Lake Improvement Board Renewal Questioned

[5/14/12 correction:  A previous version of this story incorrectly stated that the Lake Improvement Board is approaching a 5-year renewal option this August, and that the Village of Bear Lake, Pleasanton Township and Bear Lake Township "must decide if it should continue."  An examination of state and local documents shows that while certain actions are recommended every 5 years (see related story), the existence of the LIB does not depend on them.]

Pleasanton Supervisor Tony Merrill wants more township control over the Lake Improvement Board (LIB) and is seeking to replace the current LIB with a new committee of his own design.  At the Tuesday, April 10 meeting of the Township Board, Merrill introduced an 8-point resolution that would create a body with the same purpose as the LIB, but would operate under different rules.  It's not clear if the resolution has the support of other board members, or if it would have any legal standing.  The LIB operates under the authority of past actions taken by all three local governmental entities and the state of Michigan.

Over the past four years, the LIB has collected funds from lakeside property owners to treat the outbreak of the invasive Eurasian water milfoil discovered in Bear Lake in 2006.  Under the resolution that formed it, the LIB also has the power to deal with other non-native invasive species, should they be found.  The LIB's efforts have generally been viewed as successful in cutting down and controlling the Eurasian milfoil.  Pleasanton and Bear Lake Townships, along with Bear Lake Village, agreed to create the LIB and held a joint meeting on March 6 in order to express viewpoints.  Since then, the Village has approved a resolution expressing a desire to continue it.  Bear Lake Township voted down a similar resolution, but may return to the issue before the August deadline.

At the Tuesday meeting, Pleasanton Township did not consider a resolution to continue the LIB, but by offering his counter-proposal, it was clear that Supervisor Merrill had reservations with the LIB's operations.  Merrill began by stressing that his proposal was "just an idea," and said that he "just wanted to give a little more power to the township."  He also said that a consultation with an attorney would be necessary.  "They're [the LIB] doing a fine job.  I just want more accountability," he said later.  

"I have a problem with the whole law, with the whole premise," he said, in reference to the LIB's power to create a special assessment district and collect funds.  His proposed committee would open membership to township officials, be subject to renewal every year and have a cap of $50,000 on the level of funding that it could retain..  "Currently, there's about $134,000 [in the LIB fund]," said Merrill.  That's an extreme amount of money to be sitting in there.  I don't understand why it's there.  I don't think it needs to be."  

Don Brisbin, chair of the LIB, requested and was given a few moments to respond to the various points of Merrill's proposal.  Brisbin said that state law provided for renewal every 5 years and that current LIB rules already allow for representation from the two townships and the village.  LIB members are appointed by each governmental entity and are not necessarily officials.  He also said that the LIB's funds, estimated at about $142,000, were prudent.  "That rainy day fund allows for immediate action in case something comes into the lake," said Brisbin.  "Then we wouldn't have to go back to the taxpayers."  He added that he'd like to maintain at least $100,000 in funding.

The other five points of Merrill's proposal included a requirement that LIB decisions be unanimous, that the LIB adopt bylaws, that LIB representatives report back to their village or township after each LIB meeting, that a yearly report be generated and provided to all of those assessed, and that, after receiving several bids, the lowest one submitted by a qualified firm should be accepted.

Brisbin responded that unanimous votes have indeed been obtained for expenditures, and said that the LIB's bylaws are contained within documents that outline the scope of the project.  The two men disagreed on the powers of the LIB.  "That board was set up for milfoil, not everything else," said Merrill.  "It gives you power to do almost anything you want."  Brisbin said that the board had powers to deal with "any and all invasive species."  "We could have quaga mussels," he said.  "We could get the asian carp.  There's all kinds of things out there."

Trustee Bob Babcock and Treasurer Judy Girven expressed general support for the LIB.  "There were some things I wasn't happy with, but whatever the small problems are, they can be corrected," said Babcock.  "If you have problems, you should bring them up to the township board.  I've heard nothing."  Merrill responded, "It does no good to bring things up to you or the board."  Girven said she had no problems with the LIB.  Trustee Dave Ertel and Clerk Amy Cross did not comment.

Certain data, describing the location of milfoil infestations, may also be in contention.  "All I've ever wanted are the GPS coordinates," said Merrill.  "We don't know if [the milfoil] is regressing or not."  Merrill contends that he asked for the data since taking office two and a half years ago.  Bryan Harris, Pleasanton's LIB representative before Jerry Stick but after Jack Sawka, says he did request it on behalf of the township 3 or 4 times, during his April 2009-April 2011 tenure. During the meeting, Brisbin apologized for the delay, but noted that a copy of the GPS data was recently given to the township.  Merrill could not be reached for additional comment.

The Township Board voted unanimously to have its attorney review Merrill's proposal and submit a written report.

When contacted at a later point, Brisbin declined further comment on Merrill's concerns, but did suggest that past GPS data may not present a current picture, as milfoil locations aren't static.  "It plants itself," said Brisbin.  "It will pop up in random spots that are 16 feet deep [or less]."  Brisbin added that the public should attend this Monday's Pleasanton board meeting, and Tuesday's Bear Lake Township board meeting.  "If there's anyone out there concerned with the lake, they should come to the meetings."  Pleasanton's Board meets Monday, May 14 at 7pm at the Pleasanton Township Hall.  Bear Lake Township's Board meets Tuesday, May 15 at 7:30pm at Bear Lake Township Hall.    

[A previous version of this story was published on 5/11/12.]