GLUE Member Report 04-15-09

 

GRDA Board Meeting – Happy tax day!! As reported last week, the GRDA’s April board meeting was last Wednesday. The only thing which really caught my attention was an agenda item to revoke three residential dock permits. The directors elected to attempt some additional contact measures with the three in question. I was interested from the standpoint of what had caused this type of action and it turned out to be of the most basic…non payment of dock fees. It’s really pretty amazing that only three remained unpaid out of the 6,000 plus private docks on GRDA lakes.

 

Their procedure included repeated billings, registered mail and posting notices on the docks involved. The problem really is that the next course of action is to serve the dock owners and demand removal on the non-permitted structures from the lake. But if a dock owner doesn’t have a couple hundred for a dock fee, spending a few grand to have a dock removed doesn’t fall in the likely to happen category. The final action would be for the authority to remove the dock and bill the owner for charges incurred but that takes me back to the two hundred bucks. The authority would almost be better served waiting for the property in question to change owners and requiring all unpaid fees be brought up to date, by filing a lien, as part of the dock transfer.

 

One of our members was at the meeting to get some commercial docks approved to serve secondary lots for the new Fox Pointe development at the mouth of Dripping Springs. Even though he had a good understanding of the commercial dock permitting requirements, he had to jump through some hoops, but in the end got the approval of the board to move forward.

 

Grand Lake Real-estate Boundary Issues.. I also mentioned in my last report that we had been working with Representative Cox on HB 1730 designed to grant adjacent property owners a license to utilize property to the 757’ elevation. I also mentioned the Speaker had killed the bill, but that Cox and I had a meeting scheduled with GRDA to discuss a possible solution to these types of problems. We met last Friday in Vinita with CEO Kevin Easley, COO Mike Kiefner, General Council Gretchen Zumwalt-Smith and board member Terry Frost.

 

We were given a very complete presentation on the Federal Power Act, which empowers FERC to supervise lakes like ours which generate electricity.  They addressed the portion of their license which deals with property within the project boundary which I sent to all members last week. With all the regulations presented, and if you are interested I can forward a copy of the slides presented, it appears the best possibility to solve the problems is a boundary modification to declare anything above 757’ elevation as being surplus with respect to the project’s operation. This would remove the property above the 757’ elevation from the project boundary and eliminate FERC supervision of the property. GRDA would continue to own the property and theoretically open up the opportunity to either buy or lease the land from the authority without FERC involvement. This may be way too simple to ever get done, but we have submitted this approach as a recommendation.

 

In the for your information department, while discussing an encroachment issue on the Langley bluff, we learned that all conversations between compliance officers and lake patrol personnel are now being recorded. In short, they are wearing a wire. We had a disagreement over the case we were discussing and how it had come to the authority’s attention and what options had been presented to the property owner in question. They e-mailed me the tape of the meeting with the land owner following our Friday meeting.

 

On Saturday morning I listened to the entire tape in its entirety. Everything the authority said they had done in this case was documented on the tape. The land owner in question, by-the-way not a GLUE member, either had a short memory or misrepresented what had transpired to me. I have encouraged the authority to publicize the wire move in order to eliminate a lot of the he said/she said stuff which usually rears its head in any dispute. We’ll see, but consider yourself informed.

 

I came away from the meeting encouraged regarding the authority’s interest in resolving some of these issues. Currently only stiff arms and dock cables and their associated cable can legally occupy property within the project boundary. At a minimum we’d like to see this expanded to include supports for walkways and other structures like observation decks.

 

Habitable Structures Update.. I also learned last week that progress is being made on the development of regulations to cover these structures. They could possibly be ready for presentation to the board of directors in the next month or two. As promised, I submitted our recommendations of things we felt should be included in any regulations. I’ll paste those below for your review. Anybody ready for some warmer weather besides me?  Be safe out there.

 

Cheers from Grays Hollow

 

 

 

Mr. Davis:

 

It’s our understanding you are handling the task of developing rules and regulations for possible board approval pertaining to habitable structures. As you know, Grand Lakers United Enterprise supports these structures as a convenient and economical vehicle to enjoy what Grand Lake has to offer. However, we only support these structures if water quality, safety and other issues are addressed in the permitting process. I’m sure your well on your way with respect to this project, but we would like to see the following items included in any developed regulations:

 

            Management of both gray and black water through the utilization of an approved septic system, pump-out service or a system which burns waste products.

 

            The inclusion of the current state electrical and plumbing codes.

 

            Inspections throughout the construction phase to insure compliance with standards established for these structures.

 

            A license, with associated training, for those contractors designing and constructing these structures.

 

            An annual inspection as part of the permitting requirements.

 

            The establishment of an annual permit fee to offset any costs incurred by the GRDA staff.

 

Construction specification similar to what can be found in the covenants in residential developments which would define acceptable building materials, the requirement of encapsulated foam, minimum requirement on insulation factors and exterior appearance including roofing specifications.

 

The grandfathering of existing habitable structures based on permitting for such a structure and associated physical inspection.

 

 

We feel certain there are more, but these are the ones we feel should be considered at a minimum. If we can participate in any other way with the development of the possible habitable structure regulations please contact me at this e-mails address or by phone at 918-782-7710.

 

 

 

Rusty Fleming

Executive Director

Grand Lakers United Enterprise