P.O. Box 757 Worthington, MN 56187-07574.3 Community Services Staff Recognition Community Services staff were recognized based on reviews done by oversight agencies. Staff included:

“In cooperation with our citizens, we improve the quality of life for individuals, families and communities by fostering a healthy economy and environment.”

“Looking Forward with Purpose”

COUNTY BOARD – PROPOSED AGENDA TUESDAY, FEBRUARY 18, 2020, 9:00 A.M.

1.0 Call to Order

2.0 Pledge of Allegiance 3.0 Approval of Agenda (Action)

4.0 Recognition

4.1 Visitors & Guests Welcome

5.0 Consent Agenda (Action) (9:00 a.m.)

Pg 3 5.1 February 04, 2020 Regular Meeting Minutes

Pg 7 5.2 Meetings & Conferences – Travel Expenses Paid

Pg 10 5.3 Auditor’s & Commissioner’s Warrants

6.0 Department Presentations

6.1 Public Works/Highway Department – Stephen Schnieder (9:05 a.m.)

Pg 85 A. Rural Street Lighting (Action)

Pg 86 B. Township Bridge Replacement Contract (Action)

Pg 88 C. Road Construction Materials Overweight Permit Update (Action)

Pg 89 D. City of Brewster Paving Agreement – Resolution 202008(Action)

6.2 Auditor-Treasurer – Joyce Jacobs (9:25 a.m.)

Pg 92 A. Township Road Allocation (Action)

6.3 Assessor – Valerie Ruesch (9:30 a.m.)

Pg 94 A. County Board of Appeal and Equalization Meeting for the 2020 Assessment (Action)

Board of Commissioners Phone: 507-295-5201

Fax: 507-372-8363 [email protected]

315 Tenth Street P.O. Box 757 Worthington, MN 56187-0757

6.4 Human Resources – Sue Luing (9:35 a.m.)

Pg 95 A. Law Clerk Position Classification (Action)

Pg 99 B. Personnel Policy P-237 Drug & Alcohol Testing for Commercial Drivers (Action)

7.0 Administration Presentation – Tom Johnson (9:45 a.m.)

Pg 123 7.1 W.E.L.L. Lobbyist (Action)

Pg 124 7.2 Northland Securities – LPRW Bond Refunding (Action)

Pg 129 7.3 Dorsey Whitney – LPRW Bond Refunding (Action)

Pg 132 7.4 Lincoln Pipestone Rural Water Bond Refunding – Resolution 202009(Action)

Pg 156 7.5 Heron Lake Watershed District Levy Authority Increase (Action)

Pg 157 7.6 Heron Lake Watershed District Bonding Authority (Action)

Pg 158 7.7 Doom & Cuypers Change Order (Action)

8.0 Inter-Agency Reports / Announcements (Information)

Pg --- 8.1 Committee and Board Reports

Pg 160 8.2 Correspondence

Pg 205 8.3 Calendar 9.0 Closed Session

Pg --- 9.1 County Administrator – Annual Performance Evaluation

10.0 Other / Future Business W.E.L.L. Community Open House Thursday February 20, 2020 4:00 p.m. – 7:00 p.m. Worthington Fire Department – 830 2nd Avenue Worthington, MN 56187

Commissioners at your Café Tuesday February 25, 2020 9:00 a.m. – 10:00 a.m. Ecumen Meadows – 1807 College Way Worthington, MN 56187 AMC Legislative Conference Wednesday February 26 – 27, 2020 InterContinental Hotel St. Paul, MN 11.0 Adjournment (Action)


“Looking forward with purpose.”

COMMISSIONER BRIEFING

February 4, 2020 Meeting Minutes

Consent Agenda

Recommendation: Approve the February 4, 2020 Regular Meeting Minutes by approving the Consent Agenda. Attachments: February 4, 2020 Draft Regular Meeting Minutes

Page 1 of 3

OFFICIAL PROCEEDINGS OF BOARD OF COMMISSIONERS OF NOBLES COUNTY,

MINNESOTA

The Board of Commissioners of Nobles County met in regular session on Tuesday, February 4, 2020, in the Commissioners Room, at the Nobles County Government Center, Worthington,

Minnesota. The following Commissioners were in attendance: Justin Ahlers, Gene Metz, Matt Widboom, Robert S. Demuth and Donald Linssen.

The meeting was called to order by Chairperson Ahlers at 9:00 A.M. followed by the Pledge of

Allegiance.

1.0 Call to Order 2.0 Pledge of Allegiance 3.0 Approval of Agenda

VOTING It was duly passed to approve the agenda with the addition of item 6.1. Motion by: Metz, Gene Seconded by: Widboom, Matt 4.0 Recognition 4.1

Visitors & Guests Welcome

4.2 Excellence in Performance Dan Diekmann, Nobles County Highway Maintenance Worker was presented the January 2020 Excellence in Performance award. 4.3 Community Services Staff Recognition Community Services staff were recognized based on reviews done by oversight agencies. Staff included: Chemical Dependency Assessments: Darci Goedtke, Kristin Habben and Rachel Ellison Child Support Services: Stephani Diekmann, Colleen Houselog, Geralda Pedersen and Sara Henderson Public Health Emergency Preparedness: Michelle Ebbers, Peter Ekadu and Cindy Fredrickson. 5.0 Consent Agenda 5.1

January 21, 2020 Regular Meeting Minutes Attachments: January 21, 2020 Draft Regular Meeting Minutes

5.2 Meetings & Conferences – Travel Expenses Attachments: Travel Expenses paid January 31, 2020 Travel Expenses paid Board January 31, 2020

5.3 PCard/Auditor's Warrants Attachments: Accounts Payable Summary Auditor’s Warrants

VOTING It was duly passed to approve the Consent Agenda. Moved by: Linssen, Donald Seconded by: Demuth, Robert S.

Page 2 of 3

6.0 Special Presentation – Randy Thompson Randy Thompson, Executive Director of Worthington Housing and Redevelopment Authority (HRA) presented the board with information regarding the HRA program and administrative funding gaps that are being experienced. 6.1 Special Parking Request – Josh Dale Josh Dale, Activities Director at ISD518, presented the board with a request to lift the no parking restriction along Crailshiem Road in front of the Learning Center/Gymnastics Facility on February 15th because of a regional gymnastics meet that will bring hundreds of spectators to the area. The parking lot at the Learning Center is not big enough to hold all of the anticipated vehicles. It was requested to lift the current No Parking along the road to allow vehicles to park and walk to the facility. VOTING It was passed to allow parking on Saturday February, 15th along Crailshiem Drive. Moved by: Widboom, Matt Seconded by: Metz, Gene In Favor: Widboom, Matt; Metz, Gene; Demuth, Robert S.; Ahlers, Justin Opposed: Linssen, Donald 7.0 Department Presentation 7.1 Public Works/Highway – Stephen Schnieder 7.1 (A) Concrete Pavement Adrian Shop

Attachments: Advertisement for Bids

Stephen Schnieder presented the board with information regarding advertising for bids for replacement concrete at the Adrian Public Works shop. The existing pavement is in poor condition and in need of replacement. It was recommended to the board to approve the advertisement for bids. VOTING It was duly passed to approve the advertisement for bids for paving at the Adrian Shop Moved by: Metz, Gene Seconded by: Demuth, Robert S. 7.2 Community Services – Stacie Golombiecki 7.2 (A) Request for Temporary Increase to Full Time Status Stacie Golombiecki presented the board with a request to increase two registered nurses who are currently 4/5th time employees to full time due to staff shortages. The two employees are agreeable to the temporary change which would be for approximately two months each – February 24-April 17 and April 20-June 12, 2020. VOTING It was duly passed to approve the request and temporarily increase to full time status for two 4/5th time nursing positions. Moved by: Widboom, Matt Seconded by: Linssen, Donald 8.0 Administration Presentation – Tom Johnson 8.1 Accountant Office Space Tom Johnson, Administrator, presented the board with a quote from Woodbury Construction to create an office for the Accountant in the Finance Department. VOTING It was duly passed to award the contract to Woodbury Construction for the amount of $2,273.00. Moved by: Demuth, Robert S. Seconded by: Met, Gene 8.2 Out of State Travel Approval Mr. Johnson presented information regarding Commissioner Metz traveling to Washington, D.C. on behalf of the BRRRA board with Ellis & Eastern Rail. VOTING

Page 3 of 3

Commissioner Metz recused himself for the vote. It was duly passed to approve the out of state travel for Commissioner Metz. Moved by: Linssen, Donald Seconded by: Widboom, Matt 9.0 Inter-Agency Reports/Announcements 9.1 Committee and Board Reports District V - Commissioner Linssen – Reported on the Solid Waste meeting and how the

glass recycling market is down. Also reported on was the Transit board – where it was discussed that Avera had donated an amount of money to purchase city bus tokens. District IV - Commissioner Demuth – Nobles County Historical Society Steering Committee met and is working on fundraising. WREDC has hired a firm to re-assess their needs and goals. County Administration – Bruce Heitkamp reported on a Mutual Aid grant that was applied for and was successfully awarded for $25,000. District I - Commissioner Ahlers – Reported on the HLWD board and their interest to increase their levy authority. District II - Commissioner Metz – Reported on the SMOC meeting and their interest to create a schooling system for migrant workers in the area. The Rural MN Energy board and their discussions on garbage burning facilities that create energy. District III - Commissioner Widboom – No Report.

9.2 Correspondence Attachments: Recruitment Update

9.3

Calendar Attachments: Commissioners Calendar February 2020

10.0 Other / Future Business NEON Thursday February 6, 2020 - 5:30 p.m. – 7 p.m. Biotechnology Advancement Center – 1527 Prairie Drive Worthington, MN 56187 Commissioners at your Café Tuesday February 25, 2020 - 9:00 a.m. – 10:00 a.m. Ecumen Meadows – 1807 College Way Worthington, MN 56187 11.0 Adjournment VOTING It was duly passed to adjourn the meeting at 10:22 A.M. Moved by: Demuth, Robert S. Seconded by: Metz, Gene

(Chairperson) (County Administrator)




Meetings & Conferences – Travel Expenses

Consent Agenda Recommendation: Approve the travel expenses paid February 14, 2020 by approving the Consent Agenda. Attachments: Travel Expenses paid February 14, 2020

14-Feb-20

Employee Taxable Non-Tax

Number Date Name Department Meeting/Conference Expenses Expenses Per Account CodeDiem

782 01/26-01/31/2020 Pospisil, Linda Assessor Training, Chanhassen $166.25 01-103-6205

384 01/29-02/04/2020 Berkevich, Monette Jail5th District Meeting - St James, Mental Health Meeting - Luverne $8.54 $88.35 01-250-251-6201

21 01/27-01/31/2020 Henderschiedt, Kathy Public Works MOWA Conference - Mankato $120.75 01-105-6201

540 11/24-12/31/2019 Frederickson, CynthiaCommunity ServicesPCA, MnChoices - Worthington, Bigelow, Adrian $52.20 05-450-455-6201

540 11/24-12/31/2019 Frederickson, CynthiaCommunity Services ECSE Health History - Rushmore $13.34 05-450-471-6201

396 01/03-01/27/2020 Abrahamson, Angela Community ServicesClient Contact - Worthington, Luverne, Ellsworth $71.54 Community Services

648 01/03-01/30/2020 Bechler, Danette Community Services

Client Visit - Worthington, Adrian/Ellsworth, Minneapolis, Rushmore/Adrian, Court - Worthington, Brewster, Transport/Client Visit - Worthington, Luverne, Adrian, Ellsworth $14.62 $106.95 Community Services

170 01/03-01/16/2020 Ehret, Tami Community ServicesHome Visits, Staffing, Atrium - Worthington, Adrian, Ellsworth $67.16 Community Services

170 11/26-12/11/2019 Ehret, Tami Community Services Home Visits, Court - Worthington $9.16 Community Services

406 10/1-12/11/2019 Habben, Kristin Community Services Drug Court, Client Contact - Worthington $23.78 $11.60 Community Services

713 04/01-08/26/2019 Johnson, Jean Community Services

Case Management - Willmar, Round Lake Assessment - Lismore, Round Lake, Sioux Falls $279.52 Community Services

713 10/01-12/31/2019 Johnson, Jean Community Services

Case Management - Adrian, Sioux Falls, Sauk Rapids, Training - St Cloud, New Hope $75.40 $293.28 Community Services

460 01/27-01/28/2020 Palaschak, Lisa Community Services Training, Shakopee $228.17 Community Services

549 01/20-01/30/2020 Pomrenke, Teresa Community Services Home Visits - Worthington $23.00 Community Services

153 01/01-01/22/2020 Radtke, Blaine Community Services Client Contact, Meeting - Worthington $13.25 Community Services

663 12/3-12/31/2019 Van Gorp, Rachel Community ServicesClient Contact, Assessment - Worthington $36.08 Community Services

663 11/08-11/21/2019 Van Gorp, Rachel Community Services Client Contact - Worthington, Marshall $67.48 Community Services

683 01/15-01/24/2020 Willardson, Dulce Community Services

Social Security Administration - Sioux Falls, N. Bishop Ave - Rushmore, Heron Lake High School, Brewster School, Prairie Lakes Youth Program - Willmar, MN $224.80 Community Services

Travel Expenses Paid - Nobles County

Page 1 of 1

Travel Expenses Paid - Nobles County Board

Employee Taxable Non-Tax Per Number Date Name Dept Meeting/Conference Expenses Expenses Diem Account Code

571 12//17/19 - 01/31/2020 Metz, Gene Board

Commissioners Meeting - Worthington, EIP - Worthington, CPT - Morris, NEON - Worthington, Dist 8 Land Use - Slayton, BRRRA - Luverne, KLR - Adrian, City Counsel - Ellsworth, SMOC - Worthington, RMEB - Slayton, Work Session - Worthington, 1W1P - Luverne $472.58 01-002-6201

571 12//17/19 - 01/31/2020 Metz, Gene Board

EIP - Worthington, CPT - Morris, NEON - Worthington, Dist 8 Land Use - Slayton, BRRRA - Luverne, KLR - Adrian, City Counsel - Ellsworth, SMOC - Worthington, RMEB - Slayton, 1W1P - Luverne $975.00 01-002-6105

Total $0.00 $472.58 $975.00

GRAND TOTAL $1,447.58

14-Feb-20




Auditor’s Warrants

Consent Agenda Recommendation: Approve the Auditor’s Warrants totaling $1,385,492.42 by approving the Consent Agenda. Attachments: Accounts Payable Summary Auditor’s Warrants

“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.” “Looking forward with purpose”

General Fund (01)

January 31, 2020 ………………………………………………………………………………………… $390,378.40

February 3, 2020………………………………………………………………………………………… $1,607.75

February 4, 2020………………………………………………………………………………………… $1,090.75

February 5, 2020………………………………………………………………………………………… $1,089.18

February 6, 2020………………………………………………………………………………………… $608.75

February 7, 2020………………………………………………………………………………………….... $285,124.90

February 10, 2020………………………………………………………………………………………… $76,418.46

Total per fund $756,318.19

Public Works Fund (03)

Jnuary 31, 2020 …………………………………………………………………………………………….. $192,871.11

February 7, 2020 …………………………………………………………………………………………….. $19,298.30

Total per Fund $212,169.41

TO: Board of Commissioners FROM: Tom Johnson, County Administrator DATE: February 10, 2020 SUBJECT: Accounts Payable Summary

The following Auditor’s Warrants have been authorized for payment:

ADMINISTRATION INTEROFFICE

MEMORANDUM

Environmental Services (04)

January 31, 2020……………………………………………………………………………………………. $630.30

February 7, 2020……………………………………………………………………………………………. $742.74


Family Services Fund (05)

Community Services Administration

January 24, 2020…………………………………………………………………………………………….. $155.00

January 27, 2020…………………………………………………………………………………………….. $4,995.06

January 30, 2020…………………………………………………………………………………………….. $350.84

January 31, 2020…………………………………………………………………………………………….. $17,386.83

February 3, 2020…………………………………………………………………………………………….. $652.00

February 5, 2020 …………………………………………………………………………………………….. $400.00

February 6, 2020 …………………………………………………………………………………………….. $174,636.53

February 7, 2020 …………………………………………………………………………………………….. $55.80

Community Services Social Services

January 24, 2020…………………………………………………………………………………………….. $6,101.09

January 30, 2020…………………………………………………………………………………………….. $65,375.76


Parks (06)

January 31, 2020 ………………………………………………………………………………………....... $77.00

February 7, 2020 ………………………………………………………………………………………....... $827.80

Total per fund $904.80

Building Fund (11)

January 31, 2020………………………………………………………………………………….. $4,971.70


Library Fund (21)

January 31, 2020……………………………………………………………………………………………. $3,160.65

February 7, 2020……………………………………………………………………………………………. $1,278.87


Ditch Fund (24)

January 31, 2020 …………………………………………………………………………………………..... $34,768.10


Forfeited Property Fund (29)

February 7, 2020 …………………………………………………………………………………………....... $150.00

Total Per Fund $150.00

Debt Service Fund (35)

February 7, 2020 …………………………………………………………………………………………..... $100,288.75





Rural Street Lighting Public Works

Stephen Schnieder Time needed: 10 Minutes

Issue: Rural Street lighting was installed in 2019 at intersections with state highways and paved County State Aid Highways. Lights were also installed at intersections on higher volume County State Aid Highways. The public response has been very positive. Discussion: There are several intersections on higher volume roads that do not have lighting. CSAH 35 between Adrian and Worthington, and east of Worthington, and CSAH 1 from Brewster to Dundee. There are 4 intersections on CSAH 35 and 6 intersections on CSAH 1 without lighting. Doing additional lighting will help increase safety and provide a service that is supported by the public. Funding for the County State Aid Highway system was increased by approximately $757,000 in 2020. On average it is estimated that each intersection will cost around $16,000. Doing additional rural lighting each year would provide increase service to the public at a manageable rate. Options: Continue to install rural intersection lighting. Authorize the completion of lighting on CSAH 35 and installing lighting on CSAH 1 north of Brewster. Do not install any additional intersection lighting at this time. Recommendation: It is the recommendation to continue to install intersection lighting, and to do CSAH 35 and CSAH 1 in 2020.




Township Bridge Replacement Contract Public Works


Issue: Two township bridges were approved for funding to be replaced. The bid opening was held on February 6, 2020 with two bids being submitted. The low bid was $491,133.90 and the other bid was $507,369.90. The engineer’s estimate was $496,957.00. Discussion: These two bridges were bid last year and were significantly higher in cost. There was a backlog in projects due to the wet conditions and the manufacturing of the pipe was behind schedule resulting in higher prices. This time it was more competitive even if there was only two bidders. Options: Award the contract to Midwest Contracting of Marshall, MN the lowest responsible bidder. Reject the bids and rebid again. Recommendation: Award the contract to Midwest Contracting of Marshall, MN, the lowest responsible bidder, in the amount of $491,133.90.




Road Construction Materials Overweight Permit Update

Public Works Stephen Schnieder

Time needed: 5 Minutes

Issue: Permits for hauling overweight road construction materials was approved by the county board with a review of the impacts to the roadways after two years. Discussion: The overweight permit for construction materials was approved with the review of the permit impact after two years. There have been limited requests for the road construction materials special permit. The permits have been primarily from local contractors and contractors performing work for the county. There has been no noticeable impact to the paved road system due to the increased truck weights. The gravel roads were impacted by the wet spring conditions the past two years. The problems cannot be attributed to the heavier loads. The lighter loads on gravel roads displayed the same problems Options: Continue issuing road construction materials special permits. Do not issue the permits. Issue the permits but only on 10 ton paved roads. Recommendation: It is the recommendation to continue allowing the road construction materials special permits with the Public Works Director having the discretion on whether to issue the permits.




City of Brewster Paving Agreement Public Works


Issue: Nobles County is planning on a bituminous paving project in the City of Brewster in 2020. The City of Brewster would like to include their work under the county contract. Discussion: Nobles County has permitted other governmental entities to include their paving work on the county contract to obtain lower prices. The costs incurred by the county are billed back to the city. The city retains the right to drop their project from the contract. Options: Approve the agreement with the City of Brewster. Do not approve the agreement. Recommendation: It is the recommendation that the agreement with the City of Brewster be approved.

RESOLUTION NO. 202008

BE IT RESOLVED, By the Nobles County Board of Commissioners that the Chairperson and the Administrator be authorized to enter into an agreement with the City of Brewster for bituminous surfacing in 2020 and that such Agreement be part of this Resolution.

CERTIFICATION

STATE OF MINNESOTA )

(SS

NOBLES OF COUNTY )

I, Tom Johnson, Administrator of said Nobles County, do hereby certify that I have compared the Foregoing copy with the original resolution adopted by the County Board on the 18th day of February , 2020, and now remaining on file in my office and that the same is a correct transcript there from and the whole of such original. Witness may hand and official seal this day of , 2020

SEAL

Tom Johnson, County Administrator Nobles County, Minnesota



February 18th, 2020

Township Road Allocation Auditor - Treasurer

Joyce Jacobs 10 minutes

Issue: As per MN Statute 162.081 Subd. 4, Money apportioned to a county from the town road account must be distributed to the treasurer of each town within the county, according to a distribution formula adopted by the county board. Distribution of the town road funds to each town treasurer must be made by March 1, annually, or within 30 days after receipt of payment from the commissioner. Discussion: The County Board must consider each town’s levy, its population, town road mileage and other factors considered advisable to the interest of achieving equity among the towns. The current distribution formula used to allocate funds considers each town’s:

1.) Levy 2.) Population 3.) Road mileage

Options:

1.) Continue with the current distribution 2.) Choose to distribute the funds by allocating the funds based on a new formula.

Recommendation: Approve payment to the Nobles County Townships based on the previously approved formula considering each town’s levy, population and road mileage. See attached for proposed distribution details. K:\Joyce\Board Considerations 2020\2 18 2020 Township Road Allocation.docx

20202010 Town Proposed Total 2020 Amount to be Town Road

Eligible Township Road Township Grand % of Town Road held for Sign Funds to be Township Population Mileage Tax Rate Total Total Funds Maintenance Distributed

Bigelow 373 37.100 5.693 78.78 7.23% $39,905.62 $109.13 $39,796.49Bloom 158 42.500 8.180 54.93 5.04% $27,818.03 $76.08 $27,741.95

Dewald 254 38.000 4.215 40.68 3.73% $20,587.55 $56.30 $20,531.25

Elk 253 47.200 5.331 63.66 5.84% $32,233.59 $88.15 $32,145.44

Graham Lakes 218 35.300 8.497 65.39 6.00% $33,116.70 $90.57 $33,026.13

Grand Prairie 206 41.200 6.633 56.3 5.17% $28,535.56 $78.04 $28,457.52

Hersey 219 45.000 6.482 63.88 5.86% $32,343.98 $88.45 $32,255.53

Indian Lake 232 34.500 7.027 56.24 5.16% $28,480.36 $77.89 $28,402.47

Larkin 188 34.000 3.972 25.39 2.33% $12,860.32 $35.17 $12,825.15

Leota 390 44.000 4.854 83.29 7.64% $42,168.60 $115.32 $42,053.28

Lismore 175 38.500 5.683 38.29 3.51% $19,373.27 $52.98 $19,320.29

Little Rock 211 46.000 4.766 46.26 4.24% $23,402.47 $64.00 $23,338.47

Lorain 297 36.500 4.802 52.06 4.78% $26,382.97 $72.15 $26,310.82

Olney 205 42.300 5.806 50.35 4.62% $25,499.86 $69.74 $25,430.12

Ransom 230 38.700 4.850 43.17 3.96% $21,857.02 $59.77 $21,797.25

Seward 208 47.400 5.525 54.47 5.00% $27,597.25 $75.47 $27,521.78

Summit Lake 323 42.000 2.668 36.19 3.32% $18,324.57 $50.11 $18,274.46

Westside 218 43.000 6.289 58.95 5.41% $29,860.22 $81.66 $29,778.56Wilmont 184 43.400 4.005 31.98 2.93% $16,171.99 $44.23 $16,127.76Worthington 328 36.400 7.514 89.71 8.23% $45,425.06 $124.23 $45,300.85

TOTALS 4870 813.000 N/A 1089.97 100.00% $551,945.00 $1,509.43 $550,435.57

2020 TOWN ROAD ALLOCATION

K:\Joyce\Road Allocation\2020 TOWN ROAD ALLOCATION - Proposal for Board 2 18 2020



County Board of Appeal and Equalization Meeting for the 2020 assessment Assessor

Valerie Ruesch 5 min.

Issue: Determining the date for the County Board of Appel and Equalization meeting for the 2020 assessment Discussion: The board may meet on any 10 consecutive meeting days in June, after the second Friday in June. No action taken by the County Board of Appeal and Equalization after June 30th is valid, except for corrections that are clerical in nature or changes that extend homestead treatment until the tax extension date for that assessment year. Options: The board recommends a date for the County Board of Appeal and Equalization meeting for the 2020 assessments. Recommendation: Recommends to the County Board to set the County Board of Appel and Equalization meeting date for the 2020 assessment on June 16, 2020 at 6:00pm located in the County Commissioner’s Board room.




Law Clerk Position Classification Human Resources

Sue Luing 5 min.

Issue: The attorney office has 2 vacant Assistant County Attorney positions. Discussion: There has been resignations of 2 Assistant County Attorneys. We have advertised for replacements but are having difficulty obtaining quality applicants. Many greater Minnesota counties have similar issues. Joe Sanow, County Attorney would like to create a new position of Law Clerk that would allow us to hire an individual that has their law degree but have not passed the MN Bar Exam yet. If approved, we could hire an individual that meets the Law Clerk minimum qualifications. That individual would assist the County Attorney’s office in conducting research and writing tasks, making limited court appearances where permitted, and generally assisting the current attorneys. A law clerk may have the opportunity for promotion into a vacant Assistant County Attorney position once they have passed the MN State Bar Exam and are licensed to practice. It generally takes 5 months from graduation to licensure. George reviewed the job description and assigned the points as reflected below Law Clerk – Points – 328 Level 14 in our compensation system. Options: Approve the Job description and associated point values. Take no action. Recommendation: Approve the Law Clerk job description and associated point value. Attachment: Position Description 1213 Law Clerk

Position Title: Law Clerk Pay Level: 14 Date: February 2020

Department: Attorney FLSA: Exempt Reports To: County Attorney

PURPOSE OF POSITION: The Law Clerk is intended to develop familiarity with the Nobles County Attorney’s Office and stakeholders, assisting the County Attorney and Assistant County Attorneys while awaiting admission to the Minnesota Bar. SCOPE OF JOB: The Law Clerk provides support to County Attorney’s Office by applying her or his legal knowledge and skills to assist the attorneys. ESSENTIAL DUTIES AND RESPONSIBILITIES The following duties are normal for this job. These are not to be construed as exclusive or all-inclusive. Other duties may exist or come to exist in statute or be required and assigned. Work is performed in accordance with applicable federal, state and local laws, applicable rules, the accepted standards and practices of legal and ethical behavior and the accepted standards and practices of public administration and the policies established by the County Attorney.

Prepares witnesses and evidence that may be presented in evidentiary hearings or other preliminary hearings, administrative hearings, adjudication hearings, dispositional hearings, court trials, jury trials and post-trial proceedings such as sentencing and revocation hearings;

Drafts letters requesting or providing information, offering or responding to settlement offers, etc;

Drafts complaints, petitions, legal memoranda, appellate briefs, motions, proposed findings and orders, and other assorted legal documents in a variety of both civil and criminal cases; doing legal research when necessary and incorporating, when appropriate, legal research as well as facts and reports provided by law enforcement, social workers or other stakeholders;

Oversees and directs case-specific work of legal assistants and secretaries;

Attends preliminary court hearings and pre-trials as directed by the attorneys;

Attends contested court hearings and jury trials and post-conviction or post-adjudication hearings, as directed by the attorneys;

Receives and reviews, among other items, various reports, documents, and forms, including, police reports, witness/victim statements, welfare workers’ reports, evidence, professional reports, court date notices, probation letters, stipulations, subpoenas, policy documents, and proposed court orders;

Performs research or gathers information from professional sources of new legislation, each year, in all aspects of the Assistant County Attorney I responsibilities and follows or enforces changes in statutes in many areas, including criminal, juvenile, family law, extraditions, and all other areas of practice.

Serves an important communication role for the County Attorney’s Office.

Discusses and advises law enforcement personnel and social workers on pending investigations; reviews police reports, witness statements, and assesses sufficiency of evidence;

Educates and trains law enforcement personnel in relevant areas of criminal and constitutional law;

Responds to questions from peace officer’s and social workers and other stakeholders regarding procedural and legal issues;

1213

POSITION DESCRIPTION

Nobles County Position Description -Law Clerk 1213 Discusses existing or potential cases with police, victims, witnesses, county stakeholders, and

experts; negotiates existing cases with opposing counsel in an effort to resolve all legal matters before jury or court trials; discusses cases with other legal experts;

Discusses existing cases with probation agents and other professionals to gather information to present at sentencing, disposition, review, or revocation proceedings;

Discusses with office staff office procedures involved in the County Attorney’s office, including, but not limited to: scheduling matters, disclosure of evidence to opposing counsel, disclosure of witness statements, tapes and other pertinent information in criminal cases, family cases, commitment cases, child support, and paternity cases;

Interacts with Court Administrator’s office scheduling matters, case filings, emergency hearings on commitments, juvenile protection and juvenile detention hearings, and judicial conflict cases;

Attends various other meetings; responds to questions from the general public; speaks to students, welfare workers, doctors, civic groups, and other groups on different aspects of the law and the legal system.

Assists in advising and representing County departments and the County Board in a wide variety of corporate and civil matters.

Delivers presentations to the County Board on legal issues, budget matters, caseload synopsis, etc.;

Assists the County Attorney and Assistant County Attorneys in researching and preparing legal opinions for the County Board and other county offices.

Performs work based on expected standards.

Exercises teamwork with other county employees and management in carrying out the shared mission of serving the public;

Follows workplace safety rules and notifies management of observed risks in a timely manner;

Maintains the confidentiality of data that is protected by law. ADDITIONAL DUTIES AND RESPONSIBILITIES Performs other related duties as assigned and allowed or required by the law. MINIMUM QUALIFICATIONS The job requires a Juris Doctorate from an accredited law school. The Law Clerk must register for the first Minnesota State Bar Examination held following her or his date of hire. Individuals hired as a law clerk must pass the bar on their first attempt. Failure to pass the bar is grounds for dismissal. Upon admission to the bar, the Law Clerk may be eligible to apply for any current or future assistant county attorney openings. The job also requires a driver’s license in order to attend local and regional meetings and appointments. KNOWLEDGE, SKILLS, AND ABILITIES REQUIRED

Ability to exercise independent decision making within the parameters of the law and the exercise of good judgment;

Versatility to assist in multiple legal areas, both civil and criminal;

Skill in language, law and computers necessary to produce reports and the variety of legal pleadings associated with the caseload outlined above (including appellate briefs) with proper format, punctuation, spelling and grammar, using all parts of speech;

Skill to utilize mathematical formulas; add and subtract; multiply and divide totals; determine percentages; compute discount, interest, profit and loss, ratio and proportion; and interpret same, as may be appropriate;

Ability to use, or learn at a minimum MCAPS, Word, PowerPoint and other computer applications as may become necessary; Excellent interpersonal communication skills; ability to effectively interact with people (i.e. staff, general public, department heads, stakeholders, crime victims and witnesses and elected officials) beyond giving and/or receiving instructions to convey or exchange professional information;

Excellent problem-solving ability, as the job often requires a creative approach to matters where a solution is not necessarily pre-determined.

Nobles County Position Description -Law Clerk 1213

The job requires the ability to pay high attention to detail and the ability to prioritize multiple tasks and multiple deadlines on a daily basis

PHYSICAL AND ENVIRONMENTAL REQUIREMENTS: The Law Clerk must be physically able to operate a variety of machines and equipment including, but not limited to telephone (mobile and landline), computers in the various forms (PC, tablets, smart phones, etc.), facsimile machine, collator, paper shredder, and audio/video equipment. The Law Clerk must be physically capable of reaching to obtain various books, printouts, file boxes, computer paper, etc. Physical demand requirements are at levels of those for sedentary or office environment work. The Law Clerk must be able to physically attend and address others at court hearings and various meetings where the ability to react appropriately and effectively adjust to new information or a new line of reasoning must occur in real time. Work is normally performed in an office environment. There is intermittent exposure to driving in inclement weather. A Law Clerk may be on call after hours and may need to work after regular business hours to meet with trial witnesses, review search warrants, attend meetings, or complete other assigned tasks, particularly tasks with fixed deadlines. Signature Supervisor's Signature Date Date Nobles County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages prospective employees and incumbents to discuss potential accommodations with the employer.




Personnel Policy P-237 Drug & Alcohol Testing for Commercial Drivers

Human Resources Sue Luing

5 min.

Issue: Personnel policy P-237 Drug & Alcohol Testing for Commercial Drivers needs to be updated and is being presented for approval. Discussion: The Federal Motor Carrier Safety Administration (FMCSA) amended its regulations to establish a database that will contain information about violations of DOT/FMCSA drug and alcohol testing programs for holders of CDLs, including test results and test refusals. This database is called the Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse A.K.A. the “Clearinghouse.” The purpose behind forming the Clearinghouse and establishing regulations for employers regarding the Clearinghouse is to improve roadway safety by identifying and making readily available information regarding commercial motor vehicle drivers who have committed drug and/or alcohol violations that would render them ineligible to operate a CMV on behalf of a carrier or transportation company. Additionally, the regulations require ALL DOT/FMCSA-regulated employers to conduct a query of the Clearinghouse, pursuant to an electronic consent from an applicant, as part of the pre-employment driver investigation process, as well as a query for each current CDL driver employee on an annual basis. The policy was updated to contain language for the new requirements. This policy only applies to the Public Works department so I had sent it to Steve Schnieder for input. Options: Approve the personnel policy as presented. Make changes to the presented policy and approve Take no action Recommendation:

1. Approve the personnel policy as presented to be effective January 1, 2020.

Nobles County Personnel Policy ~ P-237 1

Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

P-237 Drug & Alcohol Testing for Commercial Drivers I. POLICY STATEMENT

Nobles County (the “County”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The County is concerned about providing a safe workplace for its employees, and while the County does not intend to intrude into the private lives of its employees, it is the goal to provide a work environment conducive to maximum safety and optimum work standards. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of County property. The use, possession, manufacture, sale, transportation, or other distribution of controlled substance or controlled substance paraphernalia and the unauthorized use, possession transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes public safety. In response to regulations issued by United States Department of Transportation (“DOT”), the County has adopted this Policy for employees who hold a commercial driver’s license (CDL) to perform their duties.

II. POLICY GUIDELINES

Given the significant dangers of alcohol and controlled substance use, each applicant and driver must abide by this policy as a term and condition of hiring and continued employment. Moreover, federal law requires the County to implement such a policy.

To ensure this policy is clearly communicated to all drivers and applicants, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and sign the “Certificate of Receipt” portion.

Because changes in applicable law and the County’s practices and procedures may occur from time to time, this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or guarantee the County will follow any particular course of action, disciplinary, rehabilitative or otherwise, except as required by law. This policy does not in any way affect or change the status of any at-will employee.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent over this policy to the extent the policy has not incorporated those revisions.

1. PERSONS SUBJECT TO TESTING All employees are subject to testing who job duties include performing “safety-sensitive duties” on County vehicles that: A. Have a gross combination weight rating or gross combination weight of

26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or

B. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds whichever is greater; or

C. Are designed to transport 16 or more passengers, including the driver; or D. Are of any size and are used in the transportation of materials found to be

hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

The following functions are considered safety-sensitive:

all time waiting to be dispatched to drive a commercial motor vehicle

all time inspecting, servicing, or conditioning a commercial motor vehicle

all time driving at the controls of the commercial motor vehicle

all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper berth)

all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle

all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle.

2. DEFINITIONS

Accident: Means an occurrence involving a commercial motor vehicle operating on a public road which results in a fatality; bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. The term “accident” does not include an occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence involving only the loading or


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

unloading of cargo; or an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. § 177.823; 49 C.F.R. § 382.303(a); 49 C.F.R. § 382.303(f).

Alcohol Concentration (or Content): Means the alcohol on a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49 C.F.R. § 382.107. Alcohol Use: Means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 49 C.F.R. § 382.107. Applicant: Means a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. Breath Alcohol Technician or BAT: Means an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT). 49 C.F.R. § 40.3. County: Means Nobles County. County Premises: Means all job sites, facilities, offices, buildings, structures, equipment, vehicles and parking areas, whether owned, leased, used or under the control of the County. Collection Site: Means a place designated by the County where drivers present themselves for the purpose of providing a specimen of their urine or breath to be analyzed for the presence of alcohol or controlled substances. 49 C.F.R. § 40.3. Commercial Motor Vehicle: Means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle (1) has a gross combination weight rating or gross combination weight of 26,001 or more pounds, whoever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or (2) has a


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater; or (3) is designed to transport sixteen (16) or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R. part 172, subpart F) § 382.107. Confirmation (or Confirmatory) Test: For alcohol testing means a second test, following a positive non-evidential test, following a positive non-evidential (e.g., saliva) screening test or a breath alcohol screening test with the result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substance testing, “Confirmation (or Confirmatory) Test” means a second analytical procedure to identify the presence of a specific controlled substance or metabolite which is independent of the screen test and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy. 49 C.F.R. § 382.107. Controlled Substance: Means those substances identified in 49 C.F.R. § 40.21(a). Marijuana, amphetamines, opiates, (including heroin), phencyclidine (PCP), cocaine, and any of their metabolites are included within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.21(a). Department of Transportation or DOT: Means the United States Department of Transportation. DHHS: Means the Department of Health & Human Services or any designee of the Secretary, Department of Health & Human Services. 49 C.F.R. § 40.3. Disabling Damage: Means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. Disabling damage does not include damage which can be remedied temporarily at the scene of the accident without special tools or parts, tire disablement without other damage even if no spare tire is available, headlight or tail light damage or damage to turn signals, horn or windshield wipers which make them inoperative. 49 C.F.R. § 382.107. Driver:


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

Means any person who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors who are either directly employed by or under lease to the County or who operate a commercial motor vehicle at the direction of or with the consent of the County. For purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. Drug: Has the same meaning as “controlled substance.” Employee seeking a transfer: refers to an employee who is not subject to DOT regulations seeking a transfer to a position that will subject them to DOT regulations in the sought-after position. Evidential Breath Testing Device or EBT: Means a device approved by the National Highway Traffic Safety Administration (“NHTSA”) for the evidential testing of breath and placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices.” 49 C.F.R. § 40.3. Federal Motor Carrier Safety Administration or FMCSA: Means the Federal Motor Carrier Safety Administration of the United States Department of Transportation. Medical Review Officer or MRO: Means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a controlled substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3 Performing (a Safety-Sensitive Function): Means any period in which a driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. 49 C.F.R. § 382.107. Positive Test Result: Means a finding of the presence of alcohol or controlled substance, or their metabolites, in the sample tested in levels at or above the threshold detection levels established by applicable law.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

Reasonable Suspicion: Means a belief a driver has engaged in conduct prohibited by the FMCSA controlled substance and alcohol testing regulations, except when related solely to the possession of alcohol, based on specific contemporaneous, articulable observations made by a supervisor or County official who has received appropriate training concerning the appearance, behavior, speech or body odors of the driver. The determination of reasonable suspicion will be made in writing on a Reasonable Suspicion Record Form during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy. In the case of a controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. Safety-Sensitive Function: Means all time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work. Safety-sensitive functions include:

All time at a County plant, terminal, facility, or other property, or on any public property,

waiting to be dispatched, unless the driver has been relieved from duty by the employer;

All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;

All time spent at the driving controls of a commercial motor vehicle in operation;

All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § 393.76);

All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and

All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 49 C.F.R. § 382.107.

Screening Test (also known as Initial Test): In alcohol testing, “Screening Test” means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in her or her system. Screening tests may be conducted by utilizing a non-evidential screening device included by the National Highway Traffic Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained breath alcohol technician (“BAT”). In


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

controlled substance testing, “Screening Test” means an immunoassay screen to eliminate “negative” urine specimens form further consideration. 49 C.F.R. § 382.107. Substance Abuse Professional” or “SAP”: Means a licensed physician (medical doctor or doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or certified employee assistance professional, or licensed or certified addiction counselor (certified by the National Association of Alcoholism and Controlled Substance Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. 49 C.F.R. § 40.281.

3. TYPES OF TESTING

The County may test any applicant to whom a conditional offer of employment has been made and any driver for controlled substance and alcohol under any of the following circumstances:

A. Pre-Employment Testing. All applicants, including current employees seeking a transfer, applying for a position where duties include performing safety-sensitive duties described above, will be required to take a drug test prior to the first time a driver performs a safety-sensitive function for the County. A driver may not perform safety-sensitive functions unless the driver has received a controlled substance test result from the Medical Review Officer (“MRO”) indicating a verified negative test result. In addition to pre-employment controlled substance testing, applicants will be required to authorize in writing former employers to release alcohol test results of .04 or greater, positive controlled substance test results, refusals to test, other violations of drug and alcohol testing regulations, and completion of return to duty requirements within the preceding three years.

The County will contact the candidate’s DOT regulated previous and current employers within the last three years for drug and alcohol test results as referenced above. Applicants must execute a consent form authorizing the County to obtain the required information. The County will obtain (pursuant to the applicant’s written consent) information on the applicant’s alcohol test with a concentration result of 0.04 or greater, positive controlled substance test results, and refusals to be tested within the preceding three (3) years which are maintained by the applicant’s previous employers. The County will obtain all information concerning the applicant which is maintained by the applicant’s previous employers within the preceding three (3) years pursuant to DOT and FMCSA controlled substance and alcohol testing regulations. The County will


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

review such records, if feasible, prior to the first time a driver performs safety-sensitive functions.

B. Post-Accident Testing. As soon as practicable following an accident involving a commercial motor vehicle operating on a public road, the County will test each surviving driver for controlled substances and alcohol when the following occurs:

The accident involves a fatality or

The driver receives a citation for a moving traffic violation from the accident and an injury is treated away from the accident scene or

The driver receives a citation for a moving traffics violation from the accident and a vehicle is required to be towed from the accident scene.

The following chart summarizes when DOT post-accident testing needs to be

conducted:

Type of accident involved

Citation issued to the DOT covered

CDL driver?

Test must be performed

by the County

i. Human fatality

YES YES

NO YES

ii. Bodily injury with immediate medical treatment away from the scene

YES YES

NO NO

iii. Disabling damage to any YES YES

motor vehicle requiring tow NO NO away

A driver subject to post-accident testing must remain readily available or the driver will be deemed to have refused to submit to testing. This requirement to remain ready for testing does not preclude a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary medical care.

C. Post-Accident Controlled Substance Testing Drivers are required to submit a urine sample for post-accident controlled substance testing as soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the County will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not promptly administered.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

D. Post-Accident Alcohol Testing Drivers are required to submit to post-accident alcohol testing as soon as possible. After an accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two (2) hours after the accident, the County will prepare and maintain on file a record stating why the test was not administered within that time. If eight hours have elapsed since the accident and the driver has not submitted to an alcohol test, the County will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered.

The County may accept the results of a blood or breath test in place of an alcohol test and urine test for the use of controlled substances if:

The tests are conducted by federal, state, or local officials having independent authority for the test, and

The tests conform to applicable federal, state, or local testing requirements, and

The test results can be obtained by the County. Whenever such a test is conducted by a law enforcement officer, the driver must contact the County and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. E. Random Testing. Every driver will be subject to unannounced alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each driver who is notified of selection for random testing must cease performing safety-sensitive functions and report to the designated test site immediately. It is mathematically possible drivers may be selected, be picked, and be tested more than once, and others not at all. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver may be required to undergo the test when he or she returns to work. For 2017, federal law requires the County to test at a rate of at least twenty-five percent (25%) of its average number of drivers for controlled substance each year, and to test at a rate of at least ten percent (10%) of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

F. Reasonable Suspicion Testing. When a supervisor has reasonable suspicion to believe a driver has engaged in conduct prohibited by federal law or this policy, the County will require the driver to submit to an alcohol and/or controlled substance test. The County’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test will be based on “specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.” In the case of controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance.

The required observations for reasonable suspicion testing will be made by a supervisor or other person designated by the County who has received appropriate training in identification of actions, appearance and conduct of a driver which are indicative of the use of alcohol or controlled substance. These observations leading to an alcohol or controlled substance test, will be reflected in writing and signed by the supervisor who made the observations. The record will be retained by the County. The person who makes the determination that reasonable suspicion exists to conduct testing, will not be the person conducting the testing, which shall instead be conducted by another qualified person.

Alcohol testing is authorized only if the observations are made during, just before, or just after the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not administered within two (2) hours following the determination of reasonable suspicion, the County will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the County will prepare and maintain on file a record stating the reasons the alcohol test was not administered, and will cease attempts to conduct the alcohol test. Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the County permit the driver to perform or continue to perform safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the determination of reasonable suspicion. G. Return-to-Duty Testing.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

The County reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policy and collective bargaining agreements. Except as otherwise required by law, the County is not obligated to reinstate or requalify such drivers for a first positive test result. Should the County consider reinstatement of a DOT covered driver, the driver must undergo a Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety-sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. The employee is responsible for paying for all costs associated with the return-to-duty test. The controlled substance test will be conducted under direct observation. H. Follow-Up Testing. The County reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the County is not obligated to reinstate or requalify such drivers. Should the County reinstate a driver following a determination by a Substance Abuse Professional (SAP) that the driver is in need of assistance in resolving problems associated with alcohol use and/or use of controlled substance, the County will ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency of such follow-up testing will be directed by the SAP and will consist of at least six (6) tests in the first twelve (12) months following the driver’s return to duty. Follow-up testing will not exceed sixty (60) months from the date of the driver’s return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines such test is no longer necessary. The employee is responsible for paying for all costs associated with follow-up tests. Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive functions, or immediately prior to or after performing safety-sensitive functions. I. Cost of Required Testing.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

The County will pay for the cost of pre-employment, post-accident, random, and reasonable suspicion controlled substance and alcohol testing requested or required of all job applicants and employees. The driver must pay for the cost of all requested confirmatory re-tests, return-to-duty, and follow-up testing.

4. Prohibited Drug and Alcohol-Related Conduct The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations, and therefore constitutes violation of County policy. A. Under the influence of alcohol when reporting for duty or while on duty. No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home and placed on paid leave for hours missed from work. Note that in addition to the conduct prohibited by applicable DOT and FMCSA regulations, the County also maintains other applicable policies regarding drug and alcohol that are applicable to all employees. For specifics regarding those requirements, refer to the County Policy-238, Alcohol and other Drug Use. B. On-Duty Use of Alcohol. No driver may use alcohol while performing safety-sensitive functions. C. Pre-Duty Use of Alcohol. No driver may perform safety-sensitive functions within four (4) hours after using alcohol. If an employee has had alcohol within four hours they are to notify their supervisors before performing any safety-sensitive functions. D. Alcohol Use Following an Accident. No driver required to take a post-accident alcohol test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. E. Refusal to Submit to a Required Alcohol or Controlled Substance Test. No applicant or driver may refuse to submit to pre-employment, post-accident, random, reasonable suspicion or follow-up alcohol or controlled substance testing.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to and including termination. If an applicant refuses to submit to pre-employment controlled substance testing, any applicable conditional offer will be withdrawn. For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled substance test when the driver:

Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing.

Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing.

Fails to report for testing within a reasonable period of time, as determined by the County.

Fails to remain at a testing site until testing is complete.

In the case of directly observed or monitored collection, fails to permit observation or monitoring.

Fails or declines to take a second test as required by the County and/or collector.

Fails to undergo a medical examination as directed by the County pursuant to federal law.

Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process.

Engages in conduct that clearly obstructs the test process. F. Altering or attempting to alter a urine sample or breath test. A driver altering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample, will be subject to providing a specimen under direct observation. Both specimens will be subject to laboratory testing. In such case, the employee may be subject to immediate termination of employment and any job offer made to an applicant will be immediately withdrawn. G. Controlled Substance Use.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver in writing the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle. Drivers must forward this information regarding therapeutic controlled substance use to the County immediately after receiving any such advice. Having a medical marijuana card and/or a cannabis prescription from a physician does not allow anyone to use or possess that drug in the County’s workplace. The federal government still classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the urine or blood of an employee who performs safety-sensitive duties for the County. Employees are still subject to being tested under our policies, as well as for being disciplined, suspended or terminated after testing positive for cannabis while at work. H. Controlled Substance Testing. No driver may report for duty, remain on-duty or perform a safety-sensitive function if the driver tests positive for controlled substance. Note that in addition to the conduct prohibited by applicable DOT and FMCSA regulations, the County also maintains other applicable policies regarding drug and alcohol that are applicable to all employees. For specifics regarding those requirements, refer to the County Policy-238, Alcohol and other Drug Use.

5. COLLECTION AND TESTING PROCEDURES Drivers are required to report immediately upon notification to the collection site. For random tests conducted off site, employees may use a County vehicle to drive to the collection site. Drivers will be expected to provide a photo ID card for identification to the collection staff. All drivers will be expected to cooperate with collection site personnel request to remove any unnecessary outer garments such as coats, sweaters or jackets and will be required to empty their pockets. Collection personnel will complete a Federal Custody and Control Form (“CCF”) which drivers providing a sample will sign as well. A. Alcohol Testing. Employees will be tested for alcohol just before, during, or immediately following performance of a safety-sensitive function. If a driver is also taking a DOT controlled substance test, generally speaking, the alcohol test is completed before the urine collection process begins. Screening tests for alcohol concentration will be performed utilizing a non-evidential screening device included by the National Highway Traffic Safety Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

device (“EBT”) operated by a trained breath alcohol technician (“BAT”) at a collection site. An alcohol test usually takes approximately 15 minutes if the result is negative. If a driver’s first attempt is positive (with an alcohol concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g., cigarette, chewing gum) during this time. All confirmation tests will be conducted in a location that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration is considered a “negative” test result. If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to a physician to determine if the driver’s inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the County by the collection site staff. B. Controlled Substance Testing. The County will use a “split urine specimen” collection procedure for controlled substance testing. Collection of urine specimens for controlled substance testing will be conducted by an approved collector and will be conducted in a setting and manner to ensure the driver’s privacy. Controlled substance testing generally takes about 15 minutes. At the collection site, the driver will be given a sealed container and must provide at least 45 ml of urine for testing. Once the sample is provided the collection personnel will check the temperature and color and look for signs of contamination. The urine is then split into two separate specimen containers (A, or “primary,” and B, or “split”) with identifying labels and security seals affixed to both. The collection facility will be responsible for maintaining a proper chain of custody for delivery of the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient portion of any positive sample for testing and store that portion in a scientifically-acceptable manner for a minimum 365-day period. If an employee fails to provide a sufficient amount of urine to permit a controlled substance test (45 milliliters of urine), the collector will discard the insufficient specimen, unless there is evidence of tampering with that specimen. The collector will urge the driver to drink up to 40 ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days, an evaluation from a licensed physician,


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

acceptable to the MRO, who has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen. If the licensed physician concludes the driver has a medical condition, or with a high degree of probability could have, precluded the driver from providing a sufficient amount of urine, the County will consider the test to have been canceled. If a licensed physician cannot make such a determination, the County will consider the driver to have engaged in a refusal to test, and will take appropriate disciplinary action under this policy. The primary specimen is used for the first test. If the test is negative, it is reported to the MRO who then reports the result, following a review of the CCF Form for compliance, to the County. If the initial result is positive or non-negative, a “confirmatory retest” will be conducted on the primary specimen. If the confirmatory re-test is also positive, the result will be sent to the MRO. The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the driver directly, the MRO must contact the County who will direct the driver to contact the MRO.

6. REVIEW OF TEST RESULTS The MRO is a licensed physician with knowledge and clinical experience in substance abuse disorders, and is responsible for receiving and reviewing laboratory results of the controlled substances test as well as evaluating medical explanations for certain drug test results. Prior to making a final decision to verify a positive test result, the MRO will give the driver or the job applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a staff person under the MRO’s supervision, will contact the individual directly, on a confidential basis, to determine whether the individual wishes to discuss the test result. If the employee or job applicant wishes to discuss the test result:

The individual may be required to speak and/or meet with the MRO, who will review the individual’s medical history, including any medical records provided.

The individual will be afforded the opportunity to discuss the test results and to offer any additional or clarifying information which may explain the positive test result. If the employee or job applicant, believes a mistake was made at the collection site, at the labor, on a chain-of-custody form, or that the drug test results are caused by lawful substance use, the employee should tell the MRO.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

If there is some new information which may affect the original finding, the MRO may request the laboratory to perform additional testing on the original specimen in order to further clarify the results; and

A final determination will be made by the MRO that the test is either positive or negative, and the individual will be so advised.

If the MRO upholds the positive, adulterated or substituted drug determination, that test result will be provided to the County. There is no opportunity to explain a positive alcohol test provided in the DOT regulations. The driver can request the MRO to have the split specimen (the second “B” container) tested at the driver’s expense. This includes all costs that may be associated with the re-test. There is no split specimen testing for an invalid result. The driver has 72 hours after they have been notified of the positive result to make this request. If the employee requests an analysis of the split specimen, the MRO will direct the laboratory to send the split specimen to another certified laboratory for analysis. If an employee has not contacted the MRO within 72 hours, the employee may present information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the employee from making timely contact. If the MRO concludes there is legitimate explanation for the employee’s failure to contact within 72 hours, the MRO will direct the analysis of the split specimen. If the results of the split specimen are negative, the County may pay for all costs associated with the rest and there will be no adverse action taken against the employee or job applicant.

7. NOTIFICATION OF TEST RESULTS A. Employees. The County will notify a driver of the results of random, reasonable suspicion, and post-accident tests for controlled substance if the test results are verified positive, and will inform the driver which controlled substance or substances were verified as positive. Results of alcohol tests will be immediately available from the collection agent. B. Right to Confirmatory Retest. Within seventy-two (72) hours after receiving notice of a positive controlled substance test result, an applicant or driver may request through the MRO a re-analysis (confirmatory retest) of the driver’s split specimen. Action required by federal regulation as a result of a positive controlled substance test (e.g., removal


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

from safety-sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO will cancel the test. C. Dilute Specimens Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but less than or equal to 5 mg/dL. If the County receives information that a driver has provided a dilute negative specimen, the County will direct a recollection, pursuant to the MRO’s direction, under direct observation.

8. CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT

A. Job Applicants. Any applicable conditional offer of employment will be withdrawn from a job applicant or employee seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this policy. B. Employees. Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substance, as defined earlier in this policy, are subject to the following consequences:

1. Removal from Safety-Sensitive Functions No driver may perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law.

No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety-sensitive functions for the County, including driving a commercial motor vehicle, until the start of the driver’s next regularly scheduled duty, but not less than twenty-four (24) hours following administration of the test. Such a driver shall be removed from safety sensitive duties and escorted home; the driver should not drive home, but be escorted to his or her home. The driver will then be placed on paid leave for hours missed from work.

2. Notification of Resources Available


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

The County will advise each driver who has engaged in conduct prohibited by federal law or who has a positive alcohol or controlled substance test of the resources available to the driver, in evaluating and resolving problems associated with the misuse of alcohol and use of a controlled substance, including the names, addresses, and telephone numbers of Substance Abuse Professionals and counseling and treatment programs. The County will provide this SAP listing in writing at no cost to the driver, including but not limited to the County’s EAP.

3. Discipline The County reserves the right to impose whatever discipline the County deems appropriate in its sole discretion, up to and including termination for a first occurrence, against drivers who violate applicable DOT or FMCSA regulations or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the County is not obligated to reinstate or requalify such drivers following a first positive confirmed controlled substance or alcohol test result. Note that in addition to the conduct prohibited by applicable DOT and FMCSA regulations, the County also maintains other applicable policies regarding drug and alcohol that are applicable to all employees. For specifics regarding those requirements, refer to the County Policy-238, Alcohol and other Drug Use. Additionally, nothing in this Policy limits or restricts the right of Nobles County to discipline or discharge an employee for conduct which violates Nobles County policies or rules provided the employee is not tested for controlled substances or alcohol.

4. Evaluation, and Return to Duty Testing Should the County wish to consider reinstatement of a driver who engaged in conduct prohibited by federal law and/or who had a positive alcohol or controlled substance test, the driver must undergo a SAP evaluation, participate in any prescribed education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety-sensitive function. The SAP will determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use and will ensure the driver properly follows any rehabilitation program and submits to unannounced follow-up alcohol and controlled substance testing.

5. Follow-Up Testing

If the driver passes the return-to-duty test, he/she will be subject to unannounced follow-up alcohol and/or controlled substance testing. The


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

number and frequency for such follow-up testing will be as directed by the SAP and will consist of at least six tests in the first twelve months. These tests will be conducted under direct observation.

6. Refusal to test

All drivers and applicants have the right to refuse to take a required alcohol and/or controlled substance test. If an employee refuses to undergo testing, the employee will be considered to have tested positive and may be subject to disciplinary action, up to and including termination. Refer to Refusing to Test provided earlier in this policy.

7. Responsibility for Cost of Evaluation and Rehabilitation

Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services provided by a Substance Abuse Professional) recommended or required by the County or FMCSA or DOT rules, except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the County pursuant to a collective bargaining agreement.

9. NOTIFICATION OF CHANGE OF CDL STATUS REQUIRED Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees are required to notify their supervisor immediately if the status of their CDL license changes in anyway. If an employee has their CDL license privileges suspended or revoked, they shall not be permitted to return to work until such time as the license is reinstated. Such employees may also be subjected to disciplinary action, up to and including termination of their employment with the County.

10. COMMERCIAL DRIVER’S LICENSE DRUG AND ALCOHOL

CLEARINGHOUSE

Beginning January 6, 2020, employers of CDL drivers subject to the DOT drug and alcohol testing rules will be required to submit reports to the new DOT Clearinghouse. The Clearinghouse is an electronic database containing records of violations of drug and alcohol prohibitions in subpart B of part 382. Such violations include positive drug or alcohol test results, refusals, and other drug and alcohol violations for drivers required to have a commercial driver’s license (CDL). When a driver completes the return-to-duty process, this information must also be reported to the Clearinghouse.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

FMCSA employers will be required to both query information to request drug and alcohol testing histories from previous employers (going back three years) and report to the Clearinghouse beginning January 6, 2020. The purpose of the Clearinghouse is to offer employers a centralized location to report drug and alcohol program violations, and enable employers to identify drivers who commit a drug or alcohol program violation while working for one employer, but who fail to subsequently inform another employer. Specifically, the Clearinghouse will allow covered employers to check that no current or prospective employee is prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation (such as CDL holders with positive drug and alcohol test results, who refused required drug and alcohol tests, or who have not successfully completed the return-to-duty process). Employers of drivers who are subject to both the DOT/FMCSA’s CDL licensing requirements (found in 40 CFR pt 383) and the DOT/FMCSA’s drug and alcohol testing requirements (as described in 40 CFR pt 382) (i.e., drivers who perform safety-sensitive functions, such as driving a Commercial Motor Vehicle) will be required to report information to the Clearinghouse. That includes public sector employers, unless a specific exception applies (such as, for example, the exception for firefighters, ambulance drivers, and police). Employers of these drivers will be required to report the following information to the Clearinghouse by the close of the third business day following the date on which the employer obtained the information:

A DOT alcohol confirmation test result with an alcohol concentration of .04 or greater.

A negative DOT return-to-duty test result;

The driver’s refusal to submit to a DOT test for drug or alcohol use;

An “Actual knowledge” violation as defined in 40 CFR pt 382; and

A report that the driver successfully completed all DOT follow-up tests as ordered by an SAP.

Records of drug and alcohol program violations will remain in the Clearinghouse for five years, or until the driver has completed the return-to-duty process, whichever is later. Employers will also be required to query the Clearinghouse before hiring new drivers, and to query the Clearinghouse at least once a year for current drivers to determine whether current employees have incurred drug or alcohol violations while working for another employer. See consent form for authorization of limited queries.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

10.11. MAINTENANCE AND DISCLOSURE OF RECORDS Except as required or authorized by law, the County will not release driver’s information that is contained in records required to be maintained by this policy or FMCSA and DOT regulations. In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of alcohol or a controlled substance, including any records pertaining to his or her alcohol or controlled substance tests.

11.12. POLICY CONTACT FOR ADDITIONAL INFORMATION Nobles County’s designated contact person (or alternate) will coordinate the implementation, direction, and administration of this Policy. The contract person (or alternate) is the principal contact for the collection site, the testing lab, the MRO, the BAT, and the person tested. Employee questions concerning this policy should be directed to the contact person (or alternate). The designated contact person: Name: Sue Luing Position: Human Resource Director/Deputy County Administrator Phone: 507-295-5202 The alternate designated contact person: Name: Tom Johnson Position: County Administrator Phone: 507-295-5204 12.13. POLICY MODIFICATION Nobles County retains the right to modify this Policy to conform to changes in regulation or law.


Adopted: 04/03/18

Supersedes: 02/22/00, 05/19/98

General Consent for Limited Queries of the Federal

Motor Carrier Safety Administration (FMCSA) Drug and

Alcohol Clearinghouse

I, ________________________________, hereby provide consent to Nobles County to conduct a

limited query of the FMCSA Commercial Driver’s License Drug and Alcohol Clearinghouse

(Clearinghouse) to determine whether drug or alcohol violation information about me exists in the

Clearinghouse.

This limited consent form will remain valid for the duration of my employment with Nobles

County for the purpose of conducting the required employer queries in the FMCSA Clearinghouse.

I understand that if the limited query conducted by Nobles County indicates that drug or alcohol

violation information about me exists in the Clearinghouse, FMCSA will not disclose that

information to Nobles County without first obtaining additional specific consent from me.

I further understand that if I refuse to provide consent for Nobles County to conduct a limited

query of the Clearinghouse, Nobles County must prohibit me from performing safety-sensitive

functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and

alcohol program regulations.

____ ___________________________ _____________________________

Employee Signature Date

_______________________________________ ______________________________

Driver’s License Number State DL Issued from




February 18, 2020 W.E.L.L. Lobbyist

Tom Johnson, Administration

Issue: The Advisory Committee for the W.E.L.L. project recommends contracting for a Lobbyist to support our bonding request. Discussion: The state bonding request for $16MM is in the system, meeting all requirements for the request. Both Senate and Housing Committees have visited Worthington to better understand the request. The Governor has included the project on his list. Rep. Hamilton has drafted the accompanying bill and jacketed it to Sen. Weber in the Senate. A lobbyist will follow all related activities and keep the request active, communicate any opportunities and increase the possibility of the project receiving bond funding from the state, though not guarantee success. Proposed costs were provided ranging from $20,000.00 to $35,000.00. The preferred firm proposed a fee of $20,000.00, was involved in the Lewis & Clark process and has a positive review from AMC staff. All three Administrators will be involved in the final negotiation. The Advisory Committee for the project recommends a split of costs as follows: City 20% County 40% School 40% Options: Approve Administration to negotiate and enter into an agreement with the selected lobbyist firm for the 2020 legislative session. Do not approve Recommendation: The W.E.L.L. Advisory Committee recommends contracting a Lobbyist for the 2020 legislative session.




February 18, 2020

Northland Securities - LPRW Bond Refunding Tom Johnson, Administration

Issue: Northland Securities requires a Municipal Advisory Service Agreement to manage the bond refunding process for the LPRW Refunding. Discussion: Northland Securities has teamed with LPRW to plan for a refunding of General Obligation Water Revenue Bonds, Series 2013A to G.O. Water Revenue Bonds, Series 2020A. As we previously issued these older bonds, Nobles County is again the appropriate agency to issue the new bonds. Northland Securities needs authorization to complete the process. Options: Approve the agreement as proposed for the LPRW Bond Refunding, Series 2020A. Do not approve Recommendation: Administration recommends approving the agreement as proposed for the LPRW Bond Refunding, Series 2020A.




February 18, 2020

Dorsey Whitney - LPRW Bond Refunding Tom Johnson, Administration

Issue: Dorsey requires a Service Agreement as our bond counsel to act as our legal counsel for the bond refunding process for the LPRW Refunding. Discussion: Dorsey has been our bond counsel for all recent bond issues. It is appropriate to use them for a refunding of General Obligation Water Revenue Bonds, Series 2013A to General Obligation Water Revenue Bonds, Series 2020A. As we previously issued these older bonds, Nobles County is again the appropriate agency to issue the new bonds. Dorsey needs authorization to act as our bond counsel for this issue. Options: Approve the agreement as proposed for the LPRW Bond Refunding, Series 2020A. Do not approve Recommendation: Administration recommends approving the agreement with Dorsey as proposed for the LPRW Bond Refunding, Series 2020A.




February 18, 2020

LPRW Bond Refunding Tom Johnson, Administration

Issue: Lincoln Pipestone Rural Water is requesting to refund the General Obligation Water Revenue Bond Series 2013A and issue new bonds as General Obligation Water Revenue Bonds, Series 2020A. Discussion: Northland Securities has teamed with LPRW to plan for a refunding of General Obligation Water Revenue Bonds, Series 2013A to General Obligation Water Revenue Bonds, Series 2020A. As we previously issued these older bonds, Nobles County is again the appropriate agency to issue the new bonds. The expected savings for LPRW is greater than $200K by taking this action. The first step in this process for this board is to set a sale date, recommended by Northland Securities to be held on Tuesday, February 18, 2020 in the Nobles County Commissioners Board Room. Options: Approve setting a resolution for the sale date of the bonds as recommended. Do not approve Recommendation: Administration recommends passing a resolution setting the sale date as Tuesday, February 18, 2020 in the Nobles County Commissioners Board Room at the 9 AM regular board meeting.

Finance Plan

Nobles County, Minnesota

$2,185,000

General Obligation Water Revenue Refunding Bonds, Series 2020A

February 18, 2020

150 South 5th Street, Suite 3300

Minneapolis, MN 55402

612-851-5900 800-851-2920

www.northlandsecurities.com

Member FINRA and SIPC | Registered with SEC and MSRB

Contents Executive Summary

Issue Overview

Purpose

Authority

Structure

Security and Source of Repayment

Plan Rationale

Issuing Process

Attachment 1 – Preliminary Debt Service Schedule

Attachment 2 – Preliminary Debt Service Savings

Attachment 3 – Related Considerations

Bank Qualification

Arbitrage Compliance

Continuing Disclosure

Premiums

Rating

Attachment 4 – Calendar of Events

Attachment 5 - Risk Factors

Northland Securities, Inc. Page 1

Executive Summary

The following is a summary of the recommended terms for the issuance of $2,185,000 General Obligation Water Revenue Refunding Bonds, Series 2020A (the “Bonds” or “2020A Bonds”). Additional information on the proposed finance plan and issuing process can be found after the Executive Summary, in the Issue Overview and Attachment 3 – Related Considerations.

Purpose Proceeds from the Bonds will be used to current refund the County’s General Obligation Water Revenue Refunding Bonds, Series 2020A on April 28, 2020.

Security The Bonds will be a general obligation of the County. The County will pledge for payment of the Bonds:

• Special assessments collected from benefitted properties.

• Net revenues of the Lincoln Pipestone Rural Water System.

Repayment Term The Bonds will mature annually each March 1 in the years 2021 - 2032. Interest on the Bonds will be payable on September 1, 2020 and semiannually thereafter on each March 1 and September 1.

Refunding Summary Estimated Savings: Gross savings $227,058 Net Present Value $210,562 Net PV Percent 8.80% Other Factors: No change in the debt structure is proposed.

Estimated Interest Rate Average coupon: 1.30% True interest cost (TIC): 1.42%

Prepayment Option Bonds maturing on and after March 1, 2029 will be subject to redemption on March 1, 2028 and any day thereafter at a price of par plus accrued interest.

Rating A rating will be requested from Standard and Poor’s (S&P). The County’s general obligation debt is currently rated "AA+" by S&P.

Tax Status The Bonds will be tax-exempt, bank qualified obligations.

Risk Factors There are certain risks associated with all debt. Risk factors related to the Bonds are discussed in Attachment 5.

Type of Bond Sale Public Sale – Competitive Bids

Proposals Received Monday, March 23, 2020 @ 11:00 A.M.

Board Consideration Tuesday, March 24, 2020 @ 9:00 A.M.


Issue Overview

Purpose

Proceeds from the Bonds will be used to current refund the County’s General Obligation Water Revenue Refunding Bonds, Series 2013A (the “2013A Bonds”) on April 28, 2020. The Bonds have been sized based on the outstanding 2013A Bonds. The table below contains the sources and uses of funds and preliminary interest rates for the bond issue.

Authority

The Bonds will be issued pursuant to the authority of Minnesota Statutes, Chapter 475 and Section 116A.20.

Structure

The Bonds have been structured to result in relatively level annual debt service savings over the life of the Bonds, which preserves the original structure of the 2013A Bonds.

The proposed structure for the bond issue and preliminary debt service projections are illustrated in Attachment 1. Preliminary savings projections are illustrated in Attachment 2.

Security and Source of Repayment

The Bonds will be general obligations of the County. The finance plan relies on the following assumptions for the revenues used to pay debt service, as provided by County staff:

• Utility Revenues. Net revenues of the Lincoln Pipestone Rural Water System will be pledged for payment of the Bonds. The System will covenant to institute rates and charges that are sufficient to produce net revenues, when combined with special assessments, equal to at least 105% of the debt service requirements on the Bonds. In the event there is a deficiency in the amount of net revenues available for payment of debt service, the County may levy taxes to cover the insufficiency, but only on a temporary basis until rates are adjusted.

• Special Assessments. The County levied special assessments against benefited properties when the Bonds were first issued in 2006. The outstanding revenues will also be applied towards debt service on the new Bonds.

Plan Rationale

The Finance Plan recommended in this report is based on a variety of factors and information provided by the County related to the financed project and County objectives, Northland’s knowledge of the County and our experience in working with similar counties and projects. The issuance of General Obligation Water Revenue Refunding Bonds provides the best means of achieving the County’s objectives and cost effective financing. The County has successfully issued and managed this type of debt for previous projects.

Sources Of Funds Par Amount of Bonds $2,185,000.00

Total Sources $2,185,000.00

Uses Of Funds Total Underwriter's Discount (0.750%) 16,387.50

Costs of Issuance 45,500.00

Deposit to Current Refunding Fund 2,120,300.57

Rounding Amount 2,811.93

Total Uses $2,185,000.00


Issuing Process

Northland will receive bids to purchase the Bonds on Monday, March 23, 2020 at 11:00 AM. Market conditions and the marketability of the Bonds support issuance through a competitive sale. This process has been chosen as it is intended to produce the lowest combination of interest expense and underwriting expense on the date and time set to receive bids. The calendar of events for the issuing process can be found in Attachment 4.

Municipal Advisor: Northland Securities, Inc., Minneapolis, Minnesota

Bond Counsel: Dorsey & Whitney, LLP, Minneapolis, Minnesota

Paying Agent: Northland Trust Services, Inc., Minneapolis, Minnesota


Attachment 1 – Preliminary Debt Service Schedule

Date Principal Coupon Interest Total P+I Fiscal Total

04/28/2020 - - - - -

09/01/2020 - - 8,747.52 8,747.52 -

03/01/2021 175,000.00 0.900% 12,801.25 187,801.25 196,548.77

09/01/2021 - - 12,013.75 12,013.75 -

03/01/2022 175,000.00 0.900% 12,013.75 187,013.75 199,027.50

09/01/2022 - - 11,226.25 11,226.25 -

03/01/2023 175,000.00 0.950% 11,226.25 186,226.25 197,452.50

09/01/2023 - - 10,395.00 10,395.00 -

03/01/2024 175,000.00 0.950% 10,395.00 185,395.00 195,790.00

09/01/2024 - - 9,563.75 9,563.75 -

03/01/2025 175,000.00 1.000% 9,563.75 184,563.75 194,127.50

09/01/2025 - - 8,688.75 8,688.75 -

03/01/2026 180,000.00 1.050% 8,688.75 188,688.75 197,377.50

09/01/2026 - - 7,743.75 7,743.75 -

03/01/2027 180,000.00 1.150% 7,743.75 187,743.75 195,487.50

09/01/2027 - - 6,708.75 6,708.75 -

03/01/2028 185,000.00 1.200% 6,708.75 191,708.75 198,417.50

09/01/2028 - - 5,598.75 5,598.75 -

03/01/2029 190,000.00 1.250% 5,598.75 195,598.75 201,197.50

09/01/2029 - - 4,411.25 4,411.25 -

03/01/2030 190,000.00 1.400% 4,411.25 194,411.25 198,822.50

09/01/2030 - - 3,081.25 3,081.25 -

03/01/2031 190,000.00 1.550% 3,081.25 193,081.25 196,162.50

09/01/2031 - - 1,608.75 1,608.75 -

03/01/2032 195,000.00 1.650% 1,608.75 196,608.75 198,217.50

Total $2,185,000.00 - $183,628.77 $2,368,628.77 -

Date And Term Structure Dated 4/28/2020

Delivery Date 4/28/2020

First available call date

Call Price -

Yield Statistics Bond Year Dollars $14,139.04

Average Life 6.471 Years

Average Coupon 1.2987356%

Net Interest Cost (NIC) 1.4146381%

True Interest Cost (TIC) 1.4173620%

All Inclusive Cost (AIC) 1.7653889%


Attachment 2 – Preliminary Debt Service Savings

Date Total P+I Net New D/S Old Net D/S Savings

03/01/2021 196,548.77 193,736.84 215,056.26 21,319.42

03/01/2022 199,027.50 199,027.50 216,681.26 17,653.76

03/01/2023 197,452.50 197,452.50 218,000.00 20,547.50

03/01/2024 195,790.00 195,790.00 214,000.00 18,210.00

03/01/2025 194,127.50 194,127.50 214,600.00 20,472.50

03/01/2026 197,377.50 197,377.50 215,062.50 17,685.00

03/01/2027 195,487.50 195,487.50 214,962.50 19,475.00

03/01/2028 198,417.50 198,417.50 214,712.50 16,295.00

03/01/2029 201,197.50 201,197.50 218,862.50 17,665.00

03/01/2030 198,822.50 198,822.50 217,687.50 18,865.00

03/01/2031 196,162.50 196,162.50 215,375.00 19,212.50

03/01/2032 198,217.50 198,217.50 217,875.00 19,657.50

Total $2,368,628.77 $2,365,816.84 $2,592,875.02 $227,058.18

PV Analysis Summary (Net to Net) Gross PV Debt Service Savings..................... 207,750.11

Net PV Cashflow Savings @ 1.295%(Bond Yield)..... 207,750.11

Contingency or Rounding Amount.................... 2,811.93

Net Present Value Benefit $210,562.04

Net PV Benefit / $2,392,750.11 PV Refunded Debt Service 8.800%

Net PV Benefit / $2,110,000 Refunded Principal... 9.979%

Net PV Benefit / $2,185,000 Refunding Principal.. 9.637%


Attachment 3 – Related Considerations

Bank Qualification

We understand the County (in combination with any subordinate taxing jurisdictions or debt issued in the County’s name by 501(c)3 corporations) anticipates issuing $10,000,000 or less in tax-exempt debt during this calendar year. Therefore the Bonds will be designated as “bank qualified” obligations pursuant to Federal Tax Law.

Arbitrage Compliance

The Bonds are expected to qualify for the “6-month spending” exemption related to arbitrage rebate.

Other aspects of arbitrage regulations will apply to the investment of bond proceeds and the debt service fund.

The County should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Resolution for the Bonds prepared by Bond Counsel explains the requirements in greater detail.

Continuing Disclosure

Type: Full Dissemination Agent: Northland Securities

The requirements for continuing disclosure are governed by SEC Rule 15c2-12. The primary requirements of Rule 15c2-12 actually fall on underwriters. The Rule sets forth due diligence needed prior to the underwriter’s purchase of municipal securities. Part of this requirement is obtaining commitment from the issuer to provide continuing disclosure. The document describing the continuing disclosure commitments (the “Undertaking”) is contained in the Official Statement that will be prepared to offer the Bonds to investors.

The County has more than $10,000,000 of outstanding debt and is required to undertake “full” continuing disclosure. Full disclosure requires annual posting of the audit and a separate continuing disclosure report, as well as the reporting of certain “material events.” Material events set forth in the Rule, including, but not limited to, bond rating changes, call notices, and issuance of “financial obligations” (such as PFA loans, leases, or bank placements) must be reported within ten business days of occurrence. The report contains annual financial information and operating data that “mirrors” material information presented in the Official Statement. The specific contents of the annual report will be described in the Undertaking that appears in the appendix of the Official Statement. Northland currently serves as dissemination agent for the County, assisting with the annual reporting. The information for the Bonds will be incorporated into our reporting.

Premiums

In the current market environment, it is likely that bids received from underwriters will include premiums. A premium bid occurs when the purchaser pays the County an amount in excess of the par amount of a maturity in exchange for a higher coupon (interest rate). The use of premiums reflects the bidder’s view on future market conditions, tax considerations for investors and other factors. Ultimately, the true interest cost (“TIC”) calculation will determine the lowest bid, regardless of premium.


A premium bid produces additional funds that can be used in several ways:

• The premium means that the County needs less bond proceeds and can reduce the size of the issue by the amount of the premium.

• The premium can be deposited in the Debt Service Fund and used to pay principal and interest.

Northland will work with County staff on the sale day to determine use of premium (if any).

Rating

A rating will be requested from Standard and Poor’s (S&P). The County’s general obligation debt is currently rated "AA+" by S&P. The rating process will include a conference call with the rating analyst. Northland will assist County staff in preparing for and conducting the rating call.


Attachment 4 – Calendar of Events

Date Action Responsible Party

February 11 Set Sale Resolution Sent to County for Board Packets Finance Plan Sent to the County

Northland, Bond Counsel

February 18 Set Sale Resolution Adopted

County Board Action

February 19 Preliminary Official Statement Sent to County for Sign Off and to Rating Agency

Northland, County

February 24 Lincoln Pipestone Rural Water Adopts Resolution Pledging Revenues and Maintaining Rates for New Bonds

Lincoln Pipestone Rural Water Board Action

Week of March 2

Rating Call Northland, County, Rating Agency

March 13 Rating Received Northland, County, Rating Agency

March 23 Bond Sale – 11:00 AM

Northland

March 24 Awarding Resolution Adopted – 9:00 AM County Board Action, Northland, Bond Counsel

April 28 Closing on the Bonds (Proceeds Available and 2013A Bonds Called)

Northland, County, Bond Counsel

February 2020 March 2020

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat

1 1 2 3 4 5 6 7

2 3 4 5 6 7 8 8 9 10 11 12 13 14

9 10 11 12 13 14 15 15 16 17 18 19 20 21

16 17 18 19 20 21 22 22 23 24 25 26 27 28

23 24 25 26 27 28 29 29 30 31

April 2020 May 2020

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 1 2

5 6 7 8 9 10 11 3 4 5 6 7 8 9

12 13 14 15 16 17 18 10 11 12 13 14 15 16

19 20 21 22 23 24 25 17 18 19 20 21 22 23

26 27 28 29 30 24 25 26 27 28 29 30

31


Attachment 5 - Risk Factors

Special Assessments: Changes in the terms and timing for the actual assessments will alter the projected flow of funds for payment of debt service on the Bonds. Also, special assessments may be prepaid. It is likely that the income earned on the investment of prepaid assessments will be less than the interest paid if the assessments remained outstanding. Delinquencies in assessment collections would reduce revenues needed to pay debt service. The collection of deferred assessments (if any) have not been included in the revenue projections. Projected assessment income should be reviewed annually and adjusted as needed.

Utility Revenues: The County also pledges the net revenues of the Lincoln Pipestone Rural Water System to the payment of principal and interest on the Bonds. The failure to adjust rates and charges as needed and the loss of significant customers will affect available net revenues. If the net revenues are insufficient, the County is required to levy property taxes or use other revenues to cover the deficiency. Property taxes can only be used on a temporary basis and may not be an ongoing source of revenue to pay debt service.

General: In addition to the risks described above, there are certain general risks associated with the issuance of bonds. These risks include, but are not limited to:

• Failure to comply with covenants in bond resolution.

• Failure to comply with Undertaking for continuing disclosure.

• Failure to comply with IRS regulations, including regulations related to use of the proceeds and arbitrage/rebate. The IRS regulations govern the ability of the County to issue its bonds as tax-exempt securities and failure to comply with the IRS regulations may lead to loss of tax-exemption.


Lincoln Pipestone Rural Water Current Refunding of the $2,910,000 General Obligation Water Revenue

Refunding Bonds, Series 2013A (Nobles County) (Preliminary Information)

Issuance of $2,185,000 General Obligation Water Revenue Refunding Bonds, Series 2020A (Nobles County)

• The new bonds would current refund the 2021-2032 maturities of the General Obligation Water Revenue Refunding Bonds, Series 2013A.

Refunding Analysis

Bond Size

$ 2,185,000

Final Maturity 2013A Bonds

2032

Final Maturity NEW Bonds

2032

Remaining Average Coupon 2013A Bonds

3.34%

Average Coupon NEW Bonds

1.30%

Total Net Debt Service Reduction

$ 227,058

Total Net Present Value Savings

$ 210,562

Average Annual Debt Service Savings

$ 18,921

Net Present Value Savings %

8.80%

CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2020A

Issuer: Nobles County, Minnesota Governing Body: Board of County Commissioners Kind, date, time and place of meeting: A regular meeting held on February 18, 2020, at 9:00 a.m. at the County offices in Worthington, Minnesota. Members present: Members absent: Documents Attached:

Minutes of said meeting (pages):


RESOLUTION RELATING TO GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2020A; AUTHORIZING THE ISSUANCE AND CALLING FOR THE SALE THEREOF

NOTICE OF SALE

I, the undersigned, being the duly qualified and acting recording officer of the public

corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law.

WITNESS my hand officially as such recording officer this 18th day of February, 2020.

County Administrator

Commissioner __________________ introduced the following resolution and moved its adoption, which motion was seconded by Commissioner __________________:


RESOLUTION RELATING TO GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2020A; AUTHORIZING THE ISSUANCE AND CALLING FOR THE SALE THEREOF

BE IT RESOLVED by the Board of Commissioners (the “Board”) of Nobles County,

Minnesota (the County), as follows: SECTION 1. Purpose. It is hereby determined to be in the best interests of the County to issue its General Obligation Water Revenue Refunding Bonds, Series 2020A (the “Bonds”), in the approximate aggregate principal amount of $2,185,000, pursuant to Minnesota Statutes, Chapter 475 and Section 116A.20, to currently refund the March 1, 2021 through March 1, 2032 maturities (the “Refunded Bonds”) of the County’s $2,910,000 General Obligation Water Revenue Refunding Bonds, Series 2013A, dated, as originally issued, as of December 1, 2013 (the “Series 2013A Bonds”), aggregating $2,110,000 in outstanding principal amount. The Series 2013A Bonds were issued to currently refund the County’s General Obligation Water Revenue Refunding Note of 2006 (Lincoln Pipestone Rural Water System). The Refunded Bonds will be redeemed on April 28, 2020 (the “Redemption Date”), at a price of par plus accrued interest to the Redemption Date. SECTION 2. Terms of Proposal. Northland Securities, Inc., municipal advisor to the County, has presented to this Board a form of Notice of Sale for the sale of the Bonds which is attached hereto and hereby approved and shall be placed on file by the County Administrator. Each and all of the provisions of the Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Northland Securities, Inc. is hereby authorized to solicit proposals for the Bonds on behalf of the County on a competitive basis. SECTION 3. Sale Meeting. This Board shall meet at the time and place shown in the Notice of Sale, for the purpose of considering sealed proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the County. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted.

NOTICE OF SALE

$2,185,000* GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2020A

NOBLES COUNTY, MINNESOTA

(Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms:

TIME AND PLACE: Proposals (also referred to herein as “bids”) will be opened by the County’s Administrator, or designee, on Monday, March 23, 2020, at 11:00 A.M., CT, at the offices of Northland Securities, Inc. (the County’s “Municipal Advisor”), 150 South 5th Street, Suite 3300, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the County Board at its meeting at the County Offices beginning Tuesday, March 24, 2020 at 9:00 A.M., CT.

SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities, Inc., b) faxed to Northland Securities, Inc. at 612-851-5918, c) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to

Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-5915, or d) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY™, or its successor, in the manner described below, until 11:00 A.M., CT, on Monday, March 23, 2020. Proposals may be submitted electronically via PARITY™ or its successor, pursuant to this Notice until 11:00 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITY™, or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITY™, or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal at 1359 Broadway, 2nd floor, New York, NY 10018, telephone 212-849-5021. Neither the County nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITY™ or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the County to purchase the Bonds regardless of the manner in which the Proposal is submitted.

BOOK-ENTRY SYSTEM The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede

* The County reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be

made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread.

& Co. as nominee of Depository Trust Company (“DTC”), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the County through Northland Trust Services, Inc., Minneapolis, Minnesota (the “Paying Agent/Registrar”), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The County will pay reasonable and customary charges for the services of the Paying Agent/Registrar.

DATE OF ORIGINAL ISSUE OF BONDS Date of Delivery (Estimated to be April 28, 2020)

AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and Section 116A.20, as amended. Proceeds will be used to current refund the County’s General Obligation Water Revenue Refunding Bonds, Series 2013A on April 28, 2020. The Bonds are payable from special assessments against benefitted properties and net revenues of the Lincoln Pipestone Rural Water System. The full faith and credit of the County is pledged to their payment and the County has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue.

INTEREST PAYMENTS Interest is due semiannually on each March 1 and September 1, commencing September 1, 2020, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding such interest payment date.

MATURITIES

Principal is due annually on March 1, inclusive, in each of the years and amounts as follows:

Year Amount Year Amount Year Amount Year Amount

2021 $175,000 2024 $175,000 2027 $180,000 2030 $190,000 2022 175,000 2025 175,000 2028 185,000 2031 190,000 2023 175,000 2026 180,000 2029 190,000 2032 195,000

Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above.

INTEREST RATES

All rates must be in integral multiples of 1/20th or 1/8th of 1%. The rate for any maturity may not be more than 1.00% less than the rate for any preceding maturity. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity.

ESTABLISHMENT OF ISSUE PRICE

(HOLD-THE-OFFERING PRICE RULE MAY APPLY – BIDS NOT CANCELLABLE)

In order to establish the issue price of the Bonds for federal income tax purposes, the Issuer requires bidders to agree to the following, and by submitting a bid, each bidder agrees to the following.

If a bid is submitted by a potential underwriter, the bidder confirms that (i) the underwriters have offered or reasonably expect to offer the Bonds to the public on or before the date of the award at the offering price (the “initial offering price”) for each maturity as set forth in the bid and (ii) the bidder, if it is the winning bidder, shall require any agreement among underwriters, selling group agreement, retail distribution agreement or other agreement relating to the initial sale of the Bonds to the public to which it is a party to include provisions requiring compliance by all parties to such agreements with the provisions contained herein. For purposes hereof, Bonds with a separate CUSIP number constitute a separate “maturity,” and the public does not include underwriters of the Bonds (including members of a selling group or retail distribution group) or persons related to underwriters of the Bonds.

If, however, a bid is submitted for the bidder’s own account in a capacity other than as an underwriter of the Bonds, and the bidder has no current intention to sell, reoffer, or otherwise dispose of the Bonds, the bidder shall notify the Issuer to that effect at the time it submits its bid and shall provide a certificate to that effect in place of the certificate otherwise required below.

If the winning bidder intends to act as an underwriter, the Issuer shall advise the winning bidder at or prior to the time of award whether (i) the competitive sale rule or (ii) the “hold-the-offering price” rule applies, as described in the following paragraph.

If the Issuer advises the winning bidder that the requirements for a competitive sale have not been satisfied and that the hold-the-offering price rule applies, the winning bidder shall (1) upon the request of the Issuer confirm that the underwriters did not offer or sell any maturity of the Bonds to any person at a price higher than the initial offering price of that maturity during the period starting on the award date and ending on the earlier of (a) the close of the fifth business day after the sale date or (b) the date on which the underwriters have sold at least 10% of that maturity to the public at or below the initial offering price; and (2) at or prior to closing, deliver to the Issuer a certification substantially in the form attached hereto as Exhibit A, together with a copy of the pricing wire.

If the Issuer advises the winning bidder that the requirements for a competitive sale have been satisfied and that the competitive sale rule applies, the winning bidder will be required to deliver to the Issuer at or prior to closing a certification, substantially in the form attached hereto as Exhibit B, as to the reasonably expected initial offering price as of the award date.

Any action to be taken or documentation to be received by the Issuer pursuant hereto may be taken or received on behalf of the Issuer by the Municipal Advisor.

Bidders should prepare their bids on the assumption that the Bonds will be subject to the “hold-the-offering-price” rule. Any bid submitted pursuant to the Notice of Sale shall be considered a firm offer for the purchase of the Bonds, and bids submitted will not be subject to cancellation or withdrawal.

ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The County reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the County and shall be at the sole discretion of the County. The successful bidder may not withdraw or modify its Proposal once submitted to the County for any reason, including post-sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder.

OPTIONAL REDEMPTION Bonds maturing on March 1, 2029 through 2032 are subject to redemption and prepayment at the option of the County on March 1, 2028 and any date thereafter, at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and principal amounts within each maturity to be redeemed shall be determined by the County and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.

CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder.

DELIVERY Delivery of the Bonds will be within forty days after award, subject to an approving legal opinion by Dorsey & Whitney, LLP, Bond Counsel. The legal opinion will be paid by the County and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC.

TYPE OF PROPOSAL

Proposals of not less than $2,168,612.50 (99.25%) and accrued interest on the principal sum of $2,185,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to:

Tom Johnson, County Administrator

315 10th Street P.O. 757 Worthington, MN 56187

A good faith deposit (the “Deposit”) in the amount of $43,700 in the form of a federal wire transfer (payable to the order of the County) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Municipal Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the County may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer.

The County will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the County. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the County scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made.

AWARD

The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The County’s computation of the interest rate of each Proposal, in accordance with customary practice, will be controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The County will reserve the right to: (i) waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the County determines to have failed to comply with the terms herein.

INFORMATION FROM SUCCESSFUL BIDDER

The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended.

OFFICIAL STATEMENT

By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the County agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board (MSRB).

FULL CONTINUING DISCLOSURE UNDERTAKING

The County will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the County, and notices of certain material events, as required by SEC Rule 15c2-12.

BANK QUALIFICATION The County will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BOND INSURANCE AT UNDERWRITER’S OPTION

If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the County has requested and received a rating on the Bonds from a rating agency, the County will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The County reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale. Dated: February 18, 2020 BY ORDER OF THE NOBLES COUNTY BOARD

/s/ Tom Johnson County Administrator

Additional information may be obtained from: Northland Securities, Inc. 150 South 5th Street, Suite 3300 Minneapolis, Minnesota 55402 Telephone No.: 612-851-5900

EXHIBIT A

ISSUE PRICE CERTIFICATE – COMPETITIVE SALES WITH AT LEAST THREE BIDS FROM ESTABLISHED UNDERWRITERS

$[PRINCIPAL AMOUNT]

[BOND CAPTION] ISSUE PRICE CERTIFICATE

The undersigned, on behalf of [NAME OF UNDERWRITER] (“[SHORT NAME OF UNDERWRITER]”), hereby certifies as set forth below with respect to the sale of the obligations named above (the “Bonds”).

1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by

[SHORT NAME OF UNDERWRITER] are the prices listed in Schedule A (the “Expected Offering Prices”). The Expected Offering Prices are the prices for the Maturities of the Bonds used by [SHORT NAME OF UNDERWRITER] in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by [SHORT NAME OF UNDERWRITER] to purchase the Bonds.

(b) [SHORT NAME OF UNDERWRITER] was not given the opportunity to review other bids prior to submitting its bid.

(c) The bid submitted by [SHORT NAME OF UNDERWRITER] constituted a firm offer to purchase the Bonds.

2. Defined Terms. For purposes of this Issue Price Certificate: (a) Issuer means [DESCRIBE ISSUER]. (b) Maturity means Bonds with the same credit and payment terms. Any Bonds with different maturity

dates, or with the same maturity date but different stated interest rates, are treated as separate Maturities. (c) Member of the Distribution Group means (i) any person that agrees pursuant to a written contract

with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).

(d) Public means any person (i.e., an individual, trust, estate, partnership, association, company, or corporation) other than a Member of the Distribution Group or a related party to a Member of the Distribution Group. A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other).

(e) Sale Date means the first day on which there is a binding contract in writing for the sale of the respective Maturity. The Sale Date of each Maturity was [DATE].

The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents [SHORT NAME OF UNDERWRITER]’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer[ and BORROWER (the “Borrower”)] with respect to certain of the representations set forth in the [Tax Certificate][Tax Exemption Agreement] and with respect to compliance with the federal income tax rules affecting the Bonds, and by [BOND COUNSEL] in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038[-G][-GC][-TC], and other federal income tax advice that it may give to the Issuer[ and the Borrower] from time to time relating to the Bonds.

[UNDERWRITER] By:_______________________________________ Name:_____________________________________

Dated: [ISSUE DATE]

ISSUE PRICE CERTIFICATE – COMPETITIVE SALES WITH FEWER THAN THREE BIDS FROM ESTABLISHED UNDERWRITERS

$[PRINCIPAL AMOUNT]

[BOND CAPTION] ISSUE PRICE CERTIFICATE

The undersigned, on behalf of [NAME OF UNDERWRITER/REPRESENTATIVE] ([“[SHORT NAME OF UNDERWRITER]”)][the “Representative”)][, on behalf of itself and [NAMES OF OTHER UNDERWRITERS] (together, the “Underwriting Group”),] hereby certifies as set forth below with respect to the sale of the obligations named above (the “Bonds”). 1. Initial Offering Price of the Bonds. [SHORT NAME OF UNDERWRITER][The Underwriting Group] offered the Bonds to the Public for purchase at the specified initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire for the Bonds is attached to this certificate as Schedule B.

2. Hold the Offering Price Rule. [SHORT NAME OF UNDERWRITER][Each member of the Underwriting Group] has agreed in writing that, (i) for each Maturity, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “Hold-the-Offering-Price Rule”), and (ii) any agreement among underwriters, selling group agreement, or third-party distribution agreement contains the agreement of each underwriter, dealer, or broker-dealer who is a party to such agreement to comply with the Hold-the-Offering-Price Rule. Based on the [Representative][SHORT NAME OF UNDERWRITER]’s own knowledge and, in the case of sales by other Members of the Distribution Group, representations obtained from the other Members of the Distribution Group, no Member of the Distribution Group has offered or sold any such Maturity at a price that is higher than the respective Initial Offering Price during the respective Holding Period. 3. Defined Terms. For purposes of this Issue Price Certificate:

(a) Holding Period means the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date ([DATE]), or (ii) the date on which Members of the Distribution Group have sold at least 10% of such Maturity to the Public at one or more prices, none of which is higher than the Initial Offering Price for such Maturity.

(b) Issuer means [DESCRIBE ISSUER]. (c) Maturity means Bonds with the same credit and payment terms. Any Bonds with different maturity

dates, or with the same maturity date but different stated interest rates, are treated as separate Maturities. (d) Member of the Distribution Group means (i) any person that agrees pursuant to a written contract

with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).

(e) Public means any person (i.e., an individual, trust, estate, partnership, association, company, or corporation) other than a Member of the Distribution Group or a related party to a Member of the Distribution Group. A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other).

(f) Sale Date means the first day on which there is a binding contract in writing for the sale of the respective Maturity. The Sale Date of each Maturity was [DATE].

The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents [NAME OF UNDERWRITING FIRM][the Representative’s] interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer[ and BORROWER (the “Borrower”)] with respect to certain of the representations set forth in the [Tax Certificate][Tax

Exemption Agreement] and with respect to compliance with the federal income tax rules affecting the Bonds, and by [BOND COUNSEL] in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038[-G][-GC][-TC], and other federal income tax advice that it may give to the Issuer[ and the Borrower] from time to time relating to the Bonds.

[UNDERWRITER][REPRESENTATIVE] By:_______________________________________ Name:_____________________________________

Dated: [ISSUE DATE]




February 18, 2020

HLWD Levy Authority Increase Tom Johnson, Administration

Issue: The Heron Lake Watershed District is making a request to increase their levy authority to the MN Legislature during the current legislative session. Discussion: Our local legislators have requested the counties in which the HLWD operates take a position on the HLWD request to increase their levy authority. HLWD has had capped levy authority for 14 years and has been at that cap for some time. They have currently requested an increase from the current $250K maximum to have authority in an amount not to exceed $500K. Our local legislators wish to know if the counties involved are in support of the request or not. Options: Support HLWD’s request to the MN Legislature to increase levy authority. Do not support the HLWD request. Recommendation: NA




February 18, 2020

HLWD Bonding Authority Tom Johnson, Administration

Issue: The Heron Lake Watershed District is making a request to grant them bonding authority at the MN Legislature during the current legislative session. Discussion: Our local legislators have requested the counties in which the HLWD operates take a position on the HLWD request to grant them bonding authority. Watersheds currently do not have this authority and must work with the respective counties to bond for major projects. Options: Support HLWD’s request to the MN Legislature to grant bonding authority. Do not support the HLWD request. Recommendation: NA




February 18, 2020

Doom & Cuypers Change Order Tom Johnson, Administration

Issue: With Doom & Cuypers (D&C) working on the upper floor space, addition demolition work has been identified. Discussion: D & C was contracted to infill the floor section where former steps were removed when the jail moved to the PJC and replace a former staircase section for emergency egress. As they are working currently, additional demolition was identified and should be completed prior to final finishes of the space for IT and the data center project. The proposed work is specified in the attached proposal. The proposal is for a change order in the amount of $2,617.00 to remove approximately 41 feet of wall and not rebuild the wall of the old pod space. A future metal stud wall is proposed, and will be less costly and more flexible, and, this will not be built as a part of this project. Options: Approve the CO for Doom & Cuypers Do not approve Recommendation: Administration recommends approving the CO as proposed for $2,617.00 with Doom & Cuypers.

PROPOSAL

PROPOSAL SUBMITTED TO TODAY’S DATE DATE OF PLANS/PAGE #’S

Nobles County 2/11/2020 PHONE NUMBER FAX NUMBER JOB NAME

Masonry Wall Demo ADDRESS, CITY, STATE, ZIP JOB LOCATION

Worthington, MN Data Center Structural Infill Project

We propose hereby to furnish labor and equipment to remove and dispose of the following –

1. 8 doors, frames and surrounding masonry to nearest concrete block joint 2. Create one opening in masonry wall for new restroom door opening to nearest concrete block joint 3. Demo and remove several sections of masonry wall to nearest concrete block joint. Total lineal feet Of masonry wall to be removed is approximately 41 feet 4. Delete masonry work and door assembly that was to be done in old jail control pod area If accepted, this proposal will add $2617.00 to the original proposal dated 12-30-19 Exclusions – Bond Masonry Infill Mechanical Electrical

We propose hereby to furnish material and labor – complete in accordance with above specifications for the sum of:

dollars ($ )

Payment as follows: Each 30 days to the value of ninety five per cent of completion

All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen’s Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney’s fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction.

Authorized Signature

Note: this proposal may be withdrawn by us if not accepted within 30 days.

ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

Signature

Signature Date of Acceptance


“Looking forward with purpose”

TO: Board of Commissioners FROM: County Administration DATE: February 12, 2020 SUBJECT: Recruitment Update 1) Deputy Assessor (Assessor) Requested: 08/09/19 Board Approved: 01/08/19 Posted: 08/20/19 Closes: Open until filled, first review 11/15/19 Status: 2) Deputy Sheriff- 2/5 time (Sheriff) Requested: 02/26/19 Board Approved: 01/08/19 Posted: 03/01/19 Closes: Open until filled, first review 03/22/19 Status: 3) Public Health Nurse -2 (Community Services) Requested: 04/08/19 Board Approved: 01/08/19 Posted: 01/22/20 Closes: 02/05/20 Status: Interviews scheduled

ADMINISTRATION INTEROFFICE

MEMORANDUM

4) Correctional Officer (Sheriff) Requested: 11/04/19 Board Approved: 01/08/19 Posted: 01/09/20 Closes: 01/24/20 Status: Interviewing 5) Assistant County Attorney I (Attorney) Requested: 11/18/19 Board Approved: 01/08/19 Posted: 01/14/20 Closes: Open until filled, first review 02/07/20 Status: Interview scheduled 6) Accountant (Finance) Requested: 01/02/20 Board Approved: 01/07/20 Posted: 01/09/20 Closes: Open until filled, first review 01/24/20 Status: Background check being conducted 7) Facilities Maintenance Technician (Bldg. Maintenance) Requested: 01/08/20 Board Approved: 01/07/20 Posted: 01/09/20 Closes: 01/28/20 Status: Background check being conducted 8) Engineering Technician (Public Works) Requested: 12/24/19 Board Approved: 01/07/20 Posted: 01/09/20 Closes: Open until filled, first review 02/28/20 Status: 9) Assistant Jail Administrator In house (Sheriff) Requested: 01/09/20 Board Approved: 01/07/20 Posted: 01/10/20 Closes: 01/17/20 Status: Promoted Dan Bosman 10) Registered Nurse (Community Services) Requested: 01/15/20 Board Approved: 01/07/20 Posted: 01/22/20 Closes: 02/05/20 Status: Interviews scheduled

11) Jail Sergeant In house (Sheriff) Requested: 02/05/20 Board Approved: 01/07/20 Posted: 02/10/20 Closes: 02/17/20 Status: 12) Deputy Auditor/Treasurer /License Ctr Tech (Auditor/Treasurer) Requested: 02/04/20 Board Approved: 01/07/20 Posted: 02/05/20 Closes: 02/19/20 Status:

Jan 1 - Feb 4, 20 Budget $ Over Budget % of Budget

IncomeLevy Request

Tax Distribution 4,194.41 146,592.00 -142,397.59 2.9%Levy Request - Other 0.00 0.00 0.00 0.0%

Total Levy Request 4,194.41 146,592.00 -142,397.59 2.9%

Misc. RevenueOther 0.00 0.00 0.00 0.0%Ditch Reimbursement 0.00 0.00 0.00 0.0%Dividends 0.00 0.00 0.00 0.0%Ag Market Value Credit 0.00 0.00 0.00 0.0%Interest 42.04 0.00 42.04 100.0%Misc. Revenue - Other 0.00 0.00 0.00 0.0%

Total Misc. Revenue 42.04 0.00 42.04 100.0%

Sales 0.00 0.00 0.00 0.0%

Total Income 4,236.45 146,592.00 -142,355.55 2.9%

Cost of Goods SoldCost of Goods Sold 0.00 0.00 0.00 0.0%

Total COGS 0.00 0.00 0.00 0.0%

Gross Profit 4,236.45 146,592.00 -142,355.55 2.9%

ExpenseAdministrative Contract 0.00 0.00 0.00 0.0%Audit Expenses 0.00 3,000.00 -3,000.00 0.0%Bank Service Charges 0.00 0.00 0.00 0.0%Board Compensation 0.00 5,000.00 -5,000.00 0.0%Ditch Expense 0.00 0.00 0.00 0.0%Insurance and Bonds 0.00 2,600.00 -2,600.00 0.0%Legal Fees 0.00 10,000.00 -10,000.00 0.0%Mileage and Travel 0.00 2,500.00 -2,500.00 0.0%Other Services/Charges 0.00 1,000.00 -1,000.00 0.0%Payroll Taxes 0.00 0.00 0.00 0.0%Professional Fees/MAWD & LMC 0.00 6,000.00 -6,000.00 0.0%Project Expenses

Buffer Program Expense 0.00 0.00 0.00 0.0%Cost-Share Expense 500.00 70,000.00 -69,500.00 0.7%Education Expense 0.00 1,000.00 -1,000.00 0.0%Misc. Project Expense 0.00 0.00 0.00 0.0%Tree Program Expense 0.00 10,000.00 -10,000.00 0.0%Project Expenses - Other 0.00 0.00 0.00 0.0%

Total Project Expenses 500.00 81,000.00 -80,500.00 0.6%

Publications and Hearings 0.00 2,000.00 -2,000.00 0.0%Supplies and Postage 0.00 750.00 -750.00 0.0%SWCD Admin/Technical Contract 17,500.00 70,000.00 -52,500.00 25.0%SWCD Technical Contract 0.00 0.00 0.00 0.0%

Total Expense 18,000.00 183,850.00 -165,850.00 9.8%

Net Income -13,763.55 -37,258.00 23,494.45 36.9%

9:44 AM Kanaranzi-Little Rock Watershed District02/04/20 Profit & Loss Budget vs. ActualAccrual Basis January 1 through February 4, 2020

Page 1

Watershed Newsletter

Kanaranzi-Little Rock Watershed District

Inside this issue

Cost-Share .................. 2

Cover Crop Training .... 2

Board Updates ............ 3

1W1P ......................... 3

Meeting Information .. 4

Public Hearing............. 4

Staff Information ........ 4

Conservation Reserve Program (CRP)

In 1985, CRP was signed into law as one of the largest private Lands

conservation programs in the U.S. Originally focusing on soil the

reduction of soil erosion and commodity price stabilization, this

program has created a much larger impact than anyone could have

ever imagined. Over the years, CRP has allowed us to prevent billions

of tons of soil erosion, reduced nitrogen and phosphorous runoff by 95

percent, sequester millions of tons of Greenhouse gasses, increased

habitat, improve water quality, and so much more.

“The Conservation Reserve Program is one of our nation’s largest

conservation endeavors and a critical tool to help producers better

manage their operations while conserving natural resources,”

Secretary Perdue said. “The program marks its 35-year anniversary in

2020, and we’re hoping to see one of our largest signups in many

years.”

Once again, the sign-ups for General and Continuous CRP have been re

-opened to the landowners of Minnesota. 22 million acres of land is

currently enrolled in CRP; however, the 2018 Farm Bill has allowed the

cap to be raised to 27 million acres. This increase enables landowners

to enroll new acres into CRP or simply continue their current participa-

tion for another term.

The General sign up is on track to be offered annually. This year’s sign

up period is open now until the 28th of February. This competitive

general signup will now include increased opportunities for enrollment

of wildlife habitat and grasslands.

The Continuous sign up is currently available for new enrolled acres

and will remain ongoing; the re-enrollment period for continuous CRP

will begin in April 2020. CRP continuous signup focused primarily on

water quality; including contour grass strips, filter strips, riparian

buffers, and wetlands.

To inquire about CRP enrollment, contact Nobles SWCD or Nobles FSA.

February 2020

Tree Cost-Share

The KLRWD provides cost-share up to $1,000 for the planting and matting of trees within the KLRWD boundaries. Trees must be planted to meet certain standards and specifications. To learn more about this program you can contact the Nobles SWCD Office.

If you are interested in purchasing trees, contact Scott Runck, District Technician, at 507-376-9150 ext. 117 or stop by the Nobles SWCD office.

The Missouri River One Watershed, One Plan (1W1P) process that was

started in 2016 was completed in October 2019. As a result, the Mis-

souri River Watershed Comprehensive Watershed Management plan

was created and will now be implemented in the Missouri River Basin

(see map). With the completion of the plan, the Missouri River Water-

shed Partnership JPA expects $1.32 Million to be allocated from the

State of Minnesota to start implementing the plan within the Missouri

River Basin in 2020-

2021. Additional funding

is anticipated in 2022.

If you would like to see the fully executed plan or view more infor-mation, please visit: https://www.noblesswcd.org/one-watershed-one-plan

“The mission of the KLRWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education

and financial programs.”

Local Cost-Share Opportunities

Missouri River Basin—One Watershed, One Plan

• Cost-Share payments up to

$300 are available for land-

owners sealing unused, un-

sealed wells. Cost-Share ap-

plications must be completed

prior to having a well-sealed

by a licensed well sealer. Ap-

plications may be acquired

by contacting Nobles County

Environmental Services at

507-295-5322.

• Cost-Share payments of up to

$500 are available to land-

owners replacing non-

complying or failing septic

systems.

• Cost-Share Payments of up to

$1,000 are available for land-

owners planting and matting

trees within the KLRWD

boundaries. This program will

provide a 50% cost-share up

to $1,000 for those that qual-

ify.

For more information regarding

any of the local cost-share oppor-

tunities, please call the KLRWD

staff at 507-376-9150 ext. 3.

2

https://www.noblesswcd.org/one-watershed-one-plan




The KLRWD would like to welcome Adam Henning and William (Bill)

Jansma as the newest KLRWD board members!

Henning, appointed by the Nobles County Commissioners, started his

term on October 7, 2019. His term will end on October 7, 2022. Hen-

ning is one of four Nobles County KLRWD board members.

Jansma, appointed by the Rock County Commissioners, started his

term on October 7, 2019. His term will end on October 7, 2022. Jans-

ma is the only KLRWD board member from Rock County.

The Kanaranzi-Little Rock Watershed District (KLRWD) was established by order of the Minnesota Board of Water and Soil Resources on October 8, 1981.

3

KLRWD Welcomes New Board Members

Farm Economics and Soil Health Winter Workshop

The Heron Lake Watershed District, along

with the Jackson and Nobles SWCD, will be

hosting a winter workshop on February 24th,

2020. Come listen to Indiana Farmer, Rick

Clark, and Minnesota Farmer, Matt Alford,

talk about their knowledge in farm econom-

ics and soil health. Registration begins at

8:30 a.m. with the event wrapping up around

12:30 p.m. This is a free event, including lunch and refreshments,

but RSVPs to attend the event are due by February 17th. Call Joey at

507-662-6682 ext. 3 or RSVP online at https://

covercrop2020.eventbrite.com.

Soil and Water Management CEU Credits Available.

KLRWD Board Member Spotlight

The KLRWD board would like to thank and con-

gratulate Tim Taylor for his many years of service

to the Kanaranzi-Little Rock Watershed. Tim’s last

day with the board was on October 7, 2019.

Thank you, Tim!

https://covercrop2020.eventbrite.com

https://covercrop2020.eventbrite.com

The Kanaranzi-Little Rock Watershed

District Board of Managers will conduct

a public hearing on Thursday, August 13,

2020 at 8:00 p.m. at the Adrian Govern-

ment Center’s Council Chambers, Adri-

an, MN 56110, for the purpose of pre-

senting, discussing, and adopting the

2020 budget for the Kanaranzi-Little

Rock Watershed District. More infor-

mation regarding this Public Hearing will

be posted at a later date.

Public Hearing Kanaranzi-Little Rock Watershed District

The mission of the KLRWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

Meeting Information

The KLRWD board meetings are held the 2nd Thursday of the month at the Adrian City Hall.

Please contact John Shea if you have any concerns that you would like addressed at a regularly scheduled board meeting.

PLEASE PLACE STAMP HERE


1567 McMillan Street

Suite 3

Worthington, MN 56187

Phone: 507-376-9150 ext. 3

www.klrwatershed.org

Nobles SWCD

John Shea, District Manager

Sabrina Raddle, Acct./Admin. Assistant

Scott Runck, District Technician

Catelyn LaCour, Farm Bill Technician

Phone: 507-376-9150 ext. 3

www.noblesswcd.org

Board of Managers

Layton Gruis, Chair

Adrian, MN

Bill Jansma, 1st Vice-Chair

Ellsworth, MN

Adam Henning, 2nd Vice-Chair

Rushmore, MN

Coleen Gruis, Secretary

Rushmore, MN

Jerry Brake, Treasurer

Wilmont, MN

John Shea, Executive Secretary

Nobles SWCD

NOBLES COUNTY ART CENTER BOARD MEETING MINUTES:

DATE: February 4, 2020 BOARD MEMBERS: Jean Bunge, Margaret Erickson, Kimberly Jansen‐Kooistra, Tricia Mikle, Katelyn Middagh, Susan Middagh, Nancy Jo Hambleton, Micah Stafford, Adry Stafford Matt Widboom (County Commissioner) In attendance: Tricia Mikle, Adrienne Herbert, Kimberly Jansen‐Kooistra, Susan Middagh, Katelyn Middagh, Margaret Erickson, Nancy Jo Hambleton, Adry Stafford, Micah Stafford Meeting called to order by: Katelyn Approval of the Minutes: Tricia; Nancy Jo seconded Treasurer's Report: Motion to approve: Susan; Seconded Tricia January income: $1,375.00 January Expenses: $709.78

Director's Report: There will be a printmaking class on Saturday the 15th of February from 10‐3. Students will learn how to print inexpensively using a kitchen pasta press. Currently we are displaying pieces from the Permanent Collection. The show runs until the end of February. March 6th will be the opening reception for the District 518 Student show. The reception will be from 5‐7p.m. Sky Alsgaard's photographs are being exhibited at the Memorial Auditorium while local artists' work is continuing at the County Administration Building. Old Business: Architects for the WELL Project will be holding local meetings this week. They will visit the Art Center from 4:30‐5:30 Thursday afternoon and possibly again on Friday. New Business: There was discussion about the opportunity of doing radio spots on KWOA radio. Kimberly and her husband Richard will consider doing a 30‐60 second conversational spot. Nancy Jo and Tricia will help in writing the script. The Nobles County Art Center needs more members! Board members have been asked to bring in new members. There was discussion on adding local businesses to our mailings. Joel McKinney will be the judge for the annual juried Area Art Show to be held in April and May. Prizes will be awarded at the opening reception which will be April 5th from 2‐4 p.m. Next meeting is Tues. March 3, 2020 at 5:30 p.m. Adjourn: Nancy Jo Seconded: Kimberly Minutes prepared by: Adrienne Herbert, Secretary‐Treasurer

Jan 31, 20ASSETS

Current AssetsChecking/Savings

CD- Exchange State Bank 119,757.54CD-Adrian State Bank 21,010.70Checking-Adrian State Bank 131,052.38KLR-Savings 60,654.68

Total Checking/Savings 332,475.30

Total Current Assets 332,475.30

TOTAL ASSETS 332,475.30

LIABILITIES & EQUITY 0.00

9:45 AM Kanaranzi-Little Rock Watershed District02/04/20 Balance Sheet-Board MeetingAccrual Basis As of January 31, 2020

Page 1

Kanaranzi-Little Rock Watershed District 1567 McMillan Street, Suite 3 Worthington, MN 56187 Phone: 507-376-9150 www.klrwatershed.org

AGENDA Board of Managers Regular Meeting

Adrian City Hall, 209 Maine Ave., Adrian, MN 56110

February 13, 2020 4:00 p.m.

1. Approve Agenda 2. Approve Minutes 3. Cost-Share Contracts and Payments 4. Treasurer’s Report

a. CD Accounts/Savings Account 5. Correspondence

a. Farm Economic Workshop – Heron Lake – February 24 6. Old Business

a. Wellhead Project b. Buffer Update c. Ditch 11 d. MRWP e. LMC/MCIT – Insurance f. Advisory Committee g. Advisory/Recognition Meeting

7. Administrator Report 8. Other Reports (County, TSA, SWCD, etc.) 9. New Business

a. 2019 Annual Report b. 2020 Annual Plan c. Minnesota Viewers Association d. MAWD Legislative Days

10. Calendar of Events 11. Schedule Next Meeting 12. Adjourn

http://www.klrwatershed.org/

Calendar of Events

February 4th OOWD Board Mtg. 4:00 p.m. February 8th -12th NACD Annual Meeting – Las Vegas All Day February 13th KLRWD Board Mtg. 4:00 p.m. February 14th Tree Orders Due All Day February 17th Presidents’ Day – Office Closed All Day February 19th SWCD Board Mtg. 7:30 a.m. February 19th HLWD Board Mtg. 9:00 a.m. February 24th HLWD Cover Crop Event 8:30 a.m. March 3rd OOWD Board Mtg. 4:00 p.m. March 12th KLRWD Board Mtg. 7:00 p.m. March 15th BWSR Reports Due March 18th SWCD Board Mtg. 7:30 a.m. March 18th-19th Managers Meeting – Shea All Day March 18th-19th MAWD Legislative Days All Day March 24th -25th MASWCD Legislative Days All Day March 25th HLWD Board Mtg. 9:00 a.m. March 31st SWPTSA Board Meeting – Marshall 10:00 a.m. April 7th OOWD Board Mtg. 4:00 p.m. April 9th KLRWD Board Mtg. 7:00 p.m. April 15th SWCD Board Mtg. 7:30 a.m. April 22nd HLWD Board Mtg. 9:00 a.m.

The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

Heron Lake Watershed District PO Box 345, Heron Lake, MN 56137

507-793-2462 Email: [email protected]

Web: www.hlwdonline.org

DISTRICT ADMINISTRATOR’S

Activity Report January 1-31, 2020

Understanding Minnesota Public Drainage Law (UMPDL) The UMPDL can be described as the cliff note version of the Minnesota Public Drainage Manual (MPDM). It is intended to be used by drainage authorities who need to know the basics of drainage law, but don’t need all the detail in the MPDM.

BWSR has hired Al Kean for the UMPDL update. It was forwarded to me for review. That was done on January 7. The revisions were forwarded to Al

Kean.

Annual Information The HLWD Policies Handbook and HLWD Personnel Policy were updated. The 2020 billing rates were computed. The 2020 Work Plan and Budget were drafted. The Manager and Staff Orientation document was revised.

January Meeting The following information was sent to managers to review before the January meeting.

Quarterly Meeting with Commissioners: Opportunity for Commissioners to ask questions regarding HLWD activities. Minutes: The JD 3 minutes have been reviewed and approved by Chuck Brandel, Louis Smith, and Harvey Kruger. The December 19 meeting minutes have been reviewed and approved by Harvey Kruger. Treasurer’s Report and Bill Payment: See report for detailed information. Order for Continued Proceedings for JD 3: A motion to approve is needed. Order Authorizing Detailed Survey and Report for JD 3: A motion to approve is needed. Order Appointing Viewers for JD 3: A motion to approve is needed. Annual Information: The meeting schedule was revised to include the change to Wednesdays during the winter months. No audit quotes were received, so Drealan, Kvilhaug, Hoefker & Co. are listed as conducting the 2020 audit. The names of the banks designated as depositories were updated. Grant Authorization: In early 2019, the Board Conservationist for the Board of Water and Soil Resources (BWSR) informed me that BWSR requires board action to allow me to administer the Clean Water Fund (CWF) grant. At the January 2019 meeting, the Board approved a motion for not only the CWF grant, but for all grants and potential grants for the coming year. The language from the 2019 motion has been updated to reflect known 2020 grant awards. The Board of Managers (Board) of the HLWD authorizations Jan Voit to enter into contracts for grants with the BWSR, Minnesota Pollution Control Agency (MPCA), Department of Natural Resources (DNR), Lessard-Sams Outdoor Heritage Council (LSOCHC), or other granting entities. The Board also authorizes Jan Voit to perform administrative duties related to the operation of these grants as required by the contract(s) and work plan(s).

http://www.hlwdonline.org/


Order Appointing Advisory Committee Members: Julie Lopez has requested removal from the Advisory Committee due to other commitments. The Advisory Committee will be seeking a Nobles County landowner as a replacement. HLWD Policies Handbook: The dates have been changed to reflect 2019. The billing rate has also been updated. HLWD Personnel Policy: The dates have been changed to reflect 2019. No other changes were made. Manager and Staff Orientation: This document contains current grants. The Environmental Protection Agency (EPA) Section 319 Small Watersheds Focus Grant and the LSOHC will be added when the grant agreements are approved. 2020 Annual Work Plan and Budget: A motion to approve is needed. Watershed Technician laptop computer: On January 8, Catherine Wegehaupt could not sign into ArcMap on her computer. A licensing error kept popping up. She contacted the Nobles County GIS staff person. That person spent a couple hours trying to determine the problem. The result is that the computer is no longer compatible with the updated version of ArcMap. A new computer is needed. Catherine will get a quote from Computer Lodge, which is where we got the last computer. When she spoke with them on the phone, they estimated $1,400.

Des Moines River 1W1P Local Work Group (LWG) Meeting The draft Memorandum of Agreement (MOA) was sent to Smith Partners for review and comment. Comments were received on January 8.

The Des Moines River 1W1P LWG meeting was held on January 8. In attendance were Sarah Soderholm, Murray County; Chris Bauer, Jackson SWCD; Mark Koster, Nobles County; John Shea, Nobles SWCD; Doug Goodrich and Mark Hiles, BWSR; Ashley Brenke, Martin SWCD; Dave Bucklin, Josh Votruba, and Alex Schultz, Cottonwood SWCD; and me.

Discussion was held regarding the fiscal agent. LWG is recommending Jackson SWCD to serve in this capacity at no charge to the grant. Each entity should appoint a delegate and an alternate.

The draft MOA was discussed. Not all entities have received comments from legal counsel. Once comments have been received by legal counsels and any changes incorporated into the MOA, a revised draft will be distributed to project partners for review and comment.

The draft grant application was discussed. Suggested revisions were made. Additional information will be provided regarding existing studies and models that may exist.

On January 9, Sarah Soderholm and I discussed the recommended changes to the MOA. Further contact was made with legal counsel for clarification. The information obtained from legal counsel was forwarded to Sarah.

I took minutes of the meeting. Those were typed and forwarded to Sarah on January 13.

JD 19 Svoboda Excavating pull their equipment off site on January 15 for the foreseeable future due to temperatures and site conditions.

I+S Group (ISG) Invoices On January 16, I contacted Chuck Brandel regarding ISG invoices. The email correspondence and an example of the revised invoice were provided to managers. More detailed information will be included with future billing.


Winter Workshop Information regarding the cover crop workshop was posted on the Facebook page and the HLWD website. It was also shared with agency personnel, HLWD Advisory Committee members, counties, crop advisors, and watershed administrators.

Radio stations were contacted regarding advertising. Information regarding the event was sent to KDOM and Radio Works. Advertising copy was reviewed and revised.

Auditing Services Letters were distributed to auditing firms on November 20. The submission deadline was January 7, 2020. No submissions were received. On January 16, another request for proposals for audits was sent. The submission deadline is February 12.

HLWD Advisory Committee The Order Appointing Advisory Committee Members was mailed on January 22. Also included were an Oath of Office, meeting schedule, and contact information.

Grants Awarded!! On January 22, the HLWD was notified that the CWF application for South Heron Lake TMDL Implementation: Phase 3 was approved for funding. The grant award is $43,000 for 15 alternative side inlets (ASIs) on CD 3, four on JD 14, and a 4.2 acre wetland on JD 3. This grant is in partnership with Jackson Soil and Water Conservation District (SWCD) and ISG.

On January 23, the HLWD was notified that the grant application for the Cottonwood, Jackson, and Heron Lake Pollinator Partnership was approved for funding. The grant award is for $29,500 to install 50-70 new pollinator plots throughout Cottonwood and Jackson Counties over a three-year period. The purpose is to provide habitat and food for endangered and threatened species such as the Rusty Patched Bumblebee. This grant is in partnership with Cottonwood and Jackson SWCDs.


Annual Reports The Clean Water Partnership Low Interest Loan Program was submitted on December 30. It was approved on January 7 and uploaded to the HLWD website on January 13.

The annual reports for the Conservation Partners Legacy Grant was submitted on December 30, 2019. It was approved on January 5 and

uploaded to the HLWD website on January 16.

The EPA 319 Grant Annual Report was submitted on January 13. It was approved on January 14 and uploaded to the HLWD website on January 16.

The CWF Annual Report was submitted on January 7. It was approved on January 23.

The Minnesota Department of Agriculture Grant Annual Report was submitted on January 8. Comments were received and revisions were

made. The revised report was submitted on January 24.

Financial Information On January 6, I met with Jorden Krumbach, DKH & Co. regarding 1099s. Forms were ordered from the IRS. Work on the 1099s and W2s began. The W2s were completed on January 7.

Reports of Outstanding Indebtedness were completed and submitted to Nobles and Jackson Counties on January 7 and Murray County on January 10.

On January 10, information was compiled for the 2019 audit. The information was uploaded to the DKH & Co. Sharefile. Doreen Harrold conducted a site visit on January 21. Information was provided for the 2019 audit.

Jackson County Judicial Ditch (JD) 3 On January 15, the JD 3 Preliminary Hearing minutes, Findings and Order for Continued Proceedings, and Order Authorizing Detailed Survey and Report were sent to Chuck Brandel, Bruce Sellers, Kevin Nordquist, and Louis Smith. The Order Appointing Viewers and Secretary’s Order were sent to Shantel Hecht, Bryan Murphy, Larry Murphy, Bruce Sellers, Chuck Brandel, Louis Smith, and Kevin Nordquist.

On January 6, Bob Springman contacted me regarding a petition for outlet Catherine Damm’s property from JD 3 in Jackson CD 11. Following the phone conversation, contact was made with ISG staff. Jacob Rischmiller was scheduled to meet with Bob Springman on January 16. Due to scheduling conflicts, the meeting was postponed.

On January 7, I met with David, Eric, and Troy Post regarding a petition for outlet from JD 3 into CD 3. Following the meeting, contact was made with ISG staff for assistance with maps and a petition. Jacob Rischmiller and I met with David Post on January 14. David Post contacted me on January 28 to let me know that they decided not to pursue the petition for outlet.

Representative Hamilton Representative Hamilton had his staff contact the four counties and the HLWD. His intent is to have an informal conversation to understand issues facing the HLWD and the affected counties. He has invited the administrators and board chairs for each entity.

Information was compiled and sent to Representative Hamilton and Senator Weber on January 31. The meeting will be held on February 3.


Heron Lake Watershed District Funding Sources 1996-2020

The Heron Lake Watershed District (HLWD) generates revenue through a general operating levy as authorized for watershed districts under MN Statute 103D.901 subdivision 1. This statute caps each watershed district’s levy at 0.048% of the estimated market value (EMV) or $250,000, whichever is less, regardless of the size or tax capacity of each district. If the levy was only limited to the 0.048% EMV cap, HLWD would be allowed to levy $951,007 in 2020, but is instead limited to $250,000.

The $250,000 limit authorized by the legislature in 2001 is equal to $361,000 in today’s dollars and that amount does not take into account the additional workload created for watershed districts by new state water management programs over the past 19 years.

The HLWD uses the general levy to not only fund operational expenses such as rent, equipment, and supplies, it also uses the money to pay for staff time and laboratory analysis to monitor our lakes and streams for water quality issues, conduct community education and outreach activities, prioritize the best location for best management practices, and will be needed to implement activities planned for and documented in the new statewide One Watershed One Plan initiative.

An unchanged $250,000 annual budget has ultimately led to staff reductions and an increasingly diminished capacity to be able to provide match dollars required when applying for grants to build the projects and activities desired and vetted by its local citizens.

The HLWD has also found that current levy limits constrain its capacity to issue general obligation bonds to finance projects in public drainage systems.

The HLWD has successfully brought in $8,740,672 through 75 grants from 1996 to 2020, while only taxing $4,864,322 locally during the same timeframe. This represents $1.80 coming in to the district for every $1 taxed. This is also equivalent to a total of $16.21 taxed per acre over the course of 25 years (less than one dollar per year per acre) and $29.13 brought in for each of the approximately 300,000 acres in the HLWD.


HLWD 50th Anniversary The HLWD will be celebrating 50 years. The anniversary date is February 25, 2020.

January Meetings and Events • January 6: Meeting with Jorden Krumbach • January 7: Meeting with David, Eric, and Troy Post • January 8: 1W1P meeting • January 14: Meeting with David Post and Jacob Rischmiller • January 15: HLWD meeting • January 21: Meeting with Doreen Harrold

MPCA Clean Water Partnership, 8

EPA 319, 16

EPA Education, 1

BWSR Challenge Grant, 2

AgStar Education, 2

Conservation Innovation Grant, 2USFWS, 1

DNR Conservation Partners, 10HL-O Community

Foundation, 1Environment and Natural Resources Trust Fund, 2

Surface Water

Assessment Grant, 2

Sustainable Agriculture Research

and Education (SARE), 3

Water Quality Management

Planning Grant, 1

MN Agricultural Water Resources Coalition, 1

USDA Minnesota Corn Coordinated Agricultural

Program, 1

MDA, 3

National Wildlife Federation, 2

BWSR Clean Water Fund, 9

BWSR PRAP, 1

DNR Aquatic Habitat Grant, 1

MPCA WRAPS, 2

Toro Legacy Grant, 1

ESRI, 2

Lessard-Sams Outdoor Heritage council, 1

Grant Funding Sources1996-2020

Jan 20 Budget $ Over Budget % of Budget

IncomeCharg. for Serv.

Drill Rental - Great Plains 0.00 1,000.00 -1,000.00 0.0%Drill Rental -Great Plains 12.5 (Drill Rental - Great Plains ... 0.00 1,000.00 -1,000.00 0.0%Grass Seed Sales 0.00 40,000.00 -40,000.00 0.0%Tree Matting Program 0.00 4,000.00 -4,000.00 0.0%Tree Sales and Tree Planting 0.00 12,000.00 -12,000.00 0.0%

Total Charg. for Serv. 0.00 58,000.00 -58,000.00 0.0%

Intergov Rev -County 66,278.00 121,000.00 -54,722.00 54.8%Intergov. Rev.-Local

KLR Watershed Allocation (KLR Watershed Allocation) 17,500.00 70,000.00 -52,500.00 25.0%Nobles County PF (Nobles County Pheasants Forever) 0.00 1,500.00 -1,500.00 0.0%O-O Watershed Allocation (O-O Watershed Allocation) 2,500.00 5,000.00 -2,500.00 50.0%

Total Intergov. Rev.-Local 20,000.00 76,500.00 -56,500.00 26.1%

Intergov. Rev.-State1W1P MOB (1W1P MOB) 0.00 1,275,000.00 -1,275,000.00 0.0%Buffer Law (Buffer Law) 0.00 45,000.00 -45,000.00 0.0%BWSR Cons. Delivery Grant 0.00 18,512.00 -18,512.00 0.0%BWSR State Cost-Share Projects 0.00 52,149.00 -52,149.00 0.0%CREP (CREP) 0.00 36,362.00 -36,362.00 0.0%CREP Outreach (CREP Outreach) 4,009.00DNR - Observation Well Program 0.00 700.00 -700.00 0.0%FY17 AIG Grant (FY17 AIG Grant) 6,183.02FY19 Farmbill Assistance (FY19 Farmbill Assistance) 7,504.00Local Capacity (BWSR Local Capacity) 0.00 215,073.48 -215,073.48 0.0%

Total Intergov. Rev.-State 17,696.02 1,642,796.48 -1,625,100.46 1.1%

Misc. Rev.-Interest 359.83 3,500.00 -3,140.17 10.3%Misc. Rev.-Other 0.00 500.00 -500.00 0.0%

Total Income 104,333.85 1,902,296.48 -1,797,962.63 5.5%

Gross Profit 104,333.85 1,902,296.48 -1,797,962.63 5.5%

ExpenseDist. Op.-Other S. & C.

Advertising 283.00 4,500.00 -4,217.00 6.3%Audits 357.00 4,000.00 -3,643.00 8.9%Communications 72.16 3,500.00 -3,427.84 2.1%Computer Expenses 145.05 3,000.00 -2,854.95 4.8%Dues 4,112.47 7,000.00 -2,887.53 58.7%Insurance 8,608.00 10,000.00 -1,392.00 86.1%Misc. Other S. & C. 20.00Office Equipment & Maint. 0.00 6,500.00 -6,500.00 0.0%Office Rent 14,324.40 12,000.00 2,324.40 119.4%Payroll Processing 0.00 2,000.00 -2,000.00 0.0%Phone Stipend (Phone Stipend) 0.00 600.00 -600.00 0.0%Postage 1.15 2,500.00 -2,498.85 0.0%Sunshine Account (Sunshine Account) 24.97 500.00 -475.03 5.0%Supervisor's Expenses 0.00 6,500.00 -6,500.00 0.0%Training Expenses 59.36 4,000.00 -3,940.64 1.5%Vehicle Expense

Fuel Expense (Fuel Expense for Vehicles) 77.49Vehicle Expense - Other 0.00 7,000.00 -7,000.00 0.0%

Total Vehicle Expense 77.49 7,000.00 -6,922.51 1.1%

Total Dist. Op.-Other S. & C. 28,085.05 73,600.00 -45,514.95 38.2%

Dist. Op.-Pers. Serv.Employee Salaries 16,401.63 216,149.76 -199,748.13 7.6%FICA/Medicare - SWCD Share 1,256.21 16,535.46 -15,279.25 7.6%Med. Ins.-SWCD Share 363.70 4,364.40 -4,000.70 8.3%Payroll Expenses 14.00 1,000.00 -986.00 1.4%PERA/DCP-SWCD Share 1,231.57 16,211.23 -14,979.66 7.6%Supervisor Compensation 0.00 6,000.00 -6,000.00 0.0%

2:22 PM Nobles Soil & Water Conservation District02/11/20 Profit & Loss Budget vs. ActualAccrual Basis January 2020

Page 1

Jan 20 Budget $ Over Budget % of Budget

Total Dist. Op.-Pers. Serv. 19,267.11 260,260.85 -240,993.74 7.4%

Dist. Op.-SuppliesField Supplies 0.00 15,000.00 -15,000.00 0.0%Office Supplies 10.73 1,000.00 -989.27 1.1%

Total Dist. Op.-Supplies 10.73 16,000.00 -15,989.27 0.1%

Proj. Exp.-DistrictDrill Program 0.00 1,500.00 -1,500.00 0.0%Education Program 0.00 5,000.00 -5,000.00 0.0%Grass Seed Program 0.00 35,000.00 -35,000.00 0.0%Misc. Proj. Exp. 225.17 2,000.00 -1,774.83 11.3%Southwest Prairie TSA 3,400.00 7,500.00 -4,100.00 45.3%Summit Lake Property (Summit Lake Property Expenses) 2,950.00 5,000.00 -2,050.00 59.0%SWCD Local Cost-Share 0.00 9,000.00 -9,000.00 0.0%Tree Matting Program 0.00 5,000.00 -5,000.00 0.0%Tree Sales and Tree Planting 1,425.00 10,000.00 -8,575.00 14.3%

Total Proj. Exp.-District 8,000.17 80,000.00 -71,999.83 10.0%

Proj. Exp.-State1W1P MOB (1W1P MOB) 0.00 1,260,000.00 -1,260,000.00 0.0%Buffer Cost-Share (Buffer Cost-Share) 35,227.00BWSR State Cost-Share Projects 1,958.18 52,149.00 -50,190.82 3.8%Flood Relief Grant Exp. 4,414.16Local Capacity Expense (Local Capacity Expense) 276.98 151,895.48 -151,618.50 0.2%

Total Proj. Exp.-State 41,876.32 1,464,044.48 -1,422,168.16 2.9%

Total Expense 97,239.38 1,893,905.33 -1,796,665.95 5.1%

Net Income 7,094.47 8,391.15 -1,296.68 84.5%

2:22 PM Nobles Soil & Water Conservation District02/11/20 Profit & Loss Budget vs. ActualAccrual Basis January 2020

Page 2

Jan 31, 20ASSETS

Current AssetsChecking/Savings

KLR-Savings (Ditch) 5,047.96

Total Checking/Savings 5,047.96

Total Current Assets 5,047.96

TOTAL ASSETS 5,047.96

LIABILITIES & EQUITY 0.00

9:45 AM Kanaranzi-Little Rock Watershed District02/04/20 Balance Sheet-Ditch AccountAccrual Basis As of January 31, 2020

Page 1

Kanaranzi-Little Rock Watershed DistrictBills Payable

As of February 4, 2020

Name Memo Amount Due Date Fund Source* Livewire Printing Co. 2020 Newsletter - I0079428 $1,610.84 2/10/2020 Publications & Hearings* City of Lismore KLR-2020-03 - Sealing 1 Well $300.00 2/13/2020 Cost-Share Expense* Colt Bullerman KLR-2019-04 - Final CS Payment $8,962.79 2/13/2020 Cost-Share Expense* Ray Jenniges KLR-2018-018 - Final CS Payment $20,740.85 2/13/2020 Cost-Share Expense* City of Adrian KLR-2020-04 - Wellhead Cost-Share $89,563.50 2/13/2020 Cost-Share Expense* Nobles SWCD Domain and Website Reimbursement $225.17 2/13/2020 Other Services/Charges

Total Bills Payable $121,403.15

Name Memo Amount Received Fund Source

Total Accounts Receivable $0.00

* Needs Action

Treasurer

Bills Payable

Accounts Receivable

Kanaranzi-Little Rock Watershed District (Commonly referred to as KLR)

2020 Annual Plan and Budget

Kanaranzi-Little Rock Watershed District 1567 McMillan St. Suite #3

Worthington, MN 56187 507-376-9150 ext. #3

Managers:

Layton Gruis, Chair 18262 320th Street, Adrian, MN 56110

County: Nobles Expires: 10-07-21

Telephone: 507-394-2321

William Jansma, 1st Vice-Chair 152 200th Avenue, Ellsworth, MN 56129

County: Rock Expires: 10-07-22

Telephone: 507-920-6617

Adam Henning, 2nd Vice-Chair 21316 300th Street, Adrian, MN 56110


Telephone: 507-227-9522

Coleen Gruis, Secretary 316 N. Bishop Avenue, Rushmore, MN 56168


Telephone: 507-478-4972

Jerry Brake, Treasurer 13976 Edwards Avenue, Wilmont, MN 56185


Telephone: 507-472-8777

The Managers have their Regular Meetings on the 2nd Thursday of every month. The meetings begin at either 4:00 P.M. (January, February & December) or 7:00 P.M. (March-November). The meetings during the months of May and October are often cancelled to observe KLR’s producer needs of agricultural planting and/or harvest; respectively.

The normal meeting location is:

Adrian Government Center Council Chambers 209 Maine Avenue Adrian, MN 56110

Community Outreach:

KLR has contracted with the Nobles Soil and Water Conservation District (SWCD) office to: conduct business, educate, provide technical services and inform its residents and neighboring watersheds of its conservation practices.

The Nobles SWCD will be contracted as an administration office and technical service for KLR. The SWCD will provide John Shea, District Manager as KLR’s District Administrator. KLR’s Regular Meetings will be held in the City of Adrian’s Government Center. The Nobles SWCD will perform the following functions for KLR: resident and producer point of contact, invoice receiving, invoice paying, and meeting coordination. Additional Technical Activities performed by the Nobles SWCD will be grant writing, land and water conservation technical education, project contracting and project inspection. KLR’s projects will also be reviewed by the Natural Resource Conservation Service; who are conveniently housed in the same office as Nobles SWCD.

Annual Objectives: In 2020, KLR will continue the work which was established in its first overall plan:

• To provide adequate water quantity and quality for essential human and animal needs; • To reduce flooding; • To control sheet, rill, gully, and stream bank erosion and the siltation of watercourses; To protect surface and

groundwater from pollution; • To prevent flood plain encroachments that would materially increase the flood damage potential; • To preserve wetlands for water retention, recharge, soil conservation, and wildlife habitat; • To improve wildlife habitat and recreational opportunities through encouragement of natural habitat; • To coordinate District activities with neighboring watershed districts and all other interested units and

agencies to the fullest practical extent; • To compile hydrologic information on the District. • To educate and fund the education of the public on conservation practices and drainage matters • Continue to cooperate with the Missouri River Basin local work group in implementing One Watershed,

One Plan

KLR will also engage in several activities and projects in 2020. The following are planned: • Continue with the septic system replacement cost-share incentive • Continue with waterway clean-out and new waterway installation cost-share incentives • Continue with existing ditch clean-out and new ditch installation cost-share incentives • Continue with well sealing cost-share incentives and tree planting cost-share incentives • Continue with incentives for conservation-use acres and other conservation practices • Engage in long-term contracts with residents for conservation practices • Engage in and promote special conservation projects. Specifically, to cost-share fund 2020 special projects

and engineering expenses • Fund conservation education opportunities such as Fourth Grade Foresters and the Ecology Bus Tours • Participate in Joint Powers Administration to bring additional funding to the area • Finish the review, editing, and the establishment of the KLR Rules

Kanaranzi-Little Rock Watershed Managers will use budgeted funds and grant funds to perform and promote projects throughout 2020. The relationships with Nobles SWCD, NRCS, DNR and other area watershed districts will prove to be valuable to KLR’s Managers, residents, and the promoted conservation practices. KLR will continue to search for education through these relationships and through its membership in the Minnesota Association of Watershed Districts and the Minnesota Board of Water and Soil Resources. KLR will continue to search for external financing to assist local producers in implementing conservation practices.

KANARANZI-LITTLE ROCK WATERSHED DISTRICT 2020 BUDGET

Board Compensation $ 5,000.00 SWCD Admin/Technical Contract 70,000.00 Mileage and Travel 2,500.00 Insurance and Bonds 2,600.00 Audit 3,000.00 Legal Fees 10,000.00 Professional Costs/MAWD 6,000.00 Publications and Hearings 2,000.00 Supplies and Postage 750.00 Other Services / Charges 1,000.00 Project Expenditures 81,000.00 TOTAL $183,850.00

ANNUAL REPORT FY 2019

1567 McMillan St., Ste 3 Worthington, MN 56187


p. 507-376-9150 ext. 3 www.klrwatershed.org

Table of Contents I. Board of Managers ................................................................................................ 2

II. Conservation Staff .................................................................................................. 3

III. Budget Summary ................................................................................................... 4

IV. Year-in-Review ...................................................................................................... 5

V. Month to Month Activity ...................................................................................... 7

ANNUAL REPORT – FY19 2

Board of Managers

Tim Taylor, 1st Chair 17508 190th St., Adrian, MN 56110 County: Nobles Term Expires: 10-07-19 Telephone: 507-472-8422 Anthony Boyenga, 1st Vice-Chair 1956 31st St., Ellsworth, MN 56129 County: Rock Term Expires: 10-07-21 Telephone: 507-220-9033 Coleen Gruis, 2nd Vice-Chair 316 N. Bishop Ave., Rushmore, MN 56168 County: Nobles Term Expires: 10-07-20 Telephone: 507-478-4972 Layton Gruis, Secretary 18262 320th Street, Adrian, MN 56110 County: Nobles Term Expires: 10-07-21 Telephone: 507-394-2321 Jerry Brake, Treasurer 13976 Edwards Ave., Wilmont, MN 56185 County: Nobles Term Expires: 10-07-20 Telephone: 507-472-8777


Conservation Staff

Nobles Soil & Water Conservation District

1567 McMillan St. Suite #3 Worthington, MN 56187 Phone: 507-376-9150 Ext. #3 www.noblesswcd.org John Shea, Executive Secretary/District Manager [email protected] Sabrina Vosberg, Accountant/Administrative Assistant [email protected]

Watershed District Attorney

Smith Partners P.L.L.P. 400 2nd Ave. South, Suite 1200, Minneapolis, MN 55401 Phone: 612-344-1400

Rock Soil & Water Conservation District

311 W. Gabrielson Road, Luverne, MN 56156 Phone: 507-283-8862 ext. 3 Fax: 507-283-5006 Eric Hartman, Executive Director

Natural Resources Conservation Service

1567 McMillan St., Suite #3 Worthington, MN 56187 Phone: 5070-376-9150 ext. 3 311 W. Gabrielson Road Luverne, MN 56156 Phone: 507-283-8862 ext. 3

http://www.noblesswcd.org/

mailto:[email protected]

mailto:[email protected]


Budget Summary

BOARD COMPENSATION $5,000.00

SWCD ADMIN/TECHNICAL CONTRACT $70,000.00

MILEAGE & TRAVEL $2,500.00

INSURANCE & BONDS $2,600.00

AUDIT $3,000.00

LEGAL FEES $10,000.00

PROFESSIONAL COSTS/MAWD & LMC $6,000.00

PUBLICATIONS & HEARINGS $2,000.00

SUPPLIES & POSTAGE $750.00

OTHER SERVICES/CHARGES $1,000.00

PROJECT EXPENDITURES $75,000.00

TOTAL EXPENSES $177,850.00


Year-in-Review

Municipal Tree Cost-Share Program

The KLR Managers continues the Municipal Tree Cost-Share Program they created in 2014. The municipalities within KLR boundaries were introduced to the program that reimbursed 25% of approved tree-planting projects. The maximum benefit amount in any city is $500.00 per year. KLR did not have any cities participate in 2019.

Tree Cost-Share Program

The KLR created a Tree Cost-Share program for landowners living in the KLR Watershed. The program was created in 2015, but it didn’t take effect until 2016. The program provides a 50% Cost-Share up to $1,000 to landowners that qualify. In 2019, the program provided three landowners with cost-share for a combined total of over $2,000.

Buffer Cost-Share Program

In 2016, KLR created a new buffer program to help landowners meet the requirements of the buffer legislation. KLR will pay $150 per acre for the first 50’ to establish an adequate buffer within the boundaries of the watershed. This is a one-time payment per tract for those that qualify. Thirteen payments were made in 2019. KLR paid a combined total of $14,490 to help landowners establish buffers.

Fourth-Grade Foresters – Arbor Day

In April, KLR celebrated Arbor Day with area students through the Fourth Grade Forester’s Program. The SWCD staff met with fourth grade students in Adrian and Ellsworth to share the benefits of planting and maintaining trees. Each student received conservation information and a white pine seedling to care for and to share with their families.

Learning Area Tours

In September, KLR funded the use of the Ecology Bus for local 5th grade students. The Ecology Bus was used at Adrian’s Prairie Grass Learning Area to educate students from Adrian and Ellsworth. On the Ecology Bus, students learned about water insects and water pollution. Once at the Learning Area, Adrian High School Biology


students educated the younger students on native grasses, the water cycle and the local wildlife.

Nobles County Fair

In August, KLR rented a booth at the Nobles County Fair. KLR was able to include information about their watershed that would affect those of Nobles County. Some of the items shown included: board managers, cost-share opportunities and the boundaries of the watershed. Along with the booth, KLR partnered with Nobles SWCD to provide the Ecology Bus at the Nobles County Fair. On the Ecology Bus, visitors learned about various animals that would be found in prairies and how they survive.

Nobles County Ditch #11 Project

The KLR Board of Managers transferred Ditch #11B to the county in 2017. In 2018, the Board of Commissioners opposed the ditch petition. Those pursuing the petition took the chance to file an appeal. The final appeal decision is planned for 2020.

2020 Budget Preparation

The KLR Managers hosted a public hearing to share and collect information that would impact KLR’s 2019 budget. Information was reviewed by Nobles SWCD personnel. After discussion, the board moved to request $146,592 in levied funds for 2020. The levy requests were approved and forwarded to the Nobles County Auditor-Treasurer and the Rock County Auditor-Treasurer. It was decided that $183,850 of expenditures be approved. The managers decided that the remaining expense balance of $37,258 would be transferred out of KLR’s operating fund to offset the additional 2020 budgeted expenses.


Month to Month Activity

January 17, 2019 – Regular Meeting

The November 15, 2018 meeting minutes, financial reports and invoices were approved as part of the agenda. The City of Adrian requested cost-share for renting the land around the well field. The board then completed their annual housekeeping tasks: set mileage rate, designated depositories and nominated offices and committees.

February 21, 2019– Regular Meeting

The January 17, 2019 meeting minutes, financial reports and invoices were approved as part of the agenda. One cost-share contract was approved and paid this month. The board then approved the 2019 Annual Plan and 2018 Annual Report.

April 18, 2019 – Regular Meeting

The February 21, 2019 meeting minutes, financial reports and invoices were approved as part of the agenda. Cost-Share contracts for four WASCOB projects, one well sealing project, one waterway project and one conservation use acres project were approved. BWSR is one step closer in completing the boundary change of the KLRWD and OOWD.

June 20, 2019 – Regular Meeting

The April 18, 2019 meeting minutes, financial reports and invoices were approved as part of the agenda. Cost-Share contracts for three conservation use acres projects and one buffer project were approved. The board then accepted the 2018 Audit Report provided by Danielle Berg, CPA.

July 18, 2019 – Regular Meeting

The June 20, 2019 meeting minutes, financial reports and invoices were approved as part of the agenda. Cost-Share payments for three tree program projects. The board then reviewed the draft budget.


September 5, 2019 – Regular & Budget Meeting

The July 18, 2019 meeting minutes, financial reports and invoices were approved as part of the agenda. One cost-share contract was approved. The Public Hearing began at 8:00 p.m. The public hearing was to: share budgetary information, obtain the public’s comments, and then act upon the 2020 KLR budget. The KLR managers decided to increase the levy from $140,954 to $146,592. The 2020 expenses were set at $183,850. It was decided that $37,258 would be transferred from KLR’s General Fund to cover the additional expenses. The managers then approved Resolution #2019-1 that approved the 2020 budget. Raddle was directed to forward the levy requests to the Nobles County Auditor-Treasurer and the Rock County Auditor-Treasurer. The public hearing was then adjourned.

October 17, 2019 – Regular Meeting

The September 5, 2019 regular and budget meeting minutes, financial reports and invoices were approved as part of the agenda. Thirteen buffer cost-share payments were paid, as well as, one conservation use acres contract. Shea then informed the board of the two new board members, Adam Henning and William Jansma.

December 12, 2019 – Regular Meeting

The October 17, 2019 regular and budget meeting minutes, financial reports and invoices were approved as part of the agenda. Seven cost-share payments were paid, and one contract was cancelled. The board then approved a two-year agreement with Nobles SWCD for services in 2020 and 2021.

PROGRAM SUMMARY (As of 1/31/20) CASH BALANCE RECEIPTS DISBURSEMENTS CASH BALANCE

2014 Flood Relief - P1 4,509.46$ 4,509.46 -$

2014 Flood Relief - P2 32,170.06$ 32,170.06 -$

2016 State Cost-Share Fund 2,967.77$ 2,967.77 -$

2017 State Cost-Share Fund 10,898.52$ 10,898.52$

2017 Local Capacity 55,770.99$ 276.98 55,494.01$

2017 AIG MOB Hydro Conditioning -$ -$

2018 Buffer Law 4,503.32$ 4,503.32$

2018 Buffer Cost-Share 40,745.52$ 40,745.52 -$

2018 Technical Training Grant (876.32)$ 876.32 -$


2018 Easement Implementation 4,000.00$ 4,000.00$

2018 Local Capacity 122,050.00$ 122,050.00$

2019 Conservation Delivery 18,512.00$ 18,512.00$


2019 SWCD Local Capacity Services 125,000.00$ 125,000.00$

2019 Easement Implementation -$ -$

2019 Buffer Law 55,000.00$ 55,000.00$


2020 Local Capacity 171,373.00$ 171,373.00$

SWCD Local Cost-Share Fund 7,002.20$ 7,002.20$

USFWS - Federal Funds -$ -$

District and County Funds 423,177.66$ 107,059.47 16,570.83 513,666.30$

TOTAL $ 1,125,821.93 107,935.79 97,240.62 $ 1,136,517.10

USE OF CASH (As of Month End Statement on 1-31-2020) CASH BALANCE RECEIPTS DISBURSEMENTS CASH BALANCE

Checking Account - FSBSW 12,639.10$ 58,612.76 71,251.86$

District Savings - FSBSW 1,085,405.16$ 18,048.77 65,973.44 1,037,480.49$

State Cost-Share Savings - FSBSW 27,777.67$ 7.08 27,784.75$

TOTAL $ 1,125,821.93 76,668.61 65,973.44 $ 1,136,517.10

NOBLES SWCD PROGRAM SUMMARY

Kanaranzi – Little Rock Watershed District 1567 McMillan St. Suite #3, Worthington, MN 56187

507-376-9150 ext. 3

Kanaranzi –Little Rock Watershed District Regular Meeting Minutes

January 9, 2020 Adrian City Hall, Council Chambers,

Adrian, MN 56110

CALL TO ORDER: The Regular Meeting was called to order by Chair, Layton Gruis at 4:08 p.m. Present: Mgrs. B. Jansma, L. Gruis, J. Brake, A. Henning Absent: Mgrs. C. Gruis Guests: John Shea (Nobles SWCD Manager), Sabrina Vosberg (Nobles SWCD Assistant), Jill Wolf (City of Adrian), Gene Metz (Nobles County Commissioner) ELECTION OF AGENDA CHAIR AND VICE-CHAIR – L. Gruis suggested we moved this item until after Correspondence. AGENDA: The agenda for the January 9, 2020 meeting was reviewed. J. Brake moved to approve the agenda with L. Gruis’ requested change. B. Jansma seconded the motion. Affirmative: L. Gruis, J. Brake and B. Jansma. Opposed: None. Motion Carried.

MINUTES: The minutes of the December 12, 2019 regular meeting were reviewed. J. Brake moved to approve the minutes as presented. B. Jansma seconded the motion. Affirmative: L. Gruis, J. Brake and B. Jansma. Opposed: None. Motion Carried. COST-SHARE CONTRACTS AND PAYMENTS: Raddle presented the board with the updated logs. KLR-2020-01 Andy Weiss Cons. Use Acres $1,500.00 After discussion, J. Brake moved to approve the contract for Andy Weiss in the amount of $1,500. B. Jansma seconded the motion. Affirmative: L. Gruis, J. Brake and B. Jansma. Opposed: None. Motion Carried. TREASURER’S REPORT: Bills payable, subject to audit, in the amount of $18,000. After review, B. Jansma moved to pay the bills and approve the Treasurer’s Report as presented. J. Brake seconded the motion. Affirmative: L. Gruis, J. Brake and B. Jansma. Opposed: None. Motion Carried. CORRESPONDENCE: HLWD is hosting a cover crop workshop on February 24th. Vosberg also discussed insurance options A. Henning arrived 4:18 p.m.

ELECTION OF 2020 CHAIR AND VICE-CHAIRS: The board discussed how they would like to rotate positions for the 2020 year. They discussed rotating on an annual basis, however, they would keep the treasurer the same.

Chair – Layton Gruis

1st Vice-Chair – Bill Jansma 2nd Vice-Chair – Adam Henning

Secretary – Coleen Gruis Treasurer – Jerry Brake

After discussion, B. Jansma moved to cast a unanimous ballot naming L. Gruis, Chair. A. Henning seconded the motion. Affirmative: L. Gruis, J. Brake, A. Henning and B. Jansma. Opposed: None. Motion Carried. OLD BUSINESS:

A. Wellhead Project – Jill Wolf, City of Adrian, explained the recent funds they received for land acquisitions in the wellhead area. The request the City has for KLR is $89,563.50. The board then discussed the formula that they used with Rushmore.

After discussion, J. Brake moved to approve the asked amount of $89,563.50 for the wellhead project. B. Jansma seconded the motion. Affirmative: L. Gruis, J. Brake and B. Jansma. Opposed: None. Motion Carried. A. Henning abstained from the motion.

B. Buffer Legislation Update – Shea mentioned the buffer article in the Daily Globe. The area is nearing compliant. Nobles County is working on approving the letter that will be sent out to those still in non-compliance.

C. 1W1P – A workgroup and a policy meeting will be held at the end of January.

D. Advisory/ Recognition Meeting – Shea and Vosberg will work on this. The board is asked to bring a new list of potential advisory members.

ADMINISTRATOR REPORT: None. OTHER REPORTS: The ditch projects on the east side of Nobles County are slowly moving forward. Recycling issues are continuing to be problems for Nobles County. The Ditch 11 project is still pending. NEW BUSNIESS: 2020 OFFICES AND COMMITTEES

1W1P Committee – Adam Henning, Coleen Gruis (Alternate)

J. Brake moved to make the above change to last year’s committees. B. Jansma seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. 2020 MEETING SCHEDULE – Meetings are currently schedule for the second Thursday of each month. B. Jansma moved to keep the meeting schedule on the second Thursday of the month at 4:00 p.m. (January, February and December) and 7:00 p.m. (March – November). J. Brake seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. SET MANAGER COMPENSATION RATE – The current approved rate is $75.00 per diem.

A. Henning moved to keep the per diem rate at $75.00. J. Brake seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. DESIGNATE OFFICIAL NEWSPAPER – The current official newspaper is the Nobles County Review. A. Henning moved to keep the Nobles County Review as the official newspaper of the KLRWD. B. Jansma seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. DESIGNATE OFFICIAL DEPOSITORIES – The current depositories are Adrian State Bank and Security Savings Bank. J. Brake moved to approve Adrian State Bank and Security Savings Bank as official depositories. B. Jansma seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. DESIGNATE CHECK SIGNING AUTHORITY – A. Henning moved to keep signing authority as J. Shea, C. Gruis and J. Brake. B. Jansma seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. IRS MILEAGE RATE - $0.575/Mile – B. Jansma moved to accept the IRS mileage rate of $0.575 per mile. J. Brake seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. ARBOR DAY – Vosberg was working on purchasing trees. L. Gruis moved to provide trees to the fourth-grade students in Adrian and Ellsworth. J. Brake seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE MAILING – Reminder to complete the survey. LEGISLATIVE DAYS – March 18th and 19th – The board will let the staff know if they plan to attend. Rooms are available until February 19th. PUBLIC HEARING – BUDGET – The meeting needs to be completed before September 15th. The date of August 13, 2020 at 8:00 p.m. was brought up. J. Brake moved to set the public hearing date to August 13th, 2020 at 8:00 p.m. A. Henning seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. NEWSLETTER – Vosberg was working on completing the 2020 newsletter. J. Brake moved to approve the mailing of the newsletter. A. Henning seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. AUDITOR ENGAGEMENT LETTER – Vosberg presented the board with the Engagement Letter from Holmberg Accounting. J. Brake moved to accept the engagement letter as presented. B. Jansma seconded the motion. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried.

OUTSTANDING Indebtedness Form – Vosberg needed signatures on both forms. KLRWD has no debt. CALENDAR OF EVENTS: Next meeting Thursday, February 13, 2020 at 4:00 p.m. ADJOURN: L. Gruis moved to adjourn the meeting at 5:42 p.m. Affirmative: L. Gruis, A. Henning, J. Brake and B. Jansma. Opposed: None. Motion Carried. ____________________

Secretary

02/11/20 Nobles Soil & Water Conservation District Bills Payable

As of January 31, 2020Name Memo Credit

Checking-1st State Bank SWVerizon Wireless 442091079-00001 Useage Charges 72.16SWPTSA 2020 - Local Share 3,400.00MASWCD-Area 5 2020 Area V Dues 400.00MASWCD MASWCD 2020 Dues 3,712.47Nelsen Construction & Mgmt, Inc. INV. 733 - Summit Lake 11 Manage 2,950.00MN Dept. of Revenue 9742567 State WH 392.00First State Bank Southwest 41-1333891 Federal WH 2,057.36PERA 9369-00 PERA Remittance 1,136.80MCIT 4290 PC and WC Renewal 7,674.00MCIT 4290 PC Renewal 2020 KLRJPB 934.00QuickBooks Payroll Service Created by Payroll Service on 01/06 5,763.67LaCour, Catelyn Direct DepositRunck, Scott C Direct DepositShea, John C. Direct DepositVosberg, Sabrina M Direct DepositBoard of Water & Soil Resources PO#3000008128 - Returned Funds 35,227.00Board of Water & Soil Resources PO# 3000005973 - Returned Funds 1,958.18Board of Water & Soil Resources PO#: 3000006145 - Returned Fund 3,788.26SWPTSA 4th qtr services 902.88MN PEIP- C/O MMB Fiscal Service INV 924695 - Vosberg 363.70QuickBooks Payroll Service Created by Payroll Service on 01/16 5,880.99First State Bank Southwest 41-1333891 Federal WH 2,113.06MN Dept. of Revenue 9742567 MN WH 402.00PERA 9369-00 PERA WH 1,162.13Shellie K. Eisma 2020 Rent - 14,324.40County-Wide Directory, LLC 2020 Plat books - 64406 283.00Minnesota State Auditor Claim No. - 70277 2018 Review 357.00SWMACDE 4 employees - 2020 Dues 40.00LaCour, Catelyn Direct DepositRunck, Scott C Direct DepositShea, John C. Direct DepositVosberg, Sabrina M Direct DepositMarco Technologies LLC NC113 Services - INV 7211093 74.16NCPERS Minnesota 9369309 02/2020 16.00Schumacher's Nursery & Berry Far INV - 2074 - 2019 Fall Tree Order 1,425.00Vast Broadband ACCT: 012501701 - Services 59.95VISA Fuel, Computer, KLR, Supply and p 350.45

Service Charge -Box Fee 20.00Total Checking-1st State Bank SW 97,240.62

TOTAL 97,240.62

Jim Knips, Treasurer

Nobles Soil and Water Conservation District Board Meeting

January 15, 2020

The regular meeting of the Board of Supervisors of the Nobles Soil and Water Conservation District was held January 15, 2020 beginning at 7:30 a.m. The meeting was called to order by Chair, Paul Langseth. Present were Lynn Darling, Rick Nelsen, and Paul Langseth. Also present were Sabrina Vosberg, Administrative Assistant; Catelyn LaCour, Farmbill Technician; Scott Runck, District Technician; Levi Campion, NRCS.

ELECTION OF 2020 CHAIR AND VICE-CHAIR: The board discussed how elections were handled in the past.

Darling moved to make a unanimous ballot and elect all offices as presented. Nelsen seconded the motion.

2020 Offices Chairman – Rick Nelsen

Vice-Chairman – Lynn Darling Secretary – Ken Wolf Treasurer – Jim Knips PR & I –Paul Langseth

Newly elected Chair, Rick Nelsen, took over as Chair.

AGENDA: The Agenda for the January 15, 2020 meeting was reviewed. Vosberg would like to add O. Rental Agreement-Office Space under new business. Langseth moved to approve the agenda with the addition of O. Rental Agreement-Office Space. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

MINUTES: The minutes for the December 18, 2019 meeting was reviewed. Langseth moved to approve the minutes as presented. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

TREASURER’S REPORT: The Treasurer’s Report and Bills Payable was presented and reviewed for December 2019. Langseth moved to approve the reports, subject to audit, in the amount of $89,896.81. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

COST-SHARE CONTRACTS AND PAYMENTS: None

CORRESPONDENCE: Heron Lake Watershed Cover Crop Meeting, MCIT Bulletin, TSA Reports, Public Hearing and MAWQCP flyer.

OLD BUSINESS

Buffer – Koster sent the letter to the county attorney for review. He will notify the SWCD before he mails them out.

Summit Lake 11 – Maintenance contract has been paid for 2019.

DES MOINES 1W1P – Vosberg updated the board on the updates for this 1W1P process. Nobles County is the third largest county in this 1W1P. The policy committee is tentatively scheduled to meet in April.

MOB 1W1P – Vosberg handed out the next policy agenda as well as the Cost-share policy handbook draft and two draft budgets. The two-budget options account for different amounts of staff time that might be needed based on the change in workload.

DISTRICT MANAGER REPORT: Shea provided a report to the board.

Langseth moved to approve advertising in the County Wide Plat Books for 2020. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

DISTRICT CONSERVATIONIST: Campion reported on NRCS. The soil con position was open for Nobles County. He then briefed the board on all the programs. No deadlines have been announced for EQIP. Staff is also working on CSP renewal contracts.

WATERSHED DISTRICTS AND OTHER REPORTS

Langseth reported on OOWD. They approved the budget for 2020. The Ocheda Dam was completed, but the draw down wasn’t effective.

Vosberg reported on KLRWD. Henning will be serving on the 1W1P policy committee for the MOB.

NEW BUSINESS

2020 OFFICERS AND COMMITTEES – Vosberg presented the board with the current committees list. Langseth moved to keep the committees the same as years prior with the addition of Nelsen serving on Des Moines 1W1P with Langseth as alternate. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

2019 MEETING SCHEDULE – A schedule was presented to the board for the third Wednesday of each month at 7:30 a.m.

Darling moved to approve the schedule as presented. Langseth seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

SUPERVISOR COMPENSATION RATE – Darling moved to keep the compensation rate at $75.00 per diem. Langseth seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

DESIGNATE OFFICIAL NEWSPAPER – Langseth moved to keep the Daily Globe as the Official Newspaper. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

DESIGNATE OFFICIAL DEPOSITORIES – Darling moved to designate First State Bank Southwest as the official depository of Nobles SWCD. Langseth seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

DESIGNATE CHECK SIGNING AUTHORITY – Langseth moved to keep check signing authority at Vosberg, Runck, Shea and the board members. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

IRS RATE – Langseth moved to accept the IRS rate of $0.575 per mile. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

ARBOR DAY – Langseth moved to provide trees to the 2nd grade students in Worthington and RLB. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

SIGNING AUTHORITY-FINANCIAL REPORTS – Darling moved to designate the District Manager as signing authority on Financial Reports. Langseth seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

SIGNING AUTHORITY – TECHNICAL ASSISTANCE PROVIDER (TSP) – Langseth moved to designate the District Manager and District Technician as TSP signing authority. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE MAILING – Reminder for the board to complete this online.

LEGISLATIVE DAYS – Vosberg asked who would be interested in attending on March 24-25, 2020. Nelsen, Darling, Langseth and at least one staff will be in attendance.

Darling moved to approve 2 per diems and full mileage for those attending Legislative Days. Langseth seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

SIDE-BY-SIDE – We are no longer able to lease the side-by-side for $10/hour. Three quotes were received from John Deere and one quote from Jaycox. The information was sent to the County Administrator to see if they would be able to use buffer funds for part of the cost.

2019 AUDIT ENGAGEMENT LETTER – Vosberg presented the amount to the board.

Darling moved to accept the engagement letter from Berg at $2,700 for the 2019 Audit. Langseth seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

RENTAL AGREEMENT – OFFICE SPACE – Vosberg presented the agreement to the board. The lease hasn’t been updated since 2009. Currently, we pay $11,764 for the year, this agreement would increase the lease amount to $14,324.40 per year for three years.

After discussion, Langseth moved to accept the agreement for $14,324.40/year for three years. Darling seconded the motion. Affirmative: Darling, Nelsen and Langseth. Opposed: None. Motion Carried.

CALENDAR OF EVENTS

SCHEDULE NEXT MEETING: The next meeting is scheduled for February 19, 2020 at 7:30 a.m.

ADJOURN 9:05 a.m.

_______________________ Ken Wolf, Secretary