Lake Lemon Conservancy District

Board of Directors Meeting Minutes

Benton Township Senior Citizen Building

April 16, 2008

 

Note: Board met in Executive Session from 4:00 p.m. to 5:30 p.m. prior to the start of the regularly scheduled monthly Board meeting to discuss current litigation matters.

 

The April 16, 2008 meeting of the Lake Lemon Conservancy District was held at the Benton Township Senior Citizen Building and was called to order by Chairman Marty Mann at 6:02 p.m.

 

BOARD MEMBERS PRESENT:  Marty Mann, Dave Hobson, Dennis Friesel, Rex Taylor, Barb Ritter, Tom Kelly, and Bruce Cassal.  ALSO PRESENT:  Bob Madden, Manager; Scott McWhorter, Board Recorder; and LLCD Freeholders (see attached sign-in sheet).  Absent: Rachel Atz, CBU Representative.

 

I.                   OPENING COMMENTS (Mann)

 

·        Mann thanked all freeholders for attending the meeting.

 

II.                APPROVAL OF MEETING MINUTES (Mann)

 

·        Approval of March 19, 2008 Board Meeting Minutes.

 

KELLY MOTIONED TO APPROVE MARCH 19, 2008 MINUTES.  HOBSON SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.

 

III.             TREASURER’S REPORT (Friesel)

 

·        Friesel presented the income over expenses for March (See attached).

·        LLCD March income:  $10,734

·        LLCD March expenses:  $14,399

·        We currently have a loan for $125,000 and are paying $545 per month in interest.

·        We are hoping to pay off the loan with the 2006 payable 2007 tax revenue which should be received in October this year.

·        We may need to postpone our dredging program until we receive the tax revenue.

·        Mann agrees that we need to reduce our spending this year.

·        Madden said we may need to extend the loan because we most likely will not receive the 2007 payable in 2008 taxes this year. 

·        Kelly recommends we prepare a month to month cash flow estimate.

 

IV.              2008 Riddle Point Park Use Agreement: Riddle Point Rowing Association (Mann)

·        Same Agreement as 2007.

 

KELLY MOTIONED TO APPROVE THE 2008 RIDDLE POINT PARK USE AGREEMENT WITH THE RIDDLE POINT ROWING ASSOCIATION.  FRIESEL SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.

 

V.                 2008 Agreement for the use of Riddle Point Park Property with the Boys and Girls Club of Bloomington (Mann)

·        No changes have been made to this agreement

·        Kelly is concerned with the language in paragraph 11 which states, “…public liability and property damage insurance in the usual form and with coverage limits equal to maximum statutory liability amounts, for the protection of LLCD and CBU against injury caused to persons or property by reason of BGCB’s use of said facility.” 

·        Kelly would like to confirm the language with Angela Parker, as to why there is not a dollar amount.

 

KELLY MOTIONED TO APPROVE THE 2008 RIDDLE POINT PARK USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF BLOOMINGTON UPON REVIEW OF PARAGRAPH 11 BY COUNSEL.  RITTER SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.

 

VI.              2008 Aquatic Vegetation Control Operating Agreement (Mann)

·        Nate Long with Aquatic Control, Inc presented the 2008 contract for weed control (See Attached).

·        Long explained that LLCD will not receive any grants for weed control this year but that doesn’t disqualify us from receiving a grant next year.

·        Long added that numerous lakes did not receive funding this year and no new aquatic plant management plans received funding this year.

·        Aquatic Control, Inc. bills on a per acre basis.  Due to the successful drawdown and the current lake conditions, we may be able to hold off on initial spraying until June.

·        Aquatic Control, Inc. will conduct an initial survey in May to assess the current conditions. 

 

RITTER MOTIONED TO APPROVE THE 2008 AQUATIC VEGETATION CONTROL OPERATING AGREEMENT FOR $65,000 WITH AQUATIC CONTROL INC. CASSAL SECONDED THE MOTION.  ALL “AYES.” MOTION CARRIED.

 

VII.           South Shore Causeway Safety Concerns (Mann)

·        Over the years, several accidents have occurred on the South Shore Causeway.

·        The quality of the road has degraded with time and has become very unsafe for vehicle and bicycle traffic, especially during ice and fog.

·        Mann has written a letter addressed to the Monroe and Brown County Commissioners asking for a call to action to perform a safety study of the South Shore Causeway (See Attached).

 

 

 

MANN MOTIONED TO APPROVE LETTER AS WRITTEN AND SEND LETTER, MAP, AND PHOTOS TO THE MONROE AND BROWN COUNTY COMMISSIONERS AND COURTESY COPIES TO Tom Swafford, President of Utilities Service Board, City of Bloomington; Peggy Welch, Representative, Indiana House of Representatives; Vi Simpson, Senator, Indiana Senate; Vic Kelsen, President Monroe County Council; Baron Hill, Congressman, 9th Congressional District; Karl B. Browning, Commissioner, Indiana Department of Transportation; Lance Eberle, First Insurance Group, Inc.; Bill Williams, Highway Engineer, Monroe County Highway Department; Mark Skirvin, Superintendent, Brown County Highway Department; bOB WILLIAMS, DEPUTY COMMISSIONER, INDOT SEYMOUR DISTRICT; and Angela Parker, LLCD Attorney.  TAYLOR SECONDED THE MOTION.  ALL “AYES.” MOTION CARRIED.

 

VIII.        Endowment Study Group Update (Friesel)

·        The committee is made up of Dennis Friesel, Barb Ritter and Tom Kelly.

·        The endowment committee has studied methods of allowing freeholders to donate to the conservancy.  It is being proposed by the committee that LLCD create its own endowment.  Freeholders will be able to donate for certain projects or for general purposes.

·         Freeholder Hank Berman, financial advisor, explained in order to move the endowment forward that attorney Angela Parker should approve the legality, and a resolution needs to be completed to open up the account.

·        The account will be separate from the general fund and will need a 2/3rd majority vote of the Board in order to remove any part of the principal.

·        The Board was pleased with the proposal, and asked Madden to have counsel review.   

·        Board action will occur at a future meeting.

 

IX.              Request to Join the Conservancy (Mann)

·        Mann welcomed Ben Jones and Mike Bastin.  They have bought property that is outside of the conservancy boundaries but are hoping to have the property annexed into the District. 

·        Mann said that this has never happened before. 

·        Madden passed out copies of the Indiana Conservancy Act showing the pages that deal with annexation of property into a conservancy district.

·        Ben Jones and Mike Bastin introduced themselves and expressed their interest in joining the conservancy.

·        Mann thanked Ben Jones and Mike Bastin for their interest in the conservancy, and asked Madden to have Attorney Parker review the request prior to the May Board meeting.

 

X.                 Association of Indiana Conservancy Districts: Membership Dues (Mann)

·        Madden received a letter from the Association of Indiana Conservancy Districts for renewal of membership.  Member dues have increased dramatically over the last 2 years ($450.00 – 2007; $750.00 – 2008) and based on LLCD’s current financial situation, Madden recommended not renewing the membership for 2008.

·        The Board agreed with the recommendation.

 

XI.              Letter from Freeholder Linda Ellis concerning Lake Debris (Mann)

·        In the past, removing debris in front of property was landowner’s responsibility.  LLCD would be responsible for removing debris from the boating lanes. 

·        Due to the four floods this winter and spring a larger amount of debris than normal has washed into the lake.

·        Mann recommends management assess the situation this year and act accordingly.  Perhaps a budget line number for lake debris removal should be created for 2009?

·        Friesel agreed that a line item should be added for the 2009 budget.

 

XII.           Manager’s Report (Madden)

·        Petition with the Schell Marina, LLC. has been filed.  Schell Marina, LLC. has filed their defendant’s answer, and now LLCD must file a plaintiff’s answer.

·        LLCD’s insurance will not cover this litigation.

·        Brown County law suit has been delayed.  An audit by defendant (Brown County) has been requested.

 

XIII.        Public Comment

·        None

 

XIV.        NEW BUSINESS / CORRESPONDENCE FOR FUTURE AGENDA

·        None

 

XV.           ADJOURNMENT

 

KELLY MOTIONED TO ADJOURN THE MEETING.   RITTER SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.  MEETING ADJOURNED AT 8:30 P.M.

 

Meeting Minutes submitted by:

 

Scott McWhorter

Board Recorder