Minutes of the Board of Directors’ Meeting December 6, 2008 Lake-Osceola State Bank, Baldwin Administrative 1. The meeting was called to order by President Paul Bigford at 9:02 a.m. 2. Attendance: Jay Barnhart, Paul Bigford, Jeff Carpenter, Jill Engelman, Ken Gibbs, Eric Lewis, Dick Schwikert, Tom Seroczynski and Chuck Turk

Excused: Jim Bos, Rick Conney, Dave Gabrielson, Fred McLane, Kevin Morlock

Absent: Steve Fraley and Grant Snider

3. Minutes of the November 1, 2008 Board of Directors’ Meeting were APPROVED Motion/Seconded by Chuck Turk/Tom Seroczynski.

4. President’s Notices: A. Paul Bigford sent an email welcome to Todd Kalish the new Central Lake Michigan Unit manager, MDNR-Fisheries Division. Todd responded that he would plan to attend a meeting in 2009 to meet the PMWC Directors.

B. Dave Fowler has been named as the permanent Director of Operations for Lake County 911 Dispatch.

C. Sea Grant Michigan and the Michigan State University Extension are presenting the 2009 Regional Fishery Workshop on January 10th at the Ramada Inn of Ludington. Tom Seroczynski, Ken Gibbs and Paul Bigford will attend. Additional directors that are interested in attending the workshop are to contact Jill Engelman prior to December 26 so that reservations may be sent in. PMWC will pay the $20.00 fee for Directors to attend the workshop.

D. Per the PMWC By-Laws, Section 13 reads “any Director who may be absent from three (3) consecutive meetings without excuses satisfactory to the Board shall be deemed too have surrendered his office as Director and shall be notified by the President or Secretary that a replacement will be made”. Section 7 reads “a director serves such term as established by the Board and may be removed by a majority vote of the remaining Directors or may resign his/her office at any time”. As the Board has not yet received a formal resignation letter following Clint Anderson’s verbal resignation, the Board voted to have him officially removed. APPROVED - by a unanimous vote. Motion/Seconded by Jay Barnhart/Tom Seroczynski.

E. Due to conflicts with the New Year’s Holiday weekend and the Sea Grant Workshop the following Saturday, the Board voted to cancel the January Monthly Board of Director’s Meeting. Next Board meeting is scheduled for February 7, 2009. APPROVED Motion/Seconded by Paul Bigford/Jay Barnhart. Old Business 5. Financial Integrity: A. The November 30, 2008 Treasurer’s Report was reviewed. The report continues to show a net profit for 2008 - this month a profit of $6,721.89 – between revenue and expenses.

Jay summarized the five (5) funds within the PMWC Fund Balance. The balance of each is as of November 30, 2008. • $84,119.52 General Fund – monies not assigned to specific funds. • $7,492.13 Nolph Memorial – set up by Jim Bos from initial donation from Ilene Handley and himself. Monies are to be used for habitat improvement and erosion control projects as approved by the PMWC Board of Directors. • $12,045.54 Jarvis Fund – Original $20,000 bequest received from Jack & Lillian Jarvis to be used for projects between the Forks and M-37 as approved by the PMWC Board of Directors. • $3,521.50 Riparian Rehab Fund – Original $15,000 donation from Dow Chemical earmarked to assist riparians with streambank restoration projects. PMWC contributes 10% of the overall cost of projects deemed to meet the guidelines set forth and approved by the PMWC Board of Directors. • $1,200 Fred Mans Fund – A Lake County Community Foundation (LCCF) Endowment Fund in the name of Fred Mans set up by daughter Ellen Mans Kerans. Disbursements to PMWC from LCCF are used for specific projects within the Fly’s Only water as approved by the PMWC Board of Directors.

Treasurer’s Report was APPROVED. Motion/Second by Jeff Carpenter/Eric Lewis.

B. Treasurer Jay Barnhart will provide a year-end financial statement the end of December to be emailed by Jill Engelman to all Directors who are then to review it and be prepared to discuss the new 2009 Budget Plan at the February Board Meeting.

C. Michigan United Conservation Clubs (MUCC) has announced a change in how they will structure their club dues in 2009 forward. This will affect PMWC’s membership benefits. After discussion the Board of Directors voted to pay the $5.00 dues per PMWC member to MUCC to continue our club membership with their organization. APPROVED Motion/Seconded by Chuck Turk/Eric Lewis.

These dues (reduced from prior years) will no longer enable PMWC to offer the Michigan Out-of-Doors magazine as a benefit of our membership. In past years out of the PMWC $40 dues, a total of $15 was sent on to MUCC to provide for our club membership fee leaving $25.00 for PMWC. Each PMWC member had the opportunity to choose if they wanted to receive the magazine as part of our membership benefits. MUCC has now lowered their club dues to $5.00 for each PMWC member leaving $35.00 for PMWC out of our membership of $40.00, but has eliminated the sending of a paper copy of the magazine at that rate and only offer an electronic version instead. PMWC is not set up, nor wishes to expend the funds necessary to maintain an email listing for each of its members to allow for them to receive an electronic version of the magazine. There is an option for PMWC to pay MUCC a $20.00 membership per PMWC member to receive a paper version of the magazine, but this was determined to not be fiscally responsible by PMWC as it would leave only $20.00 for PMWC. By paying the reduced MUCC membership rate your membership dues dollars will go further to help the river. The Board had discussed previously that the PMWC dues amount for yearly memberships should be maintained at this $40.00/year rate. The MUCC change results in anyone, who wishes to receive a copy of MUCC’s Michigan Out-of-Doors magazine, should become an individual member of MUCC by contacting them at (517) 371-1041, P.O. Box 30235, Lansing, MI 48909, or via their website www.mucc.org.

D. Jill Engelman reported she will continue to search out vendors for new PMWC sales merchandise in early 2009.

E. PMWC received a notice from Lake County Community Foundation/Fremont Area Foundation regarding the PMWC Endowment Fund. The Fund has a total of $1,644 available for distribution ($840 current year and $804 from prior years). PWMC has, to date, not taken any distributions, but asked that they be wrapped back into the original Endowment Fund amount. Following discussion, the Board agreed to leave the $1,644 in the Fund. Paul Bigford to research the issue further to confirm that the distribution amount will continue to receive interest.

6. Watershed Restoration: A. An electronic motion to approve costs for the Tank Creek project was sent November 11, 2008. “It is proposed that the PMWC contribute $5,000 (16%) towards the total cost of $30,000 to remove/restore the dam site on Tank Creek on the Bill Arnold property, to be matched with an equal amount from Bill Arnold and $20,000 in grants through CRA. Motion/Seconded by Paul Bigford/Jill Engelman. Thirteen (13) of Fifteen (15) members responded with all voting to approve the expenditure of $5,000.

The Board of Directors ratified the above vote at this meeting. APPROVED Motion/Seconded by Dick Schwikert/Tom Seroczynski. The $5,000 is to be taken from the Habitat Improvement line item “Other”.

A pre-construction meeting was set between Conservation Resource Alliance (CRA), Excavator Tom Knoop and Bill Arnold (land owner) for December 15 (later corrected to December 8th – but was cancelled due to weather). The project will follow all regulations with Kim Balke being the responsible party to oversee the project. It was determined on December 8th that due to the early snowfall and possible dangers working with heavy equipment that the project will be started in the late winter prior to the Spring thaw. CRA has noted that they will have access to a pump for helping in dewatering to potentially control emergency water levels if necessary. B. No new Riparian-Rehab requests were received this month. Treasurer Jay Barnhart will pay the previously approved invoice of $1,300 to CRA for the Waldschmidt project. C. Eric Lewis updated the Board on the status of the ORV Ordinance in Lake County. The vote to open all roads/some roads/close all will take place in the Lake County Board of Commissioners meeting in February 2009. To date it seems that the townships will end up making individual rulings to control ORV use within their boundaries.

Paul Bigford will write a letter, on behalf of PMWC to the Lake County Star for submission into a future edition of the paper as well as to all officials. In conjunction with this, Paul and Eric will set up a meeting with Jim Crees, Editor of the paper to share PMWC’s views on the issue in hopes that he will write an editorial for the paper.

Jill Engelman will include a request in the January Mainstream newsletter to the PMWC membership to contact their township board members in support of closing all roads to ORV traffic for environmental reasons.

D. No report on the PMWC River Restoration Projects Listing.

E. Dave Gabrielson, Chairman of the West Shore Community College’s (WSCC) Streamside Project for the Lincoln River/stream/pond relayed, via email, there is nothing new to report at this time.

F. Kim Balke reported, via email, on December 1, 2008 that she had been in contact with Jeff Davis of Marquette Rail. She relayed that he was not concerned about the site as the erosion was not undermining the track. He also indicated that their budget was already set for the 2009 year and it did not allow for any monies for erosion control at this site. They agreed to re-visit the issue in Spring 2009.

G. Dick Schwikert reported that due to the early snowfall and difficulty with heavy equipment and the weather, that the cleaning of the Bell Sandtrap will be rescheduled for Spring 2009 and that funds be budgeted accordingly.

H. Chuck Turk relayed that even though the MDNR had closed access to the Wide Waters of the Baldwin River that ORV and 4-whee drive vehicle traffic had bypassed the barriers. He will ask the MDNR to block off the access again in the Spring. Dave Gabrielson to ask Mike McKinney with West Shore Community College (WSCC) if it possible to conduct the sampling necessary for the MDNR to consider designating this lake as a quality trout water and make improvements to support it. WSCC’s Planned Water Study Group will be testing Kenosha Lake as previously committed. The MDNR feels that nearby Condon Lake would also be a candidate for a quality trout lake. If at all possible, PMWC would like WSCC to also survey this lake so as to have the data to back up Chuck Turk’s belief that it is too warm to support a trout population and is otherwise not suitable as well. Note: Condon Lake is not a tributary to the Pere Marquette River so WSCC license may not be valid for this work. Dave to coordinate the above items and report back to the Board at the February meeting.

I. The Baldwin Village Storm Drain must be completed this year to take advantage of the grant extension. Currently there is question about the right-of-way. Resident Mr. Nichols, on whose property the MDOT storm drain is placed, has given an easement to only MDOT and not the Village. A combined system seems to be the best scenario, but the question of the easement is yet to be worked out.

The screen that PMWC installed into the MDOT outflow several years ago requires cleaning again. Dick, Tom and Jeff volunteered will complete the work.

J. Eric Lewis reported on the status of the Baker Road Bridge that was recently closed as parts of it had fallen into the Middle Branch. The cost to replace the existing bridge with a wooden structure was $31,846 with CRA and Chase Township to cover $21,302 in materials while the Lake County Road Commission would cover $10,544 in labor and equipment. If the bridge is to be replaced with a bottomless arch type construction the cost would increase to $54,382 with CRA/Chase Township’s portion $43,838 and the Road Commission’s portion $10,544. CRA has applied for USFWS dollars. There was discussion from the Board about not rebuilding the bridge, but it seems that Chase Township wants it rebuilt due to emergency traffic, etc. The issue will be reviewed early in 2009.

7. Unified Management: A. Dick Schwikert updated the Board on the progress of Unified Management. Steve Sutton with the MDNR reported that topics recently discussed Novmeber 26th were 1.) the “revised concept” and how to best to put “limits” on the Forest Service, who has limits and claims the MDNR wants to avoid limits; and 2.) how best to get the National Resource Commission (NRC) to embrace these proposals and their conditions. The Lease Option for access sites still seems the easiest option, but it probably won’t be acceptable to the NRC.

B. Paul Bigford relayed that the Pere Marquette Natural River Zoning Review Board (ZRB) will meet December 15 to review two requests. Floyd Sheldon, applicant from Yates Twp. Middle Branch is requesting an after-the-fact variance to retain an addition to an existing dwelling and deck. The second applicant will be Steven and Jackie Archer of Logan Twp. Big South Branch who received a variance at the May 2008 ZRB meeting, but constructed a unauthorized set of steps to their deck. Existing construction will be reviewed for a new variance.

C. Bill Farr phoned Dick Schwikert with an update on the Pagura case from Asst. Attorney General Pam Stevenson. She met with the Judge Monton and the defendant’s attorney Mr. McNeely in October. It seems that Pagura’s have no intention of removing the dam. Pam informed counsel that she intends to prepare an order citing “inaction”, and defending the no-right-of-appeal. Following the meeting, Pam received a phone call from retired Circuit Court Judge Dennis Kolenda who informed her that he would be substituting for Atty. McNeely. He explained he would be filing a motion for extension to give him time to become familiar with the case. Pam will oppose the extension. The 180 day clock expired mid-November and Judge Monton could order MDEQ to remove the dam and charge costs to Pagura. Pam to keep PMWC updated through Bill Farr.

8. Communication and Information: A. Jill Engelman is continuing to collect documents from directors to begin the process of updating the website early in 2009.

B. The January issue of the Mainstream newsletter will include the recent clean-up project, announcement of new Board Member Ken Gibbs, a review of the Tank Creek project, ORV update, etc. Paul to forward information on the above to Editor Jill Engelman.

C. Rick Conney has agreed to chair the Annual Watershed Conservation Organizations’ Volunteer Meeting for PMWC next Spring. The date and location are to be determined.

D. Dick Schwikert reported that the Great Lakes Appraiser Todd Shawl (sp?) is comparing values of property sales with that of property asking prices – this to result in a more equitable countywide SEV assessment. Paul will review the data that was compiled by Dick which outlines various features of properties in his area of the Little Branch.

E. Dick Schwikert attended the December 3rd meeting of the Michigan Resource Stewards Meeting. The main focus was that they were pleased to receive more favorable comments about the deer feeding ban than critical ones.

9. Environmental Impact: A. Industrial Plant Updates – Paul Bigford who sits on the Lake County Development Committee indicated that the Tires-to-Diesel project is on hold, the ethanol plant is years away and the wood pellet plant project appears dead.

B. No new update on the various water diversion issues.

C. The MDEQ recently denied a permit for the expansion of a St. Joseph, MI Concentrated Animal Feeding Operation (CAFO). CAFO’s can be fined with air pollution – a clean air act regulation. This movement to being more environmentally responsible can only benefit the Watershed in the future.

10. Public Comment: (time limited to 5 minutes) No public comment this month.

New Business

11 No new business was addressed.

President Paul Bigford adjourned the meeting at 12:05 p.m. Motion/Seconded: Jeff Carpenter/Tom Seroczynski. APPROVED

Respectfully submitted, Jill Engelman Secretary

Next meeting: February 7, 2009 at 9:00 a.m., Lake-Osceola State Bank in Baldwin.

* Hard Copies of the following documents/handouts are on file in the PMWC office. 1. Minutes of the November 1, 2008 Board of Directors’ meeting - APPROVED 2. Treasurer’s Report of November 30, 2008 – APPROVED

Corrected 12/29/08