LAKE BEULAH MANAGEMENT DISTRICT

http://www.LBMD.org

Regular Meeting Minutes

February 23, 2009

Following publication, the Lake Beulah Management District held its regular meeting at the East Troy Town Hall on Monday, February 23, 2009

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

Commissioner(s) Absent:  Val Johnson

Newspaper Reporter: Absent

Also in attendance were:

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

Bob Nauta of RSV Engineering

Two riparian owners: Dan Bach, Glen Krienbrink

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

Item #1 - Approve Meeting Minutes from November 17, 2008, Regular Meeting.

There was one correction to the November 17, 2008 minutes.  Under Item #7 in the second paragraph, 1^st sentence "tow" should be "two".

Commissioner Bitter made a motion to accept the Minutes as corrected Commissioner Alger seconded. 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 December and the Balance Sheet as of December 31, 2008. Same reports for January 2009.

The Board agreed to rollover CD's maturing in February-March for 8 months. No reserved funds will be needed in 2009 for a weed harvester.

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

Item #3 - Grants - Status and Continuing Costs Involved

Treasurer Dow signed the January 8, 2009 Joint Funding Agreement proposal from the U. S. Geological Survey to continue quarterly, water quality monitoring at two locations on Lake Beulah from October 2008 through May 2009. During this period, three of four quarterly samples covered by DNR Planning Grant LPL-1231 will be collected.

Total cost of monitoring will be $6,994, excluding WI State Laboratory water analysis costs to be paid directly from Planning Grant funds. The cost-share ratio of the project is 70:30 with LBMD responsible for 70% or $4,896 to be billed in October 2009.

Item #4 - Septic Pumping - Status Report - Commissioner Bitter

No action

Item #5 - Status Report on Well #7 from O'Neil, Cannon, Hollman, DeJong S.C. and RSV Engineering

Dean reported that:

1. Brief to be submitted to the Court of Appeals by March 11^th on the permit extension case. Timeliness of the petition is the issue. DNR has the duty to file under the Public Trust Doctrine. Decision by late 2009.
2. Well permit modification: Reply brief due by March 2^nd.
3. Ordinance Violation: Due February 25 from the Village, April 19 from Dane County, WAL by April 29^th

Bob Nauta reported that:

1. Quarterly downloading of data from Well #7 (manual pumping, 8 hours per day) shows that water levels are dropping in the aquifer. No loss of data since last May.
2. Well pumped 100,000 gals/day through November. Dropped off in December-less water was needed.
3. Private well monitoring has been suspended until Spring as homeowners have turned off their water systems.

Item #6 - LBMD Web Site Status - Commissioner Dorn

No action

Item #7 - Refund from DeWitt of Legal Fees

Dean recommended that this item be tabled for discussion during the Closed Session.

Item #8 - Tax Base District Boundaries - Commissioner Bitter.

Paul Nyffeler updated the District member list from County records. Some people with lake access are not in the District. Actions discussed in closed session.

Item #9 and #10 - Property Access Ordinance

Not Needed

Item #11- Testing Support -Chairman Skotarzak,

The LBP&IA has agreed to contribute $4,500 to assist in the expense of on-going water quality monitoring. The Board agreed to invoice the Association for this amount in October 2009 when the USGS invoices LBMD as discussed in Item #3

Item #12 - Gypsy Moth Control- Dan Bach, Commissioner Skotarzak

Dan reported that the DNR offers grants for airplane tree spraying in May. Cost is $45 per acre but must have 20 contiguous acres to qualify. Some riparian owners in last summer's affected area refuse to consider spraying. Commissioner Skotarzak will write the Town Board asking them to invoke police powers in the affected area. Request for tent caterpillar police powers will also be requested for spraying along East Shore Road on the Lake Beulah Country Club fence line.

Item #13 - Proposed boat cleaning program at DNR launch

Glen Kreinbrink raised the issue that this project would be very expensive and would not solve problems from boats launched at the yacht club, Double D's etc. Commissioners agreed to not support the project.

Item #14 - Commissioner/Public Comments

• Combined Response to Village of East Troy Smart Growth Plan

Dave Skotarzak, Scott Miller, Nancy Gloe and Lori Artiomore signed the Approved Response and copies were distributed to all Village Board members on December 19^th. Commissioners agreed to publish the Executive Summary of the Response in local newspapers before the next Village Public Hearing on March 23^rd. The Town of East Troy will also adopt the Response. Copies will be forward to all Board members and posted on our web site.

The Board thanked Atty. Dan Bach for his excellent work in combining input from the LBMD, LBP&IA, Friends of Mukwonago River and the Kettle Moraine Trust.

• Wisconsin Area Lakes

The Board agreed to pay expenses for anyone who wished to attend the WAL Conference in Green Bay in March. The Board also agreed to make a one-time donation to WAL of $100.

• Slalom Course on Long Lake

The Board agreed to not object to the slalom course as long as the activity is held on weekdays and the course was removed before dusk.

• Walworth County hearing on control of solar panels and wind mills

Commissioner Stacey reported that a Walworth County hearing will be held on March 19^th because of requests from landowners and equipment suppliers to take advantage of government grant funding for alternate energy projects. Board consensus was that we would not approve major projects within District boundaries that might restrict views of the lake. Also, it was mentioned that there are many places outside our area that have more wind and sunshine levels necessary for profitable electricity generation.

Item #11 - Determine Next Regular Meeting

Commissioner Alger made a motion that the next Regular Meeting date be scheduled on Monday, April 6, 2009, at 7:00 p.m. at the East Troy Town Hall.  Treasurer Dow seconded and the motion passed unanimously.

Item #12 - 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 8:20 p.m. in accordance as stated above.

Item #13 - Reconvene 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 #14 - Adjourn

Commissioner Bitter made the motion to adjourn the meeting, Commissioner Dorn seconded, and the meeting adjourned at 9:10 p.m.

Respectfully submitted,

Richard Dow, Commissioner/Treasurer

For

Valerie Johnson, Commissioner/Secretary