Minutes of the Board Meeting

September 2, 2006      Lake-Osceola State Bank, Baldwin

Administrative

1.                  The Meeting was called to order by President Fred McLane at 9:01 A.M.

2.                  Attendance: Jim Bos, Rick Conney, Jill Engelman, Fred McLane, Dick Schwikert, Tom Seroczynski and Chuck Turk. 

Excused: Jay Barnhart, Paul Bigford, Jeff Carpenter, Carolyn Henne, Jim Schramm and Ken Sink. 

Absent: Steve Fraley, Dave Gibbs and Kevin Morlock.  (Fraley and Gibbs notified subsequent to meeting)

Guests: none

3.                  Minutes of the August 5, 2006 Board Meeting.  Motion to approve by

Rick Conney to accept the minutes as distributed - APPROVED.  Minutes to be posted on the website along with June and July (business meeting) minutes. 

4.                  President’s Notices: 1.  A thank you note was received from CRA’s Kim

Balke for PMWC’s gift and acknowledgement of the birth of her new daughter Brielle Iris.  2.  A check for $220 was received from Ann Arbor TU for a float trip donated by Kevin Morlock to their fund-raising auction. 3.  A check for $ 1,500 was received from Toledo’s North Branch Boys in memory of Ed VanGunten.  4.  A letter of acknowledgement was received from the Great Lakes Fishery Commission responding to our letter expressing concern for the necessity for this year’s TFM treatment.  The response indicates USF&WS has been designated to oversee the Pere Marquette’s lamprey controls, but offers PMWC the opportunity for input and comments following our symposium.  The deadline to submit our recommendations to the GLFC is November 9, 2006. 

Old Business

5.                  Financial Integrity:  No Treasurer’s Report from Jay Barnhart who is on

vacation.

6.                  Restoration Committee:

A.                River Care:  Mark Johnson,  CRA, reported via email on the Baldwin River Sites – “As of mid August, the contractor had all platform and log structures in place on the three of the four erosion sites on the Fifth-Third property.  The majority of the rock is delivered to the site, which totals about 350 cubic yards.  Additional rock may be necessary, but there was not enough room on site to deliver the full 400 yards that was specified.  Also, required quantities may vary, so some placement will occur to see how far the material goes and if more rock will be necessary to finish beyond that already on site.

Rock placement on the downstream-most sites is currently in progress.  All of the sites will require a fair amount of hand work shuffling the stone once it is at the bottom of the banks, so rock placement will be time consuming.  The contractor estimates that all rock placement will be complete by approximately the third week of September, with the access road rehab and plantings planned for October.”

Rick Conney noted that the repaired sites on the Whirlpool property were losing trees. CRA needs to inspect. 

B.                 Middle Branch: Ken Sink reported Natural Resources Conservation Service’s (NRCS), Ed Rivard, is looking at new sites needing stabilization.  Gary Truxton, a true outdoorsman, will be replacing retiree Glen Jackson representing Lake County Road Commission; Ken and Gary will follow up on repair of the Baker Road Bridge site.

C.                 Jarvis-Forks Project: Work on Phase II will begin after Labor Day and be completed yet this year.

D.                Maple Leaf: Carolyn Henne invited NRCS’s, Plant Specialist Dave Burgdorf to review the trampled streambank around this USFS Public Access Site (PAS).  It was agreed the most important issue is pedestrian traffic control to direct anglers to intended access trails while blocking random access to the river.  Use of a crib-type construction could be used to anchor sloughing areas on the very steep bank.  Signs similar to Jim Clines’ at the Bell campsite could inform visitors of our work and the reason for it, and direct them to the appropriate pathways.  A more defined parking area is recommended (north of railway?) with informational signs there also. 

E.                 Nature and Land Conservancy Grant Proposal: The partnership, with PMWC, CRA and USFS, met August 24^th and reviewed John Legge’s draft on threats to our watershed.  The twelve major areas of concern were considered and refined with discussion on how to prioritize…which is more important?: sediment sources vs. fires vs. recreational impacts vs. invasive species, etc. Following listing of needed improvements, will be the developing a strategy to begin repairs. 

F.                  Riparian Rehab Project: No action taken, but Randy Kolar’s tree on the Middle Branch needs to be cut and cabled. 

G.                Dow-Custer Project: Paul Bigford has arranged for student assistance on September 30, 2006 at the Custer PAS.  Board Directors are requested to attend and aid in overseeing the project and feed the work crew.  Press and dignitaries will also be present.  Show up, help out, and wave the flag! Work begins at 9 A.M.

7.                  Unified Management:

1.                  Natural River’s Zoning Review Board: At the August public hearing, Ted Hinges (Big South below Ruby Creek) was granted a variance for a unique ladder stairway down a steep bank to the water.  Its placement will be seasonal.  Keith Vandermeer (Big South, opposite Hinges) had requested a fence to shield junk on the adjacent property; since no one appeared at the hearing, the request was denied and a new application will need to be submitted and approved.  The pre-existing fence is to be removed. 

DNR’s Dan Pearson announced the USFS has notified him that FS agency members may no longer participate on regulatory boards.  Since USFS has filled a seat as representing “Citizens Interests”, a new member will be appointed by MDNR. 

2.                  Henry Campground Litigation: Fred McLane reported the Mason

County Prosecutor has declared that the wetlands mitigation, as directed by the Court,  - completed, by pulling back and berming earth in a designated location.  However, MDEQ has approached the Attorney General’s office to proceed with further repairs to the floodplain.  Assistant Attorney General John Scherbarth has been assigned and PMWC will notify him of our concerns, as the campground is listed for sale by a local realtor.  PMWC wishes to cloud the title to assure mitigation should the property change hands. 

A.                Pagura Freeman Dam Litigation: A letter from Attorney Bill Farr

indicated the defendant Pagura’s Attorney Ed McNeely was late (again) in responding to the Attorney General’s brief.  The reply claims: 1.  No damage was done, sediment never reached Freeman Creek, 2.  The dam should not be removed, 3.  No fish were damaged, and the wrong statute was cited in claiming damages for killed fish, 4.  Any fine, for loss, should be limited to $ 500, as the penalty “shall be appropriate to the violation”, rather that the $25,000 per day fine allowed by law.

The Attorney General is preparing a response. USFS may be subpoenaed to testify on damage to their sand traps.  Cal Ackley, Cyndy Sullivan, Claire Schwartz, P.E., Connie Cargill and Vern DeLeeuw filed recent affidavits for relief. 

8.                  Communications and Information:

A.                MDNR: No report form Michigan River Guides Association (MRGA) on use of single hooks.

B.                 USFS: On August 11, 2006, the Board of Directors sent a letter to District Ranger Les Russell requesting a meeting to discuss our concerns regarding delays in the revision of the USFS River Management Plan.  Les met with President Fred McLane and two past presidents Jim Bos and Rick Conney on August 24, 2006. 

Fred opened the meeting by reviewing the ongoing favorable working relationship between the council and the federal agency, but expressed the directors’ concerns that five years had passed since the update was due and that the writing of the revision was just beginning.  Les explained that Recreational Solutions (RS) was a specialized group within the USFS that was hired to write the plan as his local staff had insufficient time and less expertise. RS was hired for 120 man-days and is paid for out of Les’s approved budget.   RS is experienced in writing river plans for other Wild & Scenic rivers in the United States and will utilize Chuck Nelson’s MSU summary of public input and recommendations in their effort to complete the PM River Management Plan. Bob Stuber, USFS-Cadillac, has been appointed the contact for liaison for finalizing the plan. Deadline for the RS contract is December 31, 2006.  It is expected that the Environmental Assessment (and the River Management Plan within it) will be completed at that time.  Les, or his superior Leanne Marten, will sign the plan and will accept all responsibility for its contents.  It is expected that with the public review (30 days) and the USFS response (45 days) that the PM River Management Plan will be implemented at the earliest in April of 2007, with Fall to year end being most likely. 

Les closed by saying that he would not be responding in writing to our letter of August 11^th, and hoped his verbal explanations would satisfy our concerns.  He offered to attend a future Board Meeting, which we declined.  PMWC felt that future meetings with the same four individuals would be more beneficial.  Les did comment that PMWC would not be completely happy with the revised River Management Plan. 

The Board then discussed the merits of the dialogue between Les and the presidents, and the options available to us in proceeding further.  In general terms the Board seemed satisfied with the explanations and time frame given. 

A motion was made by Jill Engelman, seconded by Chuck Turk, that the Board send a confirming letter to District Ranger Russell listing our interpretation of the meeting August 24^th.  The letter to include our desire for scheduled periodic meetings (bi-monthly, quarterly, etc.) to monitor the Plan’s progress through the final phase of its completion.  The letter is also to be copied to Forest Supervisor Leanne Marten to keep her informed of our concerns.  Motion was approved unanimously.  Fred will draft the letter for approval by the board members attending the September 2^nd Board Meeting.

(Rick Conney was excused and left the meeting at this point.)

B.                 USFS:  Barren Plains – Dick Schwikert received a notice of

intentions to cut and/or burn FS land to reduce wildfire potential around the Village of Baldwin.  Within the state, 113 communities have been identified as “At Risk”, 40 in the Huron Manistee National Forest (HMNF).  Nine methods will be used in Barren Plains (M37 to Foreman Road, 76^th Street south to County Line) with 1831 acres to be thinned or burned.  Also planned is USFS land west of M37 and areas surrounding the Airport.  A public hearing will be held September 21, 2006 at 7 P.M., Baldwin High School.  Dick has met with FS leader Mark Herberger and discussed the lack of consideration of wildlife habitat improvement to be a consideration in cutting and burning.  No attention has been paid to Aspen regeneration. 

C.                 USF&WS TFM Treatments: Five PMWC members (Carpenter,

Fink, McLane, Schwikert & Turk) aided F&WS’s Jeff Slade in capturing, identifying, and measuring lamprey during the August 13^th treatment.  Lessons were learned on TFM toxicity, sunlight effect on pH, how to adjust PPM concentration to Middle Branch dilution (not treated) vs. Baldwin (treated) by phased boosting, etc.  F&WS will provide us with copies of this year’s sampling.  While some ‘06 class larvae may have been captured, in-field identification could not differentiate between native Brook Lamprey (American, Northern, Silver or Chestnut) and Sea Lamprey. Ratios of older Brooks to Seas varied with sites.  A further report will be issued by F&WS.

D.                PMWC Lamprey Symposium: Bob Kennedy will be unable to complete the arrangements for the October 14, 2006 event at West Shore Community College (WSCC).  Fred McLane, Paul Bigford and Dick Schwikert met August 13, 2006 to develop an agenda and plans to bring the meeting together. Wege Foundation will co-host the event with PMWC. The overall objective will be to provide education on the management of Sea Lamprey. A handout, for each participant, will contain an outline/descriptions of each speaker’s talk. The format will be a panel of experts (the eight presenters) who will detail each topic, then have a questions and answer period with a wrap-up of the audience giving a straw vote (secret ballot) of their recommendations.  This tally will be provided to F&WS’s Integration Committee who make recommendations to the Great Lake Fishery Commission for implementation. We ask directors to volunteer to help assist at the symposium.

E.                  Tribal Litigation: No report, but rumors have been heard that an agreement may have been reached and is currently being circulated for review.  As an aside, tribes in Minnesota, Wisconsin and Western U.P. petitioned USF&WS for a 40 duck limit and baiting for waterfowl, and were denied outright. 

F.                  Mainstream Newsletter: We will issue in September, devoted to publicizing the Lamprey Symposium. The November issue will detail the highlights from the symposium and our negotiations on the River Management Plan and the Endowment Letter. 

G.                Director’s Biographies: Jill Engelman distributed a form as a format on each director’s experience and interests to be selectively listed on our website.  Please return your completed form to Jill by September 10, 2006.

H.                Motorboats on the Pere Marquette River: Jim Bos noted Lake County does not allow boats with motors, USFS does not allow motors at their PAS above Indian Bridge, motors are allowed (no wake) below Indian Bridge, but no controls exist for Branch Township in Mason County.  Jim and Paul will check into how to rectify.  Chuck Turk reminded that MDNR special regulations must address safety issues, not erosion from wake, launching, recovery, etc. 

I.                   RAP (Report All Poachers) Hotline: Recently experienced some dispatcher problems, which are assumed to have been corrected.

New Business

9.                  Huron-Pines RC&D: A recent newsletter and email alerted the PMWC to

the proper definitions of “restoration” vs. enhancement or improvement of habitat.  This is an issue of semantics, which PMWC has dealt with many times in the past.  We continue to attempt to use appropriate terminology.

10.              Ethanol: A Northwoods Call article recently pointed out the fallacy of this

solution to the “oil crisis”.  As a fuel, ethanol is energy-negative, except when ingested.  Production plants are planned in Manistee, McBain and rumored for Ludington.  Impetus apparently comes from the Farm Bureau. 

Meeting adjourned at 11:20 A.M.

Respectfully submitted,

Dick Schwikert, Scribe

Edited and keyed,

Jill Engelman, Secretary