Regular Meeting Minutes

December 17, 2007

Page-2

APPROVED

07-012r1r.min

APPROVED

REGULAR MEETING OF THE BOARD OF MANAGERS OF THE

MIDDLE- SNAKE-TAMARAC RIVERS WATERSHED DISTRICT

HELD AT 453 NORTH MCKINLEY STREET, WARREN, MN

4:00 P.M. DECEMBER 17, 2007

The meeting was called to order by President Doug Sorenson. Managers John W Nelson, Loren Zutz, Elden Elseth, Arlyn Stroble, Doug Sorenson and Ben Kleinwachter were present. Manager Alvin Nybladh was not present. Nick Drees, Connie Kalinowski, Danny Omdahl, Ronald J Adrian, Jeff Hane, LeRoy Vonasek, Nate Dalager and Wallace Diedrich were also present.

Wallace Diedrich recorded the meeting with two recorders.

Motion by Mr. Ben Kleinwachter, seconded by Mr. John W Nelson, that Connie Kalinowski be appointed the recording secretary for purposes of keeping the minutes of the meeting. Motion carried, with Mr. Loren Zutz and Mr. Elden Elseth voting no.

Loren Zutz requested to alter the agenda and address agenda items (15) Administrators Report, (16) Managers, (17) Employees, and (18) Insurance Review, before item (7) Permits.

Mr. Doug Sorenson asked the District’s legal council if there were any items he wished to address with the full board in open session. After discussion, agenda item (6a) open session items with Legal Council was requested to be added to the agenda.

Motion by Mr. John W Nelson, seconded by Mr. Arlyn Stroble that the agenda be approved as amended with the addition of item (6a) Open Session Items with Legal Council, and to move agenda items (15) Administrators Report, (16) Managers, (17) Employees and (18) Insurance Review before item (7) Permits. Motion unanimously carried.

Mr. Elden Elseth questioned whether check #1437 is a legitimate project expense.

The financial report was reviewed to be filed for audit purposes.

Motion by Mr. Elden Elseth, seconded by Mr. Loren Zutz that checks #13614, 13619 and 1437 to Rinke Noonan be excluded for payment. A roll call of votes was taken, with Mr. Arlyn Stroble, Mr. John W Nelson, and Mr. Ben Kleinwachter voting no, and Mr. Loren Zutz and Mr. Elden Elseth voting yes. Motion failed.

Motion by John W Nelson, seconded by Mr. Arlyn Stroble that the following bills be paid: from the Administrative funds: that payroll checks numbered 4633 through 4647 inclusive for a total of $16,145.00 and checks numbered 13591 through 13623 inclusive, and the service charge for a total of $19,502.82; from the Project funds that checks numbered 1428 through 1438 inclusive for a total of $70,872.91; and from the Ditch Funds that checks numbered 2227 through 2234 inclusive for a total of $27,531.20. Motion carried, with Mr. Loren Zutz and Mr. Elden Elseth voting no.

Mr. Jeff Hane reported on the status of the Drewes, Inc litigation regarding the Angus Oslo Site #4 Project and on the Agassiz Valley Water Resource Management Project. He stated that the Jadeke Estate has been finalized and new lease agreements with Jadeke Farms need to be signed.

Motion by Mr. Elden Elseth, seconded by Mr. Ben Kleinwachter that Nick Drees be authorized to sign the lease agreements, on behalf of the District, with Jadeke Farms. Motion unanimously carried.

Philip Olson joined the meeting at approximately 4:30 p.m.

Nick Drees reported that the Pay Equity Report must be filed by January 31, 2008.

Nick Drees reported that the District staff will begin to prepare the 2007 Annual Report.

Mr. John W Nelson reported on the Red Lake Watershed District Project 60 (Grand Marais Project) meeting he attended.

Nate Dalager, HDR Engineering, updated the Board on the status of the proposed Angus/Brandt Project.

Nick Drees reported that he has not received any information on the whereabouts of the District’s employees payroll checks; that the private investigator hired by Marshall County has received the information requested from Bremer Bank; that he has been informed by Bremer Bank that the front and backs of the District’s payroll checks were copied; and that the data requested of the managers has not been received.

Mr. John W Nelson reported on the Minnesota Association of Watershed District’s Annual meeting.

Mr. Elden Elseth requested that Philip Olson be addressed next on the agenda.

Philip Olson requested permission to salvage woodwork out of the abandoned building owned by the District, in the SE4 in section 18 of Helgeland Township.

Motion by Mr. Arlyn Stroble, seconded by Mr. Elden Elseth that Mr. Jeff Hane prepare a legal document with Philip Olson for the removal of woodwork from the properties owned by the District, in the SE4, in section 18 of Helgeland Township, with the expenses paid for by Philip Olson. Motion unanimously carried.

Mr. Loren Zutz left the meeting at approximately 5:20 p.m.

A discussion was held on employee compensation. It was stated that Danny Omdahl’s wage adjustment would be increased 10% at his reaching 24 month employment, next September, and that Nick Drees suggested that his status be dealt with separately.

Motion by Mr. Arlyn Stroble, seconded by Mr. John W Nelson that the employees be offered a 3% salary increase, with the exception of Nick Drees and Danny Omdahl. Motion carried, with Mr. Elden Elseth voting no.

The 2008 salary adjustments per month are:

Connie Kalinowski $116.44, gross $ 3,997.72

Ron Sorvig 84.20, gross $ 2,890.53

Doug Mager 74.27, gross $ 2,549.83

A discussion was held on whether the Administrator, Nick Drees, should be classified as an exempt or non-exempt employee.

Mr. Doug Sorenson appointed John W Nelson and himself to meet with Nick Drees prior to the next regular meeting to discuss the classification of exempt or non-exempt employee.

The District’s insurance policies in force were distributed and reviewed.

Motion by Mr. John W Nelson, seconded by Mr. Arlyn Stroble that the following permit be tabled:

1.  Permit (07-078) of John Schmidt to remove (2) 48” RCP’s and replace with (1) 57” x 83” CSPA on the farmyard crossing on CD #38 Branch 1, in the NW4 of section 27 of Bloomer Township, pending additional information.

Motion unanimously carried.

Motion by Mr. John W Nelson, seconded by Mr. Arlyn Stroble that the following permits be issued:

2.  Permit (07-079) be issued to Canadian Pacific Railway to remove (2) 36” culverts and replace with (2) 36” culverts under the Canadian Pacific Railway, at M.P.316.83, in the NW4 NW4 of section 13 in New Solem Township.

3.  Permit (07-080) be issued to the Paul Meneghini, P.E., Enbridge Energy to install a 20” pipeline in 2008 and a 36” pipeline in 2009, adjacent to the existing pipelines, provided that there is a minimum of 36” of cover established either below the established grade or the existing grade, whichever is lower, and if mechanical protection is required at a specified depth, it will be provided by Enbridge at their expense.

Motion unanimously carried.

Correspondence from the Red River Basin Commission concerning a seminar on January 22-24, 2008, at Fargo, ND was distributed.

Nick Drees reported that the next Red River Watershed Management Board meeting is scheduled for December 18, 2007, at the Sand Hill Watershed District in Fertile, MN. The Red River Watershed Management Board News and Views, and the Activity Report of the District were distributed.

Nick Drees presented an update on legal drainage systems within the District and the 2008 expectations.

Nick Drees reported that the plans and the grant agreement extension for Phase IV of the PL-566 project have been approved.

Ronald Adrian, Houston Engineering, presented a project report on the phases of the Agassiz Valley Water Management Project.

Nick Drees reported on the status of the farmstead ring dikes. He stated that an amendment to the Flood Hazard Mitigation Grant Agreement, increasing the grant an additional $50,000.00 has been received.

Motion by Mr. Arlyn Stroble, seconded by Mr. John W Nelson that Nick Drees, on behalf of the District, be authorized to sign the Flood Hazard Mitigation Grant Agreement Amendment (B05781), for the Farmstead Ring Dike Program, with the Minnesota Department of Natural Resources. Motion unanimously carried.

The next regular meeting of the Board of Managers will be held on Monday, January 28, 2008, at 4:00 p.m., at the District office.

Jeff Hane stated that pursuant to MN Statutes 13D.05 (subd 3)b, that the meeting be closed for purposes of discussing legal theories and strategies regarding the Stengrim case; Riley Brothers (PL-566); and Drewes, Inc (AO #4).

Motion by Mr. John W Nelson, seconded by Mr. Arlyn Stroble that the meeting be closed for purposes of discussing legal theories and strategies, pursuant to MN Statutes 13D.05 (subd 3)b. Motion unanimously carried.

The meeting was closed at approximately 7:21 p.m.

Motion by Mr. John W Nelson, seconded by Mr. Ben Kleinwachter that the closed meeting be reopened. Motion carried, with Mr. Elden Elseth voting no.

The meeting was reopened at approximately 8:30 p.m.

Motion by Mr. Arlyn Stroble, seconded by Mr. John W Nelson that the meeting be adjourned. Motion unanimously carried.

The meeting was adjourned at approximately 8:31 p.m.

Connie Kalinowski Ben Kleinwachter

Recording Secretary Secretary