lake views newsletter, fall 2009, lake beulah protective association

8/9/2019 Lake Views Newsletter, Fall 2009, Lake Beulah Protective Association

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Lake ViewsVOL 17 NO 2 A PUBLICATION OF THE LAKE BEULAH PROTECTIVE & IMPROVEMENT ASSOCIATION Fall 2009From the President's DeskWelcome to the Fall Lake Viewsewsletter! It has been very busysummer for us and I want to summarize afew of the highlights from this past year.As you are probably aware, we continueto try to get our day in court in regard tothe Village of East Troy's high capacitywell number 7. I am thankful that ourorganization has talented and dedicatedmembers like Dan Bach and Bob Lewisto help us make informed decisions as tohow to proceed with our legal issues. Dan'sarticle in this edition of the newsletter does agreat job in summarizing the legal situationas it currently stands.This year the DNR ran out of Walleye,so our fish stocking program has onceagain been put in limbo! We are currentlylooking into getting a private hatcheryto do the Walleye stocking for us thisfalL. Our organization ran into a similarsituation in 2007 and we will approach the

Triangle Sportsman's Club to see if they are

interested in going in with us to help defraycosts.Speaking of costs, we are running oneof the lowest fund balances in recent

organizational history. This is becauseof the legal expenses associated with theappeal process. We typically raise fundsthrough our Spring membership drive but Iencourage all members to consider sendingadditional donations to our mailing addressat LBPIA, P.O. Box 153, East Troy, WI53120.Lastly, I look forward to seeing all of youat our Annual Fall Meeting, which willbe held at 9 AM on Saturday, September19th at the Town of East Troy HalL. In themean time you can keep abreast of an ofthe most recent news at our web site, www.lakebeulah.org.Scott Miller, M.D.LBPIA President

In This Issue...Kettle Moraine Land Trust - Beulah Area Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2E15 Gasoline: Coming To A Pump Near You! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Controllng Invasive Species. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Paddle Prattle. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Camp Edwards Education Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Pending Appeals - Well No.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6


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Beulah Area Projectby Tom BernardtThe Kettle Moraine Land Trust (KMLT) ispartnering with area organizations to conserve andprotect properties in the Lake Beulah Watershed.Lake Beulah is part of the larger Mukwonago RiverWatershed, which has been identified as a Legacy

, _=-_........: c.-j--,..."'.l!~--'-E:.-'-,---"'_~___N"".f.."II;:~::'=.=::;:.s....%~~~--~::~":..,.........t:,.-....'... ~.._,Area by the Wisconsin Department of Natural. Resources (WDNR) in its "Wisconsin Land LegacyReport." This report gives the Watershed the highestrating for Conservation Significance because of itsoutstanding ecological qualities and size.The land surrounding Lake Beulah has aconsiderable amount of environmental corridor,

open space, scenic views, and diverse topography.Conserving land now will help preserve this uniquearea of biodiversity for future generations to enjoy.KMLT hopes to protect more private and nonprofitareas around the bog and Lake Beulah to bufferthem from development pressure and to preventdisturbance and degradation of these very specialplaces. .KMLT conservation work here is supported by

the Lake Beulah Protective and ImprovementAssociation, and complements the larger regionalconservation initiatives by the WDNR and TheNature Conservancy. Other local organizationssuch as the Lake Beulah Management District, LakeBeulah Yacht Club, area camps, and the Town ofEast Troy are being invited to consider partnering onthis project. Their help along with others will allowthis project to dovetail with further conservation andSmart Growth efforts by municipalities and WalwortCounty. The enduring legacy of these efforts willbe perpetual preservation of the Lake Beulah area'snatural beauty.

Tarman-Ramcheck PropertyTR Referenced Ecosystems

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Lake Views is published periodically by the Lake Beulah Protective & Improvement Association. Every effort has been made to providecorrect and accurale information. There is, howeve/; no guarantee as to the total accuracy of information included. The opinions expressedare not necessarily those of the LBPIA Board of Directors. Individuals who wish to submit articles, artwork, poet/)', calendar items orphotography may send contributions to Lake Views Editor. LBPIA, Po. Box 153, East Troy, Wi 53120. Articles in Lake Views may bereprinted or reproduced/or jimher distribution, with acknowledgment to the Editor.

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Fall 2009(continued from page 2)Land ConservationLandowners have several options available to preserve

their land and some options offer tax benefits. A donationof a conservation easement to a land trust providesthe donor an income tax benefit for their donation. Aconservation easement is a permanent legal agreementbetween a landowner and a land trust or governmentagency that restricts the way the land may be used. Feesimple purchase by the land trust is another permanentoption for protecting propert, and often has restrictionsfor protecting and managing the propert.Initial Land Conservation PropertiesKMLT has adopted the Beulah Bog to help WDNR

manage that propert by removing invasives andrestoring native species. The Tarman-Ramcheckpropert, with magnificent vistas to and from the lake, isthe first being sought for conservation and preservationin its natural state. A Knowles-Nelson StewardshipGrant is targeted for half of this project, while otherorganizations and private parties are being invitedto match the other half, as well as set up a propertymanagement endowment. Please contact KMLT, a50 i (c )(3) nonprofit organization. Donations are taxdeductible! Call (262) 949-72 I I or visit the KMLTwebsite at www.kmlandtrust.org . Time will not wait forus to act.

E15 Gasoline:Coming to a PumpNea YBy Ray Fisher

In March of 2009, 50 ethanol manufacturers applied tothe EPA to increase the ethanol blend from EIO to E15.This was the outcome of the ethanol's lobby to passHR 6 which requires 36 billion gallons ofbiofuels to beblended with gasoline by 2022.The problem is that El5 will destroy small engines,

Using gas over EIO voids the warranty on Mercuryoutboards. Engines on snow throwers, lawn mowers,leaf blowers & trimmers, chainsaws, ATVs, and snow-mobiles will be damaged. E 15 will most likely damagethe fuel system on 1I0s and inboard boats and outboardmotors. There is a class action lawsuit in Florida overthe damage ElO has done to boats.

The EPA is taking public comments until December 1,2009, concerning E15. Contact them at: http://ww.epa.gov/otaq/additive.htm.I contacted Senator Kohl concerning this issue. He

encouraged me to contact the EPA. He must not own alawn mower or snow thrower,

Controlling Invasive Speciesby Ray FisherThe woods at Camp Charles Allis a few years ago was

so full of honeysuckle and buckthorn that there was noroom to walk. Native trees and wildflowers were beingforced out. Garlic mustard was starting to fill in remain-ing open spaces.We cut buckthorn and honeysuckle with handsaws,

chainsaws, and weed cutters with blades. The best brushcutting tool is the Stihl FS 3yj50, This dedicated brushcutter has two handles for control and enough power toslice through 4" thick trunks. If you are not sure whatto cut, wait until leaf drop in October. The brush withgreen leaves will be buckthorn or honeysuckle. Theseplants stay green until the end of November. They arealso the first to green up in spring.You will need chemicals to fight these invasives.

Here's what worked for us:Buckthorn & Honeysuckle:Dab undiluted Round-up on freshly cut stems to pre-

vent regrowth. A cut open milk container and a brushtaped to a stick saves your back from bending over.Round-up sprayed on leaves will not kill them.I have sprayed 2-4D on small plants. It does not kill

them but the chemical will stunt the leaves.Garlon is sprayed on the trunks 6 inches from the

ground. For foliage spraying we like Escort.The best chemicals must be purchased through farm

co-ops or suppliers to agribusiness. Randy Cooper, Waworth County Forester, recommends Crop ProductionServices (CPS) 888-495-8840. For questions about rateor applications, call Rick Schulte 608-770-4041. CPSsupplies herbicides for agribusiness,Garlic Mustard2-4D works well on these. I like to spray mid-April

before the trees leaf out. Spray them again in May.These plants stay green all year so spray whenever yousee them.Don't let these invasive plants destroy your woods.

Start a control program this falL.3


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Lake Views

Paddle Prattleby Scott Miller, M.D.

In late February my wife Lisa and I hadthe opportnity to visit the "garden island"of Kauai, Hawaii. What does the author ofthis column do when visiting a lush tropicalparadise with many miles of navigable rivers?Why go kayaking of course!We decided to take a guided tour of theWailua River which is located on Kauai'seastern shore. The river starts in the centralmountains and flowswith a fairly gentlecurrent out to thePacific Ocean. Wepacked up our drybags and coolers ata Shell station nearthe river's mouth andhopped into a twelvepassenger van with atrailer full of kayaksin tow. After a shortdrive we arrived at the river's marina andunloaded our kayaks and gear. This particularoutfitter furnished us with sit-on-top singleand tandem kayaks. I've never had thechance,to try a sit-en-top tandem so I Viaslooking forward to seeing what one would belike. Many had told me that they are quitecomfortable to paddle but don't give a verydry ride. I was surprised at how well theyhandled and thought they were surprisinglydry considering they have no decks.We paddled up stream in a group and hadvery little trouble negotiating the currentbecause there was a good fifteen knot tailwind blowing up the river channel from thePacific Ocean. The waves were actuallygoing with us upstream! These kayaksweren't the fastest that I've ever paddled but

they sure were fun. The tropical scenery wasbreathtaking and after a half hour's paddlingwe tied up our kayaks to begin what wasbilled as "an easy twenty five minute hike."The hike turned out to be an hour and ahalf slog through deep mud (at its best) orincredibly slick uneven surfaces of slightlyharder mud (at its worst)! We eventuallymade it through the trails to the "secretwaterfall" that was tobe our final destination

Everyone on the trip,agreed that the scenicbeauty of the rushing'waterfall was well'woiih the hike! After:spending fort fiveminutes playing in the:pool beneath the falls,'we made our way backto the kayaks. As it

always seems to work out, the trip back to thekayaks went much faster and easier than thetrip going out to the falls.We reloaded our gear into the kayaks andmade our way back down river to the marina.The winds had lessened as the day went onand we took advantage of the turbulencecaused by the shoreline vegetation to cutdown our wind resistance. While we wereon our way back, we were treated to a sightthat you don't see every day. Three racingout-rigger canoes sped up the river on traininruns. It was a thril to see the teams ofsynchronized paddlers working their way inperfect unison to the cadence of the coxswainIt was like watching the ending of the old TVshow "Hawaii-Five-O" without the music.The paddling ended at the marina as we(continued on page

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(continuedjiom page 4)re-loaded the kayaks on the trailer and hoppedback in the van for a return trip to our startingplace. It was a great trip that I wil cherishfor a lifetime. I also came away with a new

appreciation for sit-an-to kayaks and perhaps willbe adding one to my growing "fleet" of kayaksand canoes? Happy Paddling!Camp Edwards Education Eventsby Jody HeimosEdwards YMCA Camp has been situated on theshores of Lake Beulah for 79 years. Throughout ourtime, the camp program went from a summer campfor boys to the introduction of co-ed camping, Family

Camps, year round programs, and EnvironmentalEducation. While many environmental educationprograms fade with time and increasing cuts to schoolbudgets coupled with a generation of X-boxers,Wii players, and other sedentary lifestyles, CampEdwards has been able to maintain a strong programthrough tradition and partnerships with the schoolsand groups we serve, as well as a commitment tobetter the lake community through education.For over i 0 years, a mainstay of education has beenour Maple Syrp production and education. In thelast 5 years we have offered this opportnity to the

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Fall 2009Additional ContactsFor Lake ResidentsTown Chief of Police:Jim SurgesPh# (262)642-3700,N9220 Stewart School Road,East Tray, WI 53 120Town Hall:(262)642-5386,N9220 Stewart School Road,East Tray, WI 53 120(Sandy - receptionist)Lake ManagementDistrict Attorney:Dean P. LaingO'Neil, Cannon, Hollman, Dejong S.c.II I E. Wisconsin Avenue, Suite 1400Milwaukee, WI 53202Telephone: 4 14-276-5000Facsimile: 414-275-6581Email: dean.laing(iwilaw.comChairman, Lake Beulah Management District:Dave Skotarzak,Ph# (262)363-7603,Fax# (262)363-9303N9554 Millsite Road,Mukwonago, WI 53149E-mail: mmsko(ielknet.netChairman, Town Board:John Strasser,East Tray Town HallCounty Supervisor,(Dist. 1 - Town of East Troy), Walworth County:Rick Stacey (262) 642-9689LBPIA Attorney:Dennis L. Fisher,William StuartMeissner Tierney Fisher& Nichols S.c.,The Milwaukee Center,1 I I East Kilbourn Ave.,Milwaukee, WI 53202-6622Phone (414)-273-1300;Fax (414)-273-5840;e-mail DLF(iMTFN.ComLBPIA Web Site:www.lakebeulah.org.Effective as of August I, 2009


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Lake ViewsPending Appeals Regarding Well No.7by Dan BachTwo cases challenging the Village of East Troy'sWell #7 are now pending before different appellatecourts in Wisconsin. The case brought by the LakeBeulah Management District and the Lake BeulahProtective and Improvement Association ("WalworthCounty case") is before the state appellate courtsitting in Waukesha. The case brought by severalindividuals and the Eagle Springs and PhantomLakes Management Districts ("Dane County case")is before the state appellate court in Madison. Bothare in the briefing stages, with the parties makingwritten arguments to the courts. Decisions may beforthcoming late this year or early in 2010.There are important issues unique to each case:For example in the Walworth County case, JudgeKennedy ruled on the DNR's role in enforcing thestate public trust doctrine, a constitutional provisiongranting to the public ownership of the state'snavigable waters. He found the doctrine would onlyrequire consideration of the environmental impactsof Well # 7 if the Wisconsin Department of NaturalResources had been given some evidence that thewell might harm the lake. That position, if upheld,would impose upon the public an affrmative duty topresent evidence of potential hann to the DNR, thedesignated trustee of the state's navigable waters. In

other words, the DNR could approve applicationsfor most high capacity wells without doing anyenvironmental analysis, unless somebody else cameforward with evidence that a well might damage alake or wetlands.In the Dane County case, Judge Nicks decided thatthe DNR's 2005 extension of the Village's expired2003 well permit could have been challenged onlythrough an administrative process initiated within

30 days of that extension, The primary issue inthat appeal is whether an unauthorized act of agovernent agency---the DNR's extension of anexpired permit---has any legal effect giving rise tothe narrow opportnity to challenge it.These appeals raise issues of extreme importance tothose interested in protecting our valuable resourcesIf it is the public's obligation to generate evidenceof a wells potential damage to lakes, streams andwetlands, then effectively we have no public entitycharged with the duty to actively protect our waters.If a state agency can bypass its own rules andextend an expired well permit, and in so doing denythe public the right to participate in the decision-making process, then the emperor has no clothes.Stay tuned. Your support, questions andencouragement are welcomed.

Camp Edwards Education Events (from previous page)community in an effort to educate the local familiesand long time supporters of the amazing process ofnature and man's relationship to the natural world.Every mud season, when the ground thaws, CampEdwards begins to tap over 75 maple trees on campproperty to begin to harvest a small percentage oflifeblood of the maple tree, the sap. During thistime of temperature fluctuation, the sap beginsits journey of nourishing the leaves of the tree inanticipation of spring and sustained warmer weather.When the temperature drops in the evening, thesap retreats to the roots to keep from freezing, andthe process starts all over again the next day thetemperature rises above 32 degrees Fahrenheit.Once staff collects over 200 gallons of sap, webegin the reduction process to turn the sugary sapinto caramelized syrup, by evaporating the watercomponent of the sap. Every year, Camp Edwardscollects 700-900 gallons of sap which in turn

makes only 17-22"gallons of' piiiifid syrup.On Maple Syrup Family Fun Day, we open thedoors of Camp Edwards to the community toexperience the art of maple syruping, complete withdemonstrations, history, hayrides, pancake breakfasand fun.For this coming autumn, Camp Edwards will beoffering a new community event aimed at educating

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Area Chair NetworkAugust 2009Area Chairpersons are committcd Lake Beulah residents who serve as the primarycontacts for the Association. Should you have an interest or concern about anythingregarding the Lake, please be sure to contact your area chair.Lake Beulah Area Chairperson(s)A Country Club Lane & Austin Rd............................Jane Tanis (262-642-9232)

jtanis~wi.rr.comB Beulah Heights Road.................................. Richard Stenglein (262-642-3643)C Oakwood Lane & It's A Little Road ..............Jim Holtennann(262-642-3050)D Lake Road & Windy Way................................ Penny Clayton(262-642-3083)E County J Road....................................................... Don Tacke(262-363-4327)E Marsh Road & Millsite Road ............................... Don Tacke (262-363-4327)F Island Drive & Golden Way............................. Jean Maiwald (262-363-0829)G Brynes Lane & Romadka Park Road .................. Roy Gerloff (262-642-52 13)H Horseshoe Lane & East Shore Road

(to Beulah Park) ............................................... Josie Midman(262-363-8892)I Beulah Park Road....................................Ken and Pat Jarecki (262-642-9729)J East Shore Road & Thistle Lane............................ Bob Wegner (262-684-5556)K South Shore Drive (to Humphrey Lane).......................................................VacantL South Shore Drive & Humphrey Lane .............. Kathleen Taugher(262-642-3835)ptaug~milwpc.comM Kings Parkway & Kings Lane......... John & Bea Sonderegger(262-642-5716)j 0 hnsonderegger~att. netN Pastime Lane & Grandview Drive ....... Bill & Maya Murphy (262-642-9837)murphmaya~centurytel.neto Wilrners Grove Road, Wilmers Point Lane& Wilrners Landing................................................Brian Fons(262-642-9613)P Stringers Bridge Road, New Deal Ave. &West Bay Road.................................................... Michol Ford(262-642-5189)Q Beach Road & Deerpath Road ................. Kim & Steve Klaver(414-3 13-419 I

Fall 20092009 LBPIA

Board of DirectorsDr. Scott Miler, President608-757-2531 . 262-642-3033 (Lake)themill_ wihotmail.comRobert V. Lewis, Vice Presid,ent262-642-4581' 312-845-3733rlewischapman.comRuth Rappold, Treasurer262-642-3496rapprnetwrx.netAndrea JareckiChair: Membership & Ar Ch Netork414-881-7444Judy BerenSecretary262-782-5088 . 262-642-3636 (Lake)Co-Chair: Robert V. Lewis (LakeViews)Co-Chair: Jodie Allen Heimos (Website)Information and Education262-642-4581 . 312-845-3733rlewischapman.comRon AndersChair: Water Quality262-642-2727randers(fasapnet.netDaniel Bach262-965-5456dbach(flawtoncates.comRay Fisher4I4-421-5425rafisher4641 (fatt.netJody Allen Heimos262-642-7466 ext. 206Jodycampedwards.org

COMMITTEES & OFFICERS of theLAKE BEULAH PROTECTIVE & IMPROVEMENT ASSOCIATIONMEMBERSHIP - Chair - Andrea JareckiMembership expansion - Ron Anders, Ruth Rappold,

Area Chair - Ann Alger*Member Lists and/or Directory - Judy BerenINFORMATION & EDUCATION - Co-Chair - Robert

LewisLake Views (news letter) and Web Site - Jody AllenHeirnos and Robert LewisEducational Outreaches - Ruth Rappold, Ann Alger*,

FISH & WILDLIFE - Chair - Ray FisherFish Stocking - Ruth RappoldOther wildlife management issues

WATER QUALITY - Chair - Ron AndersMonitoring & Reporting - Dr. Scott Miller, Lynn Carlson(Lake Mgm't. District)*, Glen Kreinbrink* (historical)Aquatic Plant Management - Judy Skotarzak*Shoreline Management - Audrey Green* (Walworth Co.)

STATE & LOCAL GOVERNMENT LIAISON -Chair - Dan BachInteraction on Government & Property DevelopmentIssues - Daniel Bach, John Sonderegger*, Burt Shavitz*,Legislative & regulatory liaison - Tom Hauke*, LBPIABoardPublic Safety & Security - vacant

LONG RANGE PLANNING - LBPIA Board of the WholeP.O. Box 153, East Troy, Wi 53120OFFICERS OF THE LBPIAPresident - Dr. Scott Miller

Vice President - Robert V. LewisTreasurer - Ruth RappoldSecretary - Judy Bcren

*Non-BoardJlnterested volunteerFor more information visit our website at www.lakebeulah.org

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Lak CJeul/iPROTECTIVE &IMPROVEMENTASSOCIATION

Established 1894Member, Wisconsin Association of LakesP.O. Box 153East Troy, Wi 53120

PresortedFirst Class MailUS PostagePAIDOSS Mail &Marketing

(continued from previous page)the young and young at heart in the creatures of thenight.On Friday, October 23,2009, our "Howl-O-Ween"community night will take the scare out of the nocturnalanimals that live within or near our communities. Dobats really suck blood? Are the wolves among us?

What good do spiders do for us? Are they really thatcreepy? And what owl sounds like it is saying, "Whocooks for you, Who cooks for you all"? And what owllooks like it has horns? At no cost to the participants,besides a voluntary donation, participants will join ourEnvironmental Education staff in a guided night tour ofthe trails where they will enjoy stories of the creaturesof the night, facts and fiction. We will even throw in

some "trick or treat" candy. After the tour, the camperscan enjoy hayrides, hot cider, face painting, a naturecraft, and a costume contest. This is definitely an allages show.Camp Edwards is dedicated to the preservation andconservation of our environment and lake community

through hands on education and communitypartnerships with LBPIA and LBMD. Look forprogram announcements around East Troy and in thelocal papers. If you would like to learn more about theprograms and opportnities offered at Camp Edwards,please give us a call at 262/642-7466. Together we canmake a difference in our natural world and sustain thebeauty of Lake Beulah and the environs,LBPIA Fall Members' MeetingSaturday, September 19, 2009, 9:00 AMTown of East Troy Town HallN9220 Stewart School Road, East Troy, WIThe usual coffee, donuts, and good fellowship will be available.

lake views newsletter, fall 2009, lake beulah protective association

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