Blue Spring Lake Management District s1

BLUE SPRING LAKE MANAGEMENT DISTRICT Board of Commissioners July 17, 2010 MEETING MINUTES

The Meeting was called to order at 9:00a.m. at the Palmyra Town Hall.

ROLL CALL (Quorum 4): James Hochman, Chris Hodges, Craig Peterson, Joe Nuspl, Darren Wagner came later to the meeting.

A Motion was made to approve the Minutes of June 19 by Joe Nuspl, 2nd by Craig Peterson and approved.

A Motion to approve the agenda Craig Peterson, 2nd by Joe Nuspl and approved.

TREASURER’S REPORT

Joe Nuspl discussed needs for 2011 Budget. Greg Twelmeyer will review the sewer needs for possible upcoming bills in 2011 and report back to Joe.

Bills to be approved: 4th of July bills, Aquarius, Maney, Frawley, A Motion was made to approve the bills presented by Craig Peterson, 2nd by Jim Hochman and approved

Darren and Dick are to look at getting bulk oil through Frawley instead of getting it individually from True Value.

Our current weed labor budget is being looked at to determine if we are on track for this year and if we will need any more for next year. Joe also installed an hour meter on the small weed cutter to help keep track of hours for maintenance reasons and to determine how many hours the harvester is in use. To help with current payroll costs, the Saturday staff should only consist of one operator and two laborers

The Board will look at using the Planning Services budget and put it towards a legal budget if needed with the Village and possible annexation issues.

Chris Hodges investigated CD rates at different banks. Citizens Bank in Eagle has rates at 6 mos. - 1.15%, 12 mos. -1.6%, 24mos. -1.9%, 36 mos. – 2.2%. Joe Nuspl will take these numbers to and see what Palmyra has available.

We have two proposals from auditors. Baker Tilly came in at $4,500 for each of 3 years. Jan Froelich from Johnson Block and Company came in at $3,650 for one year. Motion by Joe Nuspl to have Johnson Block and Company to do our annual audit for 2009, seconded by Darren Wagner and approved.

DAM REPORT

Jim has been keeping up with the dam and the rain issues that we had during late June and early July. He was able to remove boards when needed and added them back in as needed. He also took care of some small concrete issues that needed to be filled.

Chris Hodges raised the issues of whether or not we need to have an engineer’s dam report every year or if we can just do smaller inspections every year. We need to start saving for a spillway inspection as noted by the DNR. Jim Hochman would like to go to AECOM and tell them we are in a budget crunch and what numbers will they give us to help for future inspections. Chris Hodges and Jim Olson will look into getting a better contract. Have we contacted the people whose properties were mentioned in the dam report? Jim Hochman and Jim Olson need to follow up together on contacting these people.

Olson’s noticed the County out surveying the temporary drive into the dam area. We may need to call Biggy’s to come and take it out. Blane Poulson approved the drive being put in for the dam repair. Craig Peterson will look into what is taking place on the County end with this issue.

OPERATIONS REPORT

Is it necessary to have two operators driving the harvester on Saturdays. Darren believes it is necessary. Chris Hodges suggested paying whoever works (operators or laborers) will make $50 regardless of the hours they work. This keeps the Saturday budget at $200. Operators will have Saturday pay at $50 for the day.

SEWER REPORT

Our sewer numbers are right on track with past years.

Jim Hochman introduced Dick Herbst who was present to discuss a sewer treatment issue and trying to understand what the DNR is requiring with regard to sewer treatment plants. Everything he is presenting is to help us understand what is required and what our options might be in negotiating with the Village if that is what we want to do. If our District can demonstrate we are not contributing to the phosphorus and ammonia, we can then go to the Village being with more negotiating room as we would be considered “green”.

The DNR has given us as well as other communities a big break if we want to take advantage of it. Dick Herbst gave a copy of a DNR report to be added to the record of the Minutes. If we pass an ordinance that Dick Herbst will read and go through, it tells the Village that we do not contribute phosphorus or ammonia.

How can we prove we don’t have phosphates or ammonia? The measurements can be done with a HOT kit. People can change their dishwasher and laundry detergents. The State of Wisconsin will be passing laws prohibiting amounts of phosphates in laundry detergents. The State has already banned it in dishwashing detergent. Degreasers and oven cleaners are the main contributors of ammonia. The suggested Sewer Ordinance gives a start date on the ban of January 1, 2011. The fine for non-compliance is suggested at $500/day.

Is there a way we can test right now to get a base point? We can test right now with a Hot Kit and this will give us a base point to work from.

If we approve the idea of a new Sewer Ordinance with regard to banning phosphorus and ammonia, the implementation of this issue is to be determined. This ordinance would have to go out in the Annual Meeting mailing. The Ordinance should come into effect immediately with implementation beginning January 1, 2011. We can inform people at the annual meeting and in the newsletters and the website.

4TH OF JULY REPORT

Dr. Larry Larson was present to discuss the 4th of July numbers. 157 flags and flares this year compared to 122 last year. 528 icecream cups/ 504 last year.

FLARES $275.96 FLAGS $187.20 TATOOS –good for another year FLYERS - $19.01 SPOONS - $10.10 No clown this year. American Legion 2011 Fireworks are set for Saturday, July 2, 2010 with a raindate of Sunday, July 3, 2010

A Motion was made by Joe Nuspl to write a letter to the Larsons thanking them for their years of service, seconded by Darren Wagner and approved.

NEW BUSINESS REPORT

Annexation Report – Steven J. Steinhoff was present to discuss what is going on.

The Annexation Committee consists of four attorneys Jim Hochman, Steve Steinhoff, Peter Sommerhauser and William Goldberg.

The purchase of the Hahn property has been put on hold until August. The Village found out that the Town needed to approve the Village buying the property for purposes of annexation issues

Discussion took place as to our possible options. One suggestion was vacating the public access points.

What about the annexation issue, and what happens? Statutes 217 and 219 pertain to this issue. Village would file a petition, we would file a rejection. There are 192 people on the lake that are eligible voters. If the Village does not get a majority of our votes, the issue is done. The area the Village chooses to annex will determine who can vote. If the Village gets past 1)the referendum, 2)a majority of the assessed value would have to pass it 3)lawsuit to contest the annexation. Have they met the contiguity issue for annexation?

The committee recommends hiring attorney Dick Yde, who is proficient in annexation law. He works for a firm that has other annexation lawyers that collaborate with him. Jim Hochman recommends advocating the money to be used at this point sparingly because we are not in litigation. There is going to come a point that we will need somebody and the committee recommends him. If we invoke the mediation process, or the Town does, that could give the Village problems.

Joe Nuspl asked if the Town hiring lawyers and taking action as they will be the ones losing the tax base.

The Town and the District are on the same path, but there may be a point where there is a conflict of interest in having one lawyer together.

The Annexation issue is a Town issue, but we are observing every step to be ready when it comes our way.

Jim Hochman stated that we as a District are the last barrier and need to be ready, should annexation become an issue. We cannot let this slip through the lines. Mediation is a good process and the door should be opened.

We need to be ready to go to the Voters with tax numbers and a clear picture of what is going on.

Jim Hochman asked for the Board to allow him to go forward with talking to Dick Yde and to get a budget need from Mr. Yde with regard to what we will need this year for legal budget and what we will need next year for a legal budget.

Our next Board meeting will be August 7. The Annual Meeting will be on Saturday, August 28, 2010. We need to have Board candidates ready for submission at our next Board meeting.

Staci Metzger will work on following up with Mike Temple on the website. She has a list of documents and other pages to add to the website.

A Motion to adjourn was made by Joe Nuspl, 2nd by Darren Wagner and approved.