BMLCommM19830913BIG MUSKEGO LAKE/BASS BAY PROTECTION AND REHABILITATION DISTRICT
BOARD OF COMMISSIONERS
MINUTES OF MEETING HELD SEPTEMBER 13, 1983
The meeting was called to order by Chairman Salentine at 7:37 P.M.
Also present were Commissioners Penovich, Colburn, DeAngelis,
Dumke, Gaetzke, Nilsson and Tomczyk, City Clerk Stewart and City
Attorney Molter.
Judge Nettesheim's decision dated August 25, 1983 to grant detach-
ment from the District of the Scott Krause property was acknowledged.
The Clerk read a letter from The O'Connor Law Office dated
August 26, 1983 recommending that the decision be appealed, and
that they would represent the Lake District on the appeal if the
Commissioners would pay the direct expenses and some of their fees.
Deputy Commissioner Chuck Harris advised that approximately $40.00
would be needed for filing fees, etc., and stated that the Deputy
Commissioners were in favor of appealing the decision.
Mr. Estel Ellery stated he felt the Krause's did derive benefits
from the lake and do have run-off into the lake, and according
to the Lake Management Law should remain in the District.
Mr. Larry Erickson reported that the Deputy Commissioners were
unanimously in favor of appealing the decision.
Commissioner Gaetzke moved that the decision to detach the Krause
property should be appealed. Seconded by Commissioner Tomczyk,
motion carried unanimously.
A request from John R. and Judith Kelly dated September 1, 1983
for detachment was read. Deputy Commissioner Harris felt that
any decision should be withheld until the Krause matter is re-
solved. Commissioner DeAngelis stated that Mr. Kelly feels he
derives no benefits from the lake and that he has no access. Mr.
Kelly stated that there is a drainage ditch through the property
which was installed by the State to provide drainage from the other
side of the road. Deputy Commissioner Harris felt that if there
is a potential for pollution, even without access, you are held
accountable and according to Chapter 33 should not be allowed to
detach from the district. Deputy Commissioner Erickson read some
guidelines from the Lake Management Law, and added he felt the
assessment rate should be pro -rated for those on the lake and those
on the fringes.
Commissioner DeAngelis moved to approve detachment of the John R.
and Judith Kelly property from the District. Commissioner
Penovich seconded the motion. The motion carried with Commissioners
Penovich, Colburn, DeAngelis and Gaetzke voting "yes" and
Commissioners Dumke, Nilsson and Tomczyk voting "no".
Commissioner Penovich nominated Commissioner DeAngelis to act
as secretary of the Board of Commissioners. Commissioner Nilsson
seconded the motion. Commissioner Tomczyk moved that nominations
be closed and DeAngelis elected by unanimous ballot. Seconded by
Nilsson, motion carried unanimously.
Commissioner Gaetzke moved to increase the maximum established
for legal fees in the Krause matter from $1,200 to $1,240, to
cover filing fees, etc. to appeal the detachment decision.
Seconded by Commissioner Tomczyk, motion carried unanimously.
�— Commissioner Nilsson moved to adjourn at 8:03 P.M. Seconded by
Commissioner Tomczyk, motion carried.
Respectfully submitted,
Charlotte L. Stewart
jm City Clerk