Lake Emma dam offer to county is pulled; proposed repairs a ?dead project?

by Peter Jakey, Managing Editor

Attorney Douglas Nelson considers repairs to the Lake Emma dam to be a ?dead project,? after reviewing proposed assessments with the owner of the property where the dam is located. Nelson, who represents many of the landowners in the area, went before the Presque Isle County Board of Commissioners last month to bring them a proposal on behalf of Kenneth and Joseph Wilhelm. The dam is located on their property and is not easily accessible.

The Wilhelms have expressed an interest in conveying ownership of the dam to the county with a limited easement, allowing people on the property for inspections and maintenance on a permission basis only, but with the stipulation that any future assessments to be equal per landowner. The other condition was a right of reverter in the deed if future assessments are not applied equally.

IN A September 15 letter sent to the board, Nelson states he reviewed the proposed assessments with Ken Wilhem. ?It appears that the Class A lot owners will each be assessed $3,135 for dam repairs, while Ken Wilhelm, Tom Lanway and Acorn Lodge, LLC will be assessed $25,397.50, $26,107.50 and $10,995 respectively,? stated Nelson. ?This is so far out of skew that Mr. Wilhelm won?t even consider it.?

Nelson said, if the county is really interested in the dam site, the Wilhelms propose to sell it to them for $100,000, the letter states. Chairman Carl Altman would like the executive committee to meet with Nelson and drain commissioner Charles Lyon to possibly come up with another proposal. ?This letter indicates that this may be a waste of time,? said Altman at last Friday?s meeting.

?(Nelson?s) point, and I support that, is everybody enjoys that lake. We all use it equally, so why can?t we share the cost equally,? said Lanway, attending the meeting to see if there would be any discussion. ?Why do we have to have a convoluted formula.? Lanway believes there may be other options to be considered. ?I would like to be part of any negotiations, since I would be paying the lion?s share, if there are discussions,? said Lanway.

AS PART of the di

scussion, commissioner Bob Schell asked county prosecutor Rick Steiger for clarification on what the county?s responsibility would be if the dam is privately owned. Schell said, ?Mr. Wilhelm claims he owns that dam, it?s a privately owned dam. I?m not sure?whether our responsibility is only to see if the court established lake level is to be upheld or are we financially responsible to see that it is upheld. I would like a legal interpretation of where the county fits in on maintaining this dam.? Steiger told the board he?s done some research on the issue but wasn?t prepared to speak on it at Friday?s meeting.

?It?s an important economic project for the county,? said Lanway. ?In fact, if that dam were to go out, land values would go down. It is very important that we maintain that dam.? The Department of Environment Quality (DEQ) has deemed the dam to be in need of repairs or replacement. The original estimated cost to replace the dam was projected at $250,000, which had the majority of the 26 property owners concerned. It since has been lowered to $100,000 for the 5-foot wide structure.