Lake Lemon Conservancy District
Board of Directors Meeting Minutes
Benton Township Senior Citizen Building
November 14, 2007
The November 14, 2007 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 6:11 p.m.
BOARD MEMBERS PRESENT:
Marty Mann, Dave Hobson, Rex Taylor, Dennis Friesel, Barb Ritter, and
Tom Kelly. ALSO PRESENT: Bob Madden, Manager; Scott McWhorter, Board
Recorder; Angela Parker, LLCD Attorney; and LLCD Freeholders (see attached
sign-in sheet). ABSENT: Bruce Cassal; and Rachel Atz, CBU Representative.
I.
OPENING COMMENTS (Mann)
·
Mann thanked all freeholders for attending the meeting.
II.
APPROVAL OF MEETING
MINUTES (Mann)
·
Approval of October
17, 2007 Board Meeting Minutes.
KELLY MOTIONED TO APPROVE OCTOBER 17, 2007 MINUTES. RITTER SECONDED THE MOTION. ALL “AYES.” MOTION CARRIED.
III. TREASURER’S REPORT (Friesel)
· Dennis Friesel presented the budget as of October (see attached).
· LLCD October income: $2,353.00
· LLCD October expenses: $20,373.00
·
LLCD has $81,100 in
CD’s, and $49,980 in the Cumulative Maintenance Fund.
A.
End of year bank loan
§
A loan is needed to
cover the approximate $125,000 dollars of tax revenue that was budgeted for
2007 but will not be received this year.
FRIESEL MOTIONED TO OBTAIN A SHORT-TERM LOAN UP TO $100,000.00 DOLLARS TO REPLACE UNRECEIVED 2007 TAX REVENUE. LOAN WILL BE REPAID UPON RECEIPT OF 2006 PAYABLE 2007 TAXES. KELLY SECONDED THE MOTION. ALL “AYES” MOTION CARRIED.
IV. Resolution #11-07-04: 2008 Board Meeting Dates (Mann)
·
Resolution #11-07-04
was passed around for signature approval.
All “Ayes”, resolution approved (see attached).
V. Litigation matters (Mann, Parker)
A.
Brown County
§
LLCD attorney Angela
Parker has written a letter to Brown County School Corporation informing them
that the LLCD Board of Director’s will be voting at it’s November 14th
meeting on whether or not to participate as a party plaintiff in the Brown
County School Corporation’s suit against Brown County Government (see
attached).
§
The Brown County
School Corporation will pay for all litigation costs.
§
If suit is won, LLCD
will receive $1,298.17 in lost interest on Brown County tax collections not
distributed to LLCD in a timely manner.
KELLY MOTIONED THAT THE LAKE LEMON CONSERVANCY DISTRICT JOIN AS A PARTY PLAINTIFF IN THE BROWN COUNTY SCHOOL DISTRICT’S TAX CASE AGAINST BROWN COUNTY GOVERNMENT. FRIESEL SECONDED THE MOTION. 5 “AYES”; 1 “NAY” (RITTER) MOTION CARRIED.
B.
Schell Marina, LLC
(Mann, Parker)
§
Angela Parker
confirmed that the Schell Marina, LLC has named both the Lake Lemon Conservancy
District and the City of Bloomington Utilities as additional insureds on their
insurance policy.
§
Parker recommended on
the issues of uncollected marina fees and failure to execute 2007 Marina/Club
Agreement that the Lake Lemon Conservancy District seek presuit mediation.
o
It was presented that
presuit mediation is timely, cost effective, and offers more control over the
outcome.
o
Upon refusal or
failure of presuit mediation, the district can proceed with litigation.
MANN MOTIONED THAT THE LAKE LEMON CONSERVANCY DISTRICT SEEK PRESUIT MEDIATION WITH THE SCHELL MARINA, LLC; ASSIGN A MEDIATION TEAM OF MANN, KELLY, AND FRIESEL ALONG WITH MANAGER MADDEN TO: 1) SELECT MEDIATOR 2) SETUP MEDIATION 3) GIVE SUBMISSIONS TO MEDIATOR AND 4) PARTICIPATE IN MEDIATION. UPON REFUSAL OR FAILURE OF MEDIATION, THE LAKE LEMON CONSERVANCY DISTRICT WILL PROCEED WITH LITIGATION. FRIESEL SECONDED THE MOTION. ALL “AYES” MOTION CARRIED.
VI. Attorney Fees discussion (Mann)
· Mann asked the Board to consider increasing the Per/Hour fee for Attorney Angela Parker. Madden reported that Parker’s normal fee is $200/hour. Parker currently charges LLCD $120/hour.
FRIESEL MOTIONED TO INCREASE ATTORNEY FEES FROM $120 TO $150 PER HOUR. MANN SECONDED THE MOTION. ALL “AYES” MOTION CARRIED.
VII. Endowment Study Group Presentation (Madden)
·
Hank Berman, Financial
Advisor/Freeholder made a presentation on endowment options (see attached).
o
Berman suggested that
a private endowment would be more in line with the objectives of the Lake Lemon
Conservancy District.
o
Study group of Kelly,
Friesel and Ritter will continue to evaluate endowment options.
VIII. Manager’s Report (Madden)
A. 2008 Board Election
§ Madden informed the Board that a nomination for Dennis Friesel of District V has been received. The office has not received any nominations from District III.
§ Nominations for District III and V Director positions are due by November 30, 2007.
B. Dam Repairs
§ Clark Excavating has completed all of the dam repairs as required by DNR.
C. Winter Drawdown discussion
§
Staff presented its
findings and made a recommendation for a winter drawdown (see attached).
§
It is recommended that the sluice gate be
opened on November 26th instead of November 15th to allow
additional time for freeholder’s to remove their boats and docks. The sluice
gate will remain open until a successful 4-foot drawdown is achieved or until
the second week of February, which ever comes first.
§
Ritter asked that the
board postpone the decision to draw down the lake until the December monthly
board meeting.
FRIESEL MOTIONED TO OPEN THE SLUICE GATE ON NOVEMBER 26TH AND ALLOW IT TO REMAIN OPEN UNTIL A SUCCESSFUL 4-FOOT DRAWDOWN OR UNTIL THE SECOND WEEK OF FEBRUARY 2008, WHICH EVER COMES FIRST. KELLY SECONDED THE MOTION. 5 “AYES”; 1 “NAY” (RITTER) MOTION CARRIED.
IX. Public Comment
· None
X. NEW BUSINESS / CORRESPONDENCE FOR FUTURE AGENDA
·
None
XI.
ADJOURNMENT
KELLY MOTIONED TO ADJOURN THE MEETING. MANN SECONDED THE MOTION. ALL “AYES.” MOTION CARRIED. MEETING ADJOURNED AT 8:07 P.M.
Meeting Minutes submitted by:
Scott McWhorter
Board Recorder