Bills Lake Association
Minutes
May 24, 2008

• In the absence of President Denny Miller, who was on a cruise, and both Vice President Tery Schuiteman and Treasurer Jim Tower, who were attending a funeral, Secretary Ed Waits welcomed 35 residents to the meeting at 10:05 a.m. Prior to this, four volunteers – Chuck Waits, Carol DeJong, Larry MacLeod, and Karen Bos – collected dues payments totaling $400.

• New residents Brian and Caryn Kersey, who purchased Jim Tower’s cottage, introduced themselves and endured a certain amount of banter in that their cottage address, not treasurer Jim Tower’s residence, was listed in the Memorial Day newsletter as the place to send dues payments.

• It was agreed to suspend the reading of the minutes of the previous meeting, Labor Day weekend 2007 in that they had been posted on the association’s Web site since September, 2007. Ed Waits offered a hard copy to any resident who wished to read it on site.

• In that Jim Tower had submitted an update of treasury activity on March 21, 2008 which was also placed on the Web site, Ed Waits summarized the state of the treasury and it was considered the treasurer’s report: At that time, we had approximately $5,000 in the savings account and approximately $700 in the checking account – these amounts prior to collection of dues at the meeting. It was noted that our healthy treasury is due in large part to the efforts of the zone representatives and to Jim Tower who sent reminder letters last August.

• Gene Ferguson of Camp Trotter gave what has turned out to be his annual report. The camp runs annually for five weeks after the Fourth of July but Camp Trotter also hosts officer training sessions and leadership seminars. Windows, insulation, and siding are being upgraded.

• Last summer, Jim Tower had agreed to take over the order of Fourth of July flares. However, there was a brief discussion with regard to rounding up the left-over flares. Nicole Kruskie agreed to contact Tim with regard to this.

• Ed Waits explained the method by which the snail-mailing of Memorial Day newsletters is now determined. Because the newsletter was posted on the Web site at the beginning of May and then e-mailed to residents who had provided addresses shortly afterward, hard copies of the newsletter were mailed only to those residents who do not live on the lake and who do not have e-mail. However, zone representatives received hard copies of the newsletter for distribution to everyone else prior to Memorial Day.

• Ed explained that articles that go into the newsletter are routinely placed on the Web site long before they are published and distributed in hard form. In addition, he plans to prepare and publish the 2008 directory shortly after the Fourth of July festivities rather than wait until early August.

• Rather than give an extensive Lake Testing Report for 2007, Ed Waits referred residents to the Web site where “there is more information than you want to know.” He also highlighted a front page article in the previous Friday’s Grand Rapids Press about recent efforts to ban phosphorous in lawn fertilizers just as this chemical has been banned in detergents years ago. He quoted Jeannine Lemon, president of the Hess Lake Association, as saying that Muskegon and Ottawa counties have banned phosphorous fertilizers in their locales and that there is a movement to do the same in Newaygo County. Several residents noted stores that sell phosphorous-free fertilizers. The Grand Rapids Press article also gives a similar listing.

• It was announced that the Fox Zone needs a zone representative but there were no volunteers at the meeting. Ed said that Pam and Bob Flint delivered newsletters there but are not expected to sell flares or collect dues.

New Business

• On March 28, Howard Myerson, outdoor columnist for the Grand Rapids Press, issued a heads-up that was heeded by Bills Lake resident Bob Cobb. Bob made a brief presentation about it at the meeting. The issue involves the possibility that all recreational boat owners might have to apply for an Environmental Protection Agency (EPA) permit starting in September if Congress doesn’t pass legislation this summer exempting our boats. Since 1973, we have not had to apply for permits even though in truth we discharge water (primarily engine cooling water) into Bills Lake when we run our boat motors. But because of a ruling by a well-intentioned judge regarding discharge of ballast water from ocean liners and cargo ships (the same discharge, by the way, that presumably got us our zebra mussels), the judge painted with a broad brush by declaring that the EPA had no authority to exempt small craft such as jet skis, speed boats, pontoons, and even sail boats (runoff water when it rains on them is apparently regarded as discharge). It seems reasonable (an understatement) that we owners of small boats should be exempt from applying for an EPA permit to operate our small craft but only if Congress says so through legislation which is pending. Myerson says that they need prodding via letters and e-mails before it is too late. Otherwise 13 million boaters nationwide (approximately 935,00 in Michigan) will be required to get a permit starting in September. Bob urged that Bills Lake residents write or e-mail the two Michigan senators. Myerson’s article will be placed on the Bills Lake Web site.

• Jason Sosnowski, a highly-skilled barefoot water skier who regularly competes in tournaments, has suggested that an event be held on Bills Lake. He said that the best time is a Saturday morning because of the calm water. Prior to the tournament, a jet ski would go around the lake to inform fishermen that this one morning would be an exception to the No-Wake ordinance.

Ensuing discussion raised several concerns:

1. In order to be granted a temporary suspension of the No-Wake ordinance, a permit must be granted by the DNR. If the Bills Lake Association applies for the permit, does this make our organization liable if an accident occurs (a skier wipes out in a shallow area, for instance)?

2.  If instead the ski organization applies for the permit, it is assumed that the DNR will not grant it without association approval. If this is true, would a vote of approval at one of our meetings (even though our name is not on the permit) constitute liability if an accident occurs? Also, if the ski organization can get a permit without our approval, are we somehow still liable if something bad happens?

3.  Would a signed waiver from the barefoot skiing organization protect us from liability?

4.  Jason has suggested that this be billed as a fund raiser for our organization (a portion of entry fees from the skiers). If we accept money, have we opened the door in terms of liability?

5.  What do other lakes do with regard to these issues? Ron Madsen said that these contests usually occur on the Muskegon River. Nicole Kruskie said one event was held on nearby Pettit Lake. How do these folks handle it? Jason was not present to answer.

6.  If everything were worked out, how early would it start? How long would it last?

7.  If we open the door to this sort of thing, would we be setting a precedent that could get out of hand?

Jason will be at the next meeting to answer concerns. In the meantime, Ed will contact two attorneys (one is a lake resident) to get their opinions.

• There was no response in terms of willingness to hold a Lakefest this summer; i.e. silence = no consent. Likewise there was no support for the idea of using the association grounds as a staging area for a mass garage sale on June 6-7.

• In response to the Bob Cobb item in the newsletter regarding a bald eagle sighting, Ed Waits noted an e-mail he received from Dave Gabrielse in which Dave described witnessing a three-minute episode of an eagle trying to catch a fish in our lake. This prompted a response from Ken Huizen in which he told of catching a fish several winters ago, leaving it on shore, noticing an eagle in a nearby tree eyeballing it, and then foolishly gathering up the fish rather than leaving it in order to get his camera.

• Ed Waits noted the absence of Ed Schroeder who is the zone representative for both the Cherokee and Dakota zones. Ed, who was vacationing in Bransom, Missouri at the time, has said that due to age (he is 88) and ailment (macular degeneration), he may not be able to stay on the lake much longer. Residents, including Gene Ferguson of Camp Trotter, took turns praising Ed for both his diligence and his ever-present good will. He puts advertisements in the local newspapers regarding the garage sale, collects a small fee from each of the garage sale participants, places the meeting signs on most of zone signs, and together with Jim Boot keeps an eye on Camp Trotter during the off season.

• On the subject of praise, Craig Kidder lauded the services of Ed Eckert of Cypress Car Services for going above and beyond in terms of helping Craig when he was in need. Craig recommended this service.

• On the subject of recommendations, Ed Waits noted that Cindy Sullivan, Newaygo County Drain Commissioner, is retiring. He said that Dick Besser, president of the Hess Lake Board, has strongly urged that residents vote for assistant drain commissioner Pat Butler who is running against two inexperienced opponents (Besser’s words) in the August election.

• The northern pike issue was not discussed in that Jerry Deschaine, who had been looking into it during the spring, was not present at the meeting. A solution to the problem had been foundering in that the DNR informed us last summer that in order to lift the size limit restriction, a survey would have to be taken. Since the DNR is increasingly short-staffed and short of money due to budget cuts, a survey would not be taken until later this summer, if at all.

• There was no 50/50 drawing because nobody had a key to the association building where the tickets are located. The meeting adjourned 46 minutes and 17 seconds after it started.