Meeting Information
-Convene
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
REGULAR AGENDA
(2) Consider request to apply herbicides to leafy pond weed in Lone Star Lake (Keith Browning)
(3) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Miscellaneous
(d) Public Comment
(4) Adjourn
Thellman called the regular session meeting to order at 6:35 p.m. on Wednesday, May 13, 2009 with all members present.
CONSENT AGENDA 05-13-09
Thellman moved approval of the following Consent Agenda:
► Commission Order Nos. 09-021 and 09-022 (on file in the office of the Clerk);
Motion was seconded by Flory and carried unanimously.
PUBLIC WORKS 05-13-09
The Board considered a request from the Lone Star Lake Cabin Owners Association to apply herbicides to Curly Leaf pondweed at Lone Star Lake as the County has done for the past three years. Keith Browning, Director of Public Works, presented the item.
The County has treated the pondweed in the past with the approval of Richard Sanders, Kansas Department of Wildlife and Parks (KDWP) Fisheries Biologist. The previous Board approved the Public Works applying the herbicide with the cabin owners paying for the cost of the chemicals. Typically the pondweed is a problem in the spring but will wilt back naturally as the water temperature rises in June.
In January 2009, the 6th Circuit Court ruled that, under the Clean Water Act (CWA), the EPA should require a NPDES permit for the application of pesticides in water. The Kansas Department of Health and Environment (KDHE), who administers NPDES permits in Kansas, is reviewing the court ruling to consider a change in procedure. At this time, no permit is required.
Sanders feels we should not apply the herbicide this year to see how the pondweed responds after the past applications. Based on this information, Craig Weinaug, County Administrator, has directed staff to not apply the herbicide to the pondweed this year. The LSL Cabin Owners Association requests the Board to overrule the administrative directive.
Thellman asked for clarification on the County's authority for Lone Star Lake. Browning stated the County owns the lake. The private property stops short of the water and technically the docks are located on County property.
Flory then asked for clarification that no chemicals can be administered without the permission of the County. Weinaug verified that statement is correct.
Sanders stated the County treated vegetation three years ago and the initial treatment was successful. The lake today and most docks have some vegetation out 20-30 feet. Normally the vegetation g s away the first week of June. Sanders stated he had no problem maneuvering his boat around in the lake.
Flory questioned how much we would get out of the treatment if we treated the weed this late in May. Sanders responded only a couple of week's worth of benefit. The herbicide works quickly but would still take 2-3 days to kill off the weed after the application.
Thellman asked how much of the lake surface in the east arm is covered by the pondweed. Sanders responded less than 5%.
Thellman opened the item for public comment.
Paula Shumacher, 2104 Burken, stated the pondweed is a recent addition to the lake. She asked why we would you want to keep this weed in particular.
Sanders replied it is abundant and the recreational season is not affected by this weed as by some others. Shumacher stated it is too late to treat the weed this year but suggested maybe treating in late March or early April in 2010.
Bill Schulteis, lot owner, stated he can not fish from the shore right now, or swim on the beach because there is too much pondweed. He stated the chemicals seem to be safe and without them he will lose 25% of his recreation time at the lake. Weinaug responded that his decision is not that we would never treat the lake again. It was based on the advice of Richard Sanders, which is to go one year without treatment and reevaluate.
Barbara Barnhill, President of the Lone Star Lake Cabin Owners Association, asked for the Board to vote for the spray. Residents can not fish, boat or swim until the weeds have died down.
Lisa Larsen, 626 N 645 Rd (lake house address), stated she can not get around the lake with her kayak because of the pondweed. She has concerns that cabin owners will treat the weeds themselves and contaminate the lake.
Paula Schumacher stated she would like see a long-term plan as opposed to using chemicals. She stated the association has collected money and is willing to be partners with the County.
Ned Kehde, area fisherman, stated he has no problem navigating through the lake. The weed has been a godsend for fisherman and is usually gone by June 10.
Thellman asked if there a point when you lose benefit to the fish. Sanders responded yes, if the weed coverage would reach about 40% there would be oxygen depletion.
Hubbard Collingsworth, resident, asked if the weed dies on the surface or all the way to the lake bottom. Sanders replied that the weed dies clear to the lake bottom.
Thellman closed the public comment.
Flory stated he agrees with Sanders, the expert, to not apply the herbicide for one year. In long term, he would like to see discussion to deal with the arm and not the whole lake. He would be open to considering a manual mechanical removal.
Gaughan stated he is not convinced that some of the activities can't be done.
If the herbicide ends up the best solution for treating the weeds, Gaughan would like to see a policy set up to handle the application situation instead of a year-by-year review. He supports the expert's recommendation to not apply the Aquathol-K for one year.
Thellman stated she supports the County Administrator's decision and the biologist's recommendation to give a rest for this year. She would like to look for other options besides chemicals.
It was the consensus of the Board for staff to research long-term options with Richard Sanders and to provide a follow up with the Commission in October, and for staff to notify the Lone Star Lake Cabin Owners Association when the item is placed on the agenda for discussion.
ACCOUNTS PAYABLE 05-13-09
Thellman moved approval of accounts payable manual checks in the amounts of $1,247.94 paid on 05/11/09 and $170.00 paid on 05/13/09; payroll in the amounts of $20,913.30 paid on 04/24/09, $651.20 paid on 05/11/09 and $745,134.41 paid on 05/08/09, $20,913.30 paid on 04/24/09 and $734,591.54 paid on 04/23/09; FICA in the amounts of $99.63 paid on 05/11/09, $55,020.18 paid on 05/08/09, and $54,128.71 paid on 04/24/09; and KPERS on the amounts of $62,002.83 paid on 05/08/09 and $61,004.01 paid on 04/24/09. Motion was seconded by Gaughan and carried unanimously.
Thellman moved to adjourn; Gaughan seconded and the motion carried.
____________________________ ____________________________
Nancy Thellman, Chair Jim Flory, Vice-Chair
ATTEST:
_____________________________ _____________________________
Jamie Shew, County Clerk Mike Gaughan, Member
Time and Date