Lake Lemon Conservancy District

Board of Directors Meeting Minutes

Benton Township Senior Citizens Building

May 17, 2006

 

The May 17, 2006 meeting of the Lake Lemon Conservancy District was held at the Benton Township Senior Citizens Building and was called to order by Chairman Marty Mann at 5:05 p.m.

 

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

 

OPENING COMMENTS (Mann)

·        Mann thanked all freeholders for attending the meeting.

 

I.                   APPROVAL OF MEETING MINUTES (Mann)

·        Approval of April 19, 2006 Board Meeting Minutes.

 

KELLY MOTIONED TO APPROVE THE APRIL 19, 2006 MINUTES.  RITTER SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.

 

II.                TREASURER’S REPORT (Friesel)

A.  Budget Report

·        Revenue is coming from watercraft permits, sublease agreements, marina/club fees, and taxes, totaling $12,000.00.

·        Expenses are going towards salaries, benefits, and GIS services, totaling $10,900.00.

·        LLCD has received an additional $12,000.00 from Brown Co, totaling $24,000 of the $39,000 owed.

·        This leaves $15,000 in delinquent taxes in Brown Co.

·        There is also $20,000 in delinquent taxes in Monroe Co.

B.  Legal Opinion Regarding Brown Co. Taxes (see attached)

·        Attorney Parker’s opinion is that LLCD can legally sue Brown Co.  Additionally, she will explore state legislative options.

C.  Budget Timeline (see attached)

D.    Appoint Budget Committee

·        Historically, the three officers of the board make up the budget committee.

 

MOTION BY FRIESEL TO APPOINT THE THREE OFFICERS OF THE BOARD (CHAIR, V. CHAIR, AND TREASURER) BE ON THE 2007 BUDGET COMMITTEE.  SECONDED BY RITTER.  ALL “AYES.”  MOTION CARRIED.

 

 

 

III.             SRP COMMITTEE UPDATE (Mann)

A.  Extension of Agreement with Commonwealth Engineers, Inc.

·        Extension is for $15,000.

·        Currently, Commonwealth is putting together permits, bid specs, and contract designs for the dredging initiative.

 

MOTION BY KELLY TO APPROVE CONTRACT EXTENSIONS FOR COMMONWEALTH ENGINEERS, INC. FOR SERVICES RENDERED IN 2006, NOT TO EXCEED $15,000.  SECONDED BY RITTER.  ALL “AYES.”  MOTION CARRIED.

 

B.  Review Dredging Bid Specs (see attached)

·        Commonwealth Engineers, Inc. put together bid specs, which include:

o       Mobilization/demobilization

o       Physical removal and barging of sediment being put into a barge

o       Hauling of sediment to disposal site

·        LLCD will send these specs to 4 companies to get quotes by June 9th.

·        At the June Board meeting, the contract will be awarded and the areas to be dredged will be decided.

 

MOTION BY RITTER TO APPROVE BID SPECS AS WRITTEN BY COMMONWEALTH ENGINEERS, INC.  SECONDED BY KELLY.  ALL “AYES.”  MOTION CARRIED.

 

C.     Award of DNR Grant for Sediment Removal

·        LLCD received the first DNR LARE grant for $100,000 in 2005.

·        LLCD received notification for an additional $100,000 in 2006.

 

V.                 MANAGER’S REPORT (Madden)

            A.   Lake Lemon Ordinance Update

·        The first ordinance reading was on May 3rd and on May 10th the ordinances were discussed.

·        The second reading and voting will be tonight, May 17th.

·        If the ordinances are approved, the Mayor will sign them within 30 days, and after his signature, they become law.

            B.  Dam Inspection Proposal (see attached)

·        LLCD has received an estimate from DLZ Engineers, Inc., Indianapolis to conduct an exterior inspection of the dam for $3,000 and an interior inspection for $8,000.

·        LLCD hopes to partner with the CBU for a $4,000 match for the interior inspection.

 

MOTION BY MANN TO APPROVE $3,000 FOR EXTERIOR DAM INSPECTION WITH DLZ ENGINEERS, INC, AND INTERIOR INSPECTION CONTINGENT ON CBU’S PARTNERSHIP WITH LLCD TO PAY $4,000 OF $8,000 FOR INTERIOR INSPECTION.  SECONDED BY KELLY.  ALL “AYES.”  MOTION CARRIED.

 

C.    Status of 2006 Weed Treatment (see attached)

·        Aquatic Control, Inc did a Tier I survey on May 15th to visually observe where plant beds were located.

·        They will treat 40.55 acres of milfoil and 5 acres of native vegetation on May 18th. 

·        Milfoil treatment is funded by LARE for $20,000.  LLCD has also budgeted $30,000 for additional treatments.

D.    Canada Geese Control Update

·        On April 28th, 61 eggs were treated on Cemetery Islands.

·        DNR banding will take place in June to show the non-migratory status of geese at Lake Lemon, which will be used to provide additional control methods in the future.

E.     Kish Shoreline Permit  (see attached)

·        LLCD received a call from R. Clapper regarding a handrail on City property.

·        B. Kish had received a permit from LLCD to repair/replace the handrail, however, when doing so, its placement moved 12 to 15 feet to the south of its original position.

·        R. Clapper claims the new handrail blocks his ability to access the maintenance road and also damaged his drainage pipe so water now puddles on the road, causing further erosion.

·        Kish claims that the slope is very steep and requires a handrail.  She moved it over because the road wasn’t being maintained and wasn’t safe to use.  She also denied damaging drainage.

·        Kish provided a DVD showing heavy equipment using the road in what she stated were hazardous conditions. 

·        Clapper said that he had scheduled a company to come in to maintain the road, but hand-railing placement prevented this from happening.

·        Board discussion:

o       Taylor:  Access to maintenance road cannot be blocked.  A handrail is needed, but not in the middle of the road.

o       Ritter:  After reviewing permit, it appears that the intention to move the handrail was not stated. The railing should be moved back to its original position and the road needs to be fixed.

o       Friesel:  This is CBU land.  It’s steep and no construction should be done there.  The handrail should be moved back to original location.

o       Hobson:  The permit states no intention of moving handrail and it was moved to the most hazardous part of the road even though the intention was to improve safety.  Kish stated that the handrail was supposed to be on the north side of the road, not the middle.  The handrail needs to be moved from the middle of the road.

o       Kelly:  Repair/replace means to do so in the original location.

o       Mann:  Clapper should submit a plan to maintain road or turn it to grass again to prevent as safety hazard.  The railing should be moved back where it was.  The permit didn’t allow it to be moved to the road.

 

MOTION BY MANN TO HAVE BOARD DIRECT KISH TO PUT HANDRAIL IN ITS ORIGINAL LOCATION OR REMOVE IT AND TO HAVE CLAPPER MAKE A PLAN TO MAINTAIN ROAD.  IF NOT DONE IN 30 DAYS, HANDRAIL WILL BE REMOVED AND ROAD WILL BE MAINTAINED AND THE EXPENSE WILL BE DETERMINED AT THAT TIME.  SECONDED BY HOBSON.  ALL “AYES.”  MOTION CARRIED.

 

VI.              PUBLIC COMMENT

·        Freeholder G. Tala owns rental property and has renters paying, which should be considered part of the tax base she, the freeholder, is paying.  She does not agree with the new sublease agreement as written because it doesn’t allow renters to leave boats on the water when they are not renting her property.

·        Hobson’s suggestion was to have the renters pull boat out of water when they leave and place it somewhere on her property.

·        Freeholder B. Cobb commented that freeholders are paying tax money to live here and he does not approve of non-freeholders having the same rights without paying the taxes.

·        Freeholder T. Terry wants clarification on who pays for the removal of Kish’s handrail and the maintenance of Clapper’s road. 

·        Clapper said he would pay to maintain the road.

·        Kish wants to be on June agenda to appeal removal of handrail.

 

VII.           FUTURE AGENDAS

·        Kish – handrail removal appeal

·        Tala – sublease agreement issues

 

MOTION BY MANN TO AMEND THE PREVIOUS MOTION REGARDING KISH’S HANDRAIL REMOVAL AND CLAPPER’S ROAD MAINTENANCE TO ALLOW 30 DAYS FOR HOMEOWNERS TO RESOLVE THE ISSUE.  TAYLOR OFFERED TO MEDIATE THIS PROCESS.  SECONDED BY HOBSON.  ALL “AYES.”  MOTION CARRIED.

 

HOBSON MOTIONED TO ADJOURN THE MEETING.  TAYLOR SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.  MEETING ADJOURNED AT 7:25 P.M.

 

Meeting Minutes submitted by:

 

            Aunna Huber

Board Recorder