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BMLM19850828BIG MUSKEGO LAKE/BASS BAY PROTECTION & REHABILITATION DISTRICT MINUTES OF THE ANNUAL MEETING HELD AUGUST 28, 1985 The meeting was called to order at 7:40 P.M. by Chairman Wayne Salentine. Also present were Lake District Commissioners Ralph Tomczyk, Frank DeAngelis, Daniel Hilt, Edwin Dumke, David Taube, Deputy Commissioners Brent Martins, Leslie Proeber, Tony Tobin, Larry Erickson and Frank Switala. Lake District Commissioners Mitchel Penovich and Richard Nilsson were absent. Commissioner Dumke left at 9:30 P.M. Chairman Salentine requested the Secretary read the minutes of the Annual Meeting held August 29, 1984. Mr. Ian McNutt moved to accept the minutes. Seconded by Deputy Commissioner Proeber, motion carried. Commissioner Taube moved to approve payment of vouchers in the amount of $447.70 ($136.54 to City of Muskego, $265.00 Conley, McDonald, Sprague & Co. and $46.16 SEWRPC). Seconded by Commissioner Dumke, motion carried. Mr. Mark Anderson, Wildlife Manager from the State of Wisconsin Department of Natural Resources, explained the status of the dam replacement and the possibility of a draw down. He stated that engineers from the DNR had inspected the dam and the rough cost estimate for replacement of a large chunk of the dam and repair of the remainder would run around $40,000. That bill will be picked up by •the Department of Administration with the condition that a unit of government, whether it be the City of Muskego or the Lake District, is willing to accept operation of the dam after it is put in a good state of repair. There will be a manually operated gate installed probably in the middle of the dam. It would take over one summer to construct the dam. A two year possible draw down was recommended in the Inland Lake Renewal report. Mr. Anderson felt that a one year program would be more receptive to property owners. It would start at the end of the duck season discharging water into the Channel to Wind Lake, leaving it dry the following summer and putting the water back the following August or September. Deputy Commissioner Switala questioned what, if any, cost would be assessable to the District itself. Mr. Anderson explained that there would be no cost of the dam replacement as long as some government body (either the City or the Lake District) would take over maintenance of it after it is repaired. He also stated that the DNR's attorney has stated that if the dam reaches a poor state of repair and becomes even a slight hazard and no government body is interested in accepting ownership, that a fixed sill dam would be put in at a level approximately one -tenth of a foot below the present one because the dam at some time will have to be replaced. The DNR engineers feel that parts of the dam need to be repaired. Big Muskego Lake/Bass Bay Protection & Rehabilitation District IV August 28, 1985 - Page 2 Mr. Andersen stated it is not necessary to draw the lake down to repair the dam, but felt that drawing down at the same time the dam is being repaired offers a lot of benefits to the lake. He feels the draw down would provide tremendous potential to the wildlife of the lake and looks of the lake. He did admit that it would increase weeds on the lake. Mayor Salentine questioned who makes the ultimate decision on drawn down and what procedures are followed to get to that decision. Mr. Andersen stated that it is a decision by consensus requiring a reasonable degree of consensus of the Lake District, from other parties involved with the lake in one way or another and have a definite interest in the lake and also the people on Wind Lake which have to be considered. This means that for a draw down of this size, an environmental impact assessment, if not a statement, would have to be written. If the Lake District would then approve it, the Inpact Assessment would go out for a review period for 45 days during which there would be at least one, if not two or more, public hearings to gather testimony and they would be more officials meetings. Mayor Salentine asked what procedure we have to follow to have the dam repaired. Mr. Andersen stated that the DNR wwould have to confer with the State what the engineers judge is the correct way to repair the dam. If that is acceptable to either the City of the Lake District, they provide a written resolution to that effect and the dam will proceed. Commissioner Tomczyk moved to take a vote as to who is in favor of the draw down. Seconded by Commissioner Dumke, the motion was defeated with 21 in favor and 22 opposed. Maintenance of the dam would then be the responsibility of the city. Mayor Salentine asked for a show of hands as to who felt we should have a dam that continues in state ownership. There were none in favor. Mayor Salentine stated that the City would have to take a hard look at costs that we will incur with future repairs with this dam, as once it is our dam we can not look to the state for funding. Deputy Commissioner Switala spoke on the possibility of establishing a public access on Big Muskego Lake or Bass Bay. The reason for establishing a public access is that the DNR reported that future fish management will not be possibile if an adequate public access is not provided. He stated that they are looking for approval from the Lake District to start negotiations with various land owners for developing a District- owned or public City -owned public access allowing access by off -shore residents of the District as well as the general public. The funding would be through assessment and applyin� through the DNR for any funding available. It would be the district s responsibility for developing. This would be done in steps. He asked that the Lake District allow the Commissioners and the Deputy Commissioners to pursue developing a suitable access site for the Big Muskego/Bass Bay area at both the District's expense and the DNR's. Big Muskego Lake/Bass Bay Protection & Rehabilitation District is August 28, 1985 - Page 3 Dale Balton moved to deny the Commissioners and Deputy Commissioners the right to continue with their request to explore a lake access. Seconded by Ian McNutt. The motion carried with 19 in favor and 16 oppossed. Mayor Salentine gave an update of the Sewer abandonment project. Bay Lane sewers are in and operating. Kurtze Lane sewers are in and operating. Connections are being made at the present time along Woods Road to the interceptor. The City of Muskego has been given a one year extension in their abandonment time which was to be December 31, 1985 and is now extended to December 31, 1986 to complete abandonment. At the present time the City is in the process of preparing specs and to bid out the project to abandon two lagoons. Mayor Salentine gave a brief report on the proposed development of the Muskego Lake Country Club project. The City has been supportive of this request and will appear before the DNR to discuss an amended sewer area. The 1984 Audit was reviewed. Chairman Salentine reviewed the audit and updated the Commissioners on the financial status of the Lake District. The current balance is $1,614.30 after payment of the aforementioned vouchers. •The Commissioners discussed adoption of a 1986 Budget. Commissioner Proeber proposed that properties be assessed $20.00 with an operating budget of $1,000.00. Deputy Switala moved to approve a $203.00 assessment to provide additional funds for the Lake District to have for emergency purposes. Seconded by Deputy Commissioner Erickson. At this point Mayor Salentine explained that the City's insurance representative has notified us that the City very possibly may not be able to obtain insurance with riders. The City's insurance rates are expected to triple. Robert Klenz moved to amend the assessment to $10.00 with an operating budget of $1,000.00. Seconded by Mr. Repischak. The motion to amend the assessment to $10.00 with a $1,000.00 budget was approved with 10 in favor and 7 opposed. A vote was then taken on the amended movement. The motion carried with 11 in favor and one opposed. ELECTION OF DEPUTY COMMISSIONERS Frank Switala moved to nominate Bob Klenz. Seconded by Leslie Proeber. Mr. Klenz declined the nomination. Frank Switala moved to nominate Tom Repischek. Seconded by Leslie Proeber. Mr. Repischek declined the nomination. Frank Switala moved to nominate Tony Tobin. Seconded by Leslie Proeber. Big Muskego Lake/Bass Bay Protection & Rehabilitation District August 28, 1985 - Page 4 Tony Tobin moved to nominate Frank Switala, seconded by Larry Erickson. Brent Martins moved to nominate Larry Erickson. Seconded by Frank Switala, motion carried. Larry Erickson moved to nominate Leslie Proeber. Seconded by Frank Switala, motion carried. Frank Switala moved to re -nominate Bob Klenz. Seconded by Larry Erickson, motion carried. Tony Tobin, Frank Switala, Larry Erickson, Leslie Proeber and Bob Klenz were unanimously elected Deputy Commissioners. Deputy Commissioner Leslie Proeber informed the Committee of a State Lake meeting to be held some time in November. If anyone is interested, please contact him. Commissioner Tomczyk moved for adjournment at 10:20 P.M. Seconded by Deputy Commissioner Switala, motion carried. Respectfully submitted, Charlotte L. Stewart City Clerk ca