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Regular Meeting – June 10, 2009 Chairman Gordon Ceskowske called the Regular Meeting of the Fox Lake Inland Lake Protection and Rehabilitation District to order on June 10, 2009 at 1:00pm at the District Town Hall office. Roll Call: Present; Gordon Ceskowske, Kurt Heckl, Dennis VanderWerff, Cheryl Witkowski, and Edwin Benter. Also present: Barb Dutkiewicz, resident; and, Kathleen Rydquist, clerk-coordinator. Absent; Les Schraufnagel, operator. Motion by D. VanderWerff, second C. Witkowski, to approve the minutes of the May 13, 2009 regular meeting, the May 19, 2009 joint meeting with the City of Fox Lake and WCC, and May 22, 2009 special meeting. All yes. Motion carried. Motion to approve the financial statement, subject to audit, K. Heckl, second D. VanderWerff. All yes. Motion carried. Correspondence: 1] Letter acknowledging our concerns re runoff, tiling, manure and industrial waste spreading, etc. 2] Letter from Dodge County Planning about the 2030 Smart Planning hearings. Audience participation: none Operator’s report: attached WCC report: At the joint meeting of the District, City, and Commission, the 2009 Amendment to the Ordinance and Service Contract was approved. The major points of the amendment were the allocation of costs for the up-coming enlargement at the treatment plant, distribution of assets in accounts to facilitate the enlargement, adjusted ownership from 60/40% to 65/35%. The agreement was signed and in further business, MSA was named to continue as WCC’s engineer. Clerk-Coordinator report: 1] We received information, instructions, and forms to apply for a grant to purchase a Dissolved Oxygen meter for the Self-Help Monitoring Program. DNR stated last year that all oxygen tests were to be made on one specific meter. We were told that the District was not eligible for a Lake Planning Grant as we had applied for and received the maximum number of planning grants available. They have changed their minds. Motion by K. Heckl, second C. Witkowski to apply for the lake planning grant to purchase a DO meter. All yes. Motion carried. 2] The District received a copy of the permit application for chemical treatment of aquatic plants. Eleven properties are on the application that is in the name of John Thurk and the applicator is Wisconsin Lake and Pond. The District has requested that the more restrictive area – 30 ft. x 100 ft. – be required. 3] Responded to a letter from the Fox Lake Property Owners about removal of the bog by the County A bridge. Spoke to the Dodge County Assistant Highway Commissioner and he indicated that, depending on the Highway Department work load, they may be able to join us as they did last year in removal. Also spoke with Jim Congdon, DNR, and he stated that while the department could not help us, we would not need a permit if we did not disturb the creek bottom. Regular Meeting – June 10, 2009, page 2 4] Went to Hustisford for a photo op to promote the county lakes group. E. Benter attended on behalf of the Property Owners. On hand were representatives from Lake Sinissippi, Beaver Dam, Neosho Pond, and Fox Lake. Also in attendance were Senator Scott Fitzgerald, and Representative Jeff Fitzgerald. 5] Began preparations for the well testing program to take place this weekend. Bottles can be picked up Thursday, Friday, and Saturday, with the test day being on Sunday, June 14. We will deliver the bottles on Monday to the lab at UW Stevens Point. County report: D. VanderWerff handed out information re the Schedule of Compliance for new Conservation Standards under The Farmland Preservation Program. It states “Notification is hereby given by the Dodge County Land Conservation Committee that, as a Farmland Preservation Program participant currently participating either under a town or county exclusive agricultural zoning ordinance, or participating under a Farmland Preservation Agreement that became effective on or after June 29, 2004. you are required to be fully compliant with the following new soil and water conservation standards not later than October 31, 2013: 1. Cropland gully erosion shall be eliminated on all participating cropland, based on conservation standards contained in the USDA-Natural Resources Conservation Service Technical Service 2. A nutrient management plan, based on the USDA-Natural Resources Conservation Service Technical Guide Standard #590, shall be prepared and implemented annually. Dennis also provided administrative rules for dredging and, maintenance and repair of existing agricultural drainage ditches. The last Secchi Disc readings were 4 feet and 3 feet. Town report: E. Benter has spoken to Ward Kinas about the bog removal. Kinas suggested doing the removal in the winter. The road inspections were completed and the Town plans to spend $127,000 on roads this year. Old business: 1] Discussion and action regarding allocation of plant expansion costs and changes to Service contract/Ordinance at Wastewater – The District and City attorneys have spoken with Dean Tillema, auditor for the Commission re the allocation of costs on the up-coming project. They are reviewing the account balances and how they will be allocated, value of the treatment plant and future ownership, breakdown of capital expenditures/replacement costs, and five year flow average. Tillema wants to be sure that his interpretation of the amendment is accurate. We received a draft copy of Tillema’s report. Attorney Hamaidan questioned a couple of items so further work it needed. 2] Discussion and action regarding changing District policy for collection of up-front money on properties with multiple DUE’s if they plan to change their use – The current policy stands. The DUE’s can be retained and used as long as a property split is not involved. The DUE’s remain with the original parcel. 3] Discussion of the carp barrier – Contacted Neal O’Reilly about the carp barrier. He stated that he had been told that we can go ahead but will need a $500 permit from DNR. The Clerk called Jim Congdon, DNR, and stated that since the State of Wisconsin owns the waters of the State, and the District is willing to spend some of its own money on a carp barrier Regular Meeting – June 10, 2009, page 3 to improve the State owned waters, it was out of line for the Department to extract $500 for the privilege. Congdon will see what he can do about the permit. 4] Discussion and action to put out bids for pump replacement – tabled. 5] Retaining engineering – At the last meeting the clerk was instructed to send a letter to engineering firms to seek their professional help, as we have been left hanging by the last two Ayres people assigned to us. The Clerk asked for some direction and will contact Ayres and Ryan Amtmann to see about future work. 6] Set up meeting with Attorney, Hey & Associates, etc. The District would like to set up a meeting with the Fitzgerald’s to address the pollution in Drew Creek. Monitoring had shown that the prison is a problem along with some neighborhood farms. Will contact O’Reilly about setting something up. New business: 1] Discussion and action to withdraw from Emergency Account for bills. Motion by D. VanderWerff, second K. Heckl to withdraw $20,000 from the Emergency Account to pay bills. All yes. Motion carried. 2] Discuss Rental of lines bill – The Clerk is directed to pay the bill, but we should have a discussion with the City if they expect us to pay 1 ½% of their up-grades and enlargement at the plant. 3] Budget – K. Heckl, C. Witkowski, and K. Rydquist met to prepare a preliminary budget. The Board reviewed the draft, made some changes and the clerk will prepare a version for approval. 4] Set up meeting to approve the CMAR, accept bids for a trailer, and review budget to present to the people. The Special Meeting will be held on June 26th at 8:00am. Motion to pay the bills, K. Heckl, second D. VanderWerff. All yes. Motion carried. The next meeting will be July 8, 2009 at 1:00pm. Motion to adjourn D. VanderWerff, second G. Ceskowske. All yes. Motion carried. Respectfully submitted, Kathleen Rydquist Clerk-Coordinator **The Fox Lake Inland Lake District representatives to the Fox Lake Wastewater Control Commission, Wagner, Heckl, and Rydquist may be present at the meeting to discuss the District’ wastewater Collection system and its relation ship to proposed improvements to the FLWCC Plant.