Following publication, the Lake Beulah Management District held its regular meeting at the East Troy Town Hall on Tuesday, October 26, 2010.

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

Absent:  Rick Stacey (excused), Dave Skotarzak (excused)

Also in Attendance:  Lisa Sweet, Administrative Services

Chairman Bitter called the meeting to order at 7:10 pm.

Item #1: Approve Meeting Minutes from the September 21, 2010 Regular Meeting

There was a brief discussion regarding the minutes from the September 21, 2010 regular meeting.

Commissioner Stan Alger made a motion to accept the minutes from the September 21, 2010 meeting as presented, Commissioner Doug Dorn seconded, and the motion passed unanimously.

Item #2 REPORTS:

(a) Treasurer’s Report presented by Treasurer/Commissioner Dick Dow.

Treasurer Dow reported on the reports submitted on the Profit & Loss Budget vs. Actual and Balance Sheet through the end of September.

The recent insurance bill did not have a clear explanation of what the premium was for and therefore Treasurer Dow has called the insurance company and now has a written statement of what the premium covers.

Commissioner Dorn questioned why there is excess money in the budget.  He questioned if LBMD over budgeted.  Treasurer Dow explained the budget to date includes attorney’s fees covering Well #7 litigation that are under budget. There was a group discussion regarding the excess funds.

Treasurer Dow noted that the LBMD budget was passed at our annual meeting and the tax levy was approved for 2011. The tax levy for 2011 will be $255,547 and the 2011 budget will be $257,547.  Treasurer Dow requested signatures to approve Resolution 2010-2 to accept and apply the 2011 tax levy.  Signatures were obtained and the resolution will be passed on to the Town of East Troy

Commissioner Doug Dorn made the motion to accept the resolution for the 2011 tax levy.  Treasurer Dick Dow seconded the motion and the motion passed unanimously.

Treasurer Dow made a comment regarding the 1.4% increase in Equalized Value of Lake Beulah for 2010.  There was a brief discussion regarding the parameters of Equalized Value.

Commissioner Stan Alger requested a line item title on the budget be changed to reflect what the money is for.  The line item “Chemical Treatment” should be changed to “Chemical Treatment/Weed Harvesting Permit”.  Since there was no chemical treatment applied to the lake this year, the money allocated for this item was used for the Weed Harvesting Permits.

Commissioner Dick Dow commented on the current status of the three CDs.  The CD worth $66,768.86 matured on 10/22/10.  Commissioner Dow opened a restricted money market account with a checkbook for this money and it will be used for the payments on the new harvester.  If payments are not made and the money is not used, Commissioner Dick Dow will leave $1000 in the account and re-invest the remaining money in a new CD.

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

(b) Weed Harvest/Equipment Status Report- Commissioner Stan Alger

Commissioner Alger reported that he received an informal phone call from Gina at Aquarius Systems.  She indicated that LBMD was approved for partial funding of the new weed harvester.  The amount has yet to be determined, however Commissioner Alger assumes it will be between 37.5% and 38.5%. The DNR will make an official announcement soon.  Once the official announcement is made and there is a firm commitment, Commissioner Alger suggested starting the paperwork to process the order for the new harvester.

There was brief discussion as to who will complete the order and paperwork.

Action Item:  Completion of the paperwork for the new weed harvester will be added to the November 2010 agenda.

There was a group discussion regarding the current conveyor belt.  Commissioner Stan Alger stated the belt has been repaired and should last one more season.

Commissioner Dick Dow made a comment regarding the staff and the equipment maintenance.  He stated the crew did a wonderful job and their last paychecks for the season will be in the mail shortly.

(c) Town of East Troy- Commissioner Doug Dorn

Commissioner Doug Dorn stated there is nothing to report from the Town of East Troy.

Commissioner Doug Dorn commented he has had informal discussions with a few residents regarding the two concerns which came from the Town of East Troy (no wake hours and wake boarding boats).  Commissioner Doug Dorn stated he reviewed the ordinances regarding these items and found they are inconsistent from lake to lake.  Commissioner Dorn will continue the research the rules and guidelines for other lakes in the area.  Commissioner Doug Dorn stated the next East Troy Town meeting is Monday, November 8, 2010.

Action Item: Commissioner Dorn will attend the meeting and request a complete set of lake rules from the Town of East Troy.  Commissioner Dorn will also talk to the town about the recent buoy concerns.

(d):  Walworth County Report- Commissioner Rick Stacey

Commissioner Rick Stacey was absent and excused since there was nothing to report.

(e):Well #7- Attorney Laing and Bob Nauta

Neither Attorney Laing nor Bob Nauta was present at this meeting.  Chairman Dave Bitter stated there was nothing to report.  There was a group discussion regarding the lightning strike which cracked the monitoring well casings and burned out the data logger. It was reported that the Village of East Troy had to re-drill the wells and replace the data logger.

Commissioner Dick Dow commented on the Lake Management Plan and payment for the plan.

Action Item: Commissioner Dick Dow will have discussions with Bob Nauta regarding the grant money and discrepancy in payments for the Lake Management Plan.

(f): Water Activities Committee- Doug Dorn

Commissioner Dorn will continue discussions with lake residents and the Town of East Troy regarding the concerns mentioned:  No Wake Hours and Wake Board Boats.

Action Item: After each meeting, Commissioner Doug Dorn would like to forward the LBMD Minutes to the Town of East Troy.

Item #3: Communications

Chairman Dave Bitter would like to continue setting the agenda and Commissioner Val Johnson continue the process of communicating the agenda to the local papers. .  The group reviewed the agenda publication process.

Item #4 Old Business:

(a) Preferred Provider/Septic Pumping: Report of progress and possible actions on special pricing by Otto Jacobs. Chairman Bitter stated there was nothing to report.

(b) Expansion of Boundaries: Report of progress and possible action to approve expansion and request a Walworth County hearing. Chairman Bitter had a discussion the attorney from Sheboygan determined this issue requires a public hearing.  Chairman Dave Bitter requested this item be added to the next meeting.

(c) Status of the final filing to the DNR on the Lake Management Plan Grant- Bob Nauta. Bob Nauta was not present at this meeting and therefore there was no report.  Commissioner Dick Dow commented on the final filing.

(d) Highway J Dam- no firm schedule from County- still plan on clearing around spillway this fall. Commissioner Dave Skotarzak was not present at the meeting and therefore was no report. This item is to be added to the next agenda.

Item #5 New Business:

(a) Report on shoreline preservation on LBMD property. LBMD is in the process of obtaining bids for the restoration of the shoreline near Double D’s.  LBMD will double check on the current easements for the Double D’s piers.

(b) Shoreline Restoration- Bob Nauta

Bob Nauta was not present at the meeting, therefore there was no report.

Item #6 Commissioner/Public Comments:

Commissioner Dick Dow stated he will mail a $2500 check to Kettle Moraine Land Trust.  This money was approved at the LBMD annual meeting two years ago and has been budgeted for.  Commissioner Dick Dow will prepare the $1600 check to the seminary for Commissioner Dave Skotarzak to deliver during the holiday season.

Commissioner Dick Dow made comments on a recent article in the Lake Connection.  There were several incorrect statements regarding the net transfer of ground water in Lake Beulah.

Action Item: Commissioner Dow will write a letter to the Lake Connection regarding the incorrect statements.

Item #7: Determine Next Regular Meeting:

It was determined the next regular meeting will be held on Tuesday, November 30, 2010 at 7:00 pm at the East Troy Town Hall.

Item #8: Entertain a motion to go into closed session pursuant to Wis. Stat. Section 19.85(1)(g) for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved regarding the high capacity well litigation.

Since the attorney was not present no motion was presented and the meeting did not go into closed session.

Item #9: Adjourn Meeting:

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

Respectfully submitted,

Lisa Sweet, Administrative Services