Shell Rock River Watershed District

Regular Meeting Minutes

July 15, 2010

Managers present: Gary Pestorious, Arthur Ludtke, Bruce Haugsdal, Al Bakken, and Roger Peterson

Managers absent: Brett Richards and Clayton Petersen

Chair Manager Pestorious called the regular meeting to order July 15, 2010 at 8:30 a.m. at Albert Lea City Council Chambers, 221 East Clark Street, Albert Lea, Minnesota.

The Board was presented with the June 8, 2010 Regular Meeting Minutes.

Manager Ludtke offered the following motion:

Move to approve the June 8, 2010 Regular Meeting Minutes.

Manager Haugsdal seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Haugsdal offered the following motion:

Move to approve June 2010 Administration Treasurer’s Report subject to audit.

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manger Bakken offered the following motion:

Move to approve June 2010 Non-Property Tax Treasurer’s Report subject to audit.

Manger Haugsdal seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Bakken offered the following motion:

            Move to approve the amended agenda presented.

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Pestorious turned the meeting over to Mr. Dave Mullenbach to preside over the Board’s election of officers.

Mr. Mullenbach asked for nominations for Chairman; Manager Ludtke nominated Manager Pestorious for Chairman of the Shell Rock River Watershed District Board.

Mr. Mullenbach called for nominations for Chairman three times and closed nominations.

The vote for Chairman was taken by open poll and all voted yes.

Mr. Mullenbach declared Manager Gary Pestorious Chairman of the Shell Rock River Watershed Board.

Mr. Mullenbach asked for nominations for Vice-Chairman; Manager Bakken nominated Manager Haugsdal for Vice-Chairman of the Shell Rock River Watershed District Board.

Mr. Mullenbach called for nominations for Vice- Chairman three times and closed nominations.

The vote for Vice-Chairman was taken by open poll and all voted yes.

Mr. Mullenbach declared Manager Haugsdal Vice-Chairman of the Shell Rock River Watershed District Board.

Mr. Mullenbach asked for nominations for Treasurer; Manager Haugsdal nominated Manager Clayton Petersen for Treasurer.

Mr. Mullenbach called for nominations for Treasurer three times and closed nominations.

The vote for Treasure was taken by open poll and all voted yes.

Mr. Mullenbach declared Manager Clayton Petersen as Treasurer of the Shell Rock River Watershed District Board.

Mr. Mullenbach asked for nominations for Secretary; Manager Bakken nominated Manager Ludtke for Secretary.

Mr. Mullenbach called for nominations for Secretary three times and closed nominations.

The vote for Secretary was taken by open poll and all voted yes.

Mr. Mullenbach declared Manager Ludtke as Secretary of the Shell Rock River Watershed District Board.

Mr. Mullenbach declared the elections complete and turned over the meeting to the Board of Managers Chair Manager Pestorious.

Committee list will be the same as last year.

The Board was presented with Grant application to Lessard-Sams Outdoor Heritage Council for Land Acquisition for Conservation Restoration Project.

Manager Haugsdal offered the following resolution:

            Move to approve Resolution 2010-04 as follows:

Shell Rock River Watershed District

 Resolution 2010-04

July 15, 2010

BE IT RESOLVED that the Shell Rock River Watershed District, hereinafter referred to as “Authorized Official” (Authorized Agent) acts as legal sponsor for the Land Acquisition for Conservation Restoration Project contained in the

Lessard-Sams Outdoor Heritage Council (LSOHC) Application to be submitted on July 15, 2010, and that Authorized Official is hereby authorized to apply to the LSOHC, hereinafter referred to a “State,” for funding of this project on behalf of the applicant.

BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project.

BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project.

BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that upon approval of the application by the State, the Authorized Official may enter into an Agreement with the State for the above-referenced project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement.

NOW, THEREFORE BE IT RESOLVED that Andy Henschel, Watershed Conservationist for the Shell Rock River Watershed District, is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant.

Manager Ludtke seconded the resolution.

After discussion, a roll call vote was taken:

Manager Roger Peterson          Yes

Manager Haugsdal                   Yes

Manager Ludtke                       Yes

Manager Bakken                      Yes

Manager Pestorious                  Yes

The resolution was approved.

Manager Ludtke offered the following resolution:

            Move to approve Resolution 2010-07as follows:

Resolution 2010-07

Shell Rock River Land Option Agreement

WHEREAS, The Shell Rock River Watershed District Board of Managers (“Board of Managers”) pursues the mission of improving water quality within its boundaries;

WHEREAS, The Shell Rock River Watershed District (the “District”) is charged with implementing the Shell Rock River Watershed District Watershed Management Plan (the “Plan”);

WHEREAS, the District has negotiated the agreements necessary with the local landowners to proceed with an Option Agreement, which has the ability to promote the public interest and welfare, is practicable, and is in conformity with the Watershed Management Plan.

NOW THEREFORE, approved this 15th day of July, 2010, be it hereby Resolved that the Shell Rock River Watershed District hereby:

Section 1:         Accepts the Option Agreement with Pensco Trust Co., Osterbroen Properties, LP, by Gregory D. Jensen, its General Partner, Osterbroen Family, LP, by Gregory D. Jensen, its General Partner, and Gregory D. Jensen as presented by SRRWD Staff and authorizes the Chairman of the Board and Secretary to execute the Option Agreement;

Section 2:         Authorizes the Staff, Chairman of the Board and Secretary to execute all documents and expend all funds necessary to complete the terms of the purchase as set forth in the Option Agreement.

Manager Haugsdal seconded the resolution.

After discussion, a roll call vote was taken:

Manager Bakken                      Yes

Manager Ludtke                       Yes

Manager Haugsdal                   Yes

Manger Roger Peterson                        Yes

Manager Pestorious                  Yes

The resolution was approved.

Manager Haugsdal offered the following motion:

            Move to approve option payment of $1,000 on the Shell Rock River Headwaters Land.

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Administrator Behnke ask the Board to consider hiring Conservation Strategies Inc, Judy Erickson to help promote the land acquisition grant to the legislature and the committee for the Lessard-Sams Outdoor Heritage Council.

Manager Ludtke offered the following motion:

            Move to approve agreement with Conservation Strategies Inc., Judy Erickson as a consultant, with fee not to exceed $7,500.

Manager Roger Peterson seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Haugsdal offered the following Resolution:

            Move to approve Resolution 2010-05 as follows:

Shell Rock River Watershed District

 Resolution 2010-05

July 15, 2010

BE IT RESOLVED that the Shell Rock River Watershed District, hereinafter referred to as “Authorized Official” (Authorized Agent) acts as legal sponsor for the Goose Lake and Upper and Lower Twin Lakes Fish Barrier Project contained in the

Lessard-Sams Outdoor Heritage Council (LSOHC) Application to be submitted on July 15, 2010, and that Authorized Official is hereby authorized to apply to the LSOHC, hereinafter referred to a “State,” for funding of this project on behalf of the applicant.

BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project.

BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project.

BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that upon approval of the application by the State, the Authorized Official may enter into an Agreement with the State for the above-referenced project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement.

NOW, THEREFORE BE IT RESOLVED that Andy Henschel, Watershed Conservationist for the Shell Rock River Watershed District, is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant.

Manager Roger Peterson seconded the motion.

After discussion, a roll call vote was taken:

Manager Roger Peterson          Yes

Manager Haugsdal                   Yes

Manager Ludtke                       Yes

Manager Bakken                      Yes

Manager Pestorious                  Yes

The resolution was approved.

Manager Roger Peterson offered the following resolution:

            Move to approve Resolution 2010-06 as follows:

Shell Rock River Watershed District

 Resolution 2010-06

July 15, 2010

BE IT RESOLVED that the Shell Rock River Watershed District, hereinafter referred to as “Authorized Official” (Authorized Agent) acts as legal sponsor for the Precision Conservation Project contained in the

Board of Water and Soil Resources (BWSR) Clean Water Fund Competitive Grant Application to be submitted on August 10, 2010, and that Authorized Official is hereby authorized to apply to the BWSR, hereinafter referred to a “State,” for funding of this project on behalf of the applicant.

BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project.

BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project.

BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that upon approval of the application by the State, the Authorized Official may enter into an Agreement with the State for the above-referenced project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement.

NOW, THEREFORE BE IT RESOLVED that Andy Henschel, Watershed Conservationist for the Shell Rock River Watershed District, is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant.

Manager Ludtke seconded the motion.

After discussion, a roll call vote was taken:

Manager Bakken                      Yes

Manager Ludtke                       Yes

Manager Haugsdal                   Yes

Manager Roger Peterson          Yes

Manager Pestorious                  Yes

At the last month meeting the Board was presented with the Personnel Handbook for approval and the issue was tabled so several Managers could review closer.

Manager Haugsdal offered the following motion:

            Move to approve Personnel Handbook as presented.

Manager Roger Peterson seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Administrator Behnke gave a report on the following:

Freeborn County Lease Agreement for office space and technical assistance was presented.

Manager Ludtke offered the following motion:

            Motion to approve a Lease Agreement with Freeborn County as presented.

Manager Haugsdal seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Budget and project planning session for staff will be held on July 21, 2010. We will have a Managers workshop in the near future.

Andy Henschel, Director of Field Operation reported on the following:

White Lake Reclamation project: the District is planning to do this project in late September. The tentative date is September 28, 2010. We are requesting that the Board approve $75,000 toward the project.

Manager Haugsdal offered the motion:

Motion to approve $75,000 for the White Lake Reclamation Project.

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Pet Waste Station Proposal was reviewed and a request was made to approve funding of no more than $4,200 to complete the project.

Manager Roger Peterson made the motion:

Move to approve request for up to $4,200 to complete the Pet Waste Station Project.

Manager Haugsdal seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Haugsdal commented; the improvements on the lakes can be seen with growth of abundant vegetation. Something to look at for the future is to find way to make a pathway for boat passage. The Pelican Breeze is having a hard time passing thru the lake due to the vegetation. Administrator Behnke stated that the District will be looking into a harvesting machine and possible chemical treatments, and will add these items to our future budgeting needs. More research is necessary and when information is gathered it will be presented to the Board.

Manager Bakken had comments from residents that they would like to see the future Management Plan for Pickerel Lake.

Administrator Behnke relayed comment from Manager Clayton Petersen, who would like to see a workshop be set-up in the future for review of the core sampling done on Fountain Lake.

Manager Bakken offered the following motion:

            Move to approve July 2010 Administrative Claims as follows:

Manager Haugsdal seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Haugsdal offered the following motion:

            Move to approve the July 2010 Non-Property Tax claims as follows:

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Bakken offered the following motion:

            Move to approve the 2^nd Quarter Transfer as follows:

Manager Haugsdal seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Haugsdal offered the following motion:

            Move to adjourn the meeting.

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Meeting was adjourned at 9:50 a.m.

Shell Rock River Watershed District

Regular Meeting Minutes

June 8, 2010

Managers present: Alan Bakken, Roger Peterson, Clayton Petersen, Arthur Ludtke, Gary Pestorious

Managers absent: Bruce Haugsdal and Brett Richards

Chair Manager Pestorious called the regular meeting to order June 8, 2010 at 8:30 a.m. at the Albert Lea City Council Chambers, 221 East Clark Street, Albert Lea, Minnesota.

The Board was presented with the minutes from May 11, 2010 Regular Meeting.

Manager Ludtke offered the following motion:

                Move to approve the May 11, 2010 Regular Meeting Minutes.

Manager Clayton Petersen seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Bakken offered the following motion:

                Move to approve the May 2010 Administration Treasurer’s Report, subject to audit.

Manager Roger Peterson seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Roger Peterson offered the following motion:

                Move to approve the May 2010 Non-Property Tax Treasurer’s Report, subject to audit.

Manager Clayton Petersen seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Administrator Behnke introduced a letter received from Chris Chalmers, Community Education Director, requesting funding for the Brookside Boathouse and Experiential Learning Center. For every $100 donated to this project the Learning Center will provide a kayak/canoe experience for five people.  

Manager Bakken offered the following motion:

                Move to approve $1,000 donation to the Community Education Boathouse project, for the educational programs.

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved

Administrator Behnke reported on the following:

• MAWD Summer Tour Registration- deadline is June 18^th, if any Managers are interested in going, please let Connie know as soon as possible.

• Personnel Committee recommendations for Personnel Handbook. The Personnel Committee meet last week and discussed the changes made to the Personnel Handbook. The Committee recommended approving the handbook with the changes made.

Manager Ludtke offered the following motion:

                Move to approve the final draft of Personnel Handbook.

Manager Roger Peterson seconded the motion.

Several Managers wanted to review the handbook before approving it.

Manager Ludtke rescinds the motion and the discussion was tabled until the next meeting.

• Pet Waste Stations Proposal information was presented to the Board. The project is to purchase and install 12 pet waste stations around walking/biking trails around Fountain Lake and along the Blazing Star Bike Trail.  We have received $1,000 from both ITC Midwest and the Lakes Foundation toward the project. The proposal has also been submitted to the Fountain Lake Sportsmen’s Club, Wal-Mart Community Grant programs and Freeborn County Trails Association. The City of Albert Lea will install and maintain the pet waste stations as their in-kind commitment to the project. The total project will cost $12,100, which included 12 pet waste stations plus waste bags and trash can liners cost, for 4 years. With the donations and in-kind services provided the City of Albert Lea and the SRRWD, we are still in need of $4,700 to complete the project. Discussion was tabled until next meeting.

Andy Henschel, Watershed Conservationist reported on the following:

• Update on LCCMR grant proposals – The LCCMR Committee meets in the next few days to decide which grants will make the first round of cuts. An announcement will be made on June 9^th for the grants that will move forward to the next step of the process.

• Update on Bathymetric survey – Fountain Lake grid has been completed and Albert Lea Lake is almost finished.

Note: July Monthly Meeting will be moved to Thursday after the normal Tuesday, which will be July 15, 2010, at normal start time of 8:30 am.

Manager Bakken offered the following motion:

                Move to approve the June 2010 Administrative Claims as follows;

Manager Ludtke seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Clayton Petersen offered the following motion:

                Move to approve the June 2010 Non-Property Claims as follows;

Manager Bakken seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved.

Manager Clayton Petersen offered the following motion:

                Move to adjourn the meeting.

Manager Bakken seconded the motion.

After discussion, a vote was taken and the motion was unanimously approved

The meeting adjourned at 9:14 am.

Rules for the Shell Rock River Watershed District ~ February 13, 2007
Freeborn County Courthouse, P.O. Box 1147, 411 South Broadway
Albert Lea, MN 56007