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MINUTES Olmsted Soil and Water Conservation District September 24, 2015 Olmsted Soil and Water Conservation District 1485 Industrial Drive NW, Room 102 Rochester, MN 55901 Facilitator: Paul Uecker Note taker: Board Present: Staff Present: Guests Present: Dorothy Miller, Andy Hart Steve Connelly, Andy Hart, Paul Uecker Dorothy Miller, Skip Langer Michael Muzzy, NRCS; Mike Sheehan, Olmsted County; Shelia Harms, Whitewater JPB Minutes Topics I. CALL TO ORDER II. INTRODUCTION OF GUESTS III. PUBLIC COMMENT IV. ADOPT AGENDA V. GUEST SPEAKERS A. Natural Resource Conservation Service (NRCS) Report Mike Muzzy B. Whitewater JPB Shelia Harms VI. CONSENT AGENDA Action A. Minutes of August 27, 2015 B. Treasurer s Report C. Accounts Payable $23,138.90 D. Journal Vouchers $431.29 E. Supervisor Compensation Steve Connelly $150.00 2 meetings Steve Connelly $25.30 mileage John Keefe $150.00 2 meetings John Keefe $31.62 mileage Ann Mikesh $225.00 3 meetings Ann Mikesh $89.70 mileage F. State Cost Share VII. DISTRICT REPORT A. State Cost Share (Items not included in Consent Agenda) Action B. SWCD Buffer Law Implementation & MN Ag Water Quality Certification Program Request Action C. WCA Update a. DeCook Wetland Bank appeal extension from 9/30 to 10/30 Action D. South Branch Cascade Creek Update E. Miscellaneous a. Relocation of the Olmsted SWCD Office b. Ann Mikesh Resignation Action VIII. COMMITTEE S REPORT and/or SUPERVISOR REPORT A. Resource Conservation & Development (RC & D) Report B. Whitewater Joint Powers Board Report (WWJPB) C. Zumbro Watershed Partnership (ZWP) D. One Watershed One Plan Policy Committee E. Environmental Commission (EC) F. Miscellaneous b. SET NEXT MEETING DATE October 22, 2015 8:00 AM Olmsted County Government Center c. ADJOURN *Highlighted items reflect changes to the agenda. 1

I. Call to Order: Paul called the meeting to order at 8:06 am. II. III. Introduction of Guests: Public Comment: IV. Adopt Agenda Paul Uecker Paul moved to adopt the agenda with the additions: C. WCA DeCook Wetland Bank appeal extension from 9/30 to 10/30 Action E. Miscellaneous: Ann Mikesh Resignation Action Action Items: Andy second. Motion carries. Skip requested the additions of DeCook Wetland Bank appeal extension and the acceptance of Ann Mikesh s resignation from the board; both are action items. V. Guest Speakers: VA. Natural Resource Conservation Service (NRCS) Report Mike Muzzy Mike went over the written report he provided. He also stated software changes were implemented over the past month. Mike shared the Area Assistant State Conservationist position applicants were rejected. They will be reposting the position sometime in the future. VB. Whitewater JPB Shelia Harms Sheila provided the Mississippi River-Winona Watershed TMDL Report by Shaina Keseley MPCA which she presented at the WWJPB meeting. She explained today was the last day for public comment. Comments will be taken into consideration and the report will be finalized by PCA. Later this winter Ms. Keseley will finish her portion of the watershed restoration and protection strategies. The TMDL report data is from the monitoring data collected in 2010 and 2011 throughout the watershed and also included were all other water monitoring data from other sources. The second handout was the charts on load allocation of stream reaches that are in Olmsted County within the Whitewater Watershed. She reviewed the findings in the reports. Shelia stated there is a lot of work to be done. Discussion followed. Shelia stated they are moving forward with the Ag Certainty Program going out on a regional scale including the entire southeast for their participation in MN transitioning to a state wide program. 2

VI. Consent Agenda Paul Uecker Steve moved to approve the consent calendar as follows: A. Approve the Minutes of August 27, 2015 B. Approve the Treasurer s Report as presented. C. Approve Accounts Payable for August $23,138.90 D. Approve Journal Vouchers for August $431.29 E. Approve Supervisor Compensation for August 2015 a. John Keefe 2 meeting $150.00 b. John Keefe mileage $31.62 c. Steve Connelly 2 meetings $150.00 d. Steve Connelly mileage $25.30 e. Ann Mikesh 3 meetings $225.00 f. Ann Mikesh mileage $89.70 F. Approve State Cost Share: AMENDMENTS CONTRACT NUMBER AMENDMENT NAME CONSERVATION PRACTICE CATEGORY BW13-06 x Gasner Sr., Boyd Terraces Amend the start and completion date from October 24, 2015 to December 31, 2015 due to contractor's availablity. TOTAL ESTIMATED PROJECT COST CONTRACT AMOUNT FISCAL YEAR AMOUNT T&A PAYMENTS CONTRACT NUMBER AMENDMENT NAME CONSERVATION PRACTICE TOTAL PROJECT CONTRACT CATEGORY COST PAYMENT FISCAL YEAR AMOUNT T&A BW15-02 Rucker, Jim Waterway/Tile $13,320.44 $6,703.50 2015 $6,703.50 1,675.88 Andy second. Action Items: Motion carries. VII. District Report VIIA. State Cost Share Skip Langer Action Items: Skip stated no new items to address. Ayes: Nays: 0 Abstain: 0 3

VIIB. SWCD Buffer Law Skip Langer Implementation & MN Ag Water Quality Certification Program Request Steve moved to approve accepting the BWSR agreement for funding and implementation of the SWCD Buffer Law & MN Ag Water Quality Certification Program. Andy second. Action Items: Motion carries. Skip commented the information received from BWSR on the Buffer Law is vague. Olmsted County will be awarded $25,000 to work with landowners in complying with the new law. DNR will be releasing maps identifying public waters and juridical ditch areas. At this time it is not known if additional areas will be added or not. BWSR has said all of the criteria that governs the program is being developed. All buffers will need to be in place by November 2017. The juridical ditch areas have an additional year or 2018 for compliance. Olmsted SWCD will be awarded $6,000 for continued implementation of the MAWQCP; dates for implementation are January 1, 2016 May 31, 2016. Board action is requested to accept these funds and activities associated with the programs. VIIBb. DeCook Wetland Bank Skip Langer appeal extension from 9/30/2015 to 10/30/2015 Andy moved to approve the appeal date to 10/30/2015 for the DeCook Wetland Bank. Steve second. Action Items: Motion carries. Skip explained the reason for the request to extend the appeal deadline for 30 days. He reviewed what has had taken place up to the last meeting when the board extended the deadline to 9/30/15. Mr. DeCook and his consultant did amend the plan and submitted to BWSR for review. A TEP meeting last week found some minor issues to be address. BWSR, St. Paul also has made comments for additional work. The consultant has requested an additional 30 days in order to allow Mr. DeCook to make the necessary changes to the plan. The amendment allows for these changes without Mr. DeCook withdrawing his application. A meeting was held yesterday on the Castleberg wetland restoration order in Eyota. Mr. Castleberg had submitted a technical memo through WHK, consulting firm. The TEP deemed the report incomplete because they didn t provide all the data sheets for the soil work. The TEP arrived at approximately 4.6 acres wetlands based on aerial photography, WHK s review minimized the area to 2.5 acres. They are asking for a no-loss and exemption. There have been a number of items also reviewed that were submitted by John Harford, Planning Department on urban developments. 4

VIID. South Branch Cascade Creek Update Skip Langer Bid opening was Tuesday afternoon with receipt of four bids. DNR estimate for the project is $850,000. The closest bid came in at $980,000. The recommendation will be to reject the bids. DNR will retool quantities and staff will evaluate items for reletting the bid in November. VIIE. Miscellaneous: VIIEb. Resignation of Ann Mikesh Skip Langer Andy moved to accept Ann Mikesh s resignation and declare a vacancy for her post. Steve second. Action Items: Motion carries. Skip explained the board would need to accept the resignation of Ann Mikesh and declare a vacancy to exist for her post. The board would solicit a successor for her position who resides in Rochester or Cascade Township. The position would be appointed by the Olmsted SWCD Board and be seated in the position until the first Monday in January 2017. The position would be on the ballot at the general election in 2016 beginning the post the first Monday in January 2017 and completing the term the first Monday in January 2019. The total term continues on the same 4 year rotation. Skip also mention he had talked to Claron Krogness and stated he would be interested in the position if they chose to appoint him. Discussion followed. Paul stated he thought they should think about it for a month. Steve will take the lead in contacting Lenny Laures, employee of Rochester Township, and Cascade Township Board member to get the word out about the open seat. VIIEa. Relocation of the SWCD office. Skip stated he has had discussions with Mike Sheehan but has not been involved in any other talks. Staff is currently working on the 2016 budget and Skip stated he would be meeting with Mike Sheehan and Public Works Finance staff for consideration. Skip would be bringing the preliminary budget forward to the board at the October 22 nd meeting. Along with the budget, staff has been evaluating the costs of being housed at our current location versus being co-located with the County. One discussion has been to put together a pros/cons list to both locations, what that means to the District and other agencies we work with, to make an educated decision. Mike Sheehan stated Matt Flynn stated the rent would be less or the same as what it is today. Mike stated the County Board is very committed to this. Matt also stated if there were other items to be addressed financially they would. Steve asked that the board really look at this relocation and discuss it further. Steve stated separating from USDA Service Center brings concerns as the way we (Olmsted SWCD) are doing business. The shared files belong to USDA, Steve thinks the board should think about it. He stated he would like to see the pros/cons and feels this issue needs some real attention. Paul stated if a move were made he would need a why to be able to respond to inquiries and not just because the space is available. Andy questioned the rise of rent. Discussion followed. 5

Mike Sheehan stated the County Commissioners are looking at it as SWCD staff are County employees, rent is going elsewhere and they feel it should be kept within the County. It is time. NRCS is welcome to come, they would like to have them. Andy questioned the meeting criteria. Mike Sheehan stated the County Board wants the decision made by the end of the year so staff can be moved by the end of the year. Dorothy stated a 60 notice would be necessary to get out of the building lease. Mike Sheehan stated notice should be given by the end of October. Discussion followed. Steve suggested a special meeting. After a short discussion board directed staff to schedule a special meeting in early October, requesting Matt Flynn and Jim Bier to be present to discuss the relocation of the Olmsted SWCD office and the board would also address the appointment of the vacant District 1 position. VIIIA. Hiawatha Resource Conservation & Development (RC&D) Report No report. VIIIB. Whitewater Joint Powers Board Report (WWJPB) John Keefe Not present. VIIIC. Zumbro Watershed Partnership (ZWP) - Steve Connelly Did not attend. VIIID. One Watershed One Plan Policy Committee Steve Connelly Steve attended the meeting on August 31 st in Preston. They continue to sort out governing capacity through memorandum of agreements or JPB s to capture the most funding. November 2 nd will be the next meeting. Skip shared the review of section 3 is taking longer than anticipated. It is a fairly detailed and a complicated plan. Coordination and the value of having something centrally located will be key in moving this forward. VIIIE. Environmental Commission Meeting - Steve Connelly Did not attend. VIIIF. Miscellaneous Next Meeting Date: October 22, 2015, 8:00 AM at the Olmsted County Government Center. IX. Adjourn: Andy moved to adjourn. Second was made to adjourn at 9:26 AM. Respectfully Submitted, Paul Uecker Chair 6