LAKE BEULAH MANAGEMENT DISTRICT

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Regular Meeting Minutes

Tuesday, June 16, 2009

Following publication, the Lake Beulah Management District held its regular meeting at the East Troy Town Hall on Tuesday, June 16, 2009.

Commissioners Present: Chairman Dave Skotarzak, Commissioners: Stan Alger, Doug Dorn, Richard Dow, Val Johnson and Rick Stacey

Commissioners Absent:  Dave Bitter

Other Absent:  Newspaper Reporter, RSV Engineering: Robert J. Nauta, P.G.

Also in Attendance:

Attorney Dean P. Laing

Lisa Sweet, Secretarial Services

Audience Members: John Murphy, East Troy, Bill Tarman-Ramcheck, East Troy and Josie Midman, East Troy

Chairman Skotarzak called the meeting to order at 7:01 pm.

Item #1:  Approved the Meeting Minutes from April 6, 2009 and May 18, 2009

Commissioner Alger made a motion to accept the minutes from April 6, 2009 and May 18, 2009 as presented, Commissioner Dow seconded, and the motion passed unanimously.  Commissioner Dorn abstained to do his absence during both meetings.

There was an error in the Minutes from the April 6^th Meeting.  Page 3 of 4, 2^nd Paragraph, Issue #2: Should be changed to : Did NOT get reported.

Commissioner Dow made a motion to amend the minutes and Commissioner Johnson seconded, and the motion passed unanimously.

Item #2: Treasurer's Report- Treasurer Dow (see attached)

Treasurer Dow reported on the reports submitted on the Profit & Loss Budget vs. Actual for January through May 2009 and the Balance Sheet as of May 31, 2009. Commissioner Dow stated the account for Professional Service Fees were up because of the work done with the septic tank project.Commissioner Dow discussed the purchase of the truck from Environ.  The sale of the old truck should offset the new truck purchase by about $5000.Commissioner Dow reminded the board that the money from the CDs will be available in November 2009.  Commissioner Dorn made the motion to cash in CDs when the have matured, Commissioner Alger seconded the motion, and the motion passed unanimously.

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

Item 3#: Weed Harvest/Chemical Treatment Report

Commissioner Alger submitted a bill to LBMD in the amount of $284.97 for expenses incurred while registering the new truck and fuel.

Commissioner Alger had to set up a new account at Fleet One because the old account would not work.  The crew is to use the new account for future expenses.  The old account has a $6 balance that needs to be paid.

Action: Commissioner Dow will obtain an invoice for the $6 balance and paid it immediately.

Commissioner Alger is in contact with a representative from the state regarding the grant for the new weed harvester.  At this time, the DNR is short on grant money and the possibility of LBMD receiving money is very slim.  Commissioner Alger will obtain additional details regarding the grant money and report back to the board at the next meeting. Commissioner Alger handed out a list of costs for the new harvester and trailer.

Commissioner Alger had discussions with the harvester crew regarding maintenance.  The fuel tanks were just replaced which resulted in a $700 bill.  Commissioner Alger also stated the each year the hydraulic pumps need replacing, which costs approximately $200 to $300.

Commissioner Alger reported that Lakes & Pond has looked over the lake and stated that several areas need chemical treatment (Double D's Bay, East Shore area, Dockside Bay/Yacht Club, South Shore Bay and Camp Edwards).  These areas remain under 10 acres and a permit has NOT been applied for.  The Stringer's Bridge area was not mentioned in the report this year.  The board thinks this area cannot be chemically treated due to other issues.

Commissioner Dow brought up a few issues: What will be done with the current weed harvester?  Commissioner Alger suggested Aquatic find a purchaser.  Commissioner Alger also suggests the harvester should be sold with the trailer.  Once a decision is made to either keep or sell the current harvester, the board will have discussion on what to do with the current weed harvestor.

Action: Commissioner Alger will obtain another bid on a weed harvester.

Item #4: Smart Growth Update

Chairman Skotarzak sent a letter to the village of East Troy asking  the village include the LBMD in the next Smart Growth Meeting.  The village has not responded to the letter.  Chairman Skotarzak had discussions with the town chair regarding this issue.  The town chair indicated he is currently having discussions with the village chair regarding the Smart Growth Plan.  It was suggested that the LBMD work through its issues with the town board.

Audience Comment: Ms. Josie Midman suggested the LBMD have a meeting with the new town chair to discuss boundary agreements.

Commissioner Johnson suggested placing an ad in the local paper regarding boundary agreements.  Commissioner Dorn supported this idea.

Commissioner Dorn  made a motion for Chairman Skotarzak to write a letter in follow up to the first letter sent to the Village of East Troy regarding LBMD's position on the Boundary Agreement, Commissioner Johnson seconded, and the motion passed unanimously.

Item #5:  Septic Ordinance Status Report

No action was taken.  Commissioner Bitter was absent.

Item #6: Grant Status Report

Commission Dow is working with Bob Nauta on obtaining an extension on the grant.    The grant expires in 15 days.  The final billing and report will cost $3000.  Commissioner Dow reported that Bob Nauta contacted the state lab and asked for a refund.  Both LBMD and the State (grant money) paid for the same testing.

Action: Commission Dow will follow up with Bob Nauta regarding the status of the refund.

A motion to move forward with a proposal and land study was made by Chairman Skotarzak; Commissioner Dow seconded the motion passed unanimously.

Item #7:  Well #7 Status Report

Mr. Dean Laing gave an update on the cases pending.

Mr. Laing feels LBMD has a strong position regarding the Permit Modification.  The village filed a motion to strike Mr. Nauta's reports.  The judge agreed with the town and will not strike Mr. Nauta's reports.  The brief is due mid to late July 2009 and will be submitted to the Court of Appeals.

Mr. Laing reported the following time line regarding "No Net Transfer".   In another 45 to 50 days he will send a notice to the Court of Appeals.  The briefing schedule will be in place by September 1, 2009.  The briefing will be done by the end of the year and a decision will be made by early Spring 2010.  The judge will mail his decision to Attorney Laing.  The hearings will be held at the Waukesha County Court House.  At this time, there is not a case like this on record so the Judge has nothing to reference.

Mr. Laing will call Mr. Nauta regarding the data collected.  The board has agreed to ask the village the review the information with the Town Attorney.

Item #8: Public Comments:

Commissioner Dorn has made arrangements with Rob Hudson to maintain the LBMD website.  The website will include the minutes.

Action: Commissioner Johnson will forward the minutes to be posted on the website.

Chairman Skotarzak suggested the board establish a rate for secretarial services.  Treasurer Dow will do some research and contact Lisa Sweet.

Item #12:  Determine Next Regular Meeting

Chairman Skotarzak made a motion that the next Regular Meeting date be scheduled for Tuesday, July 14, 2009 at 7:00 pm at the East Troy Town Hall.  Commissioner Alger seconded and the motion passed unanimously.

Item #13:

Adjourn Open Session to convene in Closed Session, pursuant to Wis. Stats 19.85 (1) (e) & (g) to confer with legal counsel. Legal council was absent.

Commissioner Alger moved to adjourn the regular meeting, Commissoner Johnson seconded, and the motion passed unanimously. With no further business, Chairman Skotarzak adjourned to the closed session at 8:17 pm in accordance as stated above.

Item #14:

Re-convene to Open Session to consider and act upon any matters discussed in Closed Session.

The board returned to open session at 8:34 pm.

Item #15:

Adjourn

Commissioner Dorn made the motion to adjourn the meeting, Commissioner Dow seconded and the meeting adjourned at 8:35 pm.

Respectfully submitted,

Valerie Johnson

Commissioner /Secretary