Goguac Lake Board

Goguac Lake Board Department of Public Works 150 S. Kendall Street Conference Room 204 Battle Creek, Michigan Thursday, June 7, 2012 4:00 PM Present: John Avery, Jeff Domenico, Kathy-Sue Dunn Absent: Larry Cartwright, Geraldine Drozdowski Others: Attorney Nelson Karre, Ken Kohs, Eric Blair, Tony Groves, Vicki Houser Call to Order: John Avery called the meeting to order at 4:07 PM Mr. Kohs requested all present introduce themselves. All present introduced themselves. Mr. Kohs reminded the Board that the charge of the Goguac Lake Board is aquatic plant control, noting several items on the agenda are for discussion purposes only, and no action will be taken on those items. Approval of Minutes: John Avery stated the first order of business was approval of the minutes. A motion was made by Kathy-Sue Dunn, supported by Jeff Domenico, to approve the minutes of December 8, 2011, as presented. All yes. Motion carried. Quarterly Financial Report: Ken Kohs presented the Goguac Lake Board financial report dated June 7, 2012. Mr. Kohs noted the board elected not to pass a special assessment this year until the funds ran out. Mr. Avery stated the board will need to have a new special assessment to continue. Mr. Kohs noted the annual budget is $58,215.00, with current expenditures at $58,611.50 for the fiscal year ending June 30, 2012. Mr. Kohs noted the last column of the report demonstrates the Life to Date fund balance, showing a current balance of $46,239.91. Mr. Avery noted that although the City is not subject to the assessment, they have continued a voluntary contribution, including the two years when there was no assessment, based upon 15% of the shoreline. Mr. Avery noted the City budget approved $7,800 for the current fiscal year, available after July 1, 2012, to be paid quarterly. Mr. Kohs asked the committee if there were any questions. Hearing none, a motion was made by Mr. Domenico, supported by Mr. Groves, to approve the financial report dated June 7, 2011, as presented. All yes. Motion carried. Aquatic Plant Control Tony Groves stated the aquatic plant control program was ongoing, with the primary focus on non-native, invasive exotic species. Mr. Groves stated the plant found its way into Michigan waters in the 1970’s , noting these plants spread quickly if not managed, out competing the native plants. Mr. Groves stated this year’s treatment was for the whole lake, containing a low dose that selectively kills the invasive plants for the entire season. Mr. Groves noted there have been 4 whole lake treatments this year. Mr. Groves noted the newsletter contained a map, with numbered GPS wave points. Mr. Groves stated they have mapped the vegetation, noting problem areas, and directing where treatment is needed. Mr. Groves noted they are not trying to remove all vegetation, just the nuisance vegetation, leaving the good plants. Mr. Groves noted the program was budgeted for 5 years, but they 1 have been able to extend the program an additional 2 years. Mr. Groves stated the Board would be discussing the need for a new assessment. Mr. Groves stated a formal public hearing would be needed to put forward a new budget and plant control proposal. Mr. Groves also mentioned water quality monitoring, noting the summary report provides good documentation of historic and current water conditions. John Avery mentioned some initiatives that have helped with local water quality, such as the redirection of the LaVista drain in 1978 and the local city ordinance regarding the use of phosphorous fertilizers. Special Assessment Project Mr. Avery stated the assessment was normally billed in the summer, but this time it will be billed in December, as the Board will need the funds prior to having to do the work next year. Mr. Groves reminded the Board there was no assessment for the last two years, but the new assessment will probably be the same amount. Mr. Avery stated the assessment is expected to be $153 for a full assessment, with back lots rated at one quarter, condominiums rated at half, commercial properties are double, and the city contributes 15%. Mr. Avery confirmed the assessment is for properties with deeded access. Mr. Karre noted the City Assessor had prepared a color coded map of all properties with deeded access to the lake, which may be beneficial for new members to the board to review. Mr. Avery stated there were several discussions about the amount to assess to each property, regarding condos and commercial properties, but there was not a lot of precedent to work with. Mr. Groves stated there was no perfect way to determine the amount, but this way has proven to be a fair and equitable way to apply the assessment. Mr. Karre expressed his concern that the Public Hearing be held at a time when residents were available. Mr. Karre noted it may be best to hold the public hearing in August before school starts or in September when people return from vacations, so that there would be good attendance. Mr. Karre also expressed his concern as to when the City Treasurer would need the information to bill the special assessment. Mr. Domenico stated he has been approached by several residents asking why they have to pay this assessment. Mr. Groves stated the assessment only includes properties with deeded lake access. Eric Blair, resident, stated he lived on Beadle Lake in the past, and there was no aquatic plant treatment. Mr. Blair stated the difference to Goguac Lake, due to the treatment, is substantial. Mr. Avery stated it is billed as a five year special assessment, but if the assessment is not paid it will then go to the property tax bill. Mr. Kohs noted the special assessment is separate from the bi-annual property tax bills. Mr. Kohs questioned if the budget was for this summer or next. Mr. Groves stated it was a five year budget to start next year (2013), but the public hearing is to be held this year. Mr. Groves stated the old budget was $63,000 and the new tentative budget will be $64,000, with the scope of work nearly identical to the past work. Mr. Avery noted the sonar treatment is more expensive, harvesting has had mixed results, and they have tweaked the weed pick up program. Mr. Avery stated the Board has learned the cost of treatment was dependent on the cycle of treatment needed, and the estimates are fairly prudent, while trying to keep the assessment fair, but to also make sure the funds do not fall short. Mr. Kohs asked when the sonar would be applied. Mr. Groves stated it was done in mid-May, noting there would be no more treatments done to the lake this year, due to the tight budget. Mr. Avery stated the treatment provided a long sustained kill. Mr. Avery stated they would know about 6 weeks after the 2nd treatment if the treatment was effective. Mr. Avery stated this time would fall during the week of July 4th. Mr. Karre stated he talked with the City Treasurer about the special assessment. He stated in the past a hearing was done 6 months prior to the assessment. Mr. Karre noted the initial special assessment does not go on the December 2012 tax bill, but could go out at, or about, the same time. Mr. Karre recommended a Public Hearing in August or September so that the special assessment could be sent out in December. Mr. Groves expressed a concern that the 2 special assessment billing could be a challenge for the city administratively, as it would be billed the same time as the winter tax bills. Ms. Dunn motioned, and Mr. Domenico supported the motion, to accept the tentative budget, and to consider the feasibility of a renewed weed control project and the special assessment role, contingent upon information received at the public hearing, and to set a date for the formal public hearing to be held Monday, September 17, 2012 at 5:00 PM in Commission Chambers. All yes, none opposed. Motion passes. Mr. Karre stated he would complete the resolution and work with the Assessing Department for the Special Assessment. Miscellaneous Weed pick up: Mr. Kohs stated one resident called shortly after Memorial Day regarding a significant amount of weeds. Mr. Kohs stated he did request Gardener Brothers remove the weeds. Mr. Kohs stated Gardener Bros. did a good job and he requested they submit a bid for future work. Mr. Kohs stated the other contractor did not have good results. Gardner Brothers maintained their price of $35 per person. Mr. Kohs further stated the Board used the entire $8,000 budgeted last year. Mr. Kohs stated that if the board wanted to continue, he would recommend contracting with Gardner Brothers, but at a reduced rate of use. Fallen Trees: Mr. Avery stated there was a tree that had fallen in the channel that had been there for a year. Mr. Avery stated the homeowner did not think it was their responsibility to remove the tree. Mr. Avery stated he researched to determine if this was a zoning issue, but determined it was not the City’s responsibility. Mr. Avery stated he also looked to see if it was a navigational issue, but it was not the County’s responsibility either. Mr. Kohs stated he believed this was the State of Michigan’s responsibility. Mr. Avery stated Gardner Brothers will remove the tree for a few hundred dollars. Mr. Karre stated the Board could report the fallen tree has the potential to cause more weeds in the lake. Mr. Groves recommended the Lake Association request adjacent lake property owners pool their funds to have the tree removed. Mr. Karre confirmed the Goguac Lake Board did not have the authority to use board funds for the tree removal, but could apply pressure to the Lake Association to have it removed. Lake Access from Private Property: Mr. Avery stated the term regarding renting or allowing others lake access from private property is “key holing.” Mr. Kohs asked Mr. Karre if the City could control lake residents allowing others use of their property. Mr. Karre stated the City could affect a restriction through a zoning ordinance, such as where docks are located and how many boats may dock at each. Mr. Avery asked if the board would approve this or would this be addressed by the Zoning Department. Mr. Karre stated the Board could express an opinion regarding key holing, but did not have the authority to enforce. Mr. Karre stated this would need to be approved by the City Commission, but this Board could not use the Goguac Lake Board funds to affect this. The Board members discussed a few potential problem properties that were allowing Key Holing, noting some property owners allow 4-5 other boats to dock at their property. Mr. Avery suggested the Goguac Lake Board make a recommendation to the Goguac Lake Association to hire Mr. Karre to research City ordinances, and if an ordinance was not already in place, to suggest the City adopt an ordinance regarding Key Holing. Mr. Karre reminded the board members their responsibility was limited to weed 3 eradication and control, and he did not think the board had the authority to use assessed funds for the key holing issue. Ms. Dunn asked Eric Blair to discuss his concerns regarding Key Holing. Mr. Blair stated as a commercial marina, H2O, was permitted by the State of Michigan for 60 slips, having 48 slips currently. Mr. Blair stated he wanted to make sure that any exceptions for Key Holing applied to commercial marinas also. Mr. Avery stated residents were concerned in the past that the board would cause an increase in taxes; therefore the City Commission limited their responsibilities. Mr. Karre stated the Goguac Lake Board and the Goguac Lake Association could make a recommendation to the City Commission to extend their responsibilities. Mr. Karre confirmed the Board has limited authority, but could encourage the City Commission to adopt an ordinance. Mr. Kohs stated the budget was uncertain, with a current balance of $46,000. Mr. Groves stated the Sonar treatment was $22,937 and the follow up treatment costs $14,050, then consultant fees to Progressive Engineering of $14,000 for the remaining year, leaving only $100. Mr. Karre noted the first quarterly payment from the City, a quarter of the annual $7,800, would be paid shortly after July 1, 2012. Mr. Kohs stated he will put the weed pick up by Gardner Brothers on hold at this time. Mr. Karre noted there were no funds left, unless the special assessment passes, but the funds will not be available from the assessment until next year. Mr. Avery stated the Board does not know what the Memorial Day costs are. Mr. Kohs noted the costs for weed pick up could be $1,200 - $1,500. Mr. Avery stated the board could not authorize any more expenditures. Mr. Kohs asked if there would be a Lake Association meeting soon to inform residents. Mr. Avery stated he would talk with the Lake Association, as residents are usually vocal about weeds. Mr. Kohs requested an email list for lake residents. Public Comment: None. Board Member Comments: Adjournment: The meeting was adjourned at 5:02 PM. /vlh 4