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2007.11.28

Wed, 08/19/2009 - 23:06 — CAHeidelberger

 

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.