MINUTES OF THE BOARD OF DIRECTORS’ MEETING

Lake-Osceola State Bank, Baldwin

October 7, 2006

Administrative

1. The meeting was called to order by President Fred McLane at 9:02 AM; Fred introduced guest John Karakashian, new partner at BBT.
2. Attendance: Jay Barnhart, Paul Bigford, Jim Bos, Jeff Carpenter, Rick Conney, Steve Fraley, Carolyn Henne, Fred McLane, Jim Schramm, Dick Schwikert, and Chuck Turk.

Excused: Jill Engleman, Dave Gibbs, Kevin Morlock (to be absent through April ’07), and Ken Sink.

Absent: Tom Seroczynski

3. Minutes of the September 2, 2006 Board Meeting: Motion by Rick Conney to accept minutes as distributed: APPROVED. Fred reminds the directors to scrutinize and review the minutes as they will be posted on our website upon approval. All directors are reminded to complete a brief biography and forward it to Jill for posting on website.
4. President’s Notices: We have received acknowledgement and appreciation for PMWC’s contribution to the upper Baldwin River project; PMWC offered to match 1:10 all riparian contributions and the association donated $10,500 with our Council then matching with $1,050.

Michigan Streamside Journal information was circulated for those interested.

Copies of our Sea Lamprey Symposium agendas and flyers were provided to all directors for distribution; metropolitan Baldwin has been already covered.

Old Business

5. Financial Integrity: Jay Barnhart
1. Treasurer’s Report: Jay explained that numerous small donations along with Dow’s substantial contribution put the contributions total over estimate. To date total expenses exceed income. On the next report we will transfer the Wege Fund into the General Fund. Motion by Jim Bos to accept the Treasurer’s Report: APPROVED.
2. Exotic Shorts: Dick Esenwein and Dick Schwikert have been collecting

rare hardwood pieces for Bill Sessions to finish; if directors are aware or have access to unusual burls or crotchwood, save them for Bill’s use.

6. Restoration Committee
1. River Care: Baldwin River – At the September 19^th meeting Mark Johnson

noted delays in some work was a result of forest fire duty pulling local labor away from Michigan. A tour of past work on four Whirlpool property sites indicates a need for revegetation on banks receiving too little and too much sun exposure; CRA will do plantings yet this Fall. A new access road on Warner land to the upper Baldwin sites were not adequately closed resulting in poachers spearing salmon in a previously inaccessible location; Sean Kanouse will block the road more completely.

2. Middle Branch: Ken Sink reports Tom Knoop has been notified to clean the Turk Trap. District Conservationist Ed Rivard has filed a permit application to MDEQ to repair ten new sites on the Middle Branch. PMWC will check with DEQ on the original permit to do the upper Middle restoration work.
3. Forks – Jarvis: Work on Phase II is scheduled to begin, having been delayed by the fire fighting in western states (a record in 2006).
4. Maple Leaf: No update since the site visit.
5. Land Conservancy of West Michigan: John Legge is continuing to look for methods to better rank projects on their importance and feasibility. LCWM reports SB1004 if passed, would redefine a transfer of property in the Tax Act to exclude conservation easements. Land values would not be reassessed upon transfer, but buildings would be revaluated under Proposal A’s “pop-up”. The bill would not be retroactive.
6. Riparian Rehabilitation: We need to have CRA evaluate the Randy Kolar site to recommend the best treatment for the falling tree across the Middle Branch.

Kimball Berger, riparian below Lower Branch has a small erosion problem despite his best environmental efforts; Paul Bigford has met and discussed remedies; PMWC will help, including the necessary paperwork.

7. Dow Custer Project: Those unfamiliar with rock-rip-rap restoration

requirements were shocked to see how many stones are needed to fix destroyed streambanks, and looked forward to a Saturday spent doing manual labor. We were spared the fate by an overwhelming turnout of Ferris State honor students, young delinquents assigned by the court, volunteers, locals, and Council members. The mechanical assistance provided by a local farmer’s Bobcat, and the Gibbs Aggregates and Excavating Enforcer notwithstanding, the enthusiasm of all 58 in attendance wrapped the project up by lunchtime. Most importantly, everyone enjoyed what they were doing and the Pere Marquette River and Custer Township Park are better for the experience. This is a classic example of citizen volunteerism and deserves extensive publicity. PMWC, Custer, and Dow can all feel proud, Paul Bigford and his work crew have made us shine.

8. Purview of the Restoration Committee: Discussion at the September 19^th

meeting indicated agency representatives were unaware of two PMWC projects, although all proper procedures have been followed, and reports have been detailed in our Board Minutes (widely distributed and now posted on our website). Jay Barnhart gave an historical review of the formation of the original “Restoration Committee” which oversaw the major erosion control project in the PM from 1985-1995. Stew Myers, on the Natural Resources Commission, and Bob Nicholson, President of PMWC, set up a partnership to manage the $1.4M grant to repair stream banks. Not wanting the DNR to directly control the project, Bob was named chairman with representatives from MDNR, USFS, Soil Conservation, TU, and NWMRC&D (now CRA). Upon completion of the work, the Restoration Committee has mutated into a wider partnership, to include road commissions, property associations, township and village reps, and the funding now from numerous sources (ICET, 319, CMI, grants, donations …). PMWC will continue to manage programs outside the Restoration Committee, while still complying with permits and regulations, and will continue to notify the committee as a courtesy.

7. Unified Management
1. Zoning Review Board: Paul Bigford announced one application for the

October 16^th Public Hearing: Elden Stielstra (Little South above 76^th St.) is requesting an addition to the entranceway, a 2% increase in area.

The ZRB is being restructured considerably since some members are not residents of the township they represent. The Citizens’ Interest seat (votes on all applications) previously held by the U.S.Forest Service will now be filled by Marv Hanna representing Mason County; his alternate is Tom Curtin.

2. Henry Campground Mitigation: Fred McLane notified Assistant A.G. Sherbarth that the property is currently listed for sale, and PMWC will stand for mitigation by either the seller or buyers; was not aware and will be watching.
3. Pagura Dam Litigation: The matter of the dam failure depositing sediment into Freeman Creek was scheduled for trial June 15; Attorney General Pam Stevenson submitted a brief detailing MDEQ’s complaint. Defendant’s attorney Ed McNeely requested 30 days to respond, but did not meet the July 15 deadline, filing August 11^th. In his reply he asked that “any penalty shall be appropriate to the violation” and requested a $500 maximum fine. At the August 23^rd hearing, the judge denied 5 of 6 affidavits as they were not on the original list. AG Stevenson replied that Pagura has a long history of failure to comply, that the brief contained numerous documents not produced (labeled the “smoking gun”), that the dam remains in abysmal condition, that the dam failed in ’75, ’86, ’91, and 2001, that DEQ warned of liability in 1989 and that stating DEQ has offered no evidence is “contemptible”. The AG requests relief in that the dam be removed, the ponds be filled, the stream be restored, the banks be stabilized, and that USFS be awarded $2,315 plus $12,000 for past and future sandtrap cleaning, PMWC be awarded $20,000 to repair the two sets of riffles, that DNR be awarded $11,856 for fish kill, and the fines, costs, and attorney fees be awarded. (NEPA penalties can reach $25,000 per day with the count at 1,939 days at time of filing; this $48.475M exceeds McNeely’s request of $500 maximum.)
4. White River: Nestle is considering new spring water sites nearby the Stanwood water bottling plant; the White is a Natural River, as is the neighboring Pere Marquette. Could we be next? They’ve gone as far as Evart, thus far only in the Muskegon watershed.
5. Little Manistee: No response to date from MDNR on their request for Natural River designation.
7. Communications & Information
1. MDNR: Single hooks – No update from Kevin Morlock but Steve Fraley will seek a position statement from Michigan Rivers Guides Association.
2. U.S. Forest Service: As noted last month, a letter was sent September 13 to District Ranger Les Russell recapping the August 24^th meeting, and requesting periodic updates on development of the updated River Management Plan. No reply has been received from USFS. Bob Stuber has asked for a CD of PMWC’s river assessment and we will provide a copy as soon as one can be copied. Fred will contact Les to set another meeting before year end.
3. USF&WS: Sea Lamprey Symposium – Preparations continue with minor changes to the agenda. Publicity is being seen in the local press. The final decision on funding is scheduled for November, but PMWC has been asked to comment by November 9^th. Rather than conducting a straw vote at the symposium, we will provide an opportunity for each attendee to present their opinions on record to GLFC for their consideration. Directors and others are to notify Maribeth if they plan to attend.
4. Tribal Litigation: In closed session to the directors only, Jim Schramm indicated negotiations are nearing completion and a court hearing is scheduled for October 16^th.
5. Mainstream Newsletter: Next issue will go out in November with the symposium, endowment, and Dow Custer project as lead topics.
6. Biographies: Directors please forward brief bios to Jill for our website.
7. Trout Unlimited: Executive Director Rich Bowman has taken another job; no replacement has yet been named.
8. PMWC Website: Dave Gibbs has made some enhancements, and past weir articles have been added to the web.
9. Lake Michigan Fisheries Advisory Council: Jim Bos notes the next major meeting will be held in November. The past meeting had many discussions on the collapse of the Brown Trout fishery in Lake Michigan. The three strains are each declining and no one knows why. A fourth Sturgeon River stock will be tried next. Michigan Steelheaders favor changing the salmon limit back from 3 to 5, but the charterboaters have not supported this.
10. Hazardous Household Waste Disposal: Pickup this year is Saturday October 14 (conflicts with our symposium). Our ’05 contribution is for this year’s collection. Last year, Lake County collected 7000# of hazardous waste.
11. Motorboats: Branch Township (Mason Co.) is the sole township with no ordinance prohibiting boats with motors on the PM (above Indian Bridge). The township must petition the DNR on a safety issue to become a regulation.
12. Large Woody Debris: No progress on either R-O-W trimming or large tree placement. PMWC will address ROW trimming with USFS Les Russell by year end to have plan in place for Spring ’07.

New Business

9. Sturgeon: Verbal reports indicate a mature sturgeon may have been taken at Maple Leaf access site; no confirmation.
10. Weirs: It is noted the only barrier keeping Asian carp from invading the Great Lakes is a weir in the Chicago Sanitary Canal, thirty miles from Lake Michigan. The weir is a Smith-Root design, same type as on the PM at Custer.

Adjournment at 11:15 AM

Respectfully submitted,

Dick Schwikert, Scribe