Minutes

Here you can find the minutes for all Lake Herman Sanitary District meetings. Unapproved minutes will be posted immediately following each meeting for public information and review; minutes are subject to revision until approval at the following meeting.

2011.08.12

Unapproved Minutes: Lake Herman Sanitary District Regular Meeting
Friday, August 12, 2011, 10:00 a.m.
Madison Public Library meeting room, Madison, SD

Present: Cory Allen Heidelberger.

Also attending: reporter Elisa Sand, residents Charlie and Peggy Stoneback.

  1. Approve Agenda: approved
  2. Approve of Minutes from June 6, 2011, meeting. Approved.
  3. Treasurer's Report: $10,747.64 in checking, $10,803.72 in CD, $400.07 in savings. Expenses: Heidelberger, meeting fees (this meeting and last): $100.
  4. Acknowledge lack of candidates for vacancies and cancellation of election: Charlie Stoneback volunteered to serve. Heidelberger immediately appointed Stoneback. Third seat remains open to any resident of the district who (a) maintains a domicile within the boundary of the district and (b) is registered to vote in Lake County at the address of that domicile.
  5. Additions to agenda: Stoneback requested action on updating the facility plan created by banner Associates in September 1999 with the intent of obtaining current figures on the feasibility and cost of centralized wastewater disposal options. Toward that end, the board approved the following action items:
    1. Heidelberger will prepare a letter to all residents in the district, as well as residents in adjoining developments (specifically mentioned: development west of golf course, houses along Highway 34 toward town, houses in area west of F&M, Prairie Village), to seek input on possible wastwater systems. Letter will emphasize that district is not moving forward with a formal sewer plan, just seeking information.
    2. Heidelberger will contact Banner Associates and ask about timeframe and cost of preparing a new facility analysis.
    3. Stoneback will investigate possible funding sources to pay for facility analysis.
  6.  
  7. Set FY 2012 budget: Board revised original budget proposal and approved maintaining revenues at FY2011 levels. Approved to be submitted to Lake County Auditor.
  8. Adjourned at 10:55 a.m.

2011.06.06

Unapproved Minutes: Lake Herman Sanitary District Special Meeting
Monday, June 6, 2011, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Present: Cory Allen Heidelberger

"Meeting" convened at 6:30 p.m. Due to the death of board member Lawrence Dirks in April, the board has just one member (Heidelberger) and thus lacks a quorum.

Counsel advises that the sole board member may still carry out district functions required by state law. Counsel advises that the sole board member may issue payment for services rendered to the district. Therefore:

  1. In May, Heidelberger secured district finances by submitting his name and oath of office to Wells Fargo Bank of Madison and signing for authority over the district certificate of deposit. Previously that CD, holding roughly half of the district's money, bore only the name of treasurer Dirks as an authorized account user.
  2. During that May visit, the bank pointed out that the district checking account had been set up in 1978 as a personal checking account. That account structure is out of date and inappropriate. At the bank's request, the board transferred most of the money in the old district checking account to a new combination business checking and savings account. Each month, $100 dollars from this checking account is transferred to a business savings account that currently earns 0.13% annual interest.
  3. The board requested that the County Auditor change its records to designate this new checking account for tax deposits to the district.
  4. After May 20, when the electronic transfer of the May tax payment from the county successfully entered the new checking account, the board transferred the remaining funds from the old checking account to the new checking account. The board then closed the old checking account.
  5. Per instruction from counsel, the board hereby sets the date for the annual district election on Tuesday, July 26, 2011. Counsel has placed in the newspaper the appropriate notices of the two vacancies on the board. Nominating petitions for these two vacancies -- one ending in 2012, one ending in 2014 -- will be available at the law office of Lammers, Kleibacker & Brown, 108 North Egan, Madison, starting June 16, 2011. Nominating petitions for these two vacancies are due in the hands of the board by July 6 (submit to Cory Allen Heidelberger, 1883 Cottonwood Cove Trail, Lake Herman, SD 57042). If more than two petitions are filed, the district will hold an election July 26. If two or fewer petitions are submitted, the district will hold no election and will automatically appoint the petitioner(s).
  6. Per instruction from counsel, the board will pay the following bills:
    1. Jerome Lammers, legal services, $203.00
    2. Madison Daily Leader, legal notices, $14.08
  7. The board will submit these minutes as official public record of district business during the past month and pay the Madison Daily Leader for publication.

Following the election/appointment of new member(s) and the restoration of a legal quorum, the reconstituted board will review and officially approve these actions.

With no other business and no inquiries from the public, the board adjourned this meeting at 7:03 p.m.

Submitted 6/6/2011
Cory Allen Heidelberger,
Lake Herman Sanitary District Board

2010.09.22

Unapproved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, September 22, 2010, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

  1. Oath of Office: CA Heidelberger, unchallenged for re-election to board for three-year term, ending July 2013. Petition and oath acknowledged, placed in District file.

  2. Approval of Agenda. Approved.

  3. Approval of Minutes from May 26, 2010, meeting. Approved.

  4. Treasurer's Report: Current and FY2010 final report. Checking: $10,633.43. CD: $10,614.38. Expenses since last meeting:  Heidelberger, meeting fee, $50.00 (Check #438, 5/26/2010). Dirks, meeting fee, $50.00 (Check #439, date 5/26/2010). Madison Daily Leader, $13.37 (#440, 6/6/2010). Madison Daily Leader, $17.60 (#441, 7/3/2010). Jerome Lammers, oath of office, $35.00 (#442, 8/10/2010). Report Approved.

  5. Acknowledge federal earmark process information from Senator Johnson's office. Submitted by Rich Garry. Acknowledged and placed in District file.

  6. Set FY2011 Budget. Budget presented reflects actual expenses of the District in the preceding fiscal year. Approved.

  7. Set next meeting. No immediate business pending; will schedule next meeting as needed.

  8. Adjourn. Meeting adjourned at 6:47 p.m.

Submitted 9/22/2010
Cory Allen Heidelberger,
Lake Herman Sanitary District Board

2010.05.26

Unapproved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, May 26, 2010, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:30 p.m. Members present: Lawrence Dirks, Cory Heidelberger. Third seat remains vacant. 

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda: Approved.
  2. Approval of Minutes from September 16, 2009, meeting: Approved.
  3. Treasurer's Report: Checking: $10,575.59. CD: $10,538.46, maturity date is 9/14/2010. Expenses since last meeting: Dirks, meeting fee, $50.00 (Check #431, 9/14/2009). Heidelberger, meeting fee, $50.00 (Check #432, 9/14/2009). Madison Daily Leader $35.19 (#433, 10/7/2009). Jerome Lammers, legal, $56.00 (#434, 10/7/2009). Jerome Lammers, legal, $56.00 (#435, 3/22/2010). Jerome Lammers, legal, $28.00 (#436, 4/8/2010), Jerome Lammers, legal, $155.32 (#437, 5/20/2010). Report Approved.
  4. Review and approve permits for Whitethorn and Schaefer properties: Approved. $50 received from Johnsons, to be deposited.
  5. Set July election date: Tuesday, July 6, 2010. Approved.
  6. Discuss date, time, place of next meeting: If necessary, the board will meet following the June 16 petition deadline to arrange the district election. Otherwise the board will meet after the election date to swear in new officers.
  7. Adjourn: The board adjourned at 6:47 p.m.

 

2009.09.16

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, September 16, 2009, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:30 p.m. Members present: Lawrence Dirks, Cory Heidelberger. Third seat remains vacant. Also present: District residents Faye Dimick, Donna Lueth, Kathy England, State Rep. Gerald Lange, Roger Kraft, and Donald Erickson

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda: Approved

  2. Approval of Minutes from August 19, 2009, meeting. Approved.

  3. Treasurer's Report: Checking: $9,027.97. CD: $10,390.69. Expenses since last meeting: Jerome Lammers, legal: two checks, $45.00 & $74.00. SD Public Insurance Alliance, annual premium: $790.55. Madison Daily Leader, publication of minutes, $44.57. Dirks, meeting fee: $50.00. Heidelberger, meeting fee: $50.00.

  4. Legal: Heidelberger summarized the contents of letters August 20 and September 3 from counsel Jerome Lammers explaining the limited scope of sanitary district powers. Lammers provided these letters in response to questions at the August 19 meeting about whether the sanitary district could spend money on water quality projects. Statutorily, the district cannot. Heidelberger explained that the state legislature has granted sanitary districts authority to assume the powers of road districts upon a public vote and could pass similar legislation to allow sanitary districts to assume the powers of water quality project districts. Rep. Lange stated that he has broached the idea with his fellow District 8 legislators.

  5. FY2010 Budget: Heidelberger reintroduced a budget that reduces expenses and eliminates the tax levy, with operating expenses coming solely from reserves and inspection fees. Residents present indicated a desire to maintain the current tax levy. The board and residents discussed several possible courses of action for spending district dollars, including saving up to pay for future grant efforts and to meet possible state/federal mandates, inspecting existing systems to determine specific problem areas, supporting localized projects to replace problem systems. Heidelberger proposed amending the budget to levy $1600 to cover projected expenses; Dirks voted no. The board agreed to maintain a tax levy of $2,000 and approved the following budget for FY2010:

    Taxes $2,000.00
    Inspection Fees $150.00
    Reserves $0.00
    Total Revenue: $2,150.00


    Expenses
    Liability Insurance $800.00
    Legal Fees $400.00
    Publication Costs $250.00
    Meeting Expenses $300.00
       
    Total Expenses $1,750.00
    Expected Surplus
    $400.00

  6. Next meeting: With no business anticipated, the board took no action.

  7. Adjourn: The board adjourned at 7:32 p.m.

Submitted 9/16/2009
Cory Allen Heidelberger
Lake Herman Sanitary District Board

2009.08.19

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, August 19, 2009, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:30 p.m. Members present: Lawrence Dirks, Cory Heidelberger. Third seat remains vacant. Also present: district residents Terry and Ruth Ann Saner, Faye Dimick, and Kevin Jaspers.

All motions approved unanimously unless otherwise indicated.

  1. Oath of Office: Lawrence Dirks, unchallenged for re-election to board for three-year term, ending July 2012. Oath of office submitted and accepted.

  2. Approval of Agenda. Approved.

  3. Approval of Minutes from May 13, 2009, meeting. Approved.

  4. Treasurer's Report: Current and FY2009 final report. Dirks reports total expenses for FY 2009 as $1,257.61. Current Checking Balance $10,095.45. CD currently worth $10,373.55. Dirks reports 25-month CD at 2.15% each year would bring $470.74. No action taken on transferring funds to a longer-term CD.

  5. Mailing List: Heidelberger received a request in July from a commercial interest to obtain a copy of the district mailing list for advertising purposes. After consultation with counsel Jerry Lammers, Heidelberger chose not to release the mailing list, due to privacy concerns. Dirks agrees; it is thus the position of the board that the district mailing list should only be used for district purposes.

  6. FY2010 Budget: Heidelberger proposed a budget that reduces expenses and eliminates the tax levy, with operating expenses coming solely from reserves and inspection fees:

    Taxes $0.00
    Inspection Fees $150.00
    Reserves $1,600.00
    Total Revenue: $1,750.00


    Expenses
    Liability Insurance $800.00
    Legal Fees $400.00
    Publication Costs $250.00
    Meeting Expenses $300.00
       
    Total Expenses $1,750.00
    • Kevin Jaspers asked if district funds can be used for filtration dams or other related water quality projects. Heidelberger said he has directed that question to counsel and the board is currently awaiting a response. Heidelberger pointed to SDCL 34A-5-26, which grants to sanitary district trustees the power "To construct and operate storm and sanitary sewers and sewage and solid waste disposal plants and systems." Heidelberger also cited a 1980 Attorney General's opinion that indicates sanitary districts may contract for garbage hauling services.

    • Pending clarification of this point of law, discussion proceeded on the question of how district funds might best be spent to improve water quality. The board and members of the public discussed the relative merits of central sewer systems, septic tanks, grassy waterways, and filtration dams, as well as the science behind the causes of algae blooms and the possibility of contributing funds to other organizations like the Lake Herman Development Association and the Izaak Walton League to support other conservation projects.

    • Faye Dimick noted that maintaining a tax levy and a growing reserve positions the district to obtain matching funds and build a central sewer system at some point in the future. Dirks agreed. Heidelberger suggested matching funds may not be available.

    • The board decided that no firm budget direction can be set without a definitive answer on the scope of sanitary district powers. The board decided to postpone action on the budget until counsel can provide that answer.

  7. Next meeting: The board set a special meeting for Wednesday, September 16, 2009, 6:30 p.m., at the Madison Public Library meeting room, to finalize its FY2010 budget to be submitted to the County Auditor by the October 1 deadline.

  8. Adjourn: The board adjourned at 7:50 p.m.

Submitted 8/19/2009, Approved 9/16/2009
Cory Allen Heidelberger
Lake Herman Sanitary District Board

2009.05.13

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, May 13, 2009, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:30 p.m. Members present: Lawrence Dirks, Cory Heidelberger. Third seat remains vacant.

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda. Approved

  2. Approval of Minutes from August 27, 2008, meeting. Approved.

  3. Treasurer's report. Balance according to bank printout 5/13/2009: $9,295.73. Expenses approved: Meeting fees: $100.

  4. Finances: Board revised South Dakota Public Funds Investment Trust account signatures to remove Donald Erickson's name from account and replace with Heidelberger and Dirks. Heidelberger will call SDPFIT to find out what district funds if any may be in this account.

  5. Set Election Date: Lawrence Dirks's term as a trustee expires in July. Nominating petitions may be filed from May 28 through June 17. Dirks notes that if two people file petitions, we may still not need an election, as we can appoint one to fill the current vacancy. If necessary, election will be held Tuesday, July 7, 2009.

  6. Set date, time, place of next meeting. Next meeting will be Wednesday, August 5, 2009, at the Madison Public Library. A special meeting will be called for July 7 if an election is necessary.

  7. Adjourn. Meeting adjourned at 6:50 p.m.

Submitted 5/13/2009
Cory Allen Heidelberger
Lake Herman Sanitary District Board

2008.08.27

 

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, August 27, 2008, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:30 p.m. Members present: Lawrence Dirks, Cory Heidelberger

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda. Approved.

  2. Approval of Minutes from May 28, 2008, meeting. Approved.

  3. Treasurer's report. Most recent statement hasn't arrived yet. As of July 23, balance is $9,260.05. June deposits of $271.07; July deposits: $22.99; August deposits (road tax) $9.16. Expenses: Lammers, $141.23, meeting fees $100.00.

    1. Authorize reimbursement for educational mailing. Heidelberger spent $181.26 on printing and envelopes, and labeling, plus $66.36 postage to mail educational fliers and cover letters to 158 households in district. Total reimbursement: $247.62. Approved.
  4. Recognition of Charles Stoneback for service to district. The Lake Herman Sanitary District formally recognizes Charles Stoneback's service to the board; approved sending formal thank-you letter to Stoneback.

  5. Report on septic maintenance mailing: Heidelberger reported on status of educational mailing (flier and cover letter -- PDF) prepared for all district property owners. 158 fliers went out in Tuesday's mail, appeared in mailboxes today. Extra fliers are available; district should provide fliers to new households/installations. As a result of this project, District now has a complete computerized database of residents and addresses for future mailings.

  6. Budget for FY 2009: Approved as proposed:
     

    Revenue
    Taxes $2,000.00
    Inspection Fees $150.00
    Reserves ---
    Total Revenue: $2,150.00
       
    Expenses
    Liability Insurance $800.00
    Legal Fees $400.00
    Publication Costs $250.00
    Meeting Expenses $600.00
    Misc. Fees $100.00
    Total Expenses $2,150.00
    Other expenses for FY2009 to be drawn from existing surpluses.

  7. Insurance premium: Authorized payment of FY2009 insurance for district.

  8. Set date, time, place of next meeting. No major action foreseen; next meeting to be announced; approved moving meeting dates to first week of month in order to assure having most recent bank statement for treasurer's report.

  9. Adjourn. Adjourned at 7:00 p.m.

Submitted 8/27/2008
Cory Allen Heidelberger,
Lake Herman Sanitary District Board

2008.05.28

 

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, May 28, 2008, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:30 p.m. Members present: Charles Stoneback, Lawrence Dirks, Cory Heidelberger

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda. Stoneback moved, Heidelberger seconded to accept as presented.

  2. Approval of Minutes from April 23, 2008, meeting. Stoneback moved, Dirks seconded approval.

  3. Treasurer's report. $8917.01 as of 4/26. May bank statement has not arrived yet. Dirks reports receipt since last statement of $674.93 from special assessment. Expenses: Meeting Fees $150.00. Madison Daily Leader $24.64. Balance still due to Lammers: $269.48. Our CD has automatically renewed. Heidelberger moves, Stoneback seconds approval of treasurer's report.

  4. Set Election Date: Stoneback's term as a trustee expires in July. Nominating petitions may be filed from May 29 through June 18. Heidelberger moved, Stoneback seconded to set election date on Tuesday, July 8, 2008.

  5. Educational Mailing: The board reviewed materials for inclusion in educational documents for homeowners on septic tank maintenance. Board members decided materials should focus on practical advice for homeowners to keep their existing septic systems in peak operating condition. Stoneback moved, Heidelberger seconded that the District will authorize the preparation and mailing of educational materials consisting of the pamphlet from area septic tank pumping specialist Brad Benson, the pumping schedule from www.inspect-ny.com/septic/tankpump.htm (modified to be South Dakota-specific), and a cover letter for all households in the district. Mailing will be sent by next meeting.

  6. Set date, time, place of next meeting.: Heidelberger moved, Stoneback seconded next meeting Wednesday, August 27, 2008, 6:30 p.m. at the Madison Public Library.

  7. Adjourn. Dirks moved, Stoneback seconded. Adjourned 7:35 p.m.

 

Submitted 5/28/2008
Cory Allen Heidelberger,
Lake Herman Sanitary District Board

2008.04.23

 

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, April 23, 2008, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:40 p.m. Members present: Lawrence Dirks, Charles Stoneback, Cory Allen Heidelberger. Also present: Bill Chalcraft, resident; Brad Benson, septic pumper

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda. Heidelberger moved, Stoneback seconded approval.

  2. Approval of Minutes from March 19, 2008, meeting. Stoneback moved, Heidelberger seconded approval.

  3. Treasurer's report. Meeting fees: $150.00; Madison Daily Leader $31.67; Jerome Lammers, $222.75. Deposit: $50.00 permit fee from Johnson Const.

  4. Meeting with septic tank installers and pumpers: Brad Benson presented information about septic tank maintenance, inspection regimes in Wisconsin, and related issues. Benson also provided sample brochure on septic maintenance.
    Stoneback moved, Heidelberger seconded, that LHSD prepare an educational mailing on septic systems for all residents/property owners in district for review at next meeting. 

  5. Set date, time, place of next meeting: Wednesday, May 28, 6:30 p.m., Madison Public Library

  6. Adjourn. Stoneback moved, Heidelberger seconded; meeting adjourned at 7:45 p.m.

 

Submitted 4/23/2008, approved 5/28/2008
Cory Allen Heidelberger,
Lake Herman Sanitary District Board

2008.03.19

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, March 19, 2008, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:30 p.m. Members present: Lawrence Dirks, Charles Stoneback, Cory Allen Heidelberger. Also present:

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda. Stoneback moved, Dirks seconded, approved.

  2. Approval of Minutes from January 30, 2008, meeting. Stoneback moved, Dirks seconded

  3. Treasurer's report: Balance as of 2/25/2008: $9,140.92. Expenses: meeting fees $150. Madison Daily Leader, $113.39. Madison Daily Leader $31.67. Heidelberger will  mail Johnson's permit fee for Whitethorns' and Lammers's latest bill to Dirks. Dirks also notes receipt of special assessment payment from county of $15.56 in January. CD comes due 5/14; automatically renews unless we say otherwise.

  4. Approve list of tax roll changes from Equalization office for County Commission approval. The board reviewed a list of drops, adds, and splits in legal descriptions prepared by Shirley Ebsen in the Lake County Equalization office. The changes reflect the changes to the tax rolls made necessary by bringing the tax rolls into agreement with the official 1978 map. Stoneback moved, Dirks seconded to approve changes by County on tax rolls.

  5. Discuss Heidelberger's candidacy for school board: Counsel Jerome Lammers informed board by mail that no legal conflict exists between sanitary district and school board offices. No action necessary.

  6. Discuss purpose and future of district

    1. Dissolution of district: Requires too much effort to reestablish, not advised.

    2. Scaling back of district operations: No need to change schedule, no action.

    3. Pursuit of feasibility study: No action.

    4. Monitoring of lake: Stoneback noted that monitoring is already funded at several sites through East Dakota Water Development District; no action recommended.

    5. Inspection/certification of existing systems: Stoneback suggests getting input from installers, finding out what is possible, getting objective criteria for inspections. Stoneback moves, Dirks seconds, to invite all Lake County septic installers to our next meeting to get information that we can use to set up a doable septic tank inspection routine. Board designates Heidelberger to contact installers and also seek information from DENR on existing criteria and any existing inspection regimes.

    6. Septic tank education effort: pamphlets, educational meeting with expert, other options: to be contingent on what we learn from our discussion with the installers at our next meeting.

  7. Set date, time, place of next meeting: Wednesday, April 23, 6:30 p.m. Madison Public Library Meeting Room.

  8. Adjourn: Stoneback moves, Heidelberger seconds. Board adjourns at 7:32 p.m.


Submitted 3/19/2008
Cory Allen Heidelberger,
Lake Herman Sanitary District Board

approved 4/23/2008

2008.01.30

 

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, January 30, 2008, 6:30 p.m.
Madison Public Library meeting room, Madison, SD

Call to order 6:38 p.m. Members present: Lawrence Dirks, Charles Stoneback, Cory Allen Heidelberger. Also present: Jerome Lammers, legal counsel; several members of the public.

All motions approved unanimously unless otherwise indicated.

  1. Approval of Agenda: moved by Heidelberger, seconded by Stoneback: motion carried.

  2. Approval of Minutes from December 13, 2007, meeting. Moved by Stoneback, seconded by Heidelberger: motion carried.

  3. Treasurer's report:

  1. Discussion of process for landowners seeking exclusion from the district: A landowner currently in the district on its southeast edge approached Stoneback prior to the meeting to express a desire to be excluded from the district. Counsel advised the baord has the power to exclude property as it wishes.

  2. Annexation Resolution: Several residents/landowners from the proposed areas of annexation spoke in opposition to the annexation plan. Some expressed concern about increased taxes. Others expressed concern about the cost of hooking up to a sewer system. The board explained that annexation was only a first step and that constructing a sewer system is distant prospect. After further public input and discussion, Stoneback moved, Heidelberger seconded, that the Lake Herman Sanitary District retain its current boundaries; i.e., the boundaries as defined by the original 1978 official district map. Motion carried.

  3. Set date, time, place of next meeting: Stoneback advised that the Interlakes Water Quality Committee will be having a meeting in early March that may produce information warranting attention from the Lake Herman Sanitary District. The board thus decided to delay its next meeting until after the IWQC meeting. Next board meeting will take place Wednesday, March 19, 6:30 p.m., at the Madison Public Library meeting room.

  4. Adjourn. Heidelberger moved, Stoneback seconded; meeting adjourned 7:26 p.m.


Submitted 1/30/2008
Cory Allen Heidelberger,
Lake Herman Sanitary District Board

2007.12.13

Approved Minutes: Lake Herman Sanitary District Regular Meeting
Special Meeting: Thursday, December 13, 2007, 6:30 p.m.
Charlie Stoneback Residence -- 45137 Herman Drive, Madison

Call to order 6:30 p.m. Members present: Lawrence Dirks, Charles Stoneback, Cory Allen Heidelberger.

  1. Agenda: moved by Stoneback, seconded by Heidelberger, to approve. Approved.

  2. Approval of Minutes from November 28, 2007, meeting: Stoneback moved, Dirks seconded revision of lines in items 5.1 and 7. Approved.

  3. Treasurer's report: Current balance: $20,367.07.

    1. Discussion of investment options: Heidelberger reported best option at Wells Fargo remains short-term CD with feature rate around 4%. Dirks noted that if the district needs invested funds, it can withdraw those funds with no loss of principal. Heidelberger moved, Stoneback seconded that the treasurer be directed to invest $10,000 of district funds in the best rate certificate of deposit available. Approved.

  4. Update on Map Discrepancy

    1. Heidelberger reported on meeting with county assessor, outlined the following changes on the tax roll:

      1. Parcels removed (not within boundaries on official 1978 map, but on tax roll; listed by official parcel key):

      1. Parcels added ("Nold's 3rd Addition": within current boundary on official 1978 map but not on tax rolls):

  1. Definition of areas for possible annexation: Heidelberger moved, Stoneback seconded that the district direct counsel Jerome Lammers to draw up the necessary legal description of land the Lake Herman Sanitary District will consider annexing in order that the district will encompass all land withing the following boundaries in Herman Township:

    1. North half of Section 23

    2. All of Section 14

    3. All of Section 11

    4. South half of Section 2

    5. East half of the northeast quarter of Section 2

    6. South half of Section 3

    7. Section 4 south of SD Highway 34/81

    8. All of Section 10

    9. East half of the northeast quarter of Section 16

    10. East half of the southeast quarter of Section 16

    11. All of Section 15

    12. North half of Section 22

Approved.

  1. Next meeting: to be held after receipt of legal descriptions of proposed annexable territory from counsel.

  2. Heidelberger moved, Stoneback seconded to adjourn. Adjourned at 7:48 p.m.

Approved 2008.01.30
Submitted by Cory Allen Heidelberger
Lake Herman Sanitary District

2007.11.28

 

Lake Herman Sanitary District Meeting
Wednesday, November 28, 2007, 6:30 p.m.
Conference Room, Public Library, 209 E. Center, Madison, SD
revised and approved 2007.12.13

Call to order at 6:30 p.m. Present: Board members Cory Allen Heidelberger, Charlie Stoneback, Lawrence Dirks; board counsel Jerome Lammers; Lake County Auditor Kay Schmidt; members of the public Doug Groce, Bill Chalcraft, Kevin Jaspers.

  1. Agenda: Stoneback requested addition of bacteria monitoring and central sewer system to agenda. Approved.

  2. Approval of Minutes from August 30, 2007, meeting. Dirks noted discrepancies in budget as published. Stoneback moved, Heidelberger seconded to amend minutes to include $1000 surveying fees under expenses, funded by additional $1000 in reserve supplement. Approved. (Official budget has been revised online to reflect these approved figures: http://lakeherman.org/SanitaryDistrict/docs/FY2008.html)

  3. Treasurer's report: as of 10/23 $19,470.54. Expenses: Insurance: $731.31.

    1. Checking Account Update: Heidelberger has been added to account as backup in case treasurer is not available.

    2. Discussion of Surplus Investment. Counsel confirms that district may invest funds in Class A investments, insured accounts, federal bonds, etc. Stoneback moved, Heidelberger seconded investigating investment options and deciding on investment at next meeting. Approved.

  4. Bacteria Monitoring: Stoneback expressed concern that bacteria monitoring, particularly in tributaries outside the legal boundaries of the district. Project needs definite purpose related to district functions. Stoneback cited example of Pelican Lake, where sanitary district funded bacteria monitoring to test efficacy of new sewer system; Lake Herman has no such system. Heidelberger noted scientific data can serve as basis for future policy decisions. Stoneback moved, Heidelberger seconded that Heidelberger draft a mission statement defining why district is engaging in bacteria monitoring and submit draft for approval at next meeting. Approved.

  5. Consultation with Legal Counsel on District Map Discrepancy: Board addressed unauthorized taxation of land southwest of legal boundaries.

    1. Identifying, contacting, refunding affected property owners: Heidelberger explained that as far back as 1983, district appears to have been operating from an informal directory map that was never made official by proper annexation procedure. The district submitted this informal directory map to the County Auditor as the basis for taxation. Taxes have thus been collected on land (primarily Gilman's Addition) not defined as part of the district on the official 1978 map sicne 1985. Counsel said county must approve repaying any taxes. County Auditor asked where funds would come from; counsel said from district reserves. Counsel advised that statute establishes no obligation for district to notify landowners of unauthorized taxation..

    2. Direction for county auditor on status of disputed territory on tax rolls: Counsel advised that, once aware of discrepancy between official map and tax rolls, district needs to request county assess only those property owners within the district as defined by official map. Heidelberger moves, Stoneback seconds that Heidelberger meet with county assessor with tax roll, cross off all properties not in the current boundary, sign off on map, provide to Schmidt before Dec 10, 2007. Approved.

  6. Consider beginning annexation process: Counsel explained proper procedure for annexing territory: define territory, create map, officially declare intent at meeting, get county commission approval, conduct hearing as board, approve annexation. Counsel advised adding Gilman's addition should be easy, since it is officially platted. Counsel said surveyor may not be necessary; district can provide counsel with general description of property to annex, counsel can obtain and compose legal description of all territory to include on formal resolution. Heidelberger noted that zoning office has advised Prairie Village is a separate municipality, is not taxed, and should not appear on the official map. Board discussed feasibility of annexing development west of golf course and other mostly ag land west of 451st Avenue. Stoneback moved, Heidelberger seconded holding special meeting Thursday, December 13, 6:30 p.m., at Charlie Stoneback's house, 45137 Herman Drive (just past bridge by Madison Country Club) dedicated to figuring out exactly what properties the district is interested in annexing. Approved.

  7. Central sewer system: Stoneback and Dirks expressed support of central sewer system as beneficial to environment and development; Heidelberger expressed opposition to expense and lack of evidence of problem. Members of public contributed questions and opinions.

  8. Stoneback moved, Heidelberger seconded adjournment, Approved 7:56 p.m.


2007.08.30

Minutes of the Lake Herman Sanitary District
Thursday, August 30, 2007
Revised and Approved 2007.11.28

Called to order at 6:30 p.m. at the Madison Public Library.
Present: Charles Stoneback, Lawrence Dirks, CA Heidelberger.

Agenda: Heidelberger asked to add item to agenda: review of election and appointment of Heidelberger to full term.

1. Election Review: Stoneback moved to recognize Heidelberger as only candidate filing nominating petition and appoint Heidelberger to full three-year term, Dirks seconded, motion carried. Heidelberger serves term until 2010.

2. Treasurer's report: Balance: $20,459.13

3. Checking account: Board faced trouble paying bills in May when Dirks, only board member authorized to write checks, was unavailable. Stoneback moved to authorize Heidelberger to write checks on district bank account; Heidelberger seconded; approved.

4. Permits and Diagrams: Heidelberger has compiled all available permits and diagrams for septic systems in district, will translate to computer database. Many permits lack details; majority of residences have no information on file. Board reviewed permit and inspection process. Stoneback noted that district can set its own zoning requirements; district currently follows county regulations. No action taken.

5. District Map: Official district map in county zoning office does not match tax rolls. Houses in Gilman's Addition (west of 451st Ave) are being assessed but do not appear on the official map. Official map also shows different boundary through Reynolds's property. District cannot tax property not included on official map. Investigation of files found no official map in district records, no indication in minutes of any motion to annex Gilman's Addition or any other property since inception of district. District cannot assess taxes on property in disputed areas unless (a) official documentation of map revisions or annexations is found or (b) district annexes said property and official map is revised. New map should also reflect that Prairie Village is not part of the district, per advice of zoning officer. Stoneback moved to commission new district map based on results of investigation and possible annexation; Heidelberger seconded; approved.

6. Budget for FY2008: Heidelberger proposed following budget:
        
Lake Herman Sanitary District
Proposed Budget – Fiscal Year 2008
   
Revenue
Taxes $2,000.00
Inspection Fees $150.00
Reserves $1589.06
   
Total Revenue: $3,739.06
   
Expenses
Liability Insurance $800.00
Legal Fees $400.00
Publication Costs $250.00
Bacteria Monitoring Project $714.06
Meeting Expenses $450.00
Surveying$1,000.00
Misc. Fees $125.00
   
Total Expenses $3,739.06
   
Other expenses for FY2008 to be drawn from  
existing surpluses.  

7. Other items from the floor.
8. Heidelberger moved to adjourn 7:50 p.m., Stoneback seconded; approved.

2007.05.31

 

Minutes of the Lake Herman Sanitary District – Thursday, May 31, 2007
Approved 2007.08.30
Called to order at 5:30 p.m. at Marlin's Restaurant one mile west of Madison, SD.
Present: Larry Dirks, Cory Allen Heidelberger

All actions approved unanimously unless otherwise indicated.

Agenda:
approved.
Minutes of August 29, 2006 meeting:
approved.

1. Treasurer's Report:
Current account balance: $20,854.79. Expenses this period: Daily Leader, election publication: $12.31. Jerome Lammers, legal: $121.70. Board also authorized back payment of meeting fees to former member Keith Roskens.

2. Board appointed Charlie Stoneback
to fill vacant seat, term expires 2008.

3. Board set election date of July 17.
Heidelberger's term up for election.

4. Heidelberger reported on progress of reviewing permits on file.
Heidelberger will continue to review files, compile list of sites with for which District lacks septic tank specifications.

5. Board discussed tax rolls and district map.
Board will review minutes to verify correspondence of tax rolls and map. Heidelberger authorized to commission new official map.

6. Board reviewed new website:
www.lakeherman.org/SanitaryDistrict. Heidelberger will continue to update.

7. Board agreed to meet after June 26 petition deadline
to arrange election details.

Adjourned at 6:10 p.m.

-Recorded and submitted by Cory Allen Heidelberger

2006.08.29

 

Minutes of the Lake Herman Sanitary District – Tuesday, August 29, 2006
Approved 2007.05.31
Called to order at 6:30 p.m. at Marlin's Cafe (formerly the F&M) one mile west of Madison, SD.
Present: Larry Dirks, Cory Allen Heidelberger

All actions approved unanimously unless otherwise indicated.

Agenda: approved

Old business: none

 

New Business:

  1. Filling Board Vacancy: The board discussed the continuing vacancy in the board's third seat. The board agreed to seek an interested candidate to appoint to this position.

  2. Revising District Map: The district map on file at the courthouse is outdated and does not reflect the current borders of the district. The board authorized Heidelberger to line up the services of a local surveyor to draw up a revised map aligned with the current tax rolls for the district. The board will submit the new official map to the county by the end of the year.

  3. Establishing Informational Website for the District: Heidelberger proposed establishing a website for the district. The website would include educational materials on lake sanitation, ordinances, announcements, board contact information, and district archives for meeting agendae, minutes, and other documents. A nearby entity has established a similar website for $160 set-up and $60 a year for maintenance. The board approved establishing such a website and authorized Heidelberger to price different service providers and order and set up the website.

  4. Compiling District-wide Septic System Information: Permits and specifications for septic systems are currently in differnt files. The board agreed to compile all existing documents, then contact Banner and Associates in Brookings to request any documentation on existing systems they may have gathered while conducting their feasibility study in 1998-99. The board will then send questionnaires to landowners who have no septic system information on file with the district.

  5. Determining Future Waste Disposal Plans: The board discussed the feasibility of carrying out the long-studied plan for a centralized wastewater disposal system for the district. Heidelberger indicated several drawbacks to pursuing a plan for a centralized sewer system. He noted that the only formal study of the project, done in 1998-99, projected costs at a little over $2,000,000 and would be significantly more now. He said the district may lack the population to make such a project financially feasible, noting that rural areas of comparable size and population density have stuck with decentralized or onsite systems and that onsite systems can be equally effective at less cost. The feasibility study indicated only potential harms, not any linkage to current demonstrated problems with algae or other sanitation issues. Heidelberger expressed concern that a centralized wastewater disposal system might fail to address more significant causes of lake sanitation problems, like phosphorous from fertilizer run-off and sedimentation, and produce no demonstrable improvement in lake sanitation.
    Dirks indicated his continued support for a centralized sewer system. He said such a project will bring an improvement in the quality of life at the lake. A centralized system is more convenient and would permit smaller lot sizes around the lake. Dirks noted that at a study by the board a few years ago found that many residents would like to have such a system.
    Board members agreed that such a project will not take place without funding from federal sources. Board members also agreed that prevention regimes carried out by the board right now, like inspecting new construction, offer reasonable protection of the lake. No action taken; the board agreed to gather information and continue discussion.

  6. Approving Fiscal Year 2007 Budget: Dirks offered treasurer's report, showing the district has $18,225.45 as of 8/28/2006. Heidelberger proposed the following budget:

     

    Revenue

    Taxes:

    $2,000.00

    Inspection Fees:

    $150.00

    Total Revenue:

    $2,150.00

    Expenses

    Liability Insurance:

    $800.00

    Legal Fees:

    $400.00

    Publication Costs:

    $250.00

    Website Costs:

    $200.00

    Meeting Expenses:

    $375.00

    Misc. Fees:

    $125.00

    Total Expenses:

    $2,150.00


    Budget approved: Heidelberger will submit to County Auditor by October 1 deadline.

  7. Setting Next Meeting Time: Board will meet again before the end of the year, date and time to be announced.

Board adjourned at 7:55 p.m.

--Recorded and submitted by Cory Allen Heidelberger