BMLCommM19820727BOARD OF COMMISSIONERS - BIG MUSKEGO LAKE PROTECTION AND REHABILITATION
DISTRICT
MINUTES OF MEETING HELD JULY 279 1982
The meeting was called to order at 6:50 P.Y. by Chairman Salentine. Also
present were Commissioners Colburn, Klenz, Nilsson, Penovich, Treba,Tomcz
and City Clerk Stewart. Commissioner Dumke was absent.
Chairman Salentine advised that it would be necessary for the Commissione
to respond to the court decision regarding the request of Orlo Zlensky
to be detached from the Big Muskego Lake/Bass Bay District.
Chairman of the Deputy Commissioners, Estel Ellery, requested permission
to speak. As there were no objections, Mr. Ellery indicated that he
disagreed with the decision of the court in that he felt that all
pertinent facts had not been included in the briefs submitted by the
Zlenskys and Attorney Molter. He state that Mr. Zlensky owns a parcel
of land in the SE} of Section 24 which is much closer to Big Yuskego
Lake than where his residence is located. He requested of the commis-
sioners that before they make a decision on this matter they should
consider filing an appeal with Judge 1lollenzien. He offered to appear
before the Judge so that he would have all of the facts in the matter.
Chairman Salentine advised that if the Commissioners are going to be
represented the district should consider hiring their own attorney.
Mr. Ellery stated he had discussed the matter with four of the five
deputy commissioners and all felt an appeal should be filed.
Mr. Orlo Zlenski stated he felt the Judge has all of the facts because
he had mailed them to him, including aerial photos of the location of
his property.
Chairman Salentine stated the commissioners have an appeal time of
45 days from the date of the decision which was July 8, 1982.
Considerable discussion took place regarding previous action taken by
the commissioners in the detachment of 109 property owners from the
district, how many of thgse property owners were contacted by the
Chairman of the Deputy Commissioners, the contents of the brief, the
decision rendered in the Flees detachment, the location of the public
access on the big lake, etc.
Commissioner Klenz moved to defer action on this matter to permit the
deputy commissioners to see if all information as been filed. Seconded
by Commissioner Nilsson. Upon a roll call vote on the motion to defer,
Commissioners Klenz, Nilsson, Tomczyk and Treba voted "aye". Commissione
Colburn and Penovich voted "no". The motion was deferred until the
annual meeting which will be 8/23/82 at 7:30 P.Y. in the city hall.
I/` Consideration of detachment request of Lee Zlensky -
Mr. Estel Ellery advised that when the 109 property owners were detached
from the district the deputy commissioners had made th recommendation
to the commissioners. He indicated the deputy commissioners do realize
there has been a change in the commissioners, however, at that time his
group were 100% in favor of the present boundaries.
Further discussion took place regarding the distance from the lake
property owners lived when they were detached from the district.
'- Commissioner Colburn indicated that he felt the commissioners could not
make a decision on this matter until the Orlo Zlensky matter was settles'.
City Attorney Molter again stated he felt the district should have their
own counsel and records should be kept of what is being done.
Ald. Colburn moved to honor the request from Lee Zlensky for detachment
from the Big Yuskego Lake/Bass Bay Protection ! Rehabilitation Distric
Seconded by Ald. Penovich. Upon roll call the motion carried with Com-
missioner Penovich voting "no".
The Clerk read the petition from Mr. Scott Krause requesting detachment
from the Big Muskego Lake/Bass Bay Protection & Rehabilitation District
In answer to Commissioner Klenz, Mr. Krause advised that his land
totals 412 acres. He advised that it was his understanding that when t
original resolution establishing the district was adopted that all
contiguous property would have one assessment ($20.00), however, he
was assessed three $20.00 assessments. He further indicated that just
prior to the 1981 annual meeting his home was removed from the district
-. He now felt he would be taxable but not representable. Considerable
discussion took place between the deputy commissioners, members of the
Board of Commissioners and persons in the audience as to whether or
not Mr. Krause actually receives any benefits from Big Muskego Lake,
whether or not his property touches the lake and whether or not he has
access to the lake for hunting, etc. Commissioner Klenz moved to deny
the request of Scott Krause to detach from the Big Muskego Lake/Bass Ba
Protection and Rehabilitation District because he does use the lake
and the close proximity of his land to the water. Seconded by Commissi
Nilsson. Following further discussion, Commissioner Klenz moved to cal
for the question. Seconded by Commissioner Nilsson. Motion carried.
Upon a roll call vote on the motion to deny Mr. Krause's request for
detachment from the Big Muskego Lake/Bass Bay Protection and Rehabilits
District, Commissioners Klenz, Colburn, Nilsson and Tomczyk voted "aye"
Commissioners Penovich and Treba voted "no". The motion to deny the
request carried.
Transfer of funds owed the City of Muskego
Commissioner Colburn moved that funds in the amount of S92-9.00 be
transferred from the Big Muskego Lake/Bass Bay Protection and
Rehabilitation District to the City of Muskego to pay the liability
that is owed the city. Seconded by Commissioner Penovich. Upon roll
call the motion carried unanimously.
Commissioner Colburn moved to set the annual meeting date for the
Big Lake District to be August 23, 1982 at 7:30 P.M. in the lower le,le
of city hall. Seconded by Ald. Tomczyk. Upon a voice vote the motion
carried.
�missioners Colburn and-Klenz expressed concern and urged the deputy
canommissioners to circulate the necessary petition that would relieve
the members of the governing body (aldermen) from their duties on the
Board of Commissioners of the Big Muskego Lake/Bass Bay Protection &
Rehabilitation District.
In answer to an undentified
of the report from the DNR,
_ contact Mr. Jim McNelly of
study.
gentleman in the audience as to the status
he was advised that Mayor Salentine is to
the DNR to get the results of the feasibili
Adjournment - Commissioner Tomczyk moved to adjourn. Seconded by
Commissioner Nilsson. Motion Carried. The meeting adjourned at
8:55 P.M.
Respectfully submitted,
i
Charlotte L. Stewart, City Clerk
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