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Regular Meeting – May 14, 2008 Chairman Gordon Ceskowske called the regular meeting of the Fox Lake Inland Lake Protection and Rehabilitation District to order at 9:00am on May 14, 2008 at the District Town Hall Office. Roll call: Present – Gordon Ceskowske, Kurt Heckl, Cheryl Witkowski, Dennis VanderWerff and Lionel Wagner. Also present: Les Schraufnagel, operator; Barbara Dutkiewicz, resident; and Kathleen Rydquist, clerk-coordinator. Motion to approve the minutes as printed D. VanderWerff, second K. Heckl. All yes. Motion carried. Motion to approve the financial statement as printed, subject to audit, K. Heckl, second C. Witkowski. All yes. Motion carried. Operators report: attached WCC report: It was suggested that both the City and the District should report to Wastewater re the finding and stopping of leaks within their collection systems since inflow and infiltration was the whole point of the DOJ Stipulation. Discussion followed about the impact the City’s detention pond could have on the operation of the treatment plant. I was also stated that the numbers from the new flow meters show that the Districts’ old meter was reading just fine. Gil Hantzsch, MSA, discussed the options available to the Commission to meet the stipulation. The options are 1) Do nothing 2) Surface water discharge to Mill Creek 3) Surface water discharge to wetlands – year around 4) Surface water discharge to wetlands – emergency discharge 5) Groundwater discharge with additional seepage cells. The City is leasing their sampler to the Commission for 99 years for $1. A meeting for the DNR Mid Course Review will be held May 9th at 10:00am at the City Hall. County report: D. VanderWerff stated that this was the shortest LCC meeting that he had attended. He will serve on the committee for the next two years. The County is hiring an administrator so things may change. The County is cleaning the road ditches adjacent to the land where the industrial waste was spread on farm fields. Now the run-off will be able to run to the lake faster. Clerk-coordinator report: 1] Completed spreadsheet for herbicide treatment and sent it to Hey & Associates so they could generate the maps needed for the permit application 2] Completed application and sent to DNR, put together mailing for neighbors to those being treated and mailed them, put notice of treatment and meeting notice in Beaver Dam and Fox Lake papers, set up and attended a public meeting on May 10th for anyone with questions about the herbicide treatment or harvesting programs, made signs for treatment and purchased flags.. 3] Reviewed second permit for Fox Lake with eight treatments done by Wisconsin Lake and Pond. 4] Attended WAL convention on April 17 & 18, attended meeting with Bob Tracy – United Liquid Waste Recycling on April 23, and attended Advisory/Plant Committee on April 21. 5] Put together a “Rain Garden” how-to book at the request of a resident. It will be available for anyone to use. 6] Sent out several certified letters re leaks in the system. 7] Attended WCC meeting on April 28th and Mid-Course Review on May 9th. 8] Arranged meeting with Attorney O’Connor for May 12th. Regular Meeting – May 14, 2008, page 2 9] Wrote letter to the editor for Fox Lake, Beaver Dam, and Watertown papers re liquid waste spreading. 10] Went to Survey & Description office in Juneau to discuss PNN numbers for condos and other divided property to insure accurate billing. Town report: L. Wagner stated that the roads really took a beating this past winter. He reported that the Town took out a culvert (didn’t replace it), replaced a culvert on Howard Drive, and added one culvert on Howard Drive. It was also stated that the Town will receive about $6,000 from the federal government for snow removal last winter. Audience participation: none Old business: 1] Problems with DNR vs. WCC – Discussed during WCC report. 2] Discussion and action on Bioxide vs. Ferrous Chloride – L. Schraufnagel stated that on looking back in the TestAmerica reports copper in the Ferrous Chloride was about .0547 while Bioxide is at .0431. The difference isn’t much, but the chlorides in the ferrous chloride are a whole lot higher. 3] Industrial Waste spreading meeting with Bob Tracy – The April 21st meeting provided an opportunity for the Board and residents to question Mr. Tracy about the practice of spreading liquid industrial waste on farm fields. He and Steve Hoffman answered most of the questions and skillfully avoided answering others. It was explained that what they do, they do according to their DNR permit. Sandy Meekma asked why they were being sued by the State of Wisconsin and listed a number of failures to follow the permit. Eventually, and at three separate times, Mr. Tracy stated that he would “have the permits for the Fox Lake Watershed properties pulled” and no longer spread at those locations. He also stated that he would coordinate through the District office any properties where they might spread. He said that he would write a letter expressing this plan. After describing their new facility plan, Mr. Tracy further stated that he would be happy to write a letter re “pulling permits” in return from a letter of support from the District in regard to his new facility plan. When asked if his company allowed “field trips”. He stated that we were welcome anytime. At today’s meeting, the Commissioners stated that none of them wanted to visit the Clyman site. 4] Procedures for lateral repairs – tabled. 5] Alliant Energy underground – We are waiting to hear back from Paul Worth, Alliant engineer – tabled. New business: 1] Purchase pumps – remove from agenda. 2] Dissolved oxygen meter/grant – The District is still waiting to hear from DNR re a variance that Neal O’Reilly has applied for. Purchase of the DO meter would be covered, but we have reached our cap for planning grants. Approval of the variance would also open the door to receive the additional watershed study grants that we have applied for. 3] Discussion/action on purchase of sampler and lease agreement with WCC – Attorney O’Connor had suggested that “release of liability” language be added to the draft lease agreement submitted by Attorney Buchholz. Motion by K. Heckl, second L. Wagner, to allow wastewater to purchase a sampler that the District will pay for, and that the cost is not to exceed $2,400. All yes. Motion carried. D. VanderWerff will contact Attorney Buchholz re the change to the lease agreement. Regular Meeting – May 14, 2008, page 3 4] Discussion and action to address infiltration and plant expansion costs – Motion by L. Wagner, second K. Heckl, to contact Attorney O’Connor to go forward with a letter of Default at Wastewater. It was discussed that the Wastewater Control Commission has failed to address the infiltration problems of its two customers. All yes. Motion carried. 5] The chairman appointed C. Witkowski, K. Heckl, and K Rydquist to put together a preliminary budget. Motion to pay the bills D. VanderWerff, second C. Witkowski. All yes. Motion carried. Suggestions for the next agenda; lateral repair, Alliant Energy, oxygen meter, lease agreement, infiltration and plant expansion. The next meeting will be June 11, 2008 at 9:00am. Motion to adjourn D. VanderWerff, second L. Wagner. All yes. Motion carried. Respectfully submitted, Kathleen Rydquist Clerk-coordinator