regular meeting – agenda february 12, 201814d03102-88c8-485b-81e2... · 11. calendar review ....

1030 Front Street, P.O. Box 40

Brooten, MN 56316

Office: 320-346-2869 Fax: 320-346-2410

www.nfcrwd.org [email protected]

Regular Meeting – Agenda February 12, 2018

Located at: 1030 Front Street at 1:00 p.m. Agenda Codes: BA-Board Action Required, D-Discussion Item

Time Packet Page BA / D

1:00 1. Call to Order – President Wuertz

2. Review & Approve Agenda - President Wuertz BA Additional items or correction to be added to the agenda for action or

information.

3. Consent Agenda Items (All items approved by one motion) BA

Treasurer’s Report and Bills to February 12, 2018. a. Check Register - 106 Bonanza Checking Acct b. P & L Detail – All Accounts Page 3 c. Balance Sheet – All Accounts Page 8

4. Minutes January 8, 2018 Regular Meeting Minutes Page 10 BA

5. Open Discussion from the Public

Opportunity for the public to address the NFCRWD Board of Managers.

1:30 6. JD1 Record Reestablishment Hearing – Continuance Page 18 a. Procedure b. Acceptance D/BA 2:00 7. CD7 Redetermination of Benefits Hearing a. Procedure b. Public Comment c. Board Action D/BA REGULAR AGENDA ITEMS

8. Staff Reports a. Administrator’s Report – Cris Skonard

1. BWSR - Dale Krystosek D 2. Resolution 2018-04 - Amended Page 21 D/BA 3. 1W1P D/BA 4. LMCIT Workman’s Comp Quote Page 23 D/BA 5. Summer Intern D/BA 6. Additional Business

http://www.nfcrwd.org/

1030 Front Street, P.O. Box 40

Brooten, MN 56316

Office: 320-346-2869 Fax: 320-346-2410

www.nfcrwd.org [email protected]

Time Packet Page BA / D

b. Technician’s Report – Christopher Lundeen 1. Activity Report 6 D 2. Grant Activity Page 27 3. LAMB Labor Quotes Page 33 D/BA

c. Funds Manager / Administrative Assistant’s Report – Christine Knutson 1. As reported in Financial Statements 9. Program Reports

a. Permit Report - None b. Drainage Report – Cris Skonard

1. JD 2: Update- D/BA

2. JD1 Main and Branches –Tree Removal Quotes Prepay Overpayment

D/BA

3. CD7 Repair: Update – Interest calculation D

4. CD 32 Repair: Update D

5. CD29, CD36, CD37 ROB: Update – Set CD29 ROB Hearing Individual Landowner Meetings

D/BA

6. CD4: Buffers: Update D/BA

7. CD43: Buffers D

7. Other Ditch Business D

c. Board Member Reports 10. Items for Next Meeting Agenda

11. Calendar Review Meeting Date Meeting Description Meeting Location Meeting Time Tues, Feb 13th WRAPS MFCRWD 10:00 am Thur, Feb 17th Drainage Conference St.Cloud 8:00 am Wed, Feb 21st 1W1P TBD TBD Wed, Mar 7th-Th Mar 8th MAWD Legislative Day St. Paul All Day Mon, Mar 10th CAC Brooten 10:00 am

12. FYI Items •

13. Adjournment *** Next meeting: Monday, March 12, 2018 at 1:00 pm ***

http://www.nfcrwd.org/

North Fork Crow River Watershed District Proposed Regular Meeting Minutes

January 8, 2018

Managers Present: Jim Barchenger, Gary Berndt, Bob Brauchler, John Hanson (via teleconference) and Jim Wuertz

Managers Absent: None Staff Present: Cris Skonard, Christine Knutson and Christopher Lundeen Others Present: Maury Noonan (Rinke Noonan), Kevin Bruntlett, Gary Fearing, Boyd Fischer, Angelica

Hopp, Roger Imdieke, Dave Jenison, Clifford Johnson, David Johnson, Oluf Johnson, Joe Lewis (Houston Engineering, Inc.), Roger Lyon, Ken Rademacher, Russ Schmidt, Karl Schlangen, Rick Thompson, Donavan McKigney, Steve Notch, Ken Vogt, Roger Walz, Gregg Weller and Others

1. Call to Order. President Jim Wuertz called the meeting to order at 1:00 p.m. and indicated the need to

appoint an Acting Secretary until John Hanson returns.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Bob Brauchler, to appoint Gary Berndt as Acting Secretary. MOTION CARRIED.

2. Review and Approve Agenda

IT WAS MOVED BY Bob Brauchler, SECONDED BY Jim Barchenger, to approve the revised agenda to include under Administrative Report: Drainage Water Conference and discussion for prepaid assessments. MOTION CARRIED.

3. Consent Agenda Items. President Wuertz called for a motion to approve the consent agenda.

1. Treasurer’s Report and bills through January 8, 2018 a. Check Register—106 Bonanza checking account b. Profit & Loss Detail—All Accounts c. Balance Sheet—All Accounts

Berndt questioned several line items on the Profit & Loss Detail. Itemized charges by Rinke Noonan were reviewed.

IT WAS MOVED BY Gary Berndt, SECONDED BY Jim Barchenger, to approve the Consent Agenda. MOTION CARRIED.

Affirmative: Barchenger, Berndt, Brauchler, Hanson and Wuertz Opposed: None

4. Minutes. The Minutes of the December 11, 2017 Regular Meeting were presented.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Bob Brauchler, to approve the December 11, 2017 Regular Meeting Minutes with corrections. MOTION CARRIED.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Bob Brauchler, to approve the December 27, 2017 Special Meeting Minutes. MOTION CARRIED.

Page 10 of 33

5. Open Discussion from the Public. President Wuertz asked for comments from the public.

• Roger Lyon noticed an excavator on site of a completed ditch project of last summer. Cris Skonard shared that minor warranted touch-up work was performed.

• Kevin Bruntlett, Robert Thompson and Dave Jennison asked questions which were moved to the ditch discussion

6. Buffer Enforcement Rule Hearing

A. Procedure. President Wuertz closed the regular meeting and opened the hearing at approximately 2:00 p.m. The purpose of the hearing is to review the buffer enforcement rule and action by the Board. Attorney Maury Noonan gave an overview. Skonard reported no written comments were received.

B. Public Comment

• David Johnson inquired how many feet/miles of watershed are affected. Skonard responded it pertains to all watershed buffers not under 103E. Johnson feels the rule is vague.

• Comment made on the buffer document. • Comment on 4.1.3 buffer measurement. Are we changing the policy of the Board?

o Boyd Fisher questioned the policy regarding measurement. Wuertz responded there will be leeway.

o Roger Lyon also questioned measurements, i.e., crown. Skonard stated BWSR (Minnesota Board of Water and Soil Resources) sets the measurement guidelines.

• Ken Rademacher inquired about brush and trees in the buffer zone. Wuertz stated if they are established, they would be allowable in the buffer strip.

• Donavan McKigney inquired what happens if the Board does not accept the buffer rule. Response: BWSR will enforce the rule.

• Dave Johnson voiced concerns with the number of entities controlling the buffer situation and feels nothing gets done.

• Donavan McKigney inquired what is unique having BWSR. Response: The Board decided to keep it local.

• Roger Walz asked if the fine for non-compliance is daily or weekly. Response: Fine is per day. IT WAS MOVED BY Jim Barchenger, SECONDED BY John Hanson, to close the public comment period. MOTION CARRIED.

Attorney Noonan reported it is necessary to comply with BWSR and suggested a motion for a resolution be adopted and sent to BWSR.

C. Acceptance. A motion for a resolution to adopt the Buffer Enforcement Rule pursuant to Minn. Stat.

Section 103F.48 was presented for submission to BWSR in its current form and to suspend the date until the document is returned from BWSR. • Berndt inquired if the Board can change the top of the crown cut edge under 4.0. Skonard felt

the Board must comply with BWSR. • Berndt feels the language needs to be changed. Skonard stated the language has been approved

by BWSR. If the language is altered, there will be challenges. • Hanson commented 4.1.3 will enable the Board to work with local landowners; however, state

statutes must be followed.

Page 11 of 33

IT WAS MOVED BY Jim Barchenger, SECONDED BY John Hanson, to adopt the Buffer Enforcement Rule for public ditches as reviewed by the Minnesota Board of Water and Soil Resources. MOTION CARRIED.

Affirmative: Barchenger, Brauchler, Hanson and Wuertz Abstain: Berndt

IT WAS MOVED BY Jim Barchenger, SECONDED BY John Hanson, to close the Buffer Enforcement Rule hearing at approximately 2:35 p.m. MOTION CARRIED.

7. JD1 Record Reestablishment Hearing—Continuance. President Wuertz closed the regular meeting and

opened the JD1 Record Reestablishment Hearing at approximately 2:37 p.m.

A. Procedure. One letter was received with general comments. B. Public Comment:

• Roger Lyon is in agreement with Joe Lewis of Houston Engineering. • David Johnson commented the DNR cleaned out its portion of the ditch, which causes backup.

He suggested having it dug out and inquired if this will be put on hold until agreement from other parties is received. Also discussed the removal of trees.

• Wuertz stated JD1 needs to be reestablished.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Gary Berndt, to close the JD1 Record Reestablishment Hearing public comment period at 2:46 p.m. MOTION CARRIED.

C. Acceptance.

IT WAS MOVED BY Jim Barchenger, SECONDED BY GARY BERNDT, to accept the procedure proposed by Attorney Maury Noonan and continue the JD1 Record Reestablishment Hearing at the next meeting at approximately 1:30 p.m. MOTION CARRIED.


REGULAR AGENDA ITEMS 8. Staff Reports

A. Administrator’s Report: 1. Activity Report. Skonard reported year-end cleanup work on the Activity Report.

2. Resolution 2018-01. Skonard reported Resolution #2018-01 is approximately the same as 2017

except for dates.

IT WAS MOVED BY Bob Brauchler, SECONDED BY Jim Barchenger, to approve Resolution 2018-01. MOTION CARRIED.


3. Resolution 2018-02. Skonard noted the 2018 annual percentage interest rate for borrowed

unrestricted administrative funds be set at 4% (accrued monthly) on the unpaid balance.

Page 12 of 33

IT WAS MOVED BY Bob Brauchler, SECONDED BY Jim Barchenger, to approve Resolution 2018-02. MOTION CARRIED.


4. Resolution 2018-03. Skonard noted the resolution authorizing the payment of regular monthly

expenditures will show up in the next financial statement and is the same as 2017.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Bob Brauchler, to approve Resolution 2018-03. MOTION CARRIED.


5. Resolution 2018-04. Skonard reported according to the spreadsheet by BWSR, staff rates for

2018 have increased since last year. Berndt has received calls regarding the process of billing. Skonard shared by law, general funds cannot be used for public ditch billings.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Bob Brauchler, to approve Resolution 2018-04. MOTION CARRIED.


6. Insurance Update—Dividend, Waiver. Skonard shared information from the League of

Minnesota Cities regarding the 2017 Property/Casualty Dividend of $1,001, which is down from the 2016 dividend of $4,200. Skonard discussed liability coverage and noted monetary limits on liability tort limits should not waived.

IT WAS MOVED BY Gary Berndt, SECONDED BY Jim Barchenger, to not waive the monetary limits on municipal tort liability established by Minnesota Statues, Section 466.04. MOTION CARRIED.


7. ESRI Maintenance Quote. Skonard discussed and recommended accepting the 2018 ESRI

software renewal maintenance quote for GIS software at the annual rate of $1,200 to ensure software updates. Berndt felt it is cost effective. The drainage assessment tool is a companion part of the software. Discussion held regarding costs billed out to ditches and projects. Christine Knutson shared costs are included in the billable rate charged to ditches and projects.

IT WAS MOVED BY Bob Brauchler, SECONDED BY Jim Barchenger, that when work is performed on a ditch or project, the portion of the indirect expense will be paid through the billable rate and then billed accordingly to the appropriate ditch or project. MOTION CARRIED.


8. 1W1P Draft—Authorize 60-day public review. Skonard shared the 1W1P draft. The Policy

Committee approved the plan and authorized individual Boards to release for 60-day comment. This Board needs to authorize the 60-day review. Skonard has contacted Stearns County as to holding a joint meeting. Meetings will be held in February for approval in May 2018.

Page 13 of 33

IT WAS MOVED BY John Hanson, SECONDED BY Bob Brauchler, to approve a 60-day review of the 1W1P Draft. MOTION CARRIED.

9. Minnesota Viewers Association. Skonard reported the Minnesota Viewers Association will hold

its first seminar of 2018 on Wednesday, January 10th at Jackpot Junction Hotel and Convention Center and suggested joining at the associate membership for a cost of $200/year. Registration fee for the January 10th seminar is $25.

IT WAS MOVED BY Gary Berndt, SECONDED BY John Hanson, to approve an associate membership in the Minnesota Viewers Association at an annual cost of $200 and to authorize the administrator’s registration fee of $25. MOTION CARRIED.


10. Summer Intern. Skonard shared the need to hire a summer intern to assist with water quality

and ditch inspection duties. He noted approximately $6,453 is allocated for 2018 intern(s) with authorization from President Wuertz. Wuertz suggested conducting interviews and if two candidates stand out, both would be hired. Interns are paid through funding other than the general fund. If interns work on specific ditches or projects, billing would be as designated.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Bob Brauchler, to work with President Wuertz to advertise for interns with the possibility of hiring two. MOTION CARRIED.


11. Additional Business. Skonard mentioned the Rinke-Noonan Drainage and Water Conference will

be held February 15, 2018, at a cost of $95/attendee. Representatives of North Fork Crow River Watershed District have attended in the past. Registration is due prior to the next board meeting.

IT WAS MOVED BY Bob Brauchler, SECONDED BY Jim Barchenger, to approve attendance by North Fork Crow River Watershed District administrator and board members at the Water Conference. MOTION CARRIED.


B. Technician’s Report

1. Activity Report. Lundeen briefly reviewed the DNR Delegation Agreement Aquatic Invasive Species (AIS) Prevention Inspection of Water-Related Equipment and reported no changes were made to the document except the year.

IT WAS MOVED BY John Hanson, SECONDED BY Bob Brauchler, to approve the DNR Delegation Agreement. MOTION CARRIED. President Wuertz will sign the document.

2. Grant Update. Lundeen reported the Gant Application for C18-6514 – NFCRWD Drainage

Records Modernization for the North Fork Crow River Watershed District was approved for funding by BWSR. A check will be received for the remaining percentage (10%) of the grant. Lundeen shared information regarding the Terry Miller project and the need to approve a check for $1,892.50 when the W-9 is received.

Page 14 of 33

IT WAS MOVED BY Bob Brauchler, SECONDED BY Jim Barchenger, to approve payment of $1,892.50 from Rice/Koronis project savings account. MOTION CARRIED.


C. Funds Manager/Administrative Assistant Report. As reported in Financial Statements. 9. Program Reports

A. Permit Report. No report.

B. Drainage Report

1. JD 2: Update—HE1. Skonard referred to the memo received from Houston Engineering, Inc. regarding a proposal for engineering services on Stearns-Kandiyohi Judicial Ditch 2 at an estimated cost of $6,980 and recommended approving the proposal not to exceed the estimate of $6,980. Houston Engineering would conduct a field survey along the entire length including soil borings and prepare a profile drawing. Lewis shared the history of the project. • David Johnson inquired if there are any wetlands. The response was no. • Carl Schlangen mentioned a previous survey at another location and commented soil

borings may be needed. • Costs would be billed to the ditch system.

IT WAS MOVED BY Gary Berndt, SECONDED BY John Hanson, to approve the proposal for engineering services by Houston Engineering, Inc. for Stearns-Kandiyohi Judicial Ditch 2 at a cost not to exceed $6,980. MOTION CARRIED.

Affirmative: Barchenger, Berndt, Hanson and Wuertz Abstained: Brauchler Opposed: None

2. JD1 Main and Branches—HE1. Lewis stated they are holding off completing the project until

coordination can be made with the DNR. A contract may be awarded in a month of two.

• Comment made regarding the one to two acres of trees between County Road 21 to Grove Lake and inquired if separate tree removal quotes can be obtained.

• Donavan McKigney commented a lot of water is retained and inquired if it is possible to check for beaver dams. Skonard stated a drone may be used to check for beaver dams.

IT WAS MOVED BY Jim Barchenger, SECONDED BY John Hanson, to engage Houston Engineering, Inc. to assist with contract development for removal of trees while the ground is frozen. MOTION

CARRIED. Affirmative: Barchenger, Berndt, Brauchler, Hanson and Wuertz Opposed: None

[Brauchler was excused from the meeting.]

Page 15 of 33

3. CD7 Repair Update. Skonard mentioned the hearing scheduled for next month. Berndt commented he is concerned with the granite located near the roadway. Skonard will check with ISG and drive out to the site.

4. CD 32 Repair Update. Skonard shared a summary of the letter that was sent to RESPEC and

reported no correspondence has been received.

• Boyd Fischer inquired who is liable for attorney’s fees. Noonan will defer the question and report at next month’s meeting. It is being reviewed from a legal standpoint. Discussion held to attain a copy of the contract to find out if the contractor is responsible.

5. CD 29, CD 36, CD 37 ROB: Update. Skonard reported letters will be mailed to landowners and a

meeting and public hearing will be set in March 2018. Skonard will work with H2Over Viewers to compile a merged letter for all individual landowners and send it out from the North Fork Crow River Watershed District. Working on buffers for CD 37.

6. CD4: Buffers. Skonard reported the buffer payments have not been paid and inquired on next

steps.

• Rick Thompson commented all they do is pay for it; • Bob Pederson asked for a copy of the breakdown of what the funds are used for. Wuertz

stated this will be provided. Christine Knutson explained the pre-pay process for counties. • Berndt inquired when the CD4 determination was made. Is there a need for a new

redetermination due to timelines? Skonard will coordinate with Attorney Deter. • Bob Pederson visited with Barb Loch and there seems to be confusion over Meeker County

billing cycles. Skonard will coordinate a meeting. 7. Other Ditch Business.

CD Ditch 43: Skonard met with Kevin Bruntlett and toured the property. Also discussed Ethan Jenson’s report.

Skonard provided a brief update on ditch pre-pay assessments.

C. Board Member Meeting Reports. Skonard mentioned a Legislative Breakfast will be held on

March 7 and 8, 2018.

IT WAS MOVED BY Jim Barchenger, SECONDED BY Gary Berndt, to approve attendance of the administrator and Board members, reserve hotel rooms and to have Skonard coordinate with Board members by the next meeting. MOTION CARRIED.

Affirmative: Barchenger, Brandt, Hanson and Wuertz Opposed: None

10. Items for Next Meeting Agenda.

Two hearings: JD1-Reestablishiment Continuance, CD7-Correction to Viewers Report

Page 16 of 33

11. Calendar Review. A three-month Outlook calendar was provided. Skonard inquired if anyone would like to attend the viewers meeting.

12. FYI Items. None. 13. Adjournment.

IT WAS MOVED BY Gary Berndt, SECONDED BY Jim Barchenger, to adjourn the meeting. MOTION CARRIED.

The meeting was adjourned at approximately 4:00 p.m.

_____________________________________ Gary Berndt, Acting Secretary

Page 17 of 33

[03421-0115/2826023/1] 1

BEFORE THE NORTH FORK CROW RIVER WATERSHED DISTRICT, ACTING AS DRAINAGE AUTHORITY FOR POPE/STEARNS JUDICIAL DITCH #1

Findings of Fact and Order Approving Reestablishment of Drainage System Records Pursuant to Minnesota Statutes 103E.101, Subd. 4

FINDINGS OF FACT

1. The North Fork Crow River Watershed District, as Drainage Authority for

Pope/Stearns Judicial Ditch #1, is the public Drainage Authority for Judicial Ditch #1, operating

under Minnesota Statutes 103E.

2. That the Watershed District staff, and an appointed engineer, investigated the Judicial

Ditch #1 records and found that the records establishing the alignment, cross section, profile, and

right-of-way of the drainage system were lost, destroyed or otherwise incomplete.

3. Owners of benefited property within the Judicial Ditch #1 system, have requested that

repairs be done to the system, and the Drainage Authority determined that reestablishment of the

records was necessary to proceed with the repair.

4. Professional engineer, Joe Lewis of Houston Engineering, Inc., was appointed to

conduct an investigation and a report of Findings supported by existing records and evidence

including, but not limited to, applicable area photographs, soil borings, test pits, culvert dimensions

and invert elevations.

5. As part of the analysis of the drainage system, the engineer has identified the existing

functional outline, dimension, and grade of the drainage system as it provides beneficial public

drainage today. This functional alignment, dimension, and grade match the basic functional

efficiency of the system as designed and established to provide beneficial public drainage.

Page 18 of 33

[03421-0115/2826023/1] 2

6. The intent of these proceedings was to reconcile the historical record of the drainage

system with the functional alignment, dimension, and grade of the system to describe the equivalent

with the as-constructed, and subsequently improved condition.

7. Future work on the drainage system will utilize the as-constructed and subsequently

improved condition established in these proceedings, as a baseline for determining a repair, or the

improvement of the drainage system.

8. The Drainage Authority, by Order, set a public hearing for the review of the

Engineer’s Report and provided Notice and location of the hearing to the Commissioner of Natural

Resources, the Executive Director of the Board of Water and Soil Resources, and all property owners

benefited or damaged by the drainage system.

9. Notice of the public hearing was properly provided as required by law.

10. The Drainage Authority held a public hearing on December 11, 2017, at 2:00 p.m. in

the Watershed District offices located in Brooten, Minnesota. The public hearing was continued until

January 8, 2018, at 2:30 a.m. for additional review. That at the January 8, 2018, public hearing, the

Drainage Authority continued the public hearing until February 12, 2018, to allow the preparation of

Findings of Fact and Order.

11. At the public hearing, Joe Lewis of Houston Engineering, Inc., presented the

Engineer’s Report of Findings.

12. Engineer Lewis, correlated the original ditch map with the current ditch alignment,

and participated in soil borings to determine the ditch alignment and elevations

13. Engineer Lewis’s full Report is hereby incorporated by reference and attached as

Exhibit A.

14. Reestablishment of the drainage system records, described in the Engineer’s Report,

will provide for the efficient administration of the drainage system.

Page 19 of 33

[03421-0115/2826023/1] 3

ORDER

Based on the foregoing Findings, and before the North Fork Crow River Watershed District

Board of Managers, the Board of Managers hereby orders as follows:

1. The Board of Managers hereby reestablishes the drainage system records for Judicial Ditch #1 to reflect the alignment, cross section, profile, hydraulic structure locations, materials, dimensions, elevations, and right-of-way of the drainage system as detailed in the Engineer’s Report, attached as Exhibit A. The Board of Managers further directs that these Findings of Fact and Order and attached Exhibit A reflect the reestablishment of the drainage system records, and shall constitute the official drainage system records in all subsequent proceedings.

Dated this ___ day of ______________, 2018.

NORTH FORK CROW RIVER WATERSHED DISTRICT BOARD OF MANAGERS, ACTING AS DRAINAGE AUTHORITY FOR POPE/STEARNS JUDICIAL DITCH #1

By_______________________________________

Its Chairperson

Page 20 of 33

North Fork Crow River Watershed District Resolution # 2018-04

Resolution to set staff Billable Rates for 2018 retroactive to January 1, 2018 WHEREAS, the North Fork Crow River Watershed District is acting drainage authority for legal county drainage ditch systems within their boundaries and in order to fulfill the responsibilities of drainage authority, the North Fork Crow River Watershed District Staff spend work hours managing drainage system activities; WHEREAS, the North Fork Crow River Watershed District manages grant funding and in order to complete outcomes required in the grant contract, staff must track and bill time directly or indirectly to those grants; WHEREAS, the North Fork Crow River Watershed District partners with other entities on various events and projects and must track and bill time directly or indirectly to those entities; THERFORE, be it hereby Resolved that the North Fork Crow River Watershed District will bill staff time spent working on eligible activities as the following: District Administrator / Drainage Inspector time billed at $ 59.11 / hour, Bookkeeper / Administrative Assistant time billed at $ 53.93 /hour, Watershed Technician time billed at $ 47.42 / hour or as written in contract documents. WHEREUPON, the above resolution was adopted by the Board of Managers of the North Fork Crow River Watershed District at its regular meeting January 8th, 2018 and amended at the regular meeting on February 12, 2018. _____________________________ February 12, 2018 James Wuertz, President NFCRWD Dated _________________________________ February 12, 2018 Gary Berndt, Acting Secretary Dated

Page 21 of 33

July 2017

Employee 1 Employee 2 Employee 3 Employee 4 Employee 5 Employee 6 Employee 7NAME Skonard Knutson Lundeen

6264 2088 2088 20885739 1989.5 1864.5 0 0 0 1885 0

32.09 25.79 21.10 67,003.92 53,849.52 - - - 44,056.80 -

32.09$ 25.79$ -$ -$ -$ 21.10$ -$

6.20% 1.99 1.60 - - - 1.31 - 1.45% 0.47 0.37 - - - 0.31 - 7.50% 2.41 1.93 - - - 1.58 -

8,572.50 8,670.00 8,466.00 4.11 4.15 - - - 4.05 -

41.06$ 33.85$ -$ -$ -$ 28.35$ -$

98.5 223.5 2034,044.14$ 7,565.36$ -$ -$ -$ 5,755.30$ -$

2.03 4.06 0.00 0.00 0.00 3.05 0.0043.09$ 37.91$ -$ -$ -$ 31.40$ -$

EDUCATION/TRAINING 6,363.64 1.11 1.11 - - - 1.11 - 499.79 0.09 0.09 - - - 0.09 -

OFFICE MAINTENANCE 7,538.37 1.31 1.31 - - - 1.31 - OFFICE SUPPLIES 1,151.84 0.20 0.20 - - - 0.20 - POSTAGE 518.16 0.09 0.09 - - - 0.09 - PROFESSIONAL ASSOCIATIONS (4) 3,881.06 0.68 0.68 - - - 0.68 -

19,753.00 3.44 3.44 - - - 3.44 - - - - - - - -

3,299.64 0.57 0.57 - - - 0.57 - 1,306.00 0.23 0.23 - - - 0.23 - 3,516.28 0.61 0.61 - - - 0.61 - 1,311.88 0.23 0.23 - - - 0.23 - 5,769.00 1.01 1.01 - - - 1.01 -

- - - - - - - - - - - - - -

54,908.66 52.66$ 47.47$ -$ -$ -$ 40.97$ -$

626.4 0626.4 626.4 0 0 0 0

32,984.73 32,984.73 - - - - 59.11$ 53.93$ -$ -$ -$ 47.42$ -$

1 Only the employer's portion of these expenses are allowed to be used in the billing rate calculation. Employee's portions are not allowed.

2 FICA, Medicare and PERA percentages may need to be adjusted based on the determined percentages for the previous or current year.

3 Costs that you are directly charging cannot also be included in any billing rate calculation.

4 Dues or fees paid to associations that are not relevant to conservation work are not allowable. Contributions are not allowable.

INSTRUCTIONSA: Enter employees' names.B: Enter the yearly hours based on FTE for each employee.C: Enter the hourly rate from the employee’s pay stub.D: Enter the yearly insurance and other benefits paid by the employer.E: Enter the actual number of hours taken in leave (sick, holiday, vacation) by each employee.F: Enter the total yearly expenses for each of the items in the Facilities column. G: Allowable Facilities expenses that do not fit into the existing categories may be added in here.H: Enter the hours documented as general administration. These are hours from administrative staff supporting the overall operation of the organization. These are hours that cannot be associated with a grant.

LEAVE HOURS TAKENCOST OF LEAVELEAVE PER HOUR

TOTAL

PROFESSIONAL SERVICES Ex: audit fees

RENTTELEPHONE/INTERNET/FAX

ADMINISTRATIONDOCUMENTED GENERAL ADMIN HOURS

ADMIN HOURS ALLOWEDCOST OF ADMIN

TOTAL

UTILITIES

LIST EXPENSE:TOTAL

FACILITIES (3)

NEWSLETTERS

UNEMP / WORKERS COMP INS

PERA (2)

INSURANCE (YEARLY PREMIUM)

PREMIUM PER HOUR

GENERAL INSURANCELIST EXPENSE:

TOTALLEAVE

VEHICLE GAS/MAINTENANCE

FICA (2)

Medicare (2)

BENEFITS (1)

Option 2: Calculate Billing Rates, Including the Costs of: Salary, Benefits, Leave, Facilities, and Administration. This optional template is provided to assist local units of government in calculating the billing rates to charge expenses to BWSR grants. You need only enter the figures in the red outlined rows. The spreadsheet will automatically populate the other figures. Except for the red outlined rows, the spreadsheet is locked for editing.

Administrative Staff

HOURSYEARLY HOURS BASED ON FTESHOURS WORKEDSALARYBASE RATEANNUAL SALARY

TOTAL

DATE REVISED: 1/4/2018

AB

C

D

F

G

E

H

Page 22 of 33

League of Minnesota Cities Insurance TrustGroup Self-Insured Workers' Compensation Plan

145 University Avenue West St. Paul, MN 55103-2044 Phone (651) 215-4173NOTICE OF PREMIUM OPTIONS FOR STANDARD PREMIUMS_LM4514_01/16

Page 1 of 3 LM4514 (3/02)(Rev.1/16)

Notice of Premium Options for Standard Premiums of Less than $25,000

NORTH FORK CROW RIVER WATERSHED DISTRICT PO BOX 40BROOTEN, MN 56316-0040

Agreement No.: WC 1001632_Q-2Agreement Period:

From: 02/16/2018To: 02/16/2019

Enclosed is a quotation for workers' compensation deposit premium. Note: Renewal Coverage will be bound asper the expiring coverage arrangement, including coverage for elected and appointed officials, with thepremium indicated on the quote, unless the member or agent sends a written request not to bind renewalcoverage.

PAYROLL DESCRIPTION CODE RATEESTIMATED

PAYROLLDEPOSITPREMIUM

SEE ATTACHED SCHEDULE FOR DETAILS

Manual Premium 1,392Credit 0.90 -139

Standard Premium 1,253Deductible Credit 0.00% 0

Premium Discount 0Net Deposit Premium 1,253

Agent:00663 Central Minnesota Insurance Agency LLC

Po Box 206Paynesville, MN 56362-0206

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Notice of Premium Options for Standard Premiums of Less than $25,000(Con't)

Page 2 of 3 LM4514 (3/02)(Rev.1/16)

OPTIONS

Please indicate below the premium option you wish to select. You may choose only one option and youcannot change options during the agreement period.

NET DEPOSIT PREMIUM1. * Regular Premium Option 1,253

2. * Deductible Premium OptionDeductible options are available in return for a premium credit applied to your estimated standardPremium of $ 1,253. The deductible will apply per occurrence to paid medical costs only.There is no aggregate limit.

Deductibleper Occurrence

PremiumCredit

CreditAmount

Net DepositPremium

* $250 1.00% -13 1,240* $500 1.80% -23 1,230* $1,000 2.90% -36 1,217* $2,500 5.50% -69 1,184* $5,000 7.50% -94 1,159* $10,000 11.00% -138 1,115* $25,000 17.50% -219 1,034* $50,000 23.00% -288 965

This quotation is for a deposit premium based on your estimate of payroll and selected options. Your final actualpremium will be computed after an audit of payroll subsequent to the close of your agreement year and will besubject to revisions in rates, payrolls and experience modification. While you are a member of the LMCIT Workers'Compensation Plan, you will be eligible to participate in divident distributions from the Trust based upon claimsexperience and earnings of the Trust.

If you desire the coverage offered above, please return this signed document for the option you have selected.

This quotation should be signed by an authorized representative of the city requesting coverage.

Signature Title Date

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Notice of Premium Options for Standard Premiums of Less than $25,000(Con't)

Page 3 of 3 LM4514 (3/02)(Rev.1/16)

CONTINUATION SCHEDULE FOR QUOTATION PAGE

REMUNERATION RATE CODE DESCRIPTION EST. PREM1,000 9.67 5506 GENERAL MAINTENANCE 97

62,500 0.72 8810 CLERICAL OFFICE EMPLOYEES NOC 450600 5.26 9102 PARKS 32

134,000 0.55 9410 MUNICIPAL EMPLOYEES 73718,200 0.42 9411 ELECTED OR APPOINTED OFFICIALS 76

Manual Premium 1,392

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January 16, 2018 Dear Earth Day Supporter: Our local Earth Day event got its start over 14 years ago at Prairie Woods Environmental Learning Center. Each April the community gathers for a day of fun, learning and a free breakfast. Past topics for the event have included conservation, the ethanol industry, soil health, and Minnesota’s natural history. In recent years, the event has been focusing on teaching people about watersheds and water quality issues. The Earth Day celebration has grown each year, with up to an estimated 1,000 people attending. The event is a fantastic opportunity for local organizations and vendors to network with the public as they wander the display area and take in the keynote speaker. We find that often people come to the event with an interest in just one area of conservation or green living and leave with knowledge about several ways they can help our environment. There are activities for all ages, including a special area for kids. For Earth Day 2018, we are requesting your support to help fund our Earth Day event. Expenses for the event include advertising, speaker fees, t-shirts for committee members so that they are more accessible to the public and supplies for the free breakfast. We are suggesting that each sponsoring organization contribute $400.00 to the event this year. Checks should be made to Prairie Woods Environmental Learning Center with Earth Day in the memo. Please consider this request, and we’ll see you at Earth Day on April 21st from 8am – 1pm at Prairie Woods ELC! Sincerely, Earth Day at PWELC Finance Committee

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Join the Sauk River Watershed District (SRWD), Stearns County Soil and Water Conservation District (SWCD), and the Natural Resources Conservation Service (NRCS) for the Farmers Fair. This will not be your ordinary workshop. The Farmers Fair is designed to provide a lively, interactive learning opportunity. There will be a Grandstand, where a variety of presenters will share their knowledge and expertise, a Midway full of vendors offering the most recent information on products, services, and space to socialize.

This year the Grandstand will feature presentations on the benefits of cover crops, cover crop seeding methods and field trials, Discovery Farms research results, and introductions to water quality tile inlet and outlets. Grandstand

presenters include local famers, program specialists and ag researchers.

The Midway will be open for the entire duration of the Farmers Fair. It will be filled with a variety of vendors offering information on programs, products and

services.

The Farmers Fair is FREE for Farmers and Landowners who PRE-REGISTER.

Register NO later than Monday, February 26th (Registration at the door $30 per

person). To register contact the Sauk River Watershed District at 320-352-2231 or [email protected].

Agency and supporting industry personnel are also welcome to attend at a pre-registration rate of $15

(Registration at the door $30). Pre-Registration deadline is also Monday, February 26th. To register please

contact the Sauk River Watershed District at 320-352-2231 or [email protected].

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FY 2018 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES

DRAINAGE RECORDS MODERNIZATION MATCH PROGRAM GRANT AGREEMENT

Vendor: 0000210711 VN#:

PO#: 3000008839 Date Paid: This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and North Fork Crow River WD, 1030 Front Street PO Box 40 Brooten Minnesota 56316 (Grantee).

This grant is for the following Grant Programs : C18-6514 NFCRWD Drainage Records Modernization $17,500

Total Grant Awarded: $17,500

Recitals 1. The Laws of Minnesota 2017, Chapter 96, appropriated Environment and Natural Resources Trust Funds to the

Board for the FY 2018 Drainage Records Modernization Match Grants Program. 2. The Board authorized the FY 2018 Drainage Records Modernization Match Grants Program in Board Resolution

17-68. 3. The Board approved the FY 2018 Drainage Records Modernization Match Grants Program allocations in Board

Resolution 17-93. 4. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this

agreement by reference. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant

agreement to the satisfaction of the State. 6. As a condition of the grant, Grantee agrees to minimize administration costs.

Authorized Representative The State's Authorized Representative is Tim Gillette, Conservation Drainage Engineer, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, 651-297-8287, or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement.

The Grantee’s Authorized Representative is: TITLE ADDRESS CITY TELEPHONE NUMBER

If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately notify the Board.

Grant Agreement 1. Term of Grant Agreement.

1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd.5. The State’s Authorized Representative will notify the Grantee when this grant agreement has been executed. The Grantee must not begin work under this grant agreement until it is executed.

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1.2. Expiration date: April 30, 2020, or until all obligations have been satisfactorily fulfilled, whichever comes first.

1.3. Survival of Terms: The following clauses survive the expiration or cancellation of this Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 16 . Intellectual Property Rights.

2. Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1).The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Agreement by

reference. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public.

2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board.

2.2.2. Final Progress Report: The Grantee will submit a final progress report to the Board by May 31, 2020, or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board.

2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan.

3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence.

4. Terms of Payment. 4.1. Grant funds will be distributed in three installments: 1) The first payment of 50% will be distributed after the

execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by BWSR.

4.2. All costs must be incurred within the grant period. 4.3. All incurred costs must be paid before the amount of unspent grant funds is determined. Unspent grant

funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. The obligation of the State under this Grant Agreement will not exceed the amount stated above. 4.5. This grant includes an advance payment of 50 percent of the grant’s total amount. Advance payments allow

the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future.

4.6. Contracting and Bidding Requirements per Minn. Stat. §471.345, Grantees that are municipalities as defined in Subd. 1 must do the following if contracting funds from this grant contract agreement for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property.

4.6.1. If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2).

4.6.2. If the amount of the contract is estimated to exceed $25,000 but not $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the

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purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c).

4.6.3. If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation, it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2).

4.6.4. Support documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable.

4.6.5. For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. Consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals.

5. Conditions of Payment. All services provided by the Grantee under this Grant Agreement must be performed to the State’s satisfaction, as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, ordinances, rules, and regulations. All Grantees must follow the Grants Administration Manual policy. Minnesota Statutes §103C.401 (2014) establishes BWSR’s obligation to assure program compliance. If the noncompliance is severe, or if work under the grant agreement is found by BWSR to be unsatisfactory or performed in violation of federal, state, or local law, BWSR has the authority to require the repayment of grant funds, or an additional penalty. Penalties can be assessed at a rate up to 150% of the grant agreement.

6. Assignment, Amendments, and Waiver. 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant

Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office.

6.2. Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto.

6.3. Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it.

7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement.

8. State Audits. Under Minn. Stat. § 16B.98, subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a

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minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local

units of government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds.

8.2. The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the standards of the Office of State Auditor. The audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board if requested.

9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State.

10. Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.

11. Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as

the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement.

11.2. Endorsement. The Grantee must not claim that the State endorses its products or services.

12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota.

13. Termination. The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.

14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any.

15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which State prevailing wage laws apply (Minn. Stat. 177.42 – 177.44). All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality.

16. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created

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and paid for under this grant. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents.

IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved:

North Fork Crow River WD

Board of Water and Soil Resources

By: ____James Wuertz________________________ By: ____________________________________________ (print) _______________________________________ (signature) Title: _______________________________________ Title: ____________________________________________ Date: _______________________________________ Date: ____________________________________________

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