Following publication, the Lake Beulah Management District held its regular meeting at the East Troy Town Hall on Wednesday, November 17, 2009 at 7:00 pm.

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

Absent:  None

Chairman Bitter called the meeting to order at 7:03 pm.

Item #1:  Approved the Meeting Minutes October 28, 2009 Regular Meeting

There are two corrections to be made:

1. Change RSV Engineering to RJN Environmental Services, LLC
2. Commissioner Alger: Asked to change page 3 paragraph 6 from “suggested” to “was told”

Supervisor Skotarzak made a motion to accept the minutes from October 28, 2009 with the two changes presented, Commissioner Alger seconded, and the motion passed unanimously.

Item #2: Treasurer’s Report- Presented by Treasurer Dick Dow

Treasurer Dow reported on the reports submitted on the Profit & Loss Budget vs. Actual for January through October 2009 and the Balance Sheet as of October 31, 2009.

Treasurer Dow made a few comments regarding the budget.

Regarding Water Quality Monitoring:  Almost$10,000 DNR Grant money was paid to WI State Lab. Treasurer Dow thought this money was supposed to be paid to Lake Beulah.  Treasurer Dow will hold the remaining money due until there is an explanation regarding the DNR grant money.

Plant harvesting budget is down because the workers had a late start and wages are lower than expected.  Treasurer Dow reminded the group of the upcoming annual $1600 contribution to Divine Word Seminary for storing the weed harvesting equipment at the seminary.

Treasurer Dow reported that he has asked Citizens Bank of Mukwonago to transfer $50,000 from our Line of Credit to our money market account to cover expenses through February 2010.

Treasurer Dow reported that a Certificate of Deposit of $36,000 came due on November 16, 2009.  This money will be rolled over for 12 months and will come due again in fall of 2010.

Commissioner Skotarzak made the motion to accept the Treasurer’s Report as reported by Treasurer Dick Dow.  Commissioner Johnson seconded the motion and the motion passed unanimously.

Item #3: Weed Harvest/Equipment Status Report and possibly take action on this matter:

Commissioner Alger reported that the DNR responded to a few issues regarding weed controll.  The DNR stated that a resident or weed cutter may cut a “pass through” path to access the lake.  The weed harvester can cut weeds by Stringers Bridge and Goat Island.  The weeds would have to be manually picked up since there is not a way for the harvester to pass under the bridges.

Commissioner Alger made the following recommendations:

1. Maintain the current cutter.  The cost to maintain the current cutter would range from $1000 to $3000 depending on the condition of the hydraulic pump.  The cutter bar on the current machine needs some work.
2. Purchase a new cutter with the same size bar as the current cutter and apply for the DNR grant.

The grant process starts with submitting a letter of intent which states the ability to purchase in January of 2010.  LBMD would order the new machine in Spring of 2010 and the machine would be delivered in 2011.  If the DNR approves the purchase, the grant would pay for 50% of the cost.

There was discussion of possibly purchasing a cutter that can be attached to a boat to cut weeds in areas the big cutters could not fit (under the bridges).  Commissioner Dow has a DVD which explains the process and will share it with the group.  The approximate cost of the weed cutter attachment is $3000.

The cost of purchasing a new 7 foot bar machine is approximately $100,000.  Treasurer Dow reported that there is $132,883 in restricted CDs for the purchase of new equipment.

Commissioner Alger made the motion to order the 7 foot weed harvester and apply for the DNR grant in January of 2010.   Commissioner Dow seconded the motion and the motion passed unanimously.

After the motion was approved there was discussion.  It is understood by the board that Commissioner Alger will oversee the maintenance of the cutters and take over as supervisor if need be.  Commissioner Alger stated that Stan Alger will work part time in 2010 and will train Commissioner Alger and the new staff on equipment maintenance.

Item #4 Septic Status Report/Boundary Issue Discussion and possibly take action on this matter.

Chairman Bitter reported that out of 132 homes, 13 have not yet had their septic tanks pumped by the contracted Otto Jacobs.  Chairman Bitter will follow up with those residents. The average cost is $129 per house every three years.

Action Item: Chairman Bitter will follow up with the houses that need their septic tanks pumped and will get the attorney involved if there is no response.

There was discussion regarding the properties in the district that do not have direct access to the lake.  There was discussion regarding properties not within the management district which do have access to the lake.  LBMD will review titles to determine if there is legal access.

There were several comments made by riparian owners.  The main concerns were higher taxes and weed cutting.

Action Item:  Chairman Bitter suggested the group research the ability to adjust the mill rate.  The attorney will determine whether or not residents can be taxed differently depending on the services received.

Commissioner Skotarzak made the motion for the group determine which properties have actual access and easements with the exception of residents on New Deal Drive, Goat Island and Beulah Park.  Commissioner Alger seconded the motion and the motion passed unanimously.

Refer to the hand outs from October 28, 2009 which list properties not in the district.

Commissioner Johnson suggested that the group determine if a sub-committee is needed for this process.  The sub-committee would include both LBMD and non board members.  The group agreed that this issue should be the next step.

Commissioner Dow suggested to the group that the residents of New Deal Avenue should meet as a group and come to the LBMD board with one voice.

Item #6 Commissioner/Public Comments:

Chairman Bitter reported that there is nothing to report on the Status of Well #7 and therefore did not feel it necessary to invite the attorney to the meeting.

There were several comments made by residents regarding boundary issues and weed harvesting. Resident, John Stoss (owner of Fred’s Tap) offered his land for pick up of harvested weeds in front of New Deal Drive.

Commissioner Skotarzak made comments regarding the status of Well #7 and the Village of East Troy.  Commissioner Skotarzak suggested a meeting between the Village of East Troy and the LBMD to discuss the reports and data.

Action Item:  Chairman Bitter will follow up with Bob Nauta regarding this matter.

Commissioner Dow commented about the water quality of Lake Beulah and stated the concern of a hard water lake turning into soft water thus promoting algae and weed growth. Water quality will change over time as high capacity well pumping reduces the flow of groundwater through the aquifer. Our water quality monitoring program will detect this water hardness change.

Chairman Bitter reported that he sent a letter to DeWitt and Ross for settlement payment.  He included an incorrect amount.  The group agreed that another letter should be sent with the correct amount.

Item #7:  Determine Date of Next Regular Meeting

The group confirmed the next regular meeting will be on February 25, 2010 at 7:00 pm at the East Troy Town Hall.

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

Chairperson Bitter moved to adjourn the regular meeting. Adjourn Open Session to convene in Closed Session, pursuant to Wis. Stats. 19.85(1) & (g) to allow District Commissioners to confer with legal counsel and deliberate regarding water well litigation strategy.

Since there was no legal counsel representation at the meeting, there was no Closed Session.

Commissioner Stacey made a motion to adjourn the meeting.  Commissioner Skotarzak seconded and the meeting adjourned at 8:30 p.m