the authorization to sign the lease.
John Kolb stated that the process for changing the principal place of business, first to adopt resolution, expressing the need to change location. Opinion of BWSR stated that the location of the meetings has to occur within the district, but the staff could be located outside the district. The district adopted resolution and expressed need to move.  Step 2 is a notice to the public and to county board to change location, and to have a public hearing. That did not occur. In between the first resolution and when they would have had the public hearing, the lease was executed by the board chair. On 12-9-09. Open legal question, could have been sufficient authorization for the chairman to enter in the lease. Not in the board’s interest today how to answer that question. It will be ultimately resolved by the board on where they want the principal location and whether it wants to break the lease that is currently been signed.  Do you take advantage of county facilities and meetings in the district, and then there would be the issue of breaking the lease. Then there is the legal fight about, was the lease properly entered, was there proper authority given, is there liability to the district for breaking that lease. What you really need is another attorney to give opinion on what the extent of your exposure to liability for breaking that lease. The lease is due to go into effect on April 1st.
Gorden Hardy stated that we could sublease that location. #4 on staff report stated the such an action would be deliberate and coincidental and coverage would be denied. $7625 for insurance, why do we have this insurance when it doesn’t cover us when we need it.
Kolb stated that ICS Mr. Hoffman stated that if a manager knowingly and deliberately, and if there was no authority to enter the lease, and if the managers knowingly break the lease, then you would have exposure, and that is the decision of the insurance company.
Otremba recommended to get a real estate attorney.
Albrecht stated that we should look into what the costs would be on what we would spend to keep the lease, and what it would cost to break the lease. Whatever we spend to get out of it, is added on to what would be spent to the county. We should find out the numbers before you make a decision.

MOTION TO CONTACT LOCAL REAL ESTATE ATTORNEY, TO DISCUSS LEASE ISSUE AND GET OPINION. GH, SECONDED BY TS. M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

Kolb, recommended to call a special meeting and publish, so as not to violate open meeting law.

Otremba, if we have meeting at Lake Edward town Hall. If we need a special meeting, are we going to have space available without a problem.
Hardy, we also have option of Marathon bldg.

2010 Advisory Committee Appointments Marty stated that Scott Lucas and Vic Peterson work, and are not available to come to meetings often, but they would try to be available for Advisory committee meetings.

MOTION TO TABLE THE ADVISORY COMMITTEE APPOINTMENT FOR ONE MONTH. GH / KS. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

Rules Revision Reconsideration Hardy asked if the new managers have had a chance to review the rules revision. The new managers have not reviewed the revised rules.
Some of the main issues are: the 100 year rain event, plats, engineering costs, permits requirements.

MOTION TO TABLE THE RULES REVISION RECONSIDERATION TO NEXT MEETING. DO, SECONDED BY GH. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

County State Aid Highway #4:  The TLWD is requiring the 100 year rain event in this project. This is a 5.5 inch rain event in a 24 hour period.  We have two large books stating what they are doing. We have had two 100 year rain events within 7 days, last summer.

MOTION TO APPROVE THE PERMIT FOR COUNTY STATE AID HIGHWAY #4. GH. SECONDED BY DO. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

Pelican Lake Stormwater Project: Marty stated that the Engineer’s report is not ready. Hopefully we can have a workshop the week of the 22nd.

Albrecht stated that at the special meeting, the subject advertised is the only subject that can be discussed at that meeting.
Rick Johnson stated that the Pelican Lake Project is dragging on and on. Recommended to get going on this project and get it done.
MP The engineer, I believe, is working on a 10 year rain event for this project, since this is a retrofit and not new construction. Kolb, The process is laid out in your packet. The board adopted the project and gave specific instructions to the engineer to begin to develop the holding pond option. Grant is for the  majority of the design work, some of the construction work. When the engineers reports is completed and the board approves it, and then sent to BWSR, DNR. They give advisory reports back, then a hearing on it, then you can go out for bids and start construction. It is best to start this project in the fall, because of less rain events and less traffic from the resorts. 
Franzen, why hasn’t someone just taken the liner of the pond out.
Kolb, even if the liner was taken out, you are still not providing a level of treatment for stormwater that is beneficial for the lake. The city has also agreed on this project.

Crow Wing County Extension Educator Position: Otremba, isn’t this the county’s responsibility. Some jobs may be cut or lost. Franzen, the county has a 3.5 million dollar deficit that we need to take care of by next year. We have not discussed any cut of this position. 
Hardy, what does this person does, other than plant gardens.
Peisch, There are 4 pages of this position. The figures were given by Barb Luikkenen, coordinator at the U of MN, Extension.

MOTION TO REJECT ASSISTANCE OF THE CROW WING COUNTY EXTENSION EDUCATOR POSITION. GH, SECONDED BY DO. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

Buffalo Grass Seed Packets:  MP, this is a native plant with a 7 foot root. Very good in erosion control and stabilizing soil, such as on steep hillsides and shoreline. This will work with a mixture of different grasses or alone. It is mowable. This will help with our shoreline restoration projects and help get them going. GH, maybe get a ten pound package and try it.
RJ, recommend to authorize to purchase these grasses.

MOTION TO PURCHASE 10 (TEN) POUNDS OF BUFFALO GRASS. GH, SECONDED BY DO. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

Number of meetings per month: GH, do we have enough business to have two meetings per month. MP, not at this time.

MOTION TO HAVE ONE MEETING PER MONTH, UNTIL WE MAKE A MOTION TO CHANGE TO OTHERWISE. KS. SECONDED BY GH. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

Master Naturalist Training: Study of ecosystems, volunteer program. Program goes April 22 – May 27th, 2010. $200. The program is through U of MN extension.
RJ, how does this benefit TLWD?  MP knowledge, learning, networking, environment. KS, any education that the staff can get, is beneficial to TLWD as a whole.

MOTION TO APPROVE $200.00 FOR MASTER NATURALIST TRAINING FOR MARTY PEISCH. KS. LACK OF SECOND, MOTION FAILED.

RJ, minutes should be drafted shortly after the meeting. So that it is fresh in our minds.

MOTION FOR THE MEETING PACKET AND THE ACCOUNTS PAYABLE INFORMATION GO TO THE MANAGERS AND THE ADVISORY COMMITTEE. GH, SECONDED BY DO, GH AYE, DO AYE, MY AYE, TS AYE, KS AYE.

MOTION TO APPOINT THE ADVISORY COMMITTEE MEMBERS THAT ARE HERE TODAY; ROSEMARY FRANZEN, RICK JOHNSON, AND BOB ALBRECHT. ROLL CALL VOTE, MY AYE, GH AYE, TS AYE, KS AYE, DO AYE. MOTION CARRIED.

MOTION TO HAVE A DRAFT OF THE MINUTES WITHIN 3 BUSINESS DAYS AFTER THE BOARD MEETING.

TS, is it possible to have the meeting packet sooner than the Friday before a meeting.

MY, recommended to have the agenda one week prior to the meeting.

Bass Lake 18-402 GWI:  A possible 13-15 places that should be tested for several different items.  It will be $2417.00 to do the water testing. Testing must be done this month, before ice out.

MOTION TO APPROVE BASS LAKE WATER TESTING BY AW RESEARCH. GH, SECONDED BY DO. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.

TS, Whomever goes to seminars or workshops, do they make a report, and then we can all learn from it.
MY, yes we will have copies and/or reports, we have a form to fill out.

MOTION TO ADJOURN MEETING, GH, SECONDED BY DO. ROLL CALL VOTE: M. YOUNG – YES, G. HARDY – YES, D. OTREMBA – YES, T. SWENINGSON – YES, K. SVEE – YES.  ALL AYE, MOTION CARRIED.