Minutes of the Board of Directors’ Meeting October 6, 2007 Lake-Osceola State Bank, Baldwin

Administrative 1. The meeting was called to order by President, Fred McLane. Attendance: Jay Barnhart, Paul Bigford, Jim Bos, Jeff Carpenter, Jill Engelman, Fred McLane, Eric Lewis, Dick Schwikert, Tom Seroczynski and Chuck Turk. Excused: Clint Anderson, Rick Conney, Steve Fraley and Kevin Morlock. 2. Minutes of the August 4, 2007 Board Meeting were APPROVED. Motion/Second – Jay Barnhart/Jim Bos. 3. Minutes of the September 15, 2007 Board Meeting were APPROVED. Motion/Second – Jay Barnhart/Jim Bos. 4. President’s Notices: ▪ Ratification of E-Vote of ORV letter to the news media was APPROVED. Motion/Second – Tom Seroczynski/Chuck Turk

▪ Ratification of E-Vote of new office lease was APPROVED. Motion/Second – Dick Schwikert/Jeff Carpenter

▪ Board Vacancy(s) – Paul Bigford, Chairman of the Nominating Committee, nominated Dave Gabrielson, Vice President of Arts & Sciences at West Shore Community College to fill a board vacancy term through the year 2010. Dick Schwikert seconded. APPROVED. Dave Gabrielson was appointed to the Board of Directors upon his acceptance of the position.

Two additional names were suggested to Paul for consideration for future positions.

▪ Conservation Resource Alliance (CRA) Biennial meeting is scheduled October 18, 2007. Dick Schwikert will present PMWC’s Excellence in Conservation Award to Jim Haveman (Jim was not able to accept award at PMWC annual banquet).

▪ Dick Schwikert, Eric Lewis, Fred McLane and Ken Sink to meet with Greg White, the Osceola-Lake District Conservationist for the Natural Resources Conservation Service (NRCS) on October 10th to review the Turk Trap Project, etc. Greg has replaced Ed Rivard upon his recent retirement.

▪ Sarah LeSage with Michigan Department of Environmental Quality (MDEQ) to forward PMWC a hard copy of the new Bio-Survey of the Pere Marquette River. Document will be on file in the PMWC office.

▪ PMWC will move office files to the new office following this meeting.

Old Business 5. Financial Integrity A. Treasurer’s Report September 15, 2007: APPROVED. Motion/Second – Jim Bos/Jeff Carpenter. Treasurer’s Report October 6, 2007: APPROVED. Motion/Second – Jim Bos/Jeff Carpenter. B. Barbecue Grill: Tom Seroczynski has a possible contact wishing to purchase the grill at the pre-agreed amount. Tom to update Board at the November meeting. C. Annual Banquet Recap: Jill Engelman – report postponed to November meeting. Tom Seroczynski to forward Orvis contact name/address to Jill for thank you to be sent for their donation. D. Cast for Conservation: Tom Curtin/Steve Fraley – report postponed to November meeting. E. Membership Growth: Paul Bigford to obtain Lake County riparian list for PMWC use. When available this list along with riparian information provided by Tom Seroczynski for Mason County to be compiled into a new data base.

6. Restoration Committee A. Restoration Committee: No update from Kim Balke as to the acceptance of the 319/CMI grants by CRA. B. Riparian Rehab Requests: Paul Bigford and Fred McLane, with Kim Balke of CRA, visited 5 of the 6 proposed sites for restoration. PMWC’s policy is, when found to meet the criteria, to make a contribution of up to 10% towards the total cost of restoration. The committee recommended that PMWC contribute $1,000 towards the streambank restoration work at L.W. Sessions property on the main-stem of the Pere Marquette River. Work to be completed by CRA Fall 2007/Spring 2008. APPROVED. Motion/Second – Paul Bigford/Jim Bos.

Additional sites are still under consideration. C. Baldwin Village Stormdrain: No update. D. HB4323 & Local ORV Proposed Ordinance: HB4323 is still stalled in the Senate, but expected to move once budget is finalized. Eric Lewis to draft a letter to all 35 State Senators stating our position and to suggest that misdemeanors in lieu of civil infractions be issued. Once approved by the Board, Paul Bigford to provide names/address’ and Jill Engelman to forward to all parties.

Eric Lewis, on behalf of PMWC, submitted a letter for printing in the Lake County Star regarding our negative position on the local Lake County Board of Commissioner’s proposed ORV ordinance to allow, among other things, full use of the road surfaces (other than M37 & US 10). Eric also attended the most recent County Board meeting educating the Board and visitors and restating our opinion to NOT approve the proposed ordinance as written. It appears that the original proposal is “dead”. After discussion it was agreed that PMWC would support the County Board’s formation of a committee to redraft their proposal to provide ORV access to limited roads for commercial access, but would not volunteer to be a part of the committed unless approached. Jill Engelman to redraft Eric’s original letter and forward, once approved by PMWC Board, to all Lake County Board of Commissioners. E. CAFO/Right to Farm Contamination: Eric Lewis to draft a letter Stating PMWC position. Paul Bigford to obtain addresses/Jill Engelman to publish. F. Quality Trout Lake: Chuck Turk proposed that PMWC endorse to USFS Jim Cline that this lake, located in Newaygo’s Lilley Township on federal land, be re-designated from a campground to a restricted Brook Trout lake with walk-in access only. APPROVED. Motion/Second – Jim Bos/Jill Engelman. The lake is spring fed and its cold waters would support a Brook Trout fishery. The lake feeds into Cedar Creek, a good Brook Trout fishery itself. Fred McLane to create partnership between supportive parties –PMWC/MDNR Fisheries/USFS. G. Turk Trap: Eric Lewis reported that the cleaning by Tom Knoop would take place prior to deer season at a cost of $1,500.

7. Unified Management A. Natural River Zoning Review Board: Paul Bigford reported that three (3) applications would be reviewed at the October 15th hearing. 1. John Worden (Webber Twp., Baldwin River) variance for deck conversion to a screened porch 2. O.J. Cunningham (Mainstem PM) variance to construct garage additions, decks, new concrete driveway, new roof, and remove/replace vegetation with native species. Construction will extend original dwelling by 33%, less than the 50% allowed) The Cunninghams are planning to make the home their full time residence. Streambank restoration was completed in the late 1980’s and caution was expressed that none of the construction work should endanger the work previously completed. 3. Edie Mitchell (Baldwin River) 2nd application for a variance for a deck. B. Pagura Litigation: No update. C. Henry Campground Litigation: Fred McLane reported that Henry had counter sued the MDEQ regarding the wetland fill-in issue, but that the judge threw out the counter suit and entered a summary judgement order. It is in the process of being drafted now. This incident started several years ago with Paul Bigford seeing 10,000 cubic yards of sand piled then quickly dispersed on the property. D. Trespass Complaint: Dick Schwikert relayed that he has still not received a response to his complaint of trespassing fishermen on his property, and now, recently, Chuck Turk has had a similar experience. In Chuck’s incident two (2) people were on private property and entered the Baldwin River. Following Chuck’s call to the Sheriff’s Department, 2 squad cars responded and if Chuck were to have pressed charges the men would have been arrested.

It appears that both calls to 911 and the Sheriff’s Department result in first contact with the Homeland Dispatch Officer. At this time it seems that this person determines what calls are responded to and not someone in law enforcement. Chuck talked with Lake County Sheriff Bob Hilts to determine the ‘chain of command”. The Dispatch Officer does not work for the Sheriff’s office therefore Sheriff Hilts has no control over their procedures. Paul will speak informally with Mac MacClellan, Lake County’s Emergency Preparedness Homeland Security Officer (911) to suggest improvements to the system when dealing with trespassing fishermen. E. Pleasant Plains Township Planning Commission – rezoning: Dick Schwikert relayed that he was told that condos and subdivisions are allowed to be built in Rural Forest and Natural River zoning, but that the construction can be restricted. F. Tribal Litigation: Jim Schramm relayed via Fred McLane that the consent decree has been agreed to by the tribes. The decree allows for wider access for hunting and fishing Commercial Forest Act (CFA) properties along with State/USFS lands. Private lands are still excluded from use by the tribes. G. Custer Weir Statistics: Tom Seroczynski is expecting a final report for 2007 from Greg Klingler .

8. Communications & Information A. Mainstream Newsletter: Paul Bigford announced the Fall issue would be drafted in the next 1-½ weeks. The following topics will be included: 1. ORV issue – Paul Bigford/Eric Lewis (inc. suggestion to contact State Senators) 2. Banquet and Awards for Excellence in Conservation – Jill Engelman 3. Dr. Alan Steinman Presentation – Dick Schwikert (photo by Don Ingle available by request) 4. Henry Campground timeline – Fred McLane 5. Endowment Letter – Jim Bos (Jill to forward to Paul) 6. Permit application brochures – Paul Bigford

B. United States Forest Service (USFS) Access Fees: It was reported by Dick Schwikert/Chuck Smith that it seems that the salary for the individual to collect the fees exceeds the fees collected – but that his/her presence at the access sites is advantageous. No other update. C. USFS Pere Marquette River Management Plan: Fred McLane read the letter PMWC received, along with everyone who commented on the original plan. The result of the comments received, the USFS is developing a 5th alternative to better encompass the concerns of the citizens. The Plan is to be issued by Fall for another 30 day comment period. Letter is on file at the PMWC office. D. Michigan Department of Natural Resources (MDNR) Land Transfers: Jim Bos to contact Frank Wheatlake for any updates. E. MDNR M37 Access Site: Recent engineering work to repave the parking area seems to channel surface water directly into the Pere Marquette River. Ron Monroe from Parks & Recreation indicated that the engineers felt that the constructed plan was the best available for the site. PMWC is considering asking an outside civil engineer to review the parking area for suggestions to reduce the amount of runoff to the river – but the existing situation may not be able to be remedied without great expense. Paul Bigford will talk with Tom Rozich about sensitizing the MDNR to this situation to be considered at future sites where work is planned. F. MDNR Electroshocking: Jim Bos to offer PMWC manpower and monetary support to Mark Tonello to expand the electroshocking planned late Summer 2008 for the Mouth of the Baldwin to include areas at the PM Rod & Gun Club.

9. Ecological Impact A. Water Resource Policy: Dick Schwikert redrafted the policy to include the prior comments by the Board and asked for approval. APPROVED. Motion/Seconded – Jill Engelman/Jay Barnhart B. Water Diversion Symposium September 15, 2007: Dr. Alan Steinman’s Presentation – Electronic copy of the Power Point presentation has been sent to all participants. Hard copies of his handout are available in the PMWC office. Jill Engelman also distributed two (2) audio tapes of the presentation for those not able to attend. These tapes will be shared among those interested.

Members noted the extensive research for years that resulted in the report/Dr. Steinman’s presentation.

The presumptive degradation of water resource by new or expanded users was of concern to the Board. It was felt that by the Board, in general, any new withdrawal would be detrimental to the Pere Marquette River. This being in conflict with Dr. Steinman’s presentation where stated that a cold water fishery like ours could bear more withdrawals before becoming degraded. The science shared by Dr. Steinman states that the margin of error is greater in cold water rivers than in warm rivers with regards to withdrawal amounts resulting in unacceptable “adverse” effects. The Board felt that we should draft a ground water regulation statement that supports our view that any withdrawal is unacceptable and base it site specific on Natural Rivers (not just the Pere Marquette River) to be more effective. Eric Lewis to draft regulation.

There were mixed feelings expressed about presenting another symposium on this topic until such time it became a “hot topic” in our area again. No decision was made pro/con. New Business 11. Moratorium on shipping: Chuck Smith forwarded news clippings from Trout Unlimited (TU) on their stance against allowing foreign ships into the Great Lakes in an effort to stop invasive species. It was agreed that PMWC should take a stand and ask TU how to best lend support. APPROVED. Motion/Second – Jay Barnhart/Tom Seroczynski. Jeff Carpenter to contact TU.

It was noted that included in a Grand Valley Economists recent study that the cost to ship overland from a seaport to an location in the Great Lakes was less than the costs to remove Zebra Mussels out of the Detroit water intakes.

Eric Lewis relayed that in an article in the October 2007 issue of Michigan Out-Of-Doors a judge was noted to have upheld the current Clean Waters Act and tossed out the shippers lawsuit that would have repealed the requirement to treat their ballast water before dumping it into Michigan waters. MUCC, National Wildlife Federation and the Alliance for the Great Lakes and Natural Resources Defense Council, Inc. were all in support of retaining the existing law. Also, in the October/November 2007 issue of National Wildlife it was announced of their intent to file lawsuits against several shipping companies that operate in the Great Lakes, demanding compliance with the Clean Water Act. The suit charges that the shipping companies have unlawfully discharged ballast water containing nonnative species into the Great Lakes.

Meeting was adjourned at 11.56 am. Motion /Second - Paul Bigford/Jim Bos

Hard copies of the following documents/handouts are on file in the PMWC office. Minutes of the August 4, 2007 Board Meeting - APPROVED Minutes of the September 15, 2007 Board Meeting - APPROVED Treasurer’s Report July 2007 - APPROVED Treasure’s Report August 2007 - APPROVED Treasurer’s Report September 2007 – APPROVED Lake County Star – 10/4/07 Article “County board discusses proposed ORV ordinance” Proposed for designation of Brook Trout Lake –Dick Schwikert/Chuck Turk Pere Marquette Watershed Council Water Resources Policy dated 9/17/07 Lake County Star – 10/4/07 Article “Protecting our groundwater resource” by John Cooley Michigan Trout Unlimited Article “Michigan Council Takes Stand on Importation of invasive Species Michigan Trout Unlimited Article “Conservation Topic: Great Lakes Health, Aquatic Invasive Species & Diseases” Lake County Star Supplement 10/4/07 Article “New district conservationist now Working in Reed City” an introduction of Mr. Greg White, NRCS District Conservationist for Natural Resources Dr. Alan Steinman’s Power Point Presentation handout

Respectfully submitted,

Jill Engelman Secretary PMWC