Lake Lemon Conservancy District

Board of Directors Meeting Minutes

Benton Township Senior Citizen Building

May 21, 2008

 

The May 21, 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 6:10 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; Rachel Atz, CBU Representative; and LLCD Freeholders (see attached sign-in sheet).

 

I.                   OPENING COMMENTS (Mann)

 

·        Mann thanked all freeholders for attending the meeting.

 

II.                APPROVAL OF MEETING MINUTES (Mann)

 

·        Approval of April 16, 2008 Board Meeting Minutes.

 

KELLY MOTIONED TO APPROVE APRIL 16, 2008 MINUTES.  RITTER SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.

 

III.             TREASURER’S REPORT (Friesel)

 

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

·        LLCD April income:  $21,697.02

·        LLCD April expenses:  $23,615.60

·        Friesel explained the conservancy is operating as budgeted, however, we might not be able to continue as budgeted since we have not received the 2006 payable 2007 taxes from Monroe and Brown Counties, and most likely will not receive the 2007 payable 2008 taxes this year.  A loan has been taken out to cover last year’s tax revenue shortfall, and a credit line increase has been requested to cover half of this year’s anticipated shortfall.  Therefore, the conservancy might have to postpone most of the dredging for 2008.

·        Madden stated, per phone conversation with Joe Ray, Brown County Treasurer, the 2006 payable 2007 tax bills will be sent out in August and the conservancy should expect the tax revenue sometime in November. 

·        Madden stated, per phone conversation with Dan Jones, Department of Local Government Finance, the state is aware of the problem but has been unsuccessful in getting Brown County caught up. 

·        Friesel said the issue is both Monroe and Brown Counties must have their assessments completed prior to setting a tax rate for the conservancy.  Brown County has not completed their assessments.  It would be more efficient if we could separate Monroe and Brown Counties. 

·        Mann agreed and added that we should 1) consider suing Brown County and 2) contact our local representatives and get them involved.  Mann also agreed that the conservancy should be careful in increasing the loan amount.

·        Madden said he would set up a meeting with Representative Peggy Welch.

·        The amount of tax revenue loss to the conservancy is $125,000 for 2007 and $250,000 in 2008.

·         Friesel discussed the 2009 Budget Time Line. 

·        Madden pointed out that there are two special budget meetings, 1) July 23, 2008 and 2) September 3, 2008.

 

KELLY MOTIONED TO APPOINT A BUDGET COMMITTEE OF: Marty Mann, Chair; Dave Hobson, Vice Chair; Dennis Friesel, Treasurer; and Bob Madden, Manager.  tAYLOR SECONDED THE MOTION. ALL “AYES.” MOTION CARRIED.

 

IV.              Boy Scout Troop 110 – Request to Waive Fees (Mann)

·        The Boy Scouts have asked to use of the Shelter House on Saturday, June 7th for an Eagle Scout Ceremony (See Attached).  They have asked the conservancy to waive fees for the Shelter House ($125) and park entrance ($5 per car).

·        The Boy Scouts have done a lot of work at the park over the years, including cleaning up after the 4th of July celebrations.   

·        Mann stated it has been requested by the Scout’s for a blanket motion to cover all future events.

·        It was agreed a request in writing should be presented to the Board for approval each year.

 

FRIESEL MOTIONED TO ACCEPT THE REQUEST TO WAIVE FEES FOR THE SHELTER HOUSE AND PARK ENTRANCE FOR BOY SCOUT TROOP 110.  KELLY SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.

 

V.                 Municipal Code Enforcement Protocol (Madden)

·        The City of Bloomington has agreed to join the conservancy in enforcing the municipal codes at Lake Lemon.  The City will process the violations and in turn keep all of the revenue from the fines.

·        The municipal codes at Lake Lemon have been in place for two years but until now have not been enforced. 

·        Three decisions need to be made tonight 1) Enforce code; 2) Fine amount; and 3) Authorize management to enforce.

·        The board agreed that we need to start enforcing the code but will need to send out several notices to freeholders before it goes into effect.  The board would like to model the fine closely with Brown County ($129.00) and Monroe County ($117.50) for not displaying a valid DNR lake use permit.  The board agreed on a $100 fine and, once enacted, there would be no grace period.  Everyone cited for not having a current LLCD permit on their boat while in use or moored will get fined.

·        The same fine amount will be used for all other Lake Lemon Ordinance violations, including shoreline alterations without consent from LLCD.

 

FRIESEL MOTIONED TO HAVE ATTORNEY ANGELA PARKER DRAFT RESOLUTION AUTHORIZING THE LAKE LEMON ORDINANCE ENFORCEMENT PROTOCOL INCLUDING A $100 FINE.  KELLY SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.

 

VI.              Request to join conservancy district (Mann)

·        Mann summarized request from Ben Jones and Mike Bastin (See April Minutes).

·        Madden summarized a letter from attorney Angela Parker explaining the procedure for the incorporation of property outside of the conservancy boundaries (See attached).

·        The board needs to make a motion on whether or not to accept their request.

·        At this time, the board is unsure on how the freeholders feel about adding new property to the conservancy district, therefore must deny this request. 

 

MANN MOTIONED TO DENY THE REQUEST TO ANNEX PROPERTY PROPOSED BY MIKE BASTIN AND BEN JONES. FRIESEL SECONDED THE MOTION.  ALL “AYES.” MOTION CARRIED.

 

VII.           Manager’s report (Madden)

A.     Lake Debris issues

o       There has been four major flooding events this winter and spring, causing an increase in debris flowing into the lake.  Some of the debris includes large trees that only Payne’s excavator can move.  Payne will charge $250 per hour to remove these items.

o       Madden presented an estimate for debris removal (see attached).

o       Friesel stated that the cumulative maintenance fund should be used for such an occasion.

 

FRIESEL MOTIONED TO USE THE CUMULATIVE MAINTENANCE FUND, NOT TO EXCEED $7,000, TO REMOVE DEBRIS FROM THE RESERVOIR. KELLY SECONDED THE MOTION.  ALL “AYES.” MOTION CARRIED.

 

B.     Gate Attendant – Rate of Pay

o       Madden explained that Evan Buckmaster decided to stay another year. As a returning gatehouse attendant his rate of pay is higher than as approved in the 2008 budget and salary ordinance.  Therefore we need a motion to raise the pay rate.

 

FRIESEL MOTIONED TO RAISE PAY RATE FOR GATE ATTENDANT TO $9.50 PER HOUR.  KELLY SECONDED MOTION.  ALL “AYES.” MOTION CARRIED.

 

 

C.     Legal Issues

o       There has been no movement on the lawsuit with Brown County Government.

o       Pre-Trial group with Schell Marina, LLC is scheduled for June 9th.  After which, the discovery process will occur, then trial.

D.    Lake Lemon Map

o       The final version of the Lake Lemon Fishing map is now available to be passed out at the Gate House.  Management recommends a $5.00 donation.

 

RITTER MOTIONED TO MAKE THE LAKE LEMON FISHING MAP AVAILABLE FOR A $5 DOLLAR DONATION.  CASSAL SECONDED THE MOTION.  ALL “AYE’S” MOTION CARRIED.

 

E.     Contract with Payne Excavating

o       Preparation of the deposal site has exceeded the contract amount approved by the Board.  The board is asked to approve an additional $3,600 to pay the contractor.

o       The additional costs will come from DNR LARE Grant Funds.

o       Extra funds were necessary due to the additional 4,000 cubic yards removed in 2007.

o       Mann argued these problems will continue to occur until we have another disposal site. 

 

MANN MOTIONED TO INCREASE PAYNE EXCAVATING CONTRACT AMOUNT BY $3,600 TO COVER ADDITIONAL COSTS.  KELLY SECONDED MOTION.  ALL “AYE’S” MOTION CARRIED.     

 

VIII.        Public Comment

·        Leiter made a recommendation to allow residents to buy their boat stickers at the same time as paying for their sublease.

 

IX.              NEW BUSINESS / CORRESPONDENCE FOR FUTURE AGENDA

·        None

 

X.                 ADJOURNMENT

 

KELLY MOTIONED TO ADJOURN THE MEETING.   RITTER SECONDED THE MOTION.  ALL “AYES.”  MOTION CARRIED.  MEETING ADJOURNED AT 8:38 P.M.

 

Meeting Minutes submitted by:

 

Scott McWhorter

Board Recorder