Lake George Cottager’s Association

ANNUAL MEETING

July 12, 2008
 

-Spirit of Lake George awards were presented by Bill Schlatter- 1) Dave and Joann Stang for their work on the conservancy, website and the sailing school 2) Jim Humbarger for his work on the sewer board and maintenance of the sewers.

-Dam- Tom Blackburn- a summarization of the case: this issue came up 5-6 years ago when IN did cost cutting. IN used to pay for and do all maintenance on all Dams. Then they gave the responsibility to private owners, etc. Lake George was given ownership of our Dam. We were forced to pay approximately $8,000 to do an inspection, we did so but with the agreement with the state that we did not agree to ownership by doing it.  IN had sent us letters stating a $10,000 a day fine for every day past the set inspection date if not done. We tried to work with the state to show that we did not own the Dam. They would not work with us, so we filed in court with Judge Wheat. (Judge Wheat has done a lot of land cases and is a good Judge). Judge Wheat issues a decision giving IN ownership of our Dam. In the 1800’s the state had "riparian rights" on water, not the land owners on any sides of it. In the 1900’s that changed because people let waterways dry up so they owned the land under the water. Then our Dam was put in for the gristmill that was there to control the water for its power. The law says that you cannot own land under water if it is a public freshwater lake. Just last summer the state of IN took land another 10 ft from the waterfront as under their control. Judge Wheat said that under common law that IN owns land under water and the water. By law we also have no rights to do anything with the land and the Dam – IN controls it. IN DNR filed an appeal. Judge Wheat’s decision was overturned. We do not have to appeal- then we own it and are responsible for the maintenance and to eventually replace the DAM. If we appeal it is to the IN Supreme Court. We would file a "Petition to Transfer" within 30 days, then they have 30 days to respond. This is a very unique case- Tom and our Appellate attorney Carl Mulvaney thinks the court would accept the case. Carl was a court administrator for 12 years, so he is a friend to the Judges. Carl thinks we have a very good case to appeal. This type of work is all he does and wins most cases. The Supreme Court decision would be law, no changes after that. If the Supreme Court takes the case it does not mean we win, this is a big deal that we are fighting with the state of IN. This decision would only affect 4 other public freshwater lakes in IN.

Mr. Mulvaney’s cost for fighting the 1^st appeal was $25,000.00 (flat fee), he wrote off another $16,000. He will do the Petition for Transfer case and Oral Argument for a flat fee of $30,000 (entire case). Tom recommends we appeal, not personal for Lake George but legally he believes in the case and that the case law is clear that IN owns our Dam. Tom and Carl believe that chances to get the case accepted are better than 50%. Our 30 days to appeal ends at the end of July 2008. Most of the cost is in preparing the Petition to Transfer, oral argument is less costly.

Our assoc. is unincorporated and volunteer, if we lose – generally with this type of Assoc. we would dissolve it and the ft over funds would go to the property owners. But, state of IN could come in and assess everyone on the lake in IN. IN would probably get legislation to tax the MI side of the lake.

DISCUSSION
Motion-" to proceed to file the Petition of Transfer, seconded.
Joy Kent stepped down from President position and handed it over to P. Schlatter- VP, so that she could speak to the group. Lake George reflections book P. 26 minutes about Dam. Building Dam for $250.00 on Sept 7, 1929. July 25, 1948 state of IN took over control of the water level. IN reworked the Dam at their cost. They put a plaque up and it is still there today that says" State of Indiana maintains the DAM". Joy Kent resumed her position as President.
If we own it a conservancy would be set up and owners in both IN and MI would be assessed with a "ditch tax". To try to get the High Hazard rating changed and improved it would be cost prohibitive. DNR put that rating on it to protect themselves legally. We have gotten nowhere to change the hazard rating based on facts of no possible loss of life downstream if the Dam breaks.
We have $16,000 still in our legal fund, we only need $14,000 ($60 per home) to finish the case.
Call for the question- second motion o file the Petition of Transfer – so carried. Motion to take the case to the Supreme Court. Joy Kent allowed to votes: 1) all attending to vote on the appeal issue—the dominate vote is to appeal. 2) same vote with Beach Directors and officers – dominate vote to appeal.

Committee reports:
Safety and Patrol- P. Schlatter- we have a new motor on the boat, 90 HP 4 stroke Honda. Joy and Paul were deputized by Sheriff Lewis and have patrolled our lake every weekend
Motorized boats must be 100’ from all other boats. State of Michigan- If you were born after Dec. 31, 1978 you must have a boaters certificate. Michigan ages 12-15 must take boaters class, 16 yr old can use drivers license. State of Indiana- until 16 years old you need a boaters’ certificate. Once you are 16 yrs old a drivers’ license is enough.* You must have the boaters certificate in possession if stopped.
LAWS- IN. before 10am and after 6:30 pm it is 10 mph limit in MI it is NO WAKE speed. Buoys position: IN. – 200’ from shoreline, MI- 100’ from shoreline.
All DNR rules for both states are online. MI speed maximum is 50 MPH
Larry Loy- Branch county sheriff have been at the public launch a lot, even taking people away in handcuffs.
-Fireworks- P. Schlatter- great show this year. Cost $11,000, 28 minute show. 2 more years in our contract with Pyrotechnics. Larry Frazer put new tops on all barges.
Motion to do fireworks on Saturday 4^th if we cannot get July 3^rd.. Rain date July 11- so moved
-Fish/ Wildlife- G. Zandstra- walleye ordered for next year. We have a permit for 3,000 this fall.
-Weed- P. Schlatter- Eurasion Millfoil in survey areas were sprayed. No LARE grant this year. Weed fund paid for the treatment this year. We have some money left and the Conservancy has $15-20,000 for weeds. We need to raise more funds for these weeds to protect our lake. Motion to raise weed assessment to $100, seconded, so moved. John Kindler- there are new areas of the Eurasion Millfoil that were not previously on the survey. Suggest we do another survey this fall to enhance filing for the LARE grant to tell people not to cut weeds or use rollers- it will add to our Eurasion Millfoil spread. You need to e-mail Jim Donahoe to come out and check your weeds to see if they are native or E. Millfoil
-Events- B. King- we had 5 boats in the boat parade, 1^st place went to the Halls, they won a 1250 watt generator. 2^nd place was the "Laugh-In" boat, prize was a $80 certificate to Bubbas. Next year parade will be July 4^th Saturday at 6:30 pm.
-Garage sale – 3^rd weekend of June. June 19, 20.
-Website- Dave Stang- appeals decision is on our website. Lake-George.org
-Political action – G. Zandstra- Indiana law allows Asphalt and cement dumping, it is considered to be "clean", but it must be covered.

NEW BUSINESS
-Joy Kent- we do not have D and O insurance for the directors and officers. $1,000 year to protect us in case of a lawsuit. Motion to buy D and O, at cheapest price for insurance. All in favor, so moved.

Conservancy wine tasting- B. Schlatter- Pam and Brent Cousino bought the rights to name the one mile trail. They are naming it "Hollman nature trail". Total amount raised at the auction was $27,600. Next board meeting is the 1^st Saturday of August. (meetings are every other month) at the Conservancy bldg.
-Water testing- Nancy Stiefel- testing has been done for 11-12 years, 2 times yearly, Memorial weekend and September. Test sites: channel between Bayview and Kope Kon, Lk. George rd pond the drain tile at south end of Lake, millpond outlet at the bottom of the Dam.
-Conservancy building- B. Schlatter- Bldg. Was scheduled to be destroyed, we leased it for $1.00 a year for 20 years. We do all improvements. Bldg. Can be used for all Lake events. So far the improvements have been donated. Conservancy dues are $25.00 and it makes you a member.
-Joy Kent has served 6 years, THANK YOU!
- Meeting adjourned – Joy Kent- 10:20 am