LAKE BEULAH MANAGEMENT DISTRICT

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Regular Meeting Minutes

Tuesday, September 1, 2009

PDF VERSION

Following publication, the Lake Beulah Management District held its regular meeting at the East Troy Town Hall on Tuesday, September 1, 2009.

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

Absent:  Commissioner Bitter, RSV Engineering: Robert J. Nauta, P.G.

Also in Attendance:

Attorney Dean P. Laing

Lisa Sweet, Administrative Services

Audience Members:  Robert Mueller, John Becker and Josie Midman

Chairman Skotarzak called the meeting to order at 7:05 pm.

Item #1: Election of 2009- 2010 Officers:

Commissioner Alger made a motion to elect the officers as follows:

Chairperson: Bitter, Secretary: Johnson, Treasurer: Dow

Commissioner Dow moved to amend the nominations presented to add Dave Skotarzak as Vice Chairman.

Commissioner Alger seconded and the motion passed unanimously.

The 2009-2010 Lake Beulah Management District Slate of Officers are as follows:

Item #2:  Approved the Meeting Minutes August 11, 2009

Supervisor Stacey made a motion to accept the minutes from August 11, 2009 as presented, Commissioner Alger seconded, and the motion passed unanimously.

Item #3: Approve payment of Commissioner’s stipend for the past year (2008-2009).

Commissioner Skotarzak suggested the following stipend for LBMD Commissioners: $3,000 to Chairperson, $2,500 each to Treasurer and Secretary and $1,500 each for elected Commissioners and appointed Commissioners.

Commissioner Alger made a motion to accept the stipend amounts suggested, Supervisor Dow seconded, and the motion passed unanimously.

Item 4#: Weed Harvest/Chemical Treatment Report:

Commissioner Alger submitted a bill for the additional chemical treatment.  The bill submitted for $75 during the last meeting was for the DNR permit to add 3 acres.

Commissioner Alger reported that harvester broke a tooth early this week and the staff is currently repairing the minor damage.

Item #5:  Well Status Report

Robert Nauta from RSV Engineering was absent.  Attorney Dean Laing reported on the legal cases pending.  The brief on the No Net Transfer case is due by the end of this week.  The appeals process should be completed by November.  The appeals court will review this case between November 2009 and January 2010.

Item #6 Public Comments:

Resident Robert Mueller asked the LBMD for support in the upcoming Town of East Troy budget planning process.  There are two budget workshops scheduled for September 30 and October 8.  The final budget setting meeting is on November 10, 2009.  Specifically, Mr. Mueller spoke of the incomplete walking trail and the funds needed to complete the trail.  Mr. Mueller wrote a letter explaining the budget process and would like his letter to be published in the local papers.  Mr. Mueller has sent this letter to the Lake Beulah Protective Association.  Commissioner Skotarzak has also received this letter.

Action:

• Commissioner Skotarzak will forward Mr. Mueller’s letter to Commissioner Dow.
• Commissioner Dow will post Mr. Mueller’s letter on the LBMD website.

Resident John Becker expressed two concerns.  The first concern Mr. Beck discussed was the conflict of interest with LBMD’s previous attorney.  Mr. Becker stated he would like to see LBMD recover some of the fees charged by this attorney.  Commissioner Skotarzak stated that as of this time LBMD has not received any type of refund.  Commissioner Skotarzak assured Mr. Becker that the LBMD would take his comments into consideration.

Mr. Becker also asked the board to review its position with the law suit on Well #7.  Mr. Becker stated he feels LBMD should reconsider moving forward with this law suit.  He feels there has been enough money spent and the attorney fees are too high to continue.  Commissioner Skotarzak stated he feels LBMD should continue testing the water because the fees are already built into the budget.  Commissioner Skotarzak also stated that the board will follow through on the brief process because the expenses for the attorney have also been built into the budget.  Commissioner Skotarzak suggested the board discuss this matter with Attorney Dean Laing in Closed Session.

Treasurer Dow will add the approved 2010 Budget to the LBMD web site. He recommended that the recommended and approved $2500 donations to the Kettle Moraine Land Trust in 2009 and 2010 be included in the Weed and Water Control Section of the budget and monthly P&L Statement as these gifts are for the purpose of protecting the lake.

Commissioner Dorn made the motion to accept Treasurer Dow’s suggestion of paying the Kettle Moraine Land Trust from the Weed and Water Control section of the budget, Commissioner Alger seconded and the motion passed unanimously.

Treasurer Dow reported that the US Geological Survey sent LBMD a proposed amendment to our water quality monitoring agreement extending that agreement through September 30, 2009 at a cost of $1,428. LBMD and USGS will continue to share 50% of the water sampling cost. The proposed amendment was approved by Chairman Skotarzak and signed by Treasurer Dow.

Treasurer Dow also reported that the USGS agreed (with input from Bob Nauta) to find a lab that is less expensive than the Wisconsin State Laboratory of Hygiene lab currently required by the DNR Water Monitoring Grant for the chemical analysis of lake water samples. The Wisconsin Lab has already billed the DNR $9,955 for testing under the grant. This amount exceeds the $9,628 to be paid by the DNR grant for chemical analysis through December 31, 2009. The latest lake water samples are already being processed at the Wi State Lab but starting in September 2009, a new, less expensive lab will be selected and used.

Action:

• Commissioner Skotarzak will ask Robert Nauta of RSV Engineering to give the board an  update at the next regular meeting.

Treasurer Dow reported on the audit.  The accountant needs copies of all 2009 minutes.  Lisa Sweet will forward the minutes to Secretary Johnson so she can forward to the accountant.  Treasurer Dow also stated that the audit found that copies of cancelled checks were no longer being supplied by the Citizens Bank of Mukwonago. Treasurer Dow has asked the bank to provide cancelled check information via a CD to be supplied by the bank at the end of each year (including the 2008 calendar year) to be held in our accountant's files for auditor examination.

Item #10 Determine Next Meeting:

The next regular meeting date is scheduled for Tuesday, October 13 at 7:00 pm at the East Troy Town Hall.

Item #11 Adjorn Open Session to convene in Closed Session

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

Commissioner Dorn moved to adjourn the regular meeting, Commissioner Alger seconded, and the motion passed unanimously.   The open session ended at 7:47 pm

Item #12 Re-convene to Open Session:

Re-convene to Open Session to consider and act upon any matters discussed in Closed Session. The board returned to open session at 8:20 pm.

Item #13:  Adjourn

With no further business, Commissioner Alger made the motion to adjourn the meeting, Commissioner Dow seconded and the meeting adjourned at 8:25 pm.

Respectfully submitted,

Lisa Sweet, Administrative Services