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BMLComm Packet - 7/25/2017 CITY OF MUSKEGO BIG MUSKEGO LAKE BOARD OF COMMISSIONERS AGENDA BIG MUSKEGO LAKE/BASS BAY PROTECTION AND REHABILITATION DISTRICT SPECIAL MEETING July 25, 2017 6:55 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE VOUCHER APPROVAL UNFINISHED BUSINESS NEW BUSINESS 1. Board of Commissioners' Approval to Substitute a Class 2 Notice in Lieu of Sending Written Notice to Electors Residing within the District for the Annual Meeting and Budget Hearing 2. Discussion and Recommendation to Amend the By-Laws (Article III, Section 2) to Substitute a Class 2 Notice for the Annual Meeting and Eliminate the Mailing Notification for Electors Residing within the District COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. Page - 1 - BY-LAWS OF THE BIG MUSKEGO LAKE/BASS BAY PROTECTION AND REHABILITATION DISTRICT PREFACE In keeping with Resolution 180-78 of the Common Council of the City of Muskego that created the Big Muskego Lake/Bass Bay Protection and Rehabilitation District , the electors of the said Big Muskego Lake/Bass Bay Protection and Rehabilitation District do adopt these By-laws. The purpose of these By-laws is to define and regulate the activities of the lake District, its officers, and committees. These By-laws shall at all times be interpreted in a manner consistent with the laws of the State of Wisconsin and Chapter 33 of the Wisconsin Statutes under which the District was created and operates. ARTICLE 1 - ELECTORS OF THE DISTRICT Section 1 - Residents: Every resident of the District who is registered or eligible to vote in general elections shall be an eligible elector of the District. Section 2 - Non-Resident Property Owners: Every person whose name appears on the District assessment role prepared for purposes of real property taxation or who has provided proof of title to real property in the District, and who is a U.S. citizen 18 years of age or older, shall be an eligible elector of the District and may vote in accordance with Article II, Section 2. Any corporation, partnership, or association that owns real property in the District may appoint an official representative who shall be an eligible elector of the District. ARTICLE II - VOTING Section 1 - Multiple Voting: Any elector may cast only one vote on any question called to a vote. Section 2 - Non-Resident Multiple Owners: When more than one person owns a parcel of real property, the joint tenants or tenants -in-common shall select no more than two of the co-owners who shall represent them and each shall cast one vote. Section 3 - Casting Ballots: To participate in all votes, an elector must be present at the meeting at the time the vote is called. No elector may vote by proxy or absentee ballot or referendum. All votes shall be counted by a show of hands or paper ballot by demand, unless otherwise specified by Statute or these By-laws. Page - 2 - ARTICLE III - ANNUAL MEETING AND BUDGET HEARING Section 1 - Time and Place: The annual meeting and budget hearing of the District shall be held between May 22 and September 8 at a time and place selected by the District Board of Commissioners, hereinafter referred to as the Board, unless the date has been set by vote of the previous annual meeting. Section 2 - Notice: The annual meeting shall be preceded by written notice mailed at least 14 days in advance of the meeting to all electors within the district whose address is known or can be ascertained with reasonable diligence, to all owners of property within the district at the owner’s address as listed in the tax roll, and to the Department of Natural Resources. The District Board of Commissioners may substitute a class 2 notice, under Chapter 985 of the Wisconsin State Statutes, in lieu of sending written notice to electors residing in the district. The notice shall include all of the requirements contained within Section 33.30 (2m) of the Wisconsin State Statutes along with any amendments or revisions thereto. Section 3 - Annual Budget and Tax: At the annual meeting and budget hearing, the Board shall present a proposed budget and may vote by majority a tax for the coming calendar year. The budget shall separately identify any item that has a cost to the District in excess of $10,000. The electors of the District shall approve the budget and vote the tax as proposed or modify the budget and change the funding accordingly. The property tax levy of the District shall not exceed a rate of 2.5 mills of equalized valuation. The annual meeting may direct the Board to adopt and collect special charges or special assessments. Section 4 - Project Approval: The Board of Commissioners may approve or disapprove projects and enter into contracts accordingly, subject to availability of budgeted funds. Section 5 - Other Business: The annual meeting shall take up and consider such other business as comes before it. ARTICLE IV - POWERS OF THE DISTRICT Section 1 - General Powers of a Body Corporate: The District may sue and be sued, make contracts accept gifts, purchase, lease, devise and otherwise acquire, h old, maintain or dispose of real or personal property, disburse money, contract debt, and do such other acts as are necessary to carry out a program of lake protection and rehabilitation. Section 2 - Specific Lake Management Powers: The District may conduct studies, adopt a plan, and carry out implementation work including but not limited to aeration, nutrient diversion, nutrient removal or inactivation, erosion control, sediment manipulation, including dredging, bottom treatments, weed and algae control. Section 3 - Others: The District may undertake projects to enhance the recreational uses of a lake within its jurisdiction, including recreation boating facilities as defined under WI Stats.§30.92(1)(c) and agreement by the Common Council of the City of Page - 3 - Muskego. If authorized by an annual meeting of the District, the District may appropriate money for the conservation of natural resources or for payment to a bona fide nonprofit organization for the conservation of natural resources within the District o r beneficial to the District. ARTICLE V - DISTRICT BOARD OF COMMISSIONERS Section 1 - Composition: The affairs of the District shall be managed by the Board of Commissioners which shall consist of the governing body of the City of Muskego. Section 2 - Meeting Frequency and Open Meetings: The Board shall meet at least quarterly, and at other times on the call of the Chairman or the request of three of the commissioners. Meetings shall be open and proper notice given in accordance with legislation governing meeting of public bodies. Section 3 - Quorum: No action shall be taken unless a quorum is present. Four of the commissioners shall constitute a quorum. A lesser number may compel the attendance of absent members or may adjourn. The Chairman shall not be counted in determining whether a quorum is present at a meeting. The Board may, by a majority vote of those present, adjourn from time to time. Section 4 - Function: The Board shall conduct all business of the District not specifically reserved to the electors of the District, shall carry out the provisions of these By-laws and Chapter 33 of the Wisconsin Statutes, and shall carry out the mandates of the annual meeting and special meetings, if any. Section 5 - Officers: At the first Board meeting immediately following each annual meeting of the District, the Board shall elect a secretary and a treasurer, who are not required to be members of the Board. 1. The chairman, who shall be the Mayor of the City of Muskego, or in the Mayor’s absence the Acting Mayor, shall preside at the annual and special meetings, all meetings of the Board, and all public hearings held by the Board. In the event of a tie, the chairman shall be allowed to cast the tie breaking vote. 2. The secretary shall keep minutes of all meetings of the District and the Board and hearings held by it and shall annually provide the DNR with the names and addresses of commissioners, and shall annually notify the Department of Natural Resources (Lake Management Section, Bureau of Water Resou rces Management, DNR, Box 7921, Madison, WI 53707) of the continued existence of the District. 3. The treasurer shall receive and take charge of all monies of the District, and pay out the same only on order of the Board. The Board authorize s the treasurer, upon written approval of the chairman, to pay budget approved items which do not exceed $10,000. * *(Amended 8/28/2003 and 8/23/2016) Page - 4 - Section 6 - Compensation: The commissioners shall receive no remuneration for their service in office. Section 7 - Powers and Duties: The Board shall be responsible for: 1. Initiating and coordinating research and surveys for the purpose of gathering data on the lake, related shorelines, and the drainage basin. 2. Planning lake rehabilitation projects. 3. Contacting and attempting to secure the cooperation of units of general purpose government in the area for the purpose of enacting ordinances deemed necessary by the Board to further the objectives of the District. 4. Adopting and carrying out lake protection plans and obtaining a ny necessary permits therefor. 5. Maintaining liaison with those officials of State government involved in lake protection and rehabilitation. 6. Implementing the decisions of the electors at annual and special meetings. The Board shall have control over the fiscal matters of the District, subject to the powers and directives of the annual meeting. The Board shall annually, at the close of the fiscal year, cause an audit to be made of the financial transactions of the district, which shall be submitted to the annual meeting. A majority of the commissioners plus one must be present when a resolution is passed to commit the District to borrowing money or to using any other financing method prescribed by law. The Board may use special assessment or charges for the purpose of carrying out District protection and rehabilitation projects, or for other lake management activities undertaken by the District. Section 9 - Advisory Body: A Board of District Deputies shall be responsible for advising the Board of District Commissioners and shall perform activities for the benefit of the District as directed by the Board of District Commissioners. The Board of District Deputies shall consist of five (5) District members and shall be elected by the District members at the District annual meeting. The Deputy Commissioners shall receive no remuneration for their service in office, but a Deputy Commissioner shall be paid for actual and necessary expenses incurred while conducting the business of the District. ARTICLE VII - COMMITTEES Section 1 - Committees: The chairman may appoint committees as s/he deems necessary to further the interests of the District. Section 2 - Reporting: All committees shall report to the Chairman or the Board of Commissioners upon request at the annual meeting. Section 3 - Compensation; Committee members shall receive no remuneration for service to the District. With prior approval from the Board, committee members may Page - 5 - submit vouchers for actual and necessary expenses incurred while conduct ing the business of the District. ARTICLE VIII - MISCELLANEOUS PROVISIONS Section 1 - Special Meetings: Special meetings of the District may be held for the purpose of transacting any lawful business which might be done at the annual meeting except approval of the annual budget, amendment of by-laws, or dissolution of the District. Amendments to the annual budget may be considered. The meeting may be called by the Board or upon a written request to the secretary signed by at least 10% of the qualified electors of the District. The annual meeting notice requirements under Article III shall apply and the purpose of the meeting shall be stated. A matter voted upon at any special meeting may not be reconsidered at another special meeting prior to the next annual meeting. Section 2 - Conduct of Meetings: All meetings of the district shall be conducted according to Roberts Revised Rules of Order unless contrary to the requirements of these By-laws. The chairman, or a person appointed by him/her shall serve as parliamentarian. Section 3 - Adoption of By-Laws: These By-laws may be adopted at any legal annual meeting of the District providing the proposed adoption was included in the notice. Adoption shall require a two-thirds vote of the voting electors, as defined herein, present at the meeting. The By-laws shall become effect immediately upon passage. Section 4 - Amending By-Laws: By-law changes may be proposed by a majority of the commissioners or a majority vote of the previous annual meeting. These By-laws may be amended at any legal annual meeting of the District providing the proposed change was included in the notice. Amendments shall require a two -thirds vote of the electors present and voting at the meeting. APPROVED AND ADOPTED AT BIG MUSKEO LAKE/BASS BAY PROTECTION AND REHABILITATION ANNUAL MEETING HELD AUGUST 25, 1997 T:General Government/Boards and Committees/BML/BML-BY-LAWS.doc