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Heron Lake Watershed District (HLWD)
Regular Meeting
December 20, 2016
 
1. Call to Order
Jim Buschena called the meeting to order at 7:00 p.m.
Managers present: Jim Buschena, Bruce Leinen, Wayne Rasche, and Gary Ewert
Manager absent: Harvey Kruger
Staff: Catherine Wegehaupt and Jan Voit
Others: Marv Zylstra and Wayne Smith, Nobles County; Kevin Stevens, Cottonwood County; Mona Henkels, Murray Soil and Water Conservation District (SWCD); Jerry Christopherson, Julie Lopez, Allen Jensen, and Bob Dieter
2. Agenda
Bruce Leinen made a motion to approve the agenda. Wayne Rasche seconded this. Motion carried unanimously.
3. Closed Meeting Summary
Jim Buschena read the summary of the performance reviews for the Watershed Technician and District Administrator.
4. HLWD Advisory Committee Update
Marv Zylstra gave an update on the HLWD Advisory Committee meeting. Two members attended for the first time. Six members have been or will be replaced because of staff turnover, election results, and for health reasons. Bob Dieter resigned after serving over 40 years on the committee. Jan Voit gave an update on HLWD activities. Discussion was held regarding nonconventional tillage and buffer enforcement.
5. Minutes
Wayne Rasche made a motion to approve the minutes of the November 15, 2016 regular meeting. Gary Ewert seconded this. Motion carried unanimously.
6. Treasurer’s Report and Payment Authorization
Jan Voit presented the treasurer’s report and bills payable. Gary Ewert made a motion to approve the treasurer’s report and authorize bill payment. Bruce Leinen seconded this. Motion carried unanimously.
7. Discussion Items
Buffer Enforcement
Jim Buschena asked Jan Voit to contact the counties regarding buffer enforcement. Cottonwood County will be doing enforcement. She met with Andy Geiger, Jackson County and Chris Bauer, Jackson SWCD. They intend to make a recommendation to the county board to accept buffer enforcement. Nobles and Murray Counties have not made a decision, but will be discussing options in January.
Discussion was held regarding the need for consistency in the counties, making a decision before the March 31 deadline, and the possibility of meeting with the Nobles and Murray Counties. 
 
Minnesota Association of Watershed Districts (MAWD) Annual Meeting
Following the MAWD Annual Meeting, managers made several observations. Those observations were put into a document. Discussion was held regarding the event and while it was worth attending, the managers believe that it could have been better organized, more information about decision-making could have been provided, and giving an explanation of how leadership is chosen would have been beneficial.
Jan Voit will provide the Executive Committee of the Association of District Administrators (ADA) with a copy of the observations. She will seek their input on the best approach to disseminate the information to the MAWD membership.
8. Reports
District Administrator
Jan Voit reported on the Major Watershed Project, office desks, Section 319 Funding Session, ADA meeting, Understanding the Art of Facilitation session, MAWD Annual Meeting, HLWD Advisory Committee, buffer enforcement, financial information, Third Crop Phosphorus Reduction Effort, reports, Jackson County Judicial Ditch 30 reimbursement requests, Project 6, line of credit, website, 2016 audit, certificates of deposit, and Jackson County Ditch (CD) 3.
Wayne Rasche made a motion to authorize Jan Voit to sign the understanding of services with Drealan Kvilhaug Hoefker & Co. for the 2016 audit. Bruce Leinen seconded this. Motion carried unanimously.
Mike Schmitz, Security State Bank (SSB) recently inquired about the possibility of the HLWD moving certificates of deposit (CDs) from various banks to SSB as they mature. The CDs are currently pledged as collateral for the HLWD line of credit and SSB is competitive from a rate perspective. Discussion was held regarding having the CDs in one central location, that it is a protective request for SSB, and concern about having all funds in one location. Wayne Rasche made a motion to authorize Jan Voit to move the CDs at Bank of the West and United Prairie Bank to SSB at maturity. Jim Buschena seconded this. Motion carried unanimously.
Jan Voit explained that Ron Ringquist submitted the Viewers’ Report for Jackson CD 3 on December 19, 2016. He made a request to hold the final hearing in January of 2017 because he will not be available during the month of February. In order to meet statutory guidelines, the final hearing must be held no less than 25 and not more than 50 days after publication. The notice will be published in the Tri County News on December 28, 2016. The engineer, petitioners’ and HLWD legal counsel, viewers’, and the Jackson County Auditor-Treasurer were contacted regarding potential dates. The date and time chosen were Wednesday, January 25, 2017 at 5:30 p.m.
Gary Ewert made a motion to approve the Order and Notice of Final Hearing on Petition for Improvement of CD 3 as follows.
WHEREAS, a petition for the improvement of Jackson CD No. 3 has been filed with and is pending before the Board of Managers of the HLWD acting as the drainage authority under Minnesota law; and, 
WHEREAS, the drainage authority, at a preliminary hearing upon said Petition for Improvement pursuant to Minn.Stat. § 103E.261, determined that further proceedings on the Petition for Improvement of CD 3, Jackson County, Minnesota, were necessary and proper, and appointed a project engineer and ordered the preparation of a detailed survey report; and also, appointed viewers and ordered preparation of a viewers’ report; and, 
WHEREAS, the detailed survey report has been filed with the drainage authority; and,
WHEREAS, the viewers’ report has been filed with the drainage authority; and,
WHEREAS, the drainage authority has determined that the petition, the detailed survey report, and the viewers’ report shows that CD No. 3, Jackson County, lies within and serves to drain portions of Sections 11, 12, 13, 14, 23, 24, 25, 26, 27, 33, 34, 35,  and 36 in Alba Township; Sections 1, 2, 3, 4, 9, 10, 11, 12, and 13 in Ewington Township;  Sections 6 and 7 in Rost Township; and Sections 18, 19, 30, and 31 in West Heron Lake Township; all in Jackson County. The improvement of CD No. 3, Jackson County, to provide at least a 0.50 inch per day drainage coefficient and add depth to the system, will consist of cleaning/improving three open ditches, constructing 15 new tile branches and 24 new tile sub-branches. The 15 branches and 24 sub-branches will consist of approximately 3,300 feet of 42-inch tile; 8,500 feet of 36-inch tile; 17,900 feet of 30-inch tile; 21,100 feet of 24-inch tile; 12,700 feet of 18-inch tile; 11,300 feet of 15-inch tile; 24,300 feet of 12-inch tile; 10,600 feet of 10-inch tile; and 4,500 feet of 8-inch tile; and,  
WHEREAS, the drainage authority has determined that the petition, the detailed survey report and the viewers’ report shows that the property benefited and damaged by the proposed drainage project is located within Sections 1, 12, 13, 14, 23, 24, 25, 26, 27, 33, 34, 35,  and 36 in Alba Township; Sections 1, 2, 3, 4, 9, 10, 11, 12, and 13 in Ewington Township;  Sections 6 and 7 in Rost Township; and Sections 18, 19, 30, and 31 in West Heron Lake Township, Jackson County (the specific properties benefited and damaged are contained in the Viewers’ Report); and that the owners of property benefited and damaged by the proposed drainage project are: Hedquist Farms, Inc., Karyl L. Henze Trust, Dale and Susan Aden, Alba Grain Inc., C. Douglas and Gary Madsen, Benjamin Kruger Rev. Liv. Trust, Russell and Joyce Stahlke Trust, Lance and Rachel Daberkow, Ruth Henze, Clarence Theis, Joseph Theis, Evelyn Hussong, Steven and Barbara Hussong, Clyde and Beverly Hussong, David and Mary Mogenson, Marion Diekrager, Robert Lange, Rodger and Ardis Hotzler, Warren and Elaine Hotzler, Steven Schultz Rev. Trust, Forrest and Fern Krogh, Donald and Rhonda Stenzel, Bruce and Jolene Rients, Gregg Hussong, Barbara Barnes Living Trust, Vernon Kay, Arnold Hussong Rev. Trust etal, Josephine Hotzler Revoc. Trust, Ray and Mavis Baumgard, Ruth Riley, Curtis and Shirley Pietz, Dan Cranston, Perry Cranston, F. Anthony Haberman, James Baumgard, Bradley and Jacqueline Baumgard, Federal National Mtg. Association, Robert and Catherine Damm, Howard and Beverly Damm, Henry Bauman, James and Kathleen Baumgard, Clyde Starner, Justin and Sarah Freking, Shep’s LLC, Shauna Burns, Imhoff Family Trust, Donald and Ruth Rynda Trust, Mary Ann McNab, Douglas Damm, Mary Ann Rumbaugh, Sheldon and Debra Andrews, Jason Burns, Craig Echternach, Henry Bauman, Dwayne and Judy Milbrath, Gene Holmquist, Martin Torres Sanchez, Burton and Patricia Bonnell, John and Helen Post, Nila Ann Pederson, David and Janna Frodermann, Gilbert Post, Minerva Smith, Paul Henning, Marjorie Lee Olmem, Kenneth and Kathleen Schadt, James and Kathleen Baumgard, John and Lesle Post, Clemens and Victoria Ulbricht, Curtis and Janeen Baumgard, Eric Obermoller Trust, Ray and Mavis Baumgard, Joanne Post Trust, Keith Tordsen, Angeline Kruger Rev. Liv. Trust, Sherri Mock, Kevin and Dana Kay Schmid, Gerald and Charlene McConkey, Loarn McConkey Jr., Jeremiah Rau, Michael Haberman Trust, Doreen Haberman, Larry and Wayne Henning, Ryan Hill, Steven and Pamela Christoffer, Gregory and Jaclyn Post, Richard and Laurie Cross, Steven and Shari Droll, Blue Hawk Farms Inc., Verlin and Janice Christians Trust, Steven Schubert, Dennis Droll Trust, Charlotte Christians Trust, David and Arlys Post, James and Vickie Milbrath, Jerome and Jeanne Milbrath, Burdell Schmidt, Michael and Mary Jo Schmidt, David and Ines Henning, Mary Anne Pomerenke, Robert Madsen, Ronald Pomerenke, Raymond and Arlene Kruse, Greg and Kristine Kruse, James Riley, Paul Pietz, David and Brenda Pomerenke, Bonnie Pomerenke, Florence Baarson, Edwin and Sue Burr, Eldon Pomerenke, and,
WHEREAS, the drainage authority has determined that neither the detailed survey report nor the viewers’ report shows that the proposed drainage project affects any municipalities nor other corporations other than as listed in the Viewers’ Report (Jackson Highway Department, Alba Township, Ewington Township, West Heron Lake Township, and Rost Township); and, 
WHEREAS, the Final Engineering Report has been submitted to the Commissioner of the Department Natural Resources.  
NOW, THEREFORE, IT IS ORDERED AND NOTICE IS HEREBY GIVEN:  That a hearing will be held before the drainage authority on the 25th day of January, 2017 at 5:30 p.m. in the evening at the Heron Lake Community Center for the purpose of further considering the petition and bond, examination of the Engineer’s Detailed Survey Report, examination of the Viewers’ Report, examination of Commissioner’s Final Advisory Report. All interested persons may attend and be heard thereon.
The petition and bond, report of the commissioner of natural resources, engineer’s detailed survey report and the viewers’ report, may be examined prior to the hearing by any interested person on request at the office of the drainage authority located at the Heron Lake Watershed District office, Heron Lake Community Center, Heron Lake, Minnesota, between 8:00 a.m. and 4:00 p.m. Monday through Thursday.
Bruce Leinen seconded this. Motion carried unanimously.
Watershed Technician
Catherine Wegehaupt provided information on the Kolander project, the three cover crop grants, results for Haney Soil Tests, Seward 29 rock placement, Minnesota Conservation Corps grant application, and training sessions attended.
Discussion was held regarding Natural Resources Conservation Service criteria for cost-share, Southwest Prairie Technical Service Area requirements for payment of engineering services; and the need to factor engineering costs into future project estimates.
Bruce Leinen made a motion to authorize an additional $95.09 cost-share for the Kolander project. Jim Buschena seconded this. Motion carried unanimously.
Discussion was held regarding rock placement on the Seward 29 property. The final cost was slightly higher than the estimate. Gary Ewert made a motion to pay Kenny Williams 1,517.84 for rock placement on the Seward 29 property. Wayne Rasche seconded this. Motion carried unanimously.
Questions were asked about the Haney Test Results and what effects the changes from one year to the next. Discussion was held regarding the difference in crops from one year to the next, fertilizer application, reference point placement, soil sampling methods, and cost analysis. Long-term effects in these fields would be good information for the HLWD. Staff was instructed to seek funding to continue the program for another five or more years. 
9. Adjournment
The meeting adjourned at 7:43 p.m.
 
 
Wayne Rasche
Acting Secretary