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BMLM19800908" 8 . ~ 8 1-8 BIG MUSKEGO LAKE - BASS BAY PROTECTION & REHABILITATION DISTRICT MINUTES OF ANNUAL MEETING HELD SEPTEMBER 8, 1980 LITTLE THEATER-MUSKEGO HIGH SCHOOL Chairman of the Board of Commissioners, Mayor Jerome J. Gottfried, called the meeting to order at 8:33 P.M. Mayor Gottfried intro- duced the members of the Board of Commissioners who were present, Wayne Sa1entine, Ed Dumke, Michael Weed, Thomas Van Lanen, Richard Knudsen, and Kenneth Steinberg. City Clerk Charlotte L. Stewart and Don Tills (DNR) were also present. Commissioner Wayne Radtke arrived at 8:45 P.M. Mayor Gottfried also introduced the Deputy Commissioners, A1 Meinen, Sr., Tony Tobin, Gilbert Heinrich, Craig Lawdanski and Estel Ellery. Mayor Gottfried reviewed the items on the agenda with the approximately 300 people present. He reported that the feasibility study will be completed in 1981 and should indicate what is wrong with the lake and what can realistically be done to improve the lake, and these recommendations will be made to the Commissioners, who will communicate them to the residents of the district. He also explained the law regarding qualified voters, and explained the formation of the citizens committee to study the boundaries, noting that the Commissioners had accepted their recommendations and the boundaries were adjusted. Ald. Sa1entine reported that the Council recently adopted a reso- lution approving Tax Increment Financing funds for the Big Lake feasibility study, and that the Sewer Committee is continuing to work on having the most effective treatment possible with the lagoons. Mr. Don Tills, DNR representative, reported that the City had made a committment to provide a public access. DNR has recommended a site on Bass Bay and the City is recommending the access be on Big Muskego Lake. Progress is being made in determining the site for the access, and he reported that funds should continue to be available for the feasibility study. Mr. Estel Ellery, Chairman of the Deputy Commissioners reported on the various meetings attended by the Deputy Commissioners during the year and their other activities. City Clerk Stewart read the minutes of the previous annual meeting held September 5, 1979. Mr. Stan Dombrowski, Jr. moved to approve the minutes. Elsie Elliott seconded the motion, and upon a voice vote the motion carried unanimously. Resolution #1-80 BML-BB - City Clerk Stewart read the resolution entitled, Urging Legislators to Amend State Laws in Order That Commissioners Can Be Elected. Mr. Craig Lawdanski moved for adoption. Mr. Estel Ellery seconded the motion, and upon a voice vote the motion carried unanimously. The Clerk will send a copy to the Governor, Sen. Adelman and Rep. Rutkowski. The following names were placed in nomination from the floor for the position of Deputy Commissioner for a one year term: Tony Tobin, Estel Ellery, Gilbert Heinrich, Craig Lawdanski, A1 Meinen, Sr. and Or1o Zlensky. Mrs. Unger moved that nominations be closed. Jan Dombrowski seconded the motion, and the motion carried. Ballots were distributed to residents in the district and voting took place by secret ballot. City Clerk Stewart, Ald. Sa1entine and Ald. Dumke counted the votes and the results were: Estel Ellery Tony Tobin Gilbert Heinrich A1 Meinen, Sr. Craig Lawdanski Or1o Zlensky - 149 votes - 148 - 148 - 144 - 142 - 33 The five persons receiving the most votes are to serve as Deputy Commissioners of the District. They are Estel Ellery, Tony Tobin, Gilbert Heinrich, A1 Meinen and Craig Lawdanski. Mayor Gottfried advised that there would be no budget or aseessment for 1981 because of the availability of TIF funds for the feasibility study. . , 8 . , 8 ..~ Page Two Big Muskego Lake - Bass Bay Protection & Rehabilitation District Annual Meeting Minutes - September 8, 1980 In response to a question from Jerry Loebel concerning damage suits, Mayor Gottfried stated that the City has taken the position that the District is not responsible for downstream pollution, and that in the unlikely event there would be a suit, it would be against the City. Mr. Ellery read a letter from Lloyd Human, Chairman of the Town of Norway indicating they would not look to the Big Lake District for the condition of Big Muskego Lake. Mr. Frank Switala questioned the time limit to obtain a public access, and Mayor Gottfried responded that the DNR can provide money for feasibility studies as long as the City recognizes the need for and has the desire for a public access, and that an acceptable access will be negotiated. Mayor Gottfried responded to a question from Donald Doherty regar- ding the pumping out of the algae in the area of Caesar's dam, stating that it probably would not be done again since the DNR does not necessarily approve of it. Mr. Orlo Zlensky expressed concerns regarding final payment to Aqua-Tech for the feasibility study if an access is not obtained by the end of the year and the DNR withheld 50% of the funds. Mayor Gottfried assured everyone that there would be an access, and that in the event DNR would withhold the funds, TIF funds could be used in the meantime. Mr. Orlo Zlensky moved to seconded the motion. Mr. dissolved the judge would bills so that in addition probably be added to that then cost everyone in the dissolve the district. Mike Flees Ellery stated that when a district is appoint an administrator to collect all to the $22,000 owed, another $8,000 could for administration, and that it could district $100.00 plus. Mr. Zlensky requested an audit report, and Mayor Gottfried advised him it was on file at City Hall and open to the public for inspection. A secret ballot was taken with intructions to vote "aye" to dissolve the district and "no" not to dissolve. It was determined that there were approximately 173 eligible voters present, and since a 2/3 majority vote would be required to dissolve the district, 116 "aye" votes would be necessary. The total votes cast were 176 with 39 "aye" votes, 136 "no" votes and 1 "abstain" vote. Therefore the motion was lost. Mayor Gottfried advised that a set of by-laws would be presented at the next annual meeting. In response to a question from Mr. Keith Johns, Groveway Lane, Mayor Gottfried stated that the lagoons could not be removed for at least several years, dependant upon the actions of the Metro Milwaukee Sewerage District, DNR, court actions, etc. He added that in the meantime the City would take whatever precautions are necessary, and that a report would be given to the district on the results of the studies currently being undertaken. On behalf of the Deputy Commissioners, Mr. Ellery thanked those present for the support given to them. ADJOURNMENT: Gary Stewart moved for adjournment. Seconded by Donald Doherty, the motion carried. The meeting adjourned at 10:07 P.M. Respectfully submitted, Charlotte L. Stewart City Clerk jm