BMLCommM19830111BIG MUSKEGO LAKE/BASS BAY PROTECTION & REHABILITATION DISTRICT BOARD
OF COMMISSIONERS
MINUTES OF MEETING HELD JANUARY 11, 1983
Chairman Salentine called the meeting to order at 7:32 P.M. Also
present were Commissioners Dumke, Klenz, Colburn, Treba, Dumke, Nilsson
and Tomczyk, City Clerk Stewart.
Chairman Salentine advised the first order of business would be to
select a Secretary -Clerk for the lake district. Commissioner Dumke
nominated Blenda Treba. Commissioner Colburn moved to have nominations
be closed. Seconded by Commissioner Klenz. Motion carried. Bl.enda
Treba was selected as the Secretary -Clerk of the district.
The next order of business was to select a treasurer for the district.
Commissioner Colburn nominated Ed Dumke. Commissioner Dumke moved
that nominations be closed. Seconded by Commissioner Penovich. Ed
Dumke was selected as Treasurer for the Big Muskego Lake/Bass Bay
Lake District.
Discussion took place regarding insurance reimbursement to be paid
by the Big Muskego Lake/Bass Bay Lake District to the City of Muskego,
the amount being $50.00. In answer to a question from Deputy Commissioner
Estel Ellery as to why the district is paying insurance to protect the
city, Chairman Salentine advised that the policy is not to cover
personal actions, however, it is one of the city's umbrella policies.
Mr. Harry Udvare advised the city's insurance agent had advised this
policy is for liability protection for the Board of Commissioners if
there is any negligence on their part, and that this policy is in
addition to the city's existing policy. Commissioner Nilsson moved to
pay the city the reimbursement in the amount of $50.00 for insurance.
Seconded by Commissioner Colburn. Unanimously carried.
The matter of adopting the Open Records Law was discussed. Commissioner
Penovich moved to adopt the new Public Records Law. Seconded by
Commissioner Treba. Unanimously carried.
The approval of the Auditing Firm of Conley, McDonald, Sprague & Co.
was discussed. Chairman Salentine advised that in checking with
the above auditing firm he had been advised an amount probably not
exceeding $350.00 would b e charged by Conley, McDonald, Sprague &
Co. Commissioner Klenz moved to have Conley, McDonald, Sprague & Co.
audit the accounts of the Big Muskego Lake/Bass Bay Protection and
Rehabilitation District for 1982. Seconded by Commissioner Dumke.
Unanimously carried.
UNFINISHED BUSINESS
The detachment request from Scott and Delores Krause was reviewed.
Chairman Salentine read a communication from Judge Neal Nettesheim,
dated 12/23/82,directed to Mr. Krause, stating he would wait three weeks
for an indication from the District as to who their counsel. will be.
Deputy Commissioner Chairman, Estel Ellery, stressed to the Board
of Commissioners the importance of hiring an attorney for the Lake
District and felt there was no other recourse for the district to take
regarding the matter of the Krause detachment request. Deputy Commis-
sioner Chuck Harris also felt the hiring of an attorney for the district
was very crucial at this time. Mr. Leslie Proeber, Groveway Lane, Deputy
Commissioners Harris, Meinen and Martens all spoke in favor of the
district obtaining an attorney and all indicated they definitely felt
that Mr. Krause used the lake in that he holds a permit from the DNR
to draw water from the lake to sprinkle the golf course, the close
proximity of the lake to his proposed development of five houses
and that he definitely derived a benefit from the lake. Chairman Sal-
entine advised the Lake District had $2,057.00 in their account.
Mr. Ellery advised that in his discussions with representatives of
the DNR in Madison there was a strong possibility of obtaining an
attorney at no cost to the district and that in his contact with the
Wisconsin Lake Association there was a possibility of obtaining an
attorney at approximately $40.00 per hr.
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Big Muskego Lake/Bass Bay
Protection & Rehab. District
January 11, 1983 Page 2.
Commissioner Klenz moved to authorize the Deputy Commissioners to
locate and hire their own attorney, seconded by Commissioner Tomczyk.
It was requested by Chairman Salentine that it be noted in the
minutes of the meeting that the city would have the responsibility
of contacting Judge Neal Nettesheim, Circuit Court Branch 7, to
request a two week extension of time to engage the services of the
district's legal counsel.
Upon a roll call vote on the motion to authorize the Deputy Commis-
sioners to locate and hire their own attorney to contend the appeal
the motion carried unanimously.
Detachment request from Mr. and Mrs. Donald Schreiber, S86 W17937
Woods Rd.
Discussion took place during which Commissioner Harris stated he
felt the commissioners did not see fit to support the deputy commis-
sioners. Commissioner Ellery indicated that in the Zlensky and
Fleese cases, the deputy commissioners were not involved in the
decision to detach them from the district. Ile felt City Attorney
Molter did not have all of the facts and the deputy commissioners
had not seen the brief until the matter was over.
Mrs. Schreiber, S86 W17937 Woods Rd., stated there was a nursery,
corn fields and the sewer treatment ponds between their property
and the lake and that they had no use of the lake whatsoever.
Commissioner Klenz moved to authorize the Deputy Commissioners to
hire their own attorney to handle this matter. Seconded by Commis-
sioner Dumke., Commissioner Colburn felt he would like to have some
input as to why this case differs from some of the other requests
to detach from the district that had been granted detachment from the
district. He indicated he had voted in favor of detaching the
Schreiber previously because he felt they live no closer to the lake
than the Zlenskys. He felt the Schreibers do not benefit from the
lake, however, Scott Krause does have benefits. Commissioner
Klenz felt it is the commissioners duty to listen to the Deputy
Commissioners and they should have the right to an attorney. Mr.
Ellery reviewed once more as to how the boundaries of the district
were set up.
Upon a roll call vote on the motion to authorize the Deputy Commis-
sioners to hire their own attorney to handle this matter, Commissioners
Colburn and Treba voted "no". Commissioners Klenz, Dumke, Nilsson,
Penovich and Tomczyk voted "aye". The motion carried 5 - 2.
Adjournment - Commissioner Nilsson moved to adjourn, seconded by
Commissioner Treba. Motion carried. The meeting adjourned at
8:25 P.M.
Respectfully submitted,
Charlotte Stewart, City Clerk
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