Following publication, the Lake Beulah Management District held its regular meeting at the East Troy Town Hall on Tuesday, September 21, 2010.

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

Absent:  Rick Stacey (excused)

Also in Attendance:  Lisa Sweet, Administrative Services

Chairman Bitter called the meeting to order at 7:00 pm.

Item #1: Approve Meeting Minutes from the August 23, 2010 Regular Meeting

There was a brief discussion regarding the minutes from the August 23, 2010 regular meeting.

Commissioner Stan Alger made a motion to accept the minutes from the August 23, 2010 meeting as presented, Chairman Bitter seconded, and the motion passed unanimously.

There was a comment made by Treasurer /Commissioner Dick Dow regarding the approved stipend amount for the Vice Chair position. In years past, the approved amount was $1500.  This year the amount of $2500 was approved during the August Regular Meeting and therefore paid to the Vice Chair.   As a result of the newly approved amount, the budget is over $1000 to accommodate the increase.

Item #2: Treasurer’s Report presented by Treasurer/Commissioner Dick Dow.

Treasurer Dow reported on the reports submitted on the Profit & Loss Budget vs. Actual through August 2010 and the Balance Sheet as of August 31, 2010.

Treasurer Dow made the following comments:

The Tax Revenue item on the LBMD budget is slightly ahead.

There is one more payment to make to the attorney so the Proposed Well Defense Fund is slightly ahead.

During the LBMD Annual Meeting budget review, there were a few comments made by Accountant Eric Kramer regarding the payment structure for Secretarial Services.  Dick Dow contacted LBMD accountant Paul Nyffeler and it was determined that the pay structure would remain the same.   Since the position of Secretarial Services does not fit the IRS definition of an employee, tax withholdings are not mandatory.

It was also suggested by Eric Kramer for LBMD for commissioners to receive 1099’s on stipend checks.  This is not required by the IRS and the payment structure will remain the same until otherwise instructed by LBMD Accountant Paul Nyffeler.

Commissioner Stan Alger made a motion to accept the Treasurer’s Report as presented, Commissioner Skotarzak seconded, and the motion passed unanimously.

Item 3#: Weed Harvest/Equipment Status Report- Commissioner Alger

Commissioner Stan Alger stated the confirmation of the grant for the weed harvester will be communicated to LBMD in October.  At this time, Commissioner Alger is not certain of the exact date of the DNR meeting.

Commissioner Alger stated that under the new DNR guidelines, a weed cutter/harvester should last 20 years.  LBMD’s harvester is 14 years old.

Action Item:       Commissioner Alger will call the DNR to get the exact date of the meeting at which the weed harvester grant will be issued.

LBMD will order the new harvester in November 2010 and a 50% deposit is required at time of order.  If the DNR issues grant money, it will be done after the order date.  LBMD has asked for roughly $68,000 from the DNR- which is 45% of the purchase price.

There was group discussion regarding payment strategy for the weed harvester.  The following comments were made by Treasurer Dow regarding the CDs which hold the money for the new harvester.

There is enough money in the account to pay for down payment due this November.  The money for the final amount due is to be rolled into an 8 month CD which will pay 1.2% interest.  Treasurer Dow confirmed a penalty will not be applied if the money is drawn early.

A motion was made by Commissioner Stan Alger to accept Treasurer Dow’s recommendations for the payment of the new harvester, Commissioner Skotarzak seconded the motion and the motion passed unanimously.

There was group discussion regarding operations of the current harvester.  It was agreed the current harvester will be stored in the LBMD shed and maintained for use in the upcoming summers.

Commissioner Alger suggested LBMD apply for a grant on a new conveyer belt in the summer of 2011.  The cost of a new conveyer belt is roughly $14,000.  The conveyer belt takes the weeds from the harvester and loads them on to the truck to be hauled away.  There was a group discussion regarding the conveyer belt and it was agreed the belt is not working properly.

Item #4 Highway J Dam Status Report:

Commissioner Skotarzak reported there was a casual meeting between the homeowners around the Highway J dam, Walworth County representatives and Patrick Engineering.  Commissioner Skotarzak was not aware of this meeting and was not in attendance.  He will contact Walworth County and ask to be notified when future meetings/discussions take place.

The meeting was held to discuss removal of trees and shrubs.  There are two areas of concern and it was determined the trees and shrubs will be removed and grass will be planted.

Riparian Owner, Helen Newman was at the meeting and commented on a few items of concern.  One item of concern is the wishing well and concrete culvert located near the dam.  She also stated there are some utility pipes which run along the bridge of the dam.

Commissioner Dave Skotarzak will post information regarding this issue on the LBMD website.

There was group discussion regarding the lake frontage by Double D’s piers.  A few years ago LBMD made efforts to restore that area with aquatic plants.  The plants have since died because of boats being beached by patrons of Double D’s.  Commissioner Skotarzak commented he would like to get quotes on restoring the land again.

Action Item:       Chairman Bitter will contact the attorney to review the agreement established between  Double D’s and the LBMD regarding piers and shoring boats.

Action Item:       This item is to be added to the next meeting’s agenda.

Item #5:  Septic Ordinance: Discussion and Possible Action

Chairman Bitter reported he received a copy of the new ordinance prepared by the attorney which relieves LBMD from monitoring the septic pumping for homes which are part of LBMD.   Walworth County Public Works Department will be monitoring pumping going forward.  Chairman Bitter read the official ordinance language to the group.

Chairman Bitter made the motion to accept and approve the ordinance language prepared be the attorney regarding the monitoring of septic tank pumping on Lake Beulah.  The motion was seconded by Commissioner Alger and the motion passed unanimously.

Action Items:     Chairman Bitter will forward an electronic copy of the ordinance to accountant Paul Nyffeler and the East Troy Town Chairman.  Commissioner Dow will have the ordinance  added to the LBMD website.

Chairman Bitter will call Walworth County regarding the referral of Otto Jacobs.

Item #6 Expansion of LBMD Boundaries: Discussion and Possible Action

Chairman Bitter reported he had discussions with Attorney Crystal Feiber regarding Lake Boundary Ordinances and the legal definition of lake access.  There are a few items that need to be considered to add Beulah Park residents to the LBMD.

Action Item: Chairman Bitter will contact RSV Engineering for a copy of the legal description of lake access.

Beulah Park residents have access to the lake via piers and boat lifts.  At this time, residents of Beulah Park are not included in the Lake Beulah Management District.  In order to add residents to the district, an ordinance must be passed.  LMBD must obtain a copy of the Statement of Original Benefit which will state the definition of the management district.   Once this is determined, the ordinance must be accepted and passed by the Town of East Troy and the Walworth County Zoning Department.

Chairman Bitter would like to see this ordinance passed by the end of the year 2010.

Item #7: Town of East Troy Report- Commissioner Dorn

Commissioner Dorn reported he had discussions with the new town chairman- Joe Klarkowski.  Chairman Klarkowski stated there have been a few concerns communicated from citizens to the town hall:

1)      No wake hours on Lake Beulah

2)      Wake board boats- shoreline damage

Chairman Bitter suggested a committee be formed to address these concerns.  Commissioner Dorn will contact a few riparian owners for committee participation.  The following names were suggested: John Becker and Tom Atkinson.  This committee will meet and have discussions regarding these issues.  The committee will make recommendations to LBMD.  LBMD will then make a recommendation to the Town of East Troy.

Action Item:       This committee report will be added to the next meeting’s agenda.

Item #8: Walworth County Report- Commissioner Rick Stacey

There was no report since Commissioner Rick Stacey was not present.

Item #9: Status Report on Well #7:

Attorney Dean Laing was not present at the meeting since there was nothing to report.

Commissioner Dow commented the new Data Reporters were installed and data will be available at the October meeting.    Commissioner Dow also stated that Bob Nauta was able to take water samples in August and it currently having USGS do the labs work.

Item #10: Commissioner/Public Comments:

Commissioner Alger stated he had discussions with riparian owner Tom Atkinson.  Tom lives in the bay on the west end of the lake by Stringer’s Bridge Road and would like to see Slow/No wake buoys added to that area.

This issue of buoy placement and purchase of new buoys will be on the agenda of the committee which Commissioner Dorn will form.  Ultimately, the East Troy Chief of Police has final say when it comes to buoy placement.  LBMD will have to apply for permits and purchase the new buoys.

Treasurer/Commissioner Dick Dow commented on the settlement of the last grant for lake water analysis.  Since Bob Nauta left RSV, he does not have the original grant information.  Bob has agreed to make attempts to obtain a copy of the grant application.

There was group discussion regarding the wording for the agendas which are printed in the local newspapers.  Chairman Bitter would like to add more language and has agreed to take on the task of forming and wording future agendas.  Commissioner Val Johnson explained the deadlines for the local papers and agreed to work with Chairman Bitter on this issue.

Item #11: Determine the Next Regular Meeting:

It was determined the next regular meeting will be held on Tuesday, October 26, 2010 at 7:00 pm at the East Troy Town Hall.

Item #12: Adjourn Open Session to convene in Closed Session, pursuant to Wis. Stats 19.85 (1) (e) & (g)  to allow District Commissioners to confer with legal counsel and deliberate regarding water well litigation strategy.  Since legal counsel was absent there was nothing to discuss and therefore no closed session took place.

Item #13: Adjourn Meeting:

Chairman Bitter moved to adjourn the regular meeting, Commissioner Dow seconded, and the motion passed unanimously.  The meeting adjourned at 8:23 pm.

With no further business, Commissioner Alger made the motion to adjourn the meeting, Commissioner Dow seconded and the meeting adjourned at 9:20 pm.

Respectfully submitted,

Lisa Sweet, Administrative Services