2021-03-24 Lake Denoon Lake District Board Meeting Minutes
Updated: May 6, 2021
When: March 24, 2021 - 6:00pm
Where: Zoom Teleconference - Recorded Video Here
Call to Order / Roll Call: The meeting was called to order at 6:05 PM. The following Commissioners were present: Jeff Jones, Katherine Schauer, Tim Laseke, and Kevin Kubacki. Not attending was Keith Hammit. Guests: Nancy Long and Kyle Troeger.
Pledge of Allegiance
Approve 2020-10-21 Meeting Minutes.
Tim made a motion to approve the 10/21/20 Board Meeting minutes, the motion was seconded and passed unanimously.
Intro to John Holz Ph.D. of HAB Aquatics - Phosphorus dosing study / Alum
Dr. Holz earned his Ph.D. from the University of Nebraska-Lincoln (UNL) where he subsequently taught;
As a faculty member at UNL, Dr. Holz obtained over $8 million in funding to support water quality research, authored over 20 publications, taught courses in Limnology, and served as a technical advisor to the U.S. Environmental Protection Agency (EPA) on water quality management.
Dr. Holz was honored for his alum research advancements by the North American Lake Management Society when he received their Technical Excellence Award in recognition for Outstanding Research in Lake Restoration, Protection and Management.
His firm, HAB Aquatics comes highly recommended from our consultant Kathy Aron
Dr. Holz proceeded to deliver his presentation.
Alum is a safe and cost effective method of controlling Phosphorus in lakes and has been used for over 60 years;
Algae blooms have been shown to dramatically reduce riparian property values.
Lake Denoon seems to be a good candidate for Alum treatment.
With grant money from the state, the cost to LDLD is estimated at $100,000.
The commissioners discussed the possibility of engaging with an experienced grant writer.
Jeff Jones reported on financial activity, payments and deposits, and bank balance.
Tim reviewed the updated the budget for YTD 2021.
Our beginning cash balance was a little more than we estimated because we did most of our own billing this year with only a little help from our retired consultant Kathy Aron.
The Town of Norway has given us two checks totaling $5,419. We were expecting only $3,740 from them so we need to reach out to them.The City of Muskego's contribution is less than what we estimated. We now know how they calculate 15% which is based on total special assessments. We should be able to create the next budget with better accuracy.
In our current 2021 estimate column D, we're currently predicting that we'll end the year with $16K in the bank which is about $2K more than budgeted.
Tim has developed a single Google Sheet which includes all bank transactions which will help in budget preparation.
Tim has downloaded and copied all of LDLD bank statements to our Google Drive in an new accounting folder.
LDLD Board Elections & Expansion
Tim proposed that the commission continue to delay a live-election until the Annual Meeting. Hopefully, all who wish to be vaccinated can be by then.
With regard to expanding the Commission, Tim suggested that also is something that should and may be required to bring before a full-member vote.
In the meantime, the commission agreed to utilize Nancy Long’s and Kyle Troeger’s willingness to serve.
Tim motioned to delay the election to the annual meeting where two commissioner positions are up for renewal and the motion was seconded and passed unanimously.
WDNR APM Rules Changes
Tim has added a tile to the ldld.org resources page with a link to the WDNR Aquatic Plant Management Rules page which is a landing page with links to the actual Natural Resource statues 107 for chemical and NR 109 for mechanical harvesting.
These statutes haven't changed decades and the DNR is midway through a dramatic change process.
The WDNR held 3 meetings in November to present 12 white papers outlining current practice and the proposed changes.
Tim didn't attend these sessions live but watched all 5+ hours of recordings. Here's his take:
In general, the WDNR believes that heavily managed lakes are resulting in reduced biodiversity where a few treatment-resistant species dominate.
WDNR's objective is to consolidate NR 107 & NR 109 into a new NR 108. Again, these statutes haven't been substantially revised in decades.
All permits will require a WDNR approved management plan and the proposed treatment must fit within that plan. This plan will replace some elements of the permit. The plan is divided into 2 phases and 4 modules. The plan must be renewed every 5 years but may be extended for up to 5 years.
Permit fees are changing "TBD" and likely will increase;
The definition of 'large-scale' treatment is being reduced from 10 acres or 10% to 5% as the trigger for when whole-lake herbicide concentration monitoring must be done. This may also prohibit a similar consecutive year treatment.
Monitoring, principally featuring a full point-intercept survey, will now be required before and after any large-scale treatment and at minimum, every 5 years. Small-scale projects will also require monitoring but only a partial point-intercept survey of the treated area.
High Value Species list is being replaced by a Critical Habitat definition which broadly considers all native aquatic plant species providing beneficial services and more as "Critical Habitat" likely resulting in additional constraints in combating nuisance plant growth;
Industry representative were most vocal in opposition to the changes on the basis of:
No statutory authority to require additional monitoring;
Lack of accessible evidence and clear rationale for these 'drastic' changes;
Additional financial burden to project funding management organizations.
As about 60% of all WI permits are for private ponds, that sector will be especially burdened with these new rules.
Prohibiting consecutive years is beyond restrictive. The DNR is viewing the APM rule update primarily for AIS management. But, in a vast majority of ponds and many lakes aquatic plant management is focused on other issues. There are plenty of lakes where this prohibition would negatively impact things. Native plants can and do cause issues and require control.
The next public hearing will be on April 15th where the WDNR will present a white-paper entitled “APM Treatments - Public Notification Methods and Criteria Alternative”.
As the Sonar project is concluded, it is now our responsibility to monitor Eurasian Water Milfoil and Curly Leaf Pondweed. The Sonar product manufacturer, SeaPro, warrants the product to 80% control for 3 years. This is our 3rd year after the first application.
According to the full point-intercept plant survey done last August, all plant species are down significantly and algae is up. Therefore, Tim proposed that the commission consider no treatment at this time. We have the option to do a spot treatment later in the season if a patch of EWM or CLP emerges. Tim made a motion to hold off on further weed abatement treatment for now and review again at a future meeting. The motion was seconded and passed unanimously.
Clean Boats Clean Waters Grant
As a refresher, the CBCW program is where representatives work the boat launches to educate boaters on proper boat hygiene, related state law, and to assist in cleaning boats and trailer coming in and out of the lake. This program has proven to be successful in slowing the spread of AIS most notably starry-stonewort.
Last year, we applied for and were granted a 75% matching grant which will enable us to hire part-time summer help as our volunteerism is low. To accomplish this, we'll need to:
Determine a pay rate and develop a 1099 contractor agreement such as this one. Tim proposes $20 / hour x 200 hours = $4K. This works out to about 16 hours per week for three months. We'll need to kick-in $1,500 but this can be offset by 'in-kind' donations which can come from administering the program.
Develop an application and advertise the position(s)
Conduct interviews and select candidates
Conduct training. It appears that the normal workshops put on by UWSP are not scheduled for this year which leaves only their resources page for training.
Schedule time at the launch and track hours and collect data.
Enter data in the SWIMS database
Pay contractors and submit the 1099-NEC forms to IRS
The commission will seek volunteers help to administer this program. Kevin suggested we put it out to our lake members to see who would like to be hired to staff the positions before publicly seeking candidates through advertising.
Tim made a motion to proceed with the Phosphorus dosing study by formally requesting a quote from HAB Aquatics. The motion was seconded and passed unanimously.
The board was alerted by member Jack Habrat that city work done in the park exposed some ground which is an erosion risk. Tim visited the site and made a short video and forwarded to Kevin who corresponded with Scott Kroeger of the City of Muskego. Scott responded saying that they plan to mitigate erosion by spreading mulch over the exposed ground. Scott asserts that the plants removed are invasive or dead ash trees. Scott suggested that the LDLD purchase replacement trees which the city will install. A copy of this email thread has been copied to our Gdrive.
Tim suggests we investigate the costs of replacement trees and consider using weed abatement allocated funds. Action: Kevin will follow up with Jack or Tom from the city to find out the best plants/trees to mitigate erosion.
Denoon Country Estates North
There is a new subdivision, long contemplated, that will be constructed just to the north and west of the retention pond which currently protects Lake Denoon's largest tributary flowing through Denoon Park. Kevin and Tim represented the LDLD at a Planning Commission meeting having reviewed the storm water plan in advance and developing a series of questions. The city's response was mostly that the project must meet MMSD standards which are more strict than WDNR and the City of Muskego ordinances. The plan is based on a computer model (SLAMM). The construction sites must have erosion control (silt fences) and new owners are required to establish lawns within 6 months of ownership. The developer must sign a detention pond maintenance plan which must be passed on the new HOA so that the pond can be maintained in perpetuity. A copy of the correspondence is hosted on our G-Drive.
Kevin reached out to the City of Muskego to assist in cleaning the silt build up in the culvert under Denoon Road before the spring rains. He was referred to the Town of Norway as the culvert is the Town of Norway’s responsibility. We will continue to request the Town of Norway’s assistance. However, any downstream problems are the responsibility of the individual homeowners. We'll probably need to clean out what we can by ourselves.
High water monitoring / slow no-wake notification
Tim has procured and assembled the 2nd sign so we can now post at both launches. The board will reach consensus on when to call a no-wake period. The notice will be posted on the website and distributed email list. The Muskego Police Chief will be notified in case the department receives any phone calls questioning the notice or signage.
Adjourn: Jeff made a motion to adjourn the meeting. It was seconded and unanimously approved. The meeting concluded at approximately 7:40 PM.