Delaware Watershed Joint District No. 10 Kansas

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436            PHONE 785-364-4309 EMAIL: delawarews@delawarewatershed.com MINUTES SPECIAL MEETING, APRIL 28, 2022                      Watershed President, Dave Schmitz, opened the watershed board meeting at 7:00pm at the watershed office with the following board members in attendance: Frank Gilliland, Tim Bolz, Russ Voelker, Jim Braum, Jim Marietta, Aaron Utz, Dan Barrow, and Gary Pfrang. Also in attendance: Dennis White, Watershed Attorney, Greg Maxwell and Corbin Pfrang with Cook, Flatt and Strobel. Marilyn Snider, Watershed Manager.
            Dave Schmitz, discussed the proposal from Cook, Flatt and Strobel (CFS). Also reported that CFS will not have anything to do with our finances. In the past Marilyn made out the checks and signed, then a board member signed, then Marilyn processed the checks to the payee. If CFS is contracted with then they can pick up the mail at the post office, make out payment for bills and set up for payment. Two board members would sign checks. No one from CFS would have anything to do with our finances. CFS would not sign checks. Corbin Pfrang reported everything is hourly. CFS time would be billed hourly but will not exceed $30,000 annually. With the idea that you could hire another engineering firm to do significant and high hazard inspections, rehab design and similar work.       How long before you would want to start? It is up to the watershed when you would want us to start. Dave asked how long Marilyn would still have access to Quickbooks? Marilyn replied she would still have Quickbooks but the payroll aspect goes away the end of May. After the 31st of May Marilyn would need to keep track of her hours on a contract basis. Dennis remarked that Marilyn will need to be paid more than she is now. She will be on call. When Greg calls you, keep track of your time.             Dan asked where we would have our meetings. At least for now they would have their office out there and we would keep our office and have our meetings here. The rent is paid once a year on July 1 for the entire year. The new rent for the year is $9000. The building the CFS uses now is owned by Scott Coleman. Frank mentioned we want everything separate. The watershed wants to pay our own way. That way we are free to use other firms for some work.             Dennis asked what other people were interested is working here? Robin Caudle is the only viable prospect. What was the board’s feeling on that? We would have one person who may only stay a few years and then we would need to go through this all again.

            Dennis asked how CFS keeps track of their time? Corbin reported they use a Deltek Accounting system and you can pull up a specific job and how long a time you spent. Greg has attended Delaware meetings for years. Added in for client work. Dan asked what is a senior engineer?             Corbin reported their executive engineers are the top of the company. Much discussion on costs. Greg will check for messages, mail, etc. Russ mentioned we still have to do annual audits.
CFS will plan to start May 1 with Marilyn training a couple weeks. Marilyn noted that she has some leave time to still be paid for. Leave time is capped at 40 hours. Dave suggested that from the 15th of May to 31st Marilyn not work but the time of leave will be accounted for. But if she is needed during that time period she would be paid on contract basis. Tim stated that the W2s etc information will be available at the end of the year on Quickbooks. Tim Bolz made a motion to accept the CFS contract as attached beginning May 1, 2022; Jim Braum seconded. One person abstained. Motion Passed. After May 31 Marilyn will receive $30 per hour on contract.Board remembered past board members and discussed that the Valley Falls Vindicator had an article about Delaware Watershed 65th anniversary about a month ago.                                                              Respectfully submitted                                                               Aaron Utz,
                    Secretary/Treasurer

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436            PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com MINUTES, March 24, 2022                      Watershed President, Dave Schmitz, opened the watershed board meeting at 7:00pm at the watershed office with the following board members in attendance: Frank Gilliland, Tim Bolz, Russ Voelker, Jim Braum, Jim Marietta, Dean Burns, Aaron Utz and Dan Barrow. Also in attendance: Dennis White, Watershed Attorney, Greg Maxwell with Cook, Flatt and Strobel, Kevin Gustafson , Laura Gray, Jamie Johnson and Jeff Ladner with NRCS, Marilyn Snider, Watershed Manager and Chris Schultz with JEO Consulting Group Engineers. Gary Pfrang is heading to the airport to pickup his wife who was visiting her sick mother in Florida.
            Dave Schmitz noted that we need to add a couple items to the meeting.             First approve the annual meeting January 27, 2022. Jim Braum made the motion and Jim Marietta seconded. Passed. Next approve first quarterly meeting minutes. Russ Voelker made a motion to approve the minutes and Dean Burns seconded; passed.
            Rent increase: Russ Voelker made a motion to approve a $100 increase per month and Tim Bolz seconded. (We pay annually July 1 each year currently $7800. Going forward that would be $9000). Motion carried.
            Treasurer’s Report: Questioned the Workmen’s Comp dollar amount. It would have included one field person and one office person. That should change after the audit. After review of the January – February treasurer’s report, Dean Burns made a motion to approve and Russell seconded. Motion carried.
            Agreed Upon Procedures Report for 2021 books: Discussed the dollar discrepancy between our books and the bank as a result of checks issued but not cleared the bank yet. Jim Marietta made a motion to approve the report as presented and approval to sign the letter; Dean Burns seconded. Passed. Now Dave can sign the letter of approval back to Russell Shipley.
            Bid opening for A-99 and C-58 pipe replacements. There were three bidders (a copy of the bid abstract is attached). The low bid is Ohlsen Construction. Jim Marietta made a motion to approve; Russell seconded the low bidder. Engineers estimate Ohlsen was right in the middle. Motion passed.
            NRCS review of Operation and Maintenance Agreements for Elk Creek and Grasshopper-Coal. Laura Gray, NRCS Salina discussed. If the watershed has any concerns on the sites NRCS could help. With repairs can be pointed out to NRCS.   O&M Reports should be submitted annually. Nebo Creek dams are still permitted dams and still need to be maintained.   NRCS in Association with the State Association of Kansas Watersheds will do the inspections on the federal PL-566 sites this year. Jim Marietta agreed to accompany the inspectors. Gus discussed that the sites over the time of the agreements still need to be inspected (Nebo Watershed). The watershed’s responsibility to NRCS is over after the 50 year agreement. On rehabilitation the watershed can ask for help from NRCS.             Kevin Gustafson (Gus) discussed the remaining Grasshopper-Coal and Elk Creek Sites to be designed and hopefully built. If the watershed wants to move forward with design and additional environmental analysis on the desired sites a letter to Gus needs to be received by NRCS by Wednesday next week. Sites 28A GHC, 4 Elk Creek, 12 Elk Creek and 21 GHC specified. Mitigation costs are included. Jim Braum made a motion to request design and additional environmental analysis needed; Frank Gilliland seconded. Much discussion followed. Discussed the potential for problems when there is more than one landowner on a site. Gus stated that the benefit cost ratio has to be on a site by site basis. Motion passed. DAM WATCH: Laura Gray discussed access to dam watch and whoever is interested.
NBD BURNING: Dave said that Gary Pfrang mentioned to him that it is getting almost too late to burn brome. A 15% fuel surcharge was discussed for this year only. In a text message board members discussed the 15% fuel surcharge this year for NBD Burning. Tim Bolz made a motion to approve the surcharge; Dean Burns seconded and the motion passed.        Discussed the difference between cost for acres for burning pasture vs a watershed dam.
GREG MAXWELL REPORT: Bloom and Bodenhausen plans are ready to be submitted to DWR for permit for pipe replacement. Greg has three sites to start next for pipe replacements: Site A-22 on Roger Gill; Site B-37 on Richard Teaford and C-19 on Dennis White. Frank Gilliland made the motion Dean Burns seconded Passed. Dave reported on his conversation and review of Site C-105 on Bruce Yonke’s property. MILL LEVY: We have to leave the dollar amount same as 2022. Valuations are way up. Budget same dollars as 2022 for 2023. Don’t have to have the extra hearing if we do that.
Chris Schultz of JEO Consulting Group came to introduce himself and his company to us. They have offices in Topeka, Lawrence and one other city in Kansas.
SITE D-34: DWR has requested a safety inspection due by March 2023. Cook, Flatt and Strobel will do the inspection for $1300. Jim Braum made a motion and Dean seconded. Passed             INTUIT/QUICKBOOKS: Our 2019 Quickbooks is not being supported after May 30 by Quickbooks. Discussed having Leesa Harshaw do the payroll, etc. Marilyn will check with her for Judy’s help.
Dave says there is a company in the United Kingdom that would do the state cost share sites like Dam Watch does for the federal sites.
Dave reviewed all the people he had contacted about replacing Marilyn. None of them were interested.Much discussion. Dave discussed a committee of himself, Gary Pfrang, and Frank Gilliland.
Greg discussed the possibility of moving the watershed to the Cook, Flatt and Strobel office in Holton. Scott Coleman owns the building. Jim Marietta asked if there was a possibility that the watershed could have our own space out there. Greg thought a divider could be put up.
We will have to have a special meeting. Dan made a motion to hold a special meeting on Greg’s proposal and costs to do our business. April 28 special meeting to discuss management.                                          Tim Bolz made a motion to adjourn. Russell seconded.

                                                                        Respectfully submitted,
                                                                        Aaron Utz, Sec/Treas

minutes annual meeting January 27 2022

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436             PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com

delawarewatershed.com Quarterly Meeting Minutes

(Following annual meeting January 27, 2022)                         The following people were in attendance: Russ Voelker, Frank Gilliland, Dave Schmitz, Jim Braum, Tim Bolz, Jim Marietta, Gary Pfrang, Dean Burns, Aaron Utz and Dan Barrow board members. Also in attendance were Dennis White, Attorney, Corbin Pfrang and Greg Maxwell, Cook, Flatt and Strobel Engineering, Dillan Klepees and Bryce Carpenter, Jonathan Bryant NBD Burning and Marilyn Snider, watershed manager.
REORGANIZATION OF BOARD: Dennis White opened it up for nominations from the floor for president/chairman. Russ Voelker nominated Dave Schmitz. Dennis White asked three times for nominations for chairman. Dennis asked for nominations to cease..                     Dennis White asked for nominations for Vice Chairman. Dave Schmitz nominated Jim Marietta. Dennis White asked three times for nominations for vice chair. Dennis asked that nominations cease.             Dennis White asked for nominations for Secretary/Treasurer and mentioned that this is a big job. Jim Braum nominated Aaron Utz as secretary/treasurer. Dennis White asked for further nominations. Dennis asked that nominations cease. Aaron Utz was elected secretary/treasurer. DAVE SCHMITZ READ THE MINUTES OF THE NOVEMBER 11, 2021 MEETING: Dave stated he would entertain a motion to approve the November 11, 2021 minutes. Russ Voelker made a motion to approve the minutes as read. Dean Burns seconded. Motion carried. RENT REVIEW: Frank stated that Joe is looking at $100 a month increase. There was a question on what Joe is wanting. $650 per month. We paid $7800 last June for July 1, 2021 to July 1, 2022. We will table rent review until March meeting.
SET BOARD MEETING DATES: March 24, July 28 and November 17 Thursdays at 7:00pm were approved. BURNING WITH NBD BURNING: There are 10 sites on the list as possibles to burn. Extensive discussion of cool season versus warm season grasses and when they should be burned. Dave said that he is hearing that you want to burn just the ones with native grasses? Come back two or three months later and spray to kill the brush that is left. Jim Marietta made a motion to spend about the same amount as last year; Gary Pfrang seconded. Passed. DOC REHABILITATION CONTRACTS Site A-99 for $48000 partial funded (asked for $65000) and C-58 for $72,000. Gary Pfrang mate a notion to approve; Tim Bolz seconded; passed. Motion to approve director or employee authorized to enter into contracts with State of Kansas to approve modifications and dollar amounts ($5000) before requiring board action. Russ made the motion to approve Marilyn Snider for this and Frank Gilliland seconded. Passed.
GREG REPORT: Marilyn reported that Greg asked her to explain that SAKW and NRCS partnering thru Dam Watch to pay for all federal inspections (41 sites) and then Cook, Flatt and Strobel will do the rest of the sites for Delaware at the same cost per site as last year, $75 per site. Dean made the motion to approve $75 per site with Cook, Flatt and Strobel, Jim Marietta seconded. Motion carried.             Greg inspected 135 dams last year. 13 of those sites rated 3. Main problems were beaver and cattle. Some sites inlet was completely buried with mud.             One of those sites is C-105 on Bruce Yonke. Front berm is almost gone. Dave will try to make contact with Bruce Yonke.             AUDITS: Russell Shipley sent a proposal to do an agreed upon procedures at $2250 for year 2021. Jim Braum made a motion to approve having Russell Shipley do an agreed upon procedures; Dean Burns seconded. Passed.             NATIONAL WATERSHED COALITION DUES FOR 2022: Russ made the motion to pay $75 dues. Dean Seconded. Passed             When we have proceeded with federal contracts we had to have special meetings when NRCS was ready.             Russ made a motion to go into executive session for non-elected personnel and Dean seconded for 10 minutes. Passed.             Back in regular session Jim Marietta made a motion to give Marilyn a $1.00 per hour raise; Frank Gilliland seconded. Passed.             .                                              .                                                                         Respectfully submitted,                                                                         Aaron Utz, Secretary/Treasurer

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS             PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com

November 11, 2021 7:00pm Holton
                        The following people were in attendance at the watershed office: Dave Schmitz, Jim Braum, Dan Barrow, Dean Burns, Aaron Utz, Frank Gilliland, Gary Pfrang, and Russ Voelker board members. Also in attendance were John McManigal, Maintenance Manager, Greg Maxwell, Cook, Flatt and Strobel, and Marilyn Snider, watershed manager.    President Dave Schmitz called the meeting to order shortly after 7:00pm.
MINUTES July 22, 2021 Meeting and August 26, 2021 meeting. Jim Braum noted that the July 22 minutes were already approved; Dean Burns made a motion to approve the special budget meeting minutes of August 26th, Russ Voelker seconded and the motion carried.                         TREASURER’S REPORT: Report included January 1 through the end of October 2021. Dean Burns made a motion to approve the report as presented; Jim Braum seconded. Motion carried.             SITE A-49: Jim Marietta made a motion to approve the contractor, Ohlsen Construction to repair the sink hole on Site A-49; Dean Burns seconded. Motion carried. (This was previously approved by email.)
SITE A-99 AND C-58 on Dale and Sue Martin and Tony Raaf properties: We have not received contracts for cost sharing from the DOC yet. Hakim Saadi had told Marilyn that their legal department was reviewing the contracts to see if changes are needed. After discussion Dean Burns made a motion to table this until the January meeting; Frank Gilliland seconded.             SAKW HAS CONTRACTED WITH NRCS THROUGH A COOPERATIVE AGREEMENT TO DO THE O&M INSPECTIONS for our federal structures. The contract starts on January 1, 2022 and must be completed by December 31, 2022. This would eliminate the need for us to do inspections on these sites in 2022. Cook, Flatt and Strobel has the contract. Approval to pay annual dues for 2022 for SAKW and registration for 71st annual meeting February 1 and 2, 2022 at Hotel Topeka at City Center. Dean Burns made a motion to approve paying the dues of $1900 and registration of $65 per person. Jim Marietta seconded and the motion passed. Jim Braum made a motion to approve reservation for night of February 1, 2022 at Hotel Topeka at City Center at $91.00 for Marilyn Snider; Frank Gilliland seconded and the motion carried. Greg Maxwell Report: Greg reported that he has completed most of the inspections. Nebo sites and a few sites where crops were in the way are all that are left. Greg pointed out that the fences mostly excluded the stilling basin (federal sites). Greg stated the fence needs to include the stilling basin because of cattle damages. John McManigal has had to repair stilling basins. Discussed ways of correcting this issue. John McManigal recommended pipe fence. Cook, Flatt and Strobel will present us a proposal for next year to do our O&M inspections. Greg stated that the contract would be the same as this year. John McManigal has installed some beaver guards and has a couple sites to clean. Dennis White small pond pipe is plugged but John isn’t sure that it is beaver. The dam is covered with sumac.   Beams has a ditch that he needs to put riprap in. Earl Stevens site needs work. Hermesch site that used to be Fisher’s Site C-127 is plugged from beaver. John stated that he is using the drawdown to pull down the water down on C-127. Greg found many sites with sericea lespedeza but it is too late in the season to spray this year. KEVIN GUSTAFSON, NRCS ENGINEER: Some sites are no longer viable (Grasshopper-Coal and Elk Creek). We need to do more environmental work. We want to start designing the sites that are still feasible. Need design funds. Need landrights. This is for both Elk Creek and Grasshopper-Coal Creeks PL-566 sites. Want to request funds for design. Right now not a problem to get funds. Does the watershed want to hire the same firms that did the feasibility work? Once you get someone on board to do the work you can use the same contractors that did the feasibility study. Question was asked about mitigation. Herb said mitigation cost is included. Lieu of fee process was mentioned by Herb. Just have to find someone who has mitigation acres. The CORP knows where these mitigation acres are. The lieu of fee process has always been expensive. If the costs fit in with what the feasibility study showed would be acceptable it would work. HERB GRAVES: SAKW is wrapping up the 277 dam contract for 2021. SAKW spot checked the inspection. For 2022 281 dams were approved.   The contract was signed and sent back to the contractor. Sam has been approved to be an inspector. SAKW had an O&M workshop in October. Out of 76 letters we received 6 back. NRCS had a number of attendees. Dave Schmitz our president attended. Dam Watch collects the information when we have rain events and reports it back giving dollar amounts of benefits $3-4 thousand dollars. Trying to get it considered to put all the state dams into dam watch. Separate from PL_566 dam watch. The company that does dam watch asked all kinds of questions some of which Herb could not answer in order to include state dams. Need DWR on board. Division of Conservation is in favor. State funding issues – 2021 legislative session we didn’t get an enhancement like other agencies do because they were using the recommendations from the regional advisory committees. Governor’s 50 year water plan has been in effect 10years . We need to do a better job tracking the (RAX) Regional Advisory Committees when they meet, sending folks to those when it comes time to send information to the Governor so that we will be in a better position. Kansas water Authority – Dam construction is a main item. SAKW annual meeting should have 100% of Delaware 10 members in attendance. Federal employees may not be able to attend. Decided to go with a barbecue caterer. In order to get a representative or senator to come down to eat a box lunch with your representatives the watershed has to invite them. Herb would like our watershed to provide a table top display to toot our own horn. . . . photos or whatever it takes. Jim Marietta questioned –Just for clarification the four sites we prioritize for the 2 sub watersheds. Is that going to be a different process now? Mitigation costs still seem ridiculous. Kevin Gustafson (Gus) mentioned that when we did the feasibility study we did all the sites still not built in the two sub watersheds. We cannot go to design until we have approved plans. The goal is to get to design and then we will be ready to go into construction. Discussed how you arrive at the mitigation numbers. Jim Marietta asked about the NRCS costs. What kind of numbers are you guys anticipating.            Gus stated that any site less than 1:1 benefit cost ratio would drop out. Economics will be the main consideration. Herb mentioned that design can take a year or more to complete including soil mechanics.       Senator Moran worked hard to get PL-566 moving forward again.                         Discussed the possible questions we need to know answers to when Marilyn retires. Need job description. A lot of jobs are filled then the advertisement goes out. Dan suggested that we need someone who has past experience. It was discussed that we could start with someone who would work 20 hours a week doing what Marilyn does.                         DATE FOR ANNUAL MEETING: January 27. Have a meal at Trails at 5:30pm             Frank Gilliland asked if the mitigation effects state cost share sites. Herb mentioned that since the watershed has the costs on that it would be different.
SMALL WATERSHED STRUCTURES: The structure we did on Duane Moore’s property (site C-122) was the only structure we got done in that program. It was a cooperative effort with the conservation district. The NRCS engineer designed the project. The CORP is now involved in any project that effects waters of the US and that wasn’t the case back then.             Russ Voelker made a motion to adjourn; Dean Burns seconded. Motion carried.                                                                                         Respectfully submitted,                                                     Aaron Utz, Secretary/Treasurer

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436 PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com delawarewatershed.com Budget and Revenue Neutral Rate Meeting Minutes August 26, 2021 7:00pm Holton The following people were in attendance at the watershed office: Dave Schmitz, Jim Braum, Tim Bolz, Dan Barrow, Dean Burns, Aaron Utz, Frank Gilliland, Gary Pfrang, and Russ Voelker board members. Also in attendance were John McManigal, Maintenance Manager, Greg Maxwell, Cook, Flatt and Strobel, and Marilyn Snider, watershed manager. President Dave Schmitz called the meeting to order shortly after 7:00pm. MINUTES July 22, 2021 Meeting. Jim Braum made a motion to approve the minutes as read; Dean Burns seconded and the motion carried. Gary Pfrang thanked the board for the memorial contribution for his mother. John McManigal’s report was moved up to here: John reported on the Beam/Dick site C-120. John mowed it. Discussed fence; huge tree on fence. Far East side below dam- really big washout; springy spot up above. Big washout will keep getting bigger. Site C-19 King. John mowed that. Covered with trees. Will need sprayed. It was suggested that it be put on the burn list next year. Marilyn asked what we want to do about the hole on Site C-120. Effects the end of the auxiliary spillway. Wet all the time. Gary mentioned that a load of rock would just disappear into the hole. Dan made a motion that we address the problem; Aaron Utz seconded. Site C-120 was built in 1986. Motion carried Site F-9 Tim Bolz needs a beaver guard. Dan Barrow made a motion to put on a beaver guard; Frank Gilliland seconded. Motion carried. GHC 7 – Landowner wanted a fence fixed to keep cattle in but this fence is outside the confines of the dam. It is along the waterline. Marilyn called the Reichart family back and told them this fence is outside the watershed responsibility for fencing. TREASURER’S REPORT, January 1 through July 31, 2021. Dennis White explained that because of a math error, the 2021 budget only taxed at 1.017 for the watershed. Kathy Mick’s office verified that all taxpayers were charged the 1.017 mills. Taxpayers paid .9 mill less than the year before. Reduced our tax receipts. 2022 budget should be 2.014 mills. Had extended discussion. The treasurer’s report for July 22 meeting was accurate. Dean Burns made motion to approve the treasurer’s report and Russell seconded. Motion carried. APPROVAL TO EXCEED REVENUE NEUTRAL RATE: Jim Braum made the motion to approve exceeding the revenue neutral rate; Dean Burns seconded. Motion carried. APPROVAL OF 2022 BUDGET AT 2.014 MILLS. Dean Burns made the motion; Russell seconded. Motion carried. RESOLUTION FOR LEVYING PROPERTY TAX EXCEEDING REVENUE NEUTRAL RATE: Wording for resolution was questioned. Gary Pfrang made the motion to approve the resolution as amended by Dennis White and Frank Gilliland seconded. Motion carried. SITE A-49: John mowed as requested. It was questioned as to why mow. Hakim Saadi from DOC requested. Greg stated that the center of the top over the sink hole had settled. It is possible material has settled out. Greg mentioned that basically they would be removing the back half of the dam at the sink hole. Greg mentioned that going into winter it would be wise to get the repairs made. The engineer, Duane Mueting, estimated $40,000 cost to do the repair. Dave asked, does the board want to go ahead and do the repair work or wait to see if the state will provide funds next year. It was discussed as to whether the contractor should be held responsible for not using proper materials. There would have to be a time limit for something like that. Dean Burns made a motion to let bids for the repair of Site A-49; Gary Pfrang seconded. Passed. Dean Burns made a motion to email bids to board members; Jim Braum seconded. Motion carried. Bidding will take place after the permit from DWR is received. GREG MAXWELL REPORT: He has looked at about 25% of the dams. So far pipes are in good shape. Sericea lespedeza is on most sites. Discussed whether any new construction is going to be possible in the future. Discussed non jurisdictional dam possibilities. We built one dam on Duane Moore’s property without state involvement because it is under the size limit placed by DWR.. Non jurisdictional dams can be even larger than they could be then. Russ Voelker made the motion to adjourn; Dean Burns seconded. Respectfully submitted, Aaron Utz, Secretary/Treasurer

NOTICE OF BUDGET HEARING The governing body of Delaware Watershed Joint District No. 10 Jefferson County will meet on August 26, 2021 at 7:00pm at 125 West 4th St Holton, Kansas 66436 for the purpose of hearing and answering objections of taxpayers relating to the proposed use of all funds and the amount of tax to levied. Detailed budget information is avaiable at 125 West 4th St Holton, Kansas 66436 and will be available at this hearing. SUPPORTING COUNTIES Jefferson County (home county) Jackson County, Atchison County, Nemaha County BUDGET SUMMARY Proposed Budget 2022 Expenditures and Amount of 2021 Ad Valorem Tax establish the maximum limits of the 2022 budget. Estimated Tax Rate is subject to change depending on the final assessed valuation. Prior Year Actual 2020 Current Year Estimate for 2021 Proposed Budget Year for 2022 Actual Actual Budget Authority Amount of 2021 Ad Valorem Tax Estimate FUND Expenditures Tax Rate* Expenditures Tax Rate* for Expenditures Tax Rate* General 141,907 1.929 199,480 1.017 686,100 318,828 2.014 Debt Service General Totals 141,907 1.929 199,480 1.017 686,100 318,828 2.014 Revenue Neutral Rate** see .971 as the RNR Less: Transfers 0 0 0 Net Expenditures 141,907 199,480 686,100 Total Tax Levied 274,798 153,605 x Assessed Valuation: 142,507,642 151,024,209 158,331,542 Outstanding Indebtedness, Jan 1, 2019 2020 2021 G.O. Bonds 0 0 0 Revenue Bonds 0 0 0 Other 0 0 0 Lease Pur. Princ. 0 0 0 Total 0 0 0 *Tax rates are expressed in mills. **Revenue Neutral Rate as defined by 2021 Kansas Senate Bill 13. Delaware Watershed Joint District No. 10

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436             PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com
delawarewatershed.com Quarterly Meeting Minutes

(Following annual meeting January 21, 2021)             The following people were in attendance: Russ Voelker, Frank Gilliland, Dave Schmitz, Jim Braum, Jim Marietta, Aaron Utz, Dean Burns and Dan Barrow board members. Also in attendance were Greg Maxwell, Cook, Flatt and Strobel Engineering, Terry Kramer, landowner and Marilyn Snider, watershed manager. Dennis White was via ZOOM.
REORGANIZATION OF BOARD: Dennis White opened it up for nominations from the floor for President. Jim Braum nominated Dave Schmitz. Dennis White asked three times for nominations for chairman. Jim Braum asked that nominations cease. Then Dennis recognized Dave Schmitz as new chairman. Dennis asked for show of hands; remarked that Dave Schmitz was elected by unanimous consent.
Dennis White asked for nominations for Vice Chairman from the floor. Dave Schmitz nominated Jim Marietta. Dennis asked for further nominations; Russ Voelker asked for nominations to cease. Dennis White asked three times for nominations for vice chair. Jim Marietta elected by show of hands.
Dennis White asked for nominations for Secretary/Treasurer from the floor. Dave Schmitz noted that Alan Barnett had had this position for a number of years. Dave Schmitz nominated Aaron Utz as secretary/treasurer. Jim Marietta moved that nominations cease. Aaron Utz was elected secretary/treasurer by show of hands.
Discussion ensued for financial matters. This included interest rates, number of CDs, banks of record, duration, the need to stagger the duration, and board information, reporting and regular quarterly meeting discussions were discussed.
MINUTES NOVEMBER 19, 2020: A copy of the November 19, 2020 minutes was in each board member’s packet. Dave Schmitz asked if there were any corrections or additions to the minutes. There being none Frank Gilliland made a motion to approve the minutes and Jim Braum seconded. Motion carried.
NATIONAL WATERSHED COALITION ANNUAL DUES: Jim Braum made the motion to pay the $75 dues. Dean Burns seconded. Motion carried.
SET BOARD MEETING DATES: After calendars were checked, the following dates March 18, July 22 and November 11 on Thursdays at 7:00pm were accepted. Dean Burns made the motion to accept; Frank Gilliland seconded. Motion carried.
AUDIT: After discussion Dan Barrow made the motion that we would do an agreed upon procedure audit. Frank Gilliland seconded and the motion carried. We will have James Gordon and Associates do an agreed upon procedures audit (estimated cost of $2,200).                         Report from Greg Maxwell for Cook, Flatt and Strobel: Greg reported that the Nebo Floodway has been completed. Aaron Utz mentioned that it turned out excellent. The floodway required Kings Construction to extend the floodway an additional 400 feet East. It was decided that the boundaries of the floodway would be marked every 500 feet with white PVC pipe for visibility. Jackson Farmers elevator was given a copy of the map to show where the floodway boundaries are for spraying purposes.
Terry Kramer, landowner at Site Elk 13, reported that an irrigation pond is being built upstream of the structure on his property. They took 350 acres off his drainage. Landowners weren’t notified about the construction. Greg and Dave saw it as a benefit by reducing chemicals and silt into the watershed structure. Greg remarked that a structure smaller than 25 feet tall from the bottom of ditch to top of dam doesn’t need a permit any more.
Greg mentioned that GHC 27 is complete. Mike Anderson, landowner, came down when Greg was there pointing out a small area that appeared to not have gotten seeded. Anderson had allowed the dam to be “destroyed” and now he is complaining about a small unseeded area. Greg mentioned that with landownerships changing O&M costs will continue to increase. People don’t understand. Word needs passed on to new owners that watershed dams have restrictions.             John McManigal sent a report for the meeting. I had asked him to check the mitigation fence at Alan Barnett’s Site GHC 19. He reported there were trees and brush on the fence. The Water gaps need repaired. Cattle are getting out. There is a weeks worth of work. John said would take both machines a week; materials about $1000 with a $7500 cost for the work. GHC 1A has similar problems. Dan Barrow made a motion to have someone else look at Alan Barnetts
            mitigation area fence and give an estimate of cost to do the work; Dean Burns
            seconded. Motion carried.
            Dan discussed fence around watershed dams and mitigation areas. Is the landowner responsible to help with fence maintenance? Most sites Marilyn provides a map to show where the mitigation area is in relation to the watershed dam. Marilyn also reminded the watershed board of the obligation to repair and maintain these wildlife areas as part of the permit requirement received by either the state or federal permitting agencies before construction.             Marilyn normally sends a letter to the landowner each year with a copy of the inspection sheet.             Greg is currently doing inspections down south. Delaware’s $80 per site is not adequate. They have costs of $250 per site. John does the watershed a good job for repair work but shouldn’t do inspections on those same sites. Frank Gilliland mentioned that a person has to be trained to do a good inspection.
Dan Barrow made a motion to have Greg get an estimate from Cook, Flatt and Strobel to do O&M inspections and follow-up inspections after work is done for our next meeting, Dean Burns seconded. Motion carried.             Discussion concerning a person to do inspections and then follow up after repair work is done – photos before and after. Marilyn reported we are getting pictures before and after from John for work his crew does. John has asked the board at past board meetings to have someone go out and look at the sites where he does work to see if the work is adequate. That hasn’t happened.
NBD BURNING SITES: Marilyn came up with 21 sites that need burned. Last year some sites were burned too early. Need to use common sense. Can’t burn when too wet. Wait until late March or April to do burns. Jim Braum made a motion to burn grass at their discretion and burn brush after April 1; Dean Burns seconded. Passed.             Aaron Utz made a motion we require the inspections be done approximately two weeks after the burning is done; Russ seconded. Motion carried.
Frank Gilliland made a motion to enter executive session for 15 minutes at 9:50pm to 10:05; Dean Burns seconded. Dan Barrow made motion to come out of executive session; Jim Braum seconded.
WAGE REVIEW FOR MARILYN: Frank made a motion to give Marilyn $1.00 per hour. Jim Marietta seconded. Motion passed with 2 voting against.                         Jim Marietta made the motion to adjourn. Jim Braum seconded. It was approximately 10:15pm.                                                               Respectfully submitted,                                                               Marilyn Snider                                                               Marilyn Snider, Acting Secretary/Treasurer

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436             PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com
Budget Hearing and Quarterly Meeting Minutes July 16, 2020 7:00pm Holton
                        The following people were in attendance at the watershed office: Dave Schmitz, Jim Braum, Jim Marietta, Tim Bolz, Alan Barnett, and Dean Burns board members. Also in attendance were Greg Maxwell, Cook, Flatt and Strobel, Russell Shipley, auditor with James Gordon and Associates CPA, John McManigal and grandson, Dru and Marilyn Snider, watershed manager, President Dave Schmitz called the meeting to order shortly after 7:00pm.

MINUTES April 23, 2020 ZOOM Meeting. Jim Braum made a motion to approve the minutes as printed; Dean Burns seconded and the motion carried.
TREASURER’S REPORT, January 1 through June 30, 2020. Jim Marietta made a motion to approve the report as printed; Dean Burns seconded. Motion Carried.             2019 AUDIT REPORT: Russell Shipley of Sink, Gordon and Associates handed out copies of two letters and copies of the 2019 audit and then reviewed them with those present. Page 3 of the audit is summary and page 10 is the detail of expenditures. Page 9 shows summary of expenditures actual vs budget. Jim Marietta asked a question concerning overspending budget (budget violation). Russell replied that the budget can be amended to prevent a budget violation if it is known before the end of the year. Russell also replied that it is better to have a budget violation than a cash violation.
Dave Schmitz mentioned that the watershed has been informed by Hakim Saadi, DOC, that funds are maybe not going to be available as earlier thought for pipe replacements. Hakim says that high or significant hazard projects will be funded first and ours are low hazard. What does the board feel about funding a project on our own without state involvement. Russell reported that if what we spent goes over budget we should amend budget before end of year. Alan Barnett made a motion to approve the audit as presented and printed; Jim Braum seconded. Motion carried.                        2021 BUDGET: Mills in the 2021 budget are 2.007 to give us $214,100. Budget for 2020 was 1.929. After discussion Tim Bolz made a motion to approve the 2021 budget. Alan Barnett seconded and motion passed.
NEBO FLOWWAY: Marilyn reported that we are stalled on the Moore easement. Lowell Moore still has to sign and him being in Oklahoma or New Mexico it is hard to get with him. The other Moores signed the easement and sent it to Lowell who said he didn’t get it. The other four Moores had to resign and they are attempting to get Lowell’s signature.
GHC 27: Dan Barrow asked at the last meeting “What can we do about landowners allowing cattle to tear up the dam”. He wanted it discussed at this meeting. Greg Maxwell reported that to solve this problem we are shaping a crossing below the dam to solve a ditch problem. Greg mentioned that he has discussed the problem with Mike Anderson, the landowner. The problem is we don’t know who the renter who owns the cattle is. Someone stated that the renter is a man named Boyce.
SITE C-58 TONY RAAF PROPERTY: If we install a drawdown Greg says we would have to essentially drain the pond. The Raafs are worried about losing all their water if we put in a drawdown. It doesn’t currently have a drawdown pipe. Greg would like to have this site rehabed first. It has erosion under the pipe outlet. Marilyn reported that Site C-58 is the one site we have submitted to the DOC and rehab plans have been submitted without drawdown pipe. Site C-58 has a homemade watering system.
There was discussion about downstream landowners and whether they would want a drawdown pipe available. John reported that a drawdown pipe makes maintenance easier where the water level needs lowered.             Tim Bolz made a motion to NOT install a drawdown pipe on Site C-58 when the rehab is done; Jim Braum seconded and motion passed.
PERSON TO APPROVE MODIFICATIONS ON SITE C-59 AND GHC 27 REHABS: Tim Bolz made a motion to approve Marilyn Snider to make needed modifications for Site C-58 rehab and GHC-27/B-55 rehab; Dean Burns seconded and the motion passed.
JIM MARIETTA: Reported on Dam Watch. We have not had any tickets on any of our sites this year.
GREG MAXWELL REPORT: Site C-59 construction is complete. He just needs to get Bob Chambers from Cook, Flatt and Strobel to come up and see it to sign paperwork.
GHC 27 is just started. Ohlsens have drawn down the water 2-3 feet with a pump from Caterpillar. They couldn’t get the valve open. John has a tool that he could get the valve open but getting it closed is an additional problem. Mike Anderson is worried about his fish. Greg reported that they have a new valve found.
JOHN’S REPORT ON MAINTENANCE: Jeff Reichart, GHC 7, the west rock fence barrier has settled and there is erosion. He has called Marilyn a number of times. John is prepared to fix the problem. Terry Metzger, Site E-9, has sold the North acres with the watershed pond on it. The new owner, Scott Sayles, is very interested in having the beaver guard installed. Site E-9 has had beaver problems for a number of years..
All business completed Tim Bolz made the motion to adjourn. Dean Burns seconded. Adjourn.                                                     Respectfully submitted,                                                       Alan Barnett, Secretary/Treasurer

DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436             PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com delawarewatershed.com
Quarterly Meeting Minutes            April 23, 2020 7:00pm Holton
                        The following people were in attendance on ZOOM: Russ Voelker, Dave Schmitz, Jim Braum, Jim Marietta, Bill Gilliland, Tim Bolz, Dan Barrow and Frank Gilliland board members. Also in attendance were Dennis White, Attorney, Greg Maxwell, Cook, Flatt and Strobel, and Marilyn Snider, watershed manager, Hakim Saadi, DOC, Herb Graves, Manager SAKW, Roger Masenthin and Paul Larson, NRCS and Barb Oltjen, Manager Wolf River Watershed. Bruce Rinkes, landowner, President Dave Schmitz called the meeting to order shortly after 7:00pm. Agenda changed. Marilyn asked for addition of Copy machine to the agenda. Jim Braum made motion for agenda changes; Tim Bolz seconded and the motion passed.
MINUTES January 23, 2020. Jim Braum made a motion to approve the minutes as printed; Tim Bolz seconded and the motion carried.
TREASURER’S REPORT, January 1 through February 2020. Jim Braum made a motion to approve the report as printed; Tim Bolz seconded. Motion Carried.
BUDGET FOR 2021: After discussion Frank Gilliland made a motion to leave mill levy same as last year. Dan Barrow seconded and motion passed. Roughly a 6% valuation increase this year. PIPE REPLACEMENTS: Hakim Saadi says next year could be low taxes monies available. Hakim would need applications by June 30 of this year. Also DWR permits needed by June 30 in order to have a good chance of getting funded. The Division of Conservation (DOC) has a limit of $120,000 per watershed. We could possibly replace pipes in 2 to 3 structures. Marilyn had provided a list of eleven structures in the Spring Straight Sub Watershed that are over 30 years old with corrugated metal pipes. However, there could be structures with pipes in worse condition in other parts of the watershed. Jim Braum made a motion to have Greg Maxwell look at the whole watershed to determine 3 to 4 sites that need pipe replacement the worst.   Bill Gilliland seconded and the motion carried. Bill Gilliland made a motion that after the best candidates are found where pipe replacements are most needed we would apply for funds from DOC; Tim Bolz seconded and the motion carried.             Hakim Saadi reported that this year DOC has funds to do the pipe replacements. Next year is most likely to be very different. All Hakim asks is that we get the applications by the deadline of June 30. If we have the permit from DWR by June 30 you have a much better chance of getting the funds up to $120,000.             Dave Schmitz asked about pressure testing. Hakim stated that they don’t require the pressure testing. He just noted that a 30year old pipe is about to the end of its life. Greg mentioned that those sites below feed lots etc the pipes would deteriorate faster. The Nemaha Brown watershed site that failed was below the Sabetha water treatment plant which caused it to deteriorate faster and the Nemaha Brown Watershed dropped the ball. Marilyn will send the maintenance reports for the watershed to Greg so he can try to find the sites most needing pipe replacement anywhere in the watershed.
NEBO STATE LAKE CONTRACT WITH KDWL&P &T: Coltin Ridenour discussed the proposed contract. Item #9 has been corrected. After discussion Jim Marietta suggested Coltin meet at Nebo with a couple board members. Frank and Dan will coordinate with Coltin to meet at Nebo to try to come up with an agreement within the next couple weeks. Needs to be on a day that other field work for KDWLP&T can’t be done. Where does the contract say brush and noxious weeds on the dam itself will be sprayed? Dan Barrow believes Nebo State Lake should be burned or mowed every year. Coltin reported that the KDWL&P won’t take care of trees. They are a liability issue for KDWLP&T. Whatever is agreed upon at Nebo State Lake needs to be in the written contract. Frank and Dan can speak for the board. Russ had to exit meeting as his battery was dying. GHC 27 BID OPENING/DD VALVE: We only have one bid from Ohlsen Construction. Without the valve on the bid, Marilyn reported that the bid is $64,389.19. Greg Maxwell stated he has found a completely different valve that would cost approximately $4000. It is a fully enclosed resilient wedge, bonneted (cover over valve), valve with either compression or flange end. Paul Larson reported that that is a better valve. Eric Ohlsen had told Greg he thought that would work. Total bid would then be around $68,389.19.       Greg reported that Ohlsens intend to try to get the valve that is in the structure now working to lower the water level. If they can get that done, then does the board just want to leave the valve in the dam? Paul Larson remarked that it may not work forever even if they get it working. Valves must be worked frequently to keep them working. Frank would be in favor of leaving the old valve in if they can get it working, second choice would be the $4000 installed valve if not, but he is not in favor of the $25,000 valve. Jim Marietta made a motion to go with the bid at $64,389.19 if the contractor can get the old valve working; if not then the bid would go to $68,389.19. Any bidding will have quantity variations. Dan Barrow seconded. Passed. NEBO FLOWWAY: Greg called John Bowser last Friday and he isn’t interested in the pond. Carl Anderson doesn’t own the land where the Nebo Flowway needs extended. Bobby Moore and Jerry Wheeler own the land needed. Greg called both and they were receptive about extending the flowway down into their wood lots so it could drain on out. Greg suggested we get confirmation that that is the correct ownership, then get easements signed; let bids before the July meeting (June), then when it gets dry we will have a contractor hired to get it done. Survey work is done. Jim Braum made the motion to get landowners contacted to obtain easements; Tim Bolz seconded. Motion carried.
JOHN’S REPORT ON MAINTENANCE: John’s report stated “We have been concentrating on cleaning PS inlet tubes. Several were plugged or partially plugged. John’s crew is nearly done with those but has been dealing with mud and wet conditions trying to get to them. Also John has a list of ponds with brush or sericea lespedeza problems and will be checking those a little later in the season”. COPY MACHINE: Dave reported that Marilyn can’t scan on the copier with the new computer. She has gotten a bid from Logan Business Machines for Sharp copier at $4750. Black copies at 1 cent and color copies at 6 cents per copy. Jim Braum says there is another company called 360 Document Solutions. He will send information on 360 Document Solutions by email. Service agreements are comparable. Tim Bolz made a motion to purchase the one for low bid and Bill Gilliland seconded. Passed. (Marilyn negotiated with Logan Business Equipment and will get the color copier from them for $4395.00 to be delivered April 30)
2020 GHC CONSOLIDATED APPROPRIATIONS ACT PROPOSAL and 2019 ELK CREEK CONSOLIDATED APPROPRIATIONS ACT PROPOSAL: Roger Masenthin reported that we have submitted the federal proposal for 2020 GHC for Sites 21 and 28A. Proposal was submitted by April 17. The 2019 Elk Creek Consolidated Appropriations Act Proposal was approved for design in January 2020. Environmental work is still needed on Elk Creek Sites 4 and 12. Will probably have original A&E firm do that additional work. All business completed Jim Marietta made the motion to adjourn. Tim Bolz seconded. Adjourn.                                                                        Respectfully submitted,
          Marilyn Snider, Acting Secretary/Treasurer

DELAWARE WATERSHED JOINT DISTRICT NO. 10 ATCHISON, BROWN, JACKSON, JEFFERSON AND NEMAHA COUNTIES PO BOX 70   HOLTON, KANSAS 66436 785-364-4309 Email: delawarews@delawarewatershedl.com Website: delawarewatershed.com ANNUAL MEETING MINUTES JANUARY 23, 2020 WATERSHED OFFICE 125 W 4TH ST, HOLTON, KS David Schmitz, President, called the meeting to order at 7:00pm .   Dave welcomed everyone to the 63rd annual meeting of the Delaware Watershed, thanking them for taking time to be here.             MINUTES: Dave asked for a motion to approve the 2019 annual meeting minutes noting that the minutes are on pages 5, and 6 of the program booklet. Jim Braum made a motion to approve the minutes, Dean Burns seconded. Motion carried.             ANNUAL FINANCIAL REPORT: Dave noted the financial report is on page 8 of the program booklet. Marilyn reported that CD #627330320 shows a balance of $70,351.47. The 351.47 interest should be in the checking account. Balance on the report wouldn’t change. Jim Marietta made a motion to accept the financial report as corrected and Bill Gilliland seconded. Motion carried. GAAP WAIVER RESOLUTION FOR 2020: Dave Schmitz read the resolution to those in attendance. Jim Braum made a motion to approve the resolution for 2020; Gary Pfrang seconded and the motion carried. Several board members signed the resolution. SET DEPOSITORIES FOR 2020: Frank Gilliland made a motion to retain the Holton National Bank, which is now GNBank, Denison State Bank and Farmers State Bank as our depositories for 2020; Bill Gilliland seconded and the motion carried. SPEAKER: Bruce Rinkes, Project Supervisor for Cook Flatt and Strobel, reported on current mitigation requirements. Currently, Bruce reported, permanent water is used to calculate mitigation debits. Spread sheet for a storage system. Full length of the stream. Mitigation is severe because valleys are so narrow in Delaware drainage. Anyone out driving around can view the bottomless culvert in Mill Creek. You are at the mercy of the Corp of Engineers at the moment you start your mitigation plan. It is not cheap and not easy. Every mitigation report is site specific. Cost is about 1/3 of the project for construction. Preparing the mitigation plan costs are as great or greater than costs to design a dam.   Last report Bruce did was 60 pages long. $150,000-$175,000 mitigation costs. What we are looking for is low water crossing or perched culvert that can be changed to bottomless culvert. When you are out traveling around look for those to use for mitigation. Measure distance that will be covered up. CORP engineers don’t think watersheds want to build any more dams. Any obstructions in any streams – look at county roads for perched culverts to be able to replace. Gain points by opening streams up all the way. If any other obstruction in the drainage it cuts your points in half. The other big thing coming down the pike is the Indian tribes are taking a major stake in all this so now you get to do an archeological report with a private firm for the Indian information.   Election: Dave asked for any nominations from the floor three times. Jim Marietta made a motion for nominations to cease; Tim Bolz seconded and the motion carried. Ballots were collected. Dennis White counted ballots. Dave congratulated Dan Barrow, Gary Pfrang and Russell Voelker on their re-elections. FIVE-YEAR PLAN     Dave Schmitz presented the five-year plan as shown on page 7 of the program.    Dean Burns made a motion to accept the five-year plan as presented,   Bill Gilliland seconded and the motion carried. Gary Pfrang made the motion to adjourn the annual meeting to the reorganizational quarterly meeting; Dean Burns seconded and motion carried.                                                                                     Respectfully submitted,                                                                                                                                                                               Alan Barnett, Secretary/Treasurer DELAWARE WATERSHED JOINT DISTRICT NO. 10 PO BOX 70, HOLTON, KANSAS 66436             PHONE AND FAX: 785-364-4309 EMAIL: delawarews@delawarewatershed.com

Quarterly Meeting Minutes (Following annual meeting January 23, 2020)                         The following people were in attendance: Russ Voelker, Frank Gilliland, Dave Schmitz, Jim Braum, Tim Bolz, Jim Marietta, Alan Barnett, Bill Gilliland, Gary Pfrang, Dean Burns and Dan Barrow board members. Also in attendance were Dennis White, Attorney, Bruce Rinkes and Greg Maxwell, Cook, Flatt and Strobel Engineering, Kenneth Utz, Aaron Utz, landowners, Dillan Klepees and Bryce Carpenter, NBD Burning and Marilyn Snider, watershed manager.             REORGANIZATION OF BOARD: Dennis White opened it up for nominations from the floor for president/chairman. Bill Gilliland nominated Dave Schmitz. Dennis White asked three times for nominations for chairman. Dennis asked for nominations to cease. Jim Braum moved nominations cease. Bill moved that we elect Dave Schmitz for president by acclimation. Russ Voelker seconded.                   Dennis White asked for nominations for Vice Chairman. Dave Schmitz nominated Jim Marietta. Dennis White asked three times for nominations for vice chair. Tim Boles made motion that nominations cease.             Bill Gilliland made motion that Jim Marietta be made vice chairman by acclimation. Dave Schmitz seconded. Dennis White asked for nominations for Secretary/Treasurer and mentioned that this is a big job. Frank Gilliland nominated Alan Barnett as secretary/treasurer. Dennis White asked for further nominations. Jim Marietta moved that nominations cease. Dave Schmitz seconded. Bill Gilliland made motion that Alan Barnett be elected secretary/treasurer by acclimation. Dave Schmitz seconded. Alan Barnett was elected secretary/treasurer. Agenda modified per motion by Jim Marietta seconded by Bill Gilliland. Passed. NEBO FLOODWAY: Greg Maxwell reported that we can get the floodway back to original grade by extending it into the timber another 500-600 feet. There is an overfall so ½ foot of drop can be gained. The floodway original plans have it dropping 2 inches every 100 feet. About 4000 yards of excavation needed. 100 acres water drainage. Food for thought, the upper area on Bowsers where he winters cattle is about 100 feet wide. Greg thought a silt dam might be a good idea to extend the life of the floodway. Estimated cost to clean the floodway $29,000 and then the dam on John Bowser would be 8000 yards. Greg thought the dam would be a cost share deal. The dam would cost approximately $32,000. The Floodway has had to be cleaned out every 15 to 20 years. The dam, if built, would have to be cleaned out too. The floodway could be narrowed up to probably 80 feet vs the 100 feet that upper part is now. Dave Schmitz asked Ken Utz to explain why the floodway was constructed as part of the Nebo project. Ken stated they originally had three structures in the plan. The floodway originally flowed south into Nebo Creek which caused much flooding so they changed it to go to an old bio on the Delaware. That redirected the water away from Nebo. Further discussion was had on the proposed silt pond. John Bowser sowed down the area in 1995. Dave Schmitz reported that he was down there with Jerry Wheeler when Greg was surveying for the floodway. He saw where Jerry Wheeler is farming down to the bottom of the floodway. Jerry Wheeler was told that day that he needs to quit farming to the bottom of the floodway. Carl Anderson owns the timber land where we would need to extend the floodway. If Carl Anderson refuses then the floodway can’t even be gotten back to original grade. Dave suggested tabling this until we know what Anderson says. Marilyn said that if we change the design we would have to go through NRCS. However, since it is over 50 years old NRCS may not need to be involved.             BURNING WITH NBD BURNING: There are 38 on the list as possibles to burn. The cost last year to do 10 structures including Nebo State Lake was $7450.00. Looks like B-69 needs burned again. Maybe push some that are not bushed out well should be pushed back into April. Dean Burns made a motion to burn as many as works out.    Frank Gilliland seconded. Passed. MINUTES NOVEMBER 21, 2019: Correction Gary Pfrang was in attendance. Tim Bolz made a motion to approve with correction; Dean Burns seconded. Passed. Marilyn reported that she has not received a copy of the report on D39 and D-40 from Bettis. Terracon said they couldn’t provide a copy of the report since Bettis had requested. She has requested from Bettis twice. Mitigation Bank?: Bruce Rinkes looked into that. They won’t let me (Bruce) carry credits forward from one site to another. Brian Lang works with Doyle Creek and is working on a mitigation bank for the watershed. They are not tying it to a particular site. They are developing a mitigation plan for the bank Jim Marietta said. The hope was they could get credits for the new culverts and then the district could be the mitigation bank. They would have to have app approved for bank and each project using points from the bank in their watershed. Bruce said anytime you change your plan it has to go out on public notice. Takes months. SITE D-12 POTTAWATOMI INDIAN PROPERTY: We are waiting for the Pottawatomi Tribe (Mike Boswell) to tell what they plan to do. We need it in writing. 2020 MEETING DATES: Thursdays March 19, July 16 and November 19 at 7:00pm. We will probably have to have another meeting in July or early August to have the budget hearing and approve the budget. Gary Pfrang made the motion to approve the dates; Dean Burns seconded. Passed.                         AUDITS: Gordon and Associates in Manhattan has said they would charge $4000 to $5000. Bill suggested Marilyn check around to see if we can get a better price. Russ suggested Marilyn check with the local banks for other firms. Suggested contacting Paul Heinen in Valley Falls. Bill suggested Marilyn get figures then contact board by email for approval.             NEBO LAKE CONTRACT WITH KDWP&T: The contract stated KDWP&T will burn the dam every 3rd year. That was in the old contract too but they haven’t burned every third year. Bill Gilliland made a motion to accept the contract. Dan Barrow thought they should burn every year. There was discussion on how often burning should be done. Dan Barrow also stated he thought KDWP&T should remove brush and sericea lespedeza. KDWP&T stocks the lake; feeds the fish, clears the trash, cleans restroom and checks for fishing licenses. Russ seconded Bill Gilliland’s motion.             Dan asked who is liable when the public goes in there since our contract is not current. Dennis White noted that the landowner would not be responsible where there is statutory protection.             Vote was 3 in favor, six against, one abstained. Renewing the contract with KDWP&T failed.             What do you want added to the contract?: 1. KDWP&T to take care of noxious weeds and do vegetation control on all the watershed property.             Russ mentioned that after July 5 areas can be mowed,etc. How often will they mow? Russ suggested we answer their ad for leasing to see what they would pay.             Dennis White noted that the lease hasn’t changed over the years. Jim Marietta asked if it would be beneficial to have KDWP&T to come to our next meeting.             Tim has found a conference table at state surplus, solid cherry, 16 foot, some assembly required, $150.00 and have roller chairs for $10 each. We will get on their mailing list. Motion by Jim Braum to buy the table and chairs; second by Russell Voelker. Passed                              COMPUTER ESTIMATE: Jason Woltje provided an estimate to replace watershed computer. Two choices of computer: one is Intel NUC813BEH with one year warranty. The second OPTI-3070MICRO del optiplex with 3 year warranty for $799.99. Bill Gilliland made a motion to purchase the $799.99 computer. Frank Gilliland seconded. Passed.             NATIONAL WATERSHED COALITION DUES: Jim Braum made a motion to pay the annual National Watershed Coalition dues for 2020 of $75; Dean Burns seconded and the motion carried.
Dean Burns made a motion to go into executive session for 10 minutes at 9:20pm. Bill made motion to go in regular session; Russell seconded. Jim Braum made motion for 5 more minutes in executive session     Jim Marietta seconded. Passed. Bill motion to go into regular session; Russell seconded.             Dave asked for motion. Bill Gilliland made a motion to give Marilyn $1.00 per hour raise. Frank Gilliland seconded. Passed. One opposed.                                           Bill Gilliland made the motion to adjourn. Tim Bolz seconded. It was approximately 10:05pm.                                                                         Respectfully submitted,                                                                         Alan Barnett, Secretary/Treasurer