LAKE BEULAH MANAGEMENT DISTRICT

http://www.LBMD.org

Regular Meeting Minutes

April 6, 2009

Following publication, the Lake Beulah Management District held its regular meeting at the East Troy Town Hall on Monday, April 6, 2009

Commissioners Present:  Chairman Dave Skotarzak, Commissioners Stan Alger, Dave Bitter, Dick Dow, Valerie Johnson, and Rick Stacey.

Commissioner(s) Absent:  Doug Dorn

Also in attendance were:

Attorney Dean Laing of O'Neil, Cannon, Hollman, DeJong S.C.

Bob Nauta of RSV Engineering

Newspaper Reporter: Barb Church

One riparian owner

Lisa Sweet - may commit to attending board meetings taking the minutes.

Chairman Skotarzak called the meeting to order at 7:00 p.m.

Item #1 - Approve Meeting Minutes from February 23,  Regular Meeting.

There was one correction to the February 23, 2009 minutes.  Under Item #14 Wisconsin Area Lakes the WAL conference was held in March (not May).  Commissioner Alger made a motion to accept the Minutes as corrected Commissioner Stacey seconded, and the motion passed unanimously.

Item #2 Treasurer's Report - Treasurer Dow

Treasurer Dow reported on the reports submitted on the Profit & Loss Budget vs. Actual January through February and the Balance Sheet as of February 28, 2009.   Since Commissioner Alger had reported at the last meeting that the board would not have to purchase a new weed harvester this year, Treasurer Dow rolled over all of the reserve capital CDs.

Commissioner Bitter made a motion to accept the Treasurer's Report as presented, Commissioner Alger seconded, and the motion passed unanimously.

Item #3 - Weed Harvesting/Chemical Permit Status Report - Commission Alger

The weed harvester permit paperwork was submitted but Commission Alger was unable to get an exact status for reporting at this meeting.

Lakes and Ponds will be coming out in May to reassess some missed labeled weeds and at the same time look over the lake and determine what needs to be done for the chemical treatment this year.

Commissioner Alger reported that he has come across a truck that would meet our needs.  Ron Jarecki is trying to sell one of his landscaping trucks.  It is a Ford diesel, all-wheel drive, with tilt box, and in good condition.  The price is approximately $15,000.  We would have to sell our Ford truck and Commissioner Alger has not investigated yet the Blue Book value.  Commissioner Alger recommends the purchase of the Jarecki truck.  The board agreed that Commissioner Alger should investigate further getting more details on both trucks and report again at the next meeting.

Item #4 - Septic Ordinance Status Report - Commissioner Bitter

Commissioner Bitter reported that there are two residents refusing to respond so our attorney, Crystal Feiber, is working on official letter notifications.

Item #5 - Status Report on Various Grants - Bob Nauta/RSV

The private well sampling will start as soon as people turn their outside faucets on.

The Lake Management Plan is almost complete - just waiting for Lake and Ponds revised update on their work.

USGS should start the spring sampling by late April/early May.  The citizen volunteer lake monitoring will start in late May.  Bob is getting all the USGS reports.

The Village download of monitoring was done in March and RSV was present for it.  Bob got the pumping test data through February with an update in early June.  The Village was not pumping that much for the first couple of months this year.

Treasurer Dow reported on the fiscal matters of the grants.  On March 20 he put in a request for reimbursement for Grant #123108 for 2008 expenses.  The total cost of the grant through 2008 was $14,225 (80% for RSV work which is not covered by grant reimbursement).  The money requested for reimbursement included 7 months of the USGS bill plus $642 for WI State Hygiene totaling $4,544 leaving $3,493 balance left.

Item #6 - Status Report on Well #7 from O'Neil, Cannon, Hollman, DeJong S.C. and RSV Engineering - Dean Laing

There are three cases pending in Walworth County - Judge Kennedy.

1^st Case - 2005 Permit Issue.  Appealed the case and the briefing schedule is:  Our briefing is due on April 15, then Village can reply with their brief, and briefing schedule ends on July 8.  Sometime after July 8 the case will get submitted to the Court of Appeals District 2 and they make a decision whether to issue a decision based on briefs only or to have the lawyers come and argue the case.  Expect decision sometime late 2009.

2^nd Case - Permit Modifications Issue.  Judge Kennedy dismissed the case on March 20.  We have 90 days from March 20 to file an appeal.

3^rd Case - No Net Transfer Ordinance Issue.  Is currently before Judge Kennedy and issued a briefing schedule.  The Village moved for dismissal on February 25.  We filed a response brief on March 30.  The judge has required simultaneous replies submission by April 22 and hearing has been scheduled on April 29.

The Dane County case filed by Dan Bach/Frank Davenport was dismissed on Friday, April 3.  They will have to decide whether to appeal or not.

Item #7 - Report Regarding Wall Convention on March 18-20, 2009

No commissioners attended.  Only Bob Nauta/RSV attended and he does not think their tactics have changed.  The majority of the convention topics were based on invasive species. The Ground Water Ordinance Development presentation by Dan Bach was a closed session.

Gypsy Moth - A major concern for Wisconsin.  This spring eight areas in Walworth County, totaling 451 acres will be sprayed.  The largest spray block is the 97-acre Lake Beulah block, which is around Romadka Park, Byrnes Street, and County Road J.  Twenty-three counties in Wisconsin will require aerial spraying in 2009.  Chairman Skotarzak said he did talk with Bob Mueller, East Troy Town chairman about spraying and Bob said since so much of the area is "private" property the town cannot do anything.

Item #8 - Commissioner/Public Comments

Commissioner Dow reported on the Village of East Troy Open Hearing held on March 23.  Commissioner Dow raised two issues of importance for intergovernmental cooperation:

First Issue:

Boundary issues between the Village of East Troy, Town of East Troy, with input from the Lake Beulah Management District.  He got cut off by the Village Chairman, Lesch, who stated that he had already tried to work with the Town of East Troy and the town refused to meet with him until after the April 7 election.  Commissioner Dow recommends that Commissioner Dorn contact whoever wins the Town Chairman election that a meeting be scheduled as soon as possible.

Second Issue:

Issue about potential problem with Lake Beulah because of Well #7.  He made the point that the taxpayers of the Village and the Town are spending over $100,000 each fighting this issue in the courts.  A small breakthrough was made when the Village and the Lake Beulah Management District Board signed a monitoring agreement and the first round of data indicates there is no permeable layer between the two aquifers and when our hydrologist wrote the Village's hydrologist about this and refused to answer our letter.  So the consequence of this will be more fighting in the courts about whether there has been damage to Lake Beulah.  Commissioner Dow suggested that the two hydrologists meet to discuss and determine what constitutes a dangerous point in the monitoring results so it does not have to result in a court case.  There was no response.

Commissioner Dow said unfortunately his issues above did not get reported in the coverage of the hearing in the newspaper.  He contacted Vanessa Lenz, who covered the hearing for the newspaper, and asked why when public comments/issues are raised at a public hearing, why are they excluded in the newspaper coverage?  Vanessa said she was going to write an article about it.  Discussion ensued about whether it would be better to pay for a newspaper ad stating our issues.  The board agreed.  A motion was made by Commissioner Johnson that Commissioner Dow write a synopsis of what he stated at the hearing on the two issues and submit to the newspaper as an ad for publication, Commissioner Alger seconded, and the motion passed unanimously.  Since the ad is costly, it was suggested that it be put in the East Troy Times Newspaper because it has the largest subscription base rather than both newspapers.  Also, Commissioner Dow said he would contact Vanessa to find out if she is definitely going to write an article.  If so, then he will not proceed with the ad.  The board agreed.

A riparian owner asked about the boundary issue of the Lake Beulah Management District especially in the New Diehl area.  Both Chairman Skotarzak and Commissioner Bitter explained that the board has worked on the database for the district boundary but absolutely no decision has been made on whether to include properties in the New Diehl area.  The riparian owner's concern is about weed cutting in that area (west of Stringers Bridge). If his property is included in the Lake Beulah Management District, then what can be expected about weed cutting?  He referenced the smaller weed cutter suggested a couple of years ago.  Commissioner Alger clarified that issue stating he did investigate the smaller equipment recommended but it is only a weed cutter and not a harvester.  The DNR does not allow the district to cut weeds only - the weeds must be "harvested" (collected) and removed.  Chairman Skotarzak stated that the board is not near making a decision on whether to expand the district, how far, and when.  If and when the board acts upon this matter, appropriate notification to riparian owners would be made.

Item #9 - Determine Next Regular Meeting

Commissioner Alger made a motion that the next Regular Meeting date be scheduled on Monday, May 18, 2009, at 7:00 p.m. at the East Troy Town Hall.  Treasurer Dow seconded and the motion passed unanimously.

Item #10 - Adjourn Open Session to convene in Closed Session, pursuant to Wis. Stats. §§ 19.85(1) (e) & (g) to confer with legal counsel and deliberate regarding water well litigation strategy.

Commissioner Alger moved to adjourn the regular meeting, Commissioner Dow seconded, and the motion passed unanimously.  With no further business, Chairman Skotarzak adjourned to the closed session at 8:05 p.m. in accordance as stated above.

Item #11 - Re-convene to Open Session to consider and act upon any matters discussed in Closed Session

The Board returned to open session at 8:30 p.m. with no further business.

Item #12 - Adjourn

Commissioner Bitter made the motion to adjourn the meeting, Commissioner Dow seconded, and the meeting adjourned at 8:40 p.m.

Respectfully submitted,

Valerie Johnson

Commissioner/Secretary