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BMLM19910722BIG MUSKEGO LAKE/BASS BAY PROTECTION & REHABILITATION DISTRICT ANNUAL MEETING - JULY 22, 1991 The meeting was called to order at 7:03 P.M. by Mayor Salentine. Also present were Commissioners Hilt, Dumke, D. Sanders, H. Sanders, Simmons, and Taube and Deputy Commissioners Pilak, Proeber, Sorenson and Flancher. Commissioner Patterson was absent. The Recording Secretary read the minutes of the annual meeting held August 20, 1990. Deputy Commissioner Flancher moved to approve the minutes. Seconded by Craig Lawdanski. Deputy Commissioner Pilak moved to amend the minutes to correct page 3 to read Mike Secula nominated Bob Sorenson instead of Matt Secula and to delete the last sentence in paragraph 3 as follows as these were two separate items and not accurate: "The object will be to separate the carp into smaller groups and if the ice runs deep enough, the oxygen will be reduced, thus killing off some of the carp." Seconded by Commissioner Proeber, motion carried. The motion to adopt the minutes, as amended, passed unanimously. Mayor Salentine advised that Wind Lake and Little Muskego Lake have been notified that the sedimentation and erosion control grant in the amount of approximately $300,000. has been jointly awarded to Little Muskego Lake and Wind Lake. Big Muskego Lake cannot be ignored as what affects Big Muskego Lake, being in the chain, certainly affects Wind Lake, so there will be money available although we do not know what exact steps have to be implemented. This grant is for sedimentation control; paying farmers for waterways, putting people on staff to monitor erosion control practices and those type of expenditures. Kathy Aron stated that she was pleased that the committee that made the selection process felt that the Muskego/Wind Lake chain should be handled together since they were working together and the press release will say that the actual recipient of this Priority Lake Designation is Little Muskego Lake/Big Muskego Lake/Wind Lake (including Linnie Lac). A question was raised and it was clarified that Denoon Lake is not part of this chain. There is another grant application that is being applied for independently for Denoon Lake. Commissioner Dumke gave an update on the status of Schultz Lane Road Project. The road reconstruction started around the 1st of July. Curbs and gutters have been installed and gravel is being compacted. He was concerned with the deep ditch around curb at Tobianski's property. The blueprints do not show that any pipe is to be installed. Mr. Schultz stated that he was also concerned with the depth of the ditch in front of Tobianski's. Ald. Dumke stated that he has alerted Supt. Loughney and this item will be researched at the Public Works Committee meeting scheduled for this week Thursday (July 25th). Big Muskego Lake/Bass Bay Protection & Rehabilitation District - Annual Meeting Page 2 - July 22, 1991 Commissioner Dumke gave an update on the Emerald Park Landfill and stated that the agreement has been signed. At the present time the City is waiting for the DNR to react to the Contested Case Hearing. The City is no longer involved with the Contested Case Hearing, as the City was removed from involvement by the Emerald Park Landfill Negotiating Committee, but nine citizens and Waste Management are waiting to hear whether or not the DNR will issue a permit for the landfill. A decision is anticipated sometime in September. Commissioner Simmons gave an update on the Sewer Service Area for the Southeast Section of the City. The City Clerk has been directed to proceed with notification of public hearing for the amendment to the RCA District. Mayor Salentine added that the Finance Committee and the Public Utilities Committee are recommending that the Muskego Lakes area have a main interceptor run down to provide sewer service to that part of the City. A Council vote hasn't been taken but both of those committees, which are made up of different members, would have the five votes necessary to borrow the 2.3 million dollars. There is a financing plan in place to recapture it from the Developer if the sewer service does not expand off of that development which, of course, is not the intent. Mayor reminded people in the audience who may become part of the RCA District that this does not necessarily mean that they will receive sewer service. It would also provide the opportunity for Hi View Subdivision and Holz Drive to be baffled into that interceptor, but again it is a separate project that must be voted upon by the Council. Mayor Salentine explained that he had met with the DNR and the affected property owners involved to obtain title to land upon which the dam is located. Two property owners of one of the parcels are very interested in dedicating to the State and the other property owner would not agree and, at this point, the DNR's attitude is to leave it be and when the DAM needs upgrading, owners of land upon which dam is located will be notified of their liability to update the Dam. The City will not take the Dam until it has clear title. The DNR has stated that they will not initiate condemnation. Deputy Commissioner Pilak reported that the Muskego Police Department is patrolling the lake with wet bikes. Another concern is safety signs for boating on ice. Deputy Commissioner Pilak explained that he appeared before the Public Safety Committee on February 7, 1991, to request certain Bass Bay areas be posted in accordance with Chapter 20, Section 20.07, of the Municipal Code which prohibits operation of motor vehicles on the lake that are in excess of 750 pounds. The Public Safety Committee agreed to post the following areas: Sobek's Landing, Hunter's Nest, Black Duck Inn and the channel leading into Bass Bay. The City agreed to pay for expense of signage. In answer to a question as to regulations, it was noted that with any boat registration, the DNR sends a pamphlet listing all rules and regulations. Big Muskego Lake/Bass Bay Protection & Rehabilitation District - Annual Meeting Page 3 - July 22, 1991 Deputy Commissioner Pilak presented the following Budget for 1992 and indicated that as of July 1, 1991, the balance in the bank is $14,606.00 not including the following proposed Budget: Salaries (available for people attending meetings and Conventions) $ 150.00 Audit 265.00 Insurance (liability) 150.00 City Computer 175.00 Lake Association Memberships 350.00 Legal Fees 500.00 Postage (clerical and mailings) 500.00 Loan from City 1,055.49 Water Testing 3,000.00 Contingency Fund 4,389.51 $10,535.00 $35.00 Assessment x 301 Properties $10,535.00 It was clarified that if anyone does attend a meeting or convention and is reimbursed, it would be necessary that a report be submitted. Robert Klenz questioned that as long as the Deputy Commissioners were anticipating several mailings, would it be possible for the mailings to include boating rules and regulations. Deputy Commissioner Pilak responded that it was a good suggestion and felt that it could be implemented. Deputy Commissioner Proeber clarified that the Salaries Account is just for people who go out of town for conventions. Mr. Wayne Flancher moved to approve the 1992 Budget in the amount of $10,535.00 with a $35.00 Assessment for each parcel which includes payment to the City of the loan and interest in the amount of $1,055.49. Seconded by Deputy Commissioner Leslie Proeber, motion carried. It was clarified that the Public Safety Committee will take the responsibility for erecting the signs which address the weight limits. The motion to accept the 1992 Budget passed unanimously. Deputy Commissioner Pilak started a discussion on the Long Term Draw -Down and made note of the correction to the Agenda which listed it as a Short Term Drawn -Down. This item was discussed at the April 29, 1991, meeting when the DNR was present and a slide show presented. Deputy Pilak reported on the results of the draw -down on Lake Sinissippi. The results were very poor. Beaver Dam's results were also very poor. Deputy Commissioner Pilak advised that a letter has been received from the Wind Lake Management District requesting to withdraw Big Muskego Lake/Bass Bay Protection & Rehabilitation District - Annual Meeting Page 4 - July 22, 1991 their request for a longer term Draw -Down and thanking us for investigating other lakes and keeping them totally informed as to what was happening around the State. Kathy Aron of the Wind Lake District questioned whether the District is supportive of a fish kill. Deputy Commissioner Pilak responded that a short term draw -down would be a new issue which would be something that the DNR has to consider. When he checked with the DNR today, before the meeting, the DNR stated that they were not for the short term as their management program is set for long-term. They asked that a vote be taken and they be advised as soon as possible so that a program can be implemented to eradicate the carp. It was the Deputy Commissioners recommendation that a Long Term Draw -Down not be implemented. Commissioner Taube commented that the DNR is extremely conservative in their policy procedures and, at this point, they do not have enough data on short term draw -downs to be able to recommend it. Mr. George Brauer stated that he felt that the DNR should have been invited to this annual meeting. Deputy Commissioner Pilak stated the DNR is aware of the meeting and that if Mr. Brauer so wishes, he can extend an invitation to the DNR for all future meetings. Mr. Jeff Verburgt stated that he felt that the annual meeting is for the purpose of all District members to make decisions and he did not feel that guests should be invited. It was mentioned that the DNR was at the April meeting and that the ultimate decision is the District's not the DNR'S. Kathy Aron commented that the main question being asked by the Wind Lake Management District is whether or not the Big Muskego Lake/Bass Bay Protection & Rehabilitation District will support a fish kill. Deputy Commissioner Pilak moved to take a vote as to accepting or rejecting a Long Term Draw -Down. Seconded by Deputy Commissioner Proeber, motion carried. A hand vote reflected that a unanimous vote was cast for rejecting a Long Term Draw -Down. Deputy Commissioner Pilak will contact the DNR to advise of the vote and asked what would be involved to initiate a fish kill. ELECTION OF OFFICERS Jan Reinke nominated Jan Flancher Keith Johns nominated Leslie Proeber George Brauer nominated Leonard Pilak Jan Flancher nominated Dale Galten �- Rich Reinke nominated Bob Sorenson Big Muskego Lake/Bass Bay Protection & Rehabilitation District - Annual Meeting Page 5 - July 22, 1991 Robert Klenz moved that nominations be closed. Seconded by Deputy Commissioner Leonard Pilak, motion carried. Deputy Commissioner Pilak moved to accept the above nominees. Seconded by Tony Tobin, motion carried unanimously. The Deputy Commissioners for 1991-1992 are: Jan Flancher, Leslie Proeber, Leonard Pilak, Dale Galten and Bob Sorenson. Mayor Salentine indicated that at the next Deputy Commissioner's meeting a chairman will be selected. A question was raised whether the Big Muskego Dam could be lowered at the same time as the Little Muskego Lake Dam is lowered. Ione Klenz noted that this year they had incurred in excess of $1,000.00 in damage which she felt was due to Little Muskego Lake's dam being lowered before Big Muskego Lake's dam. Mayor Salentine will ask Supt. Loughney to check into the DNR regulations and Ald. Taube will check into the possibility of Little Muskgo Lake's dam being lowered earlier than October. DNR regulates amount of draw -down and time of draw -down. Kathy Aron asked that a vote be taken on the fish kill. Deputy Commissioner Proeber stressed that he felt the vote was premature and that the District should wait until the DNR gives us direction. Kathy Aron asked if a draw -down does not occur on Big Muskego Lake, would the District support a Fall (November) fish kill on the lake. Comments were made that there was no objection to a fish kill as long as the water table was not touched. After considerable discussion, Deputy Commissioner Proeber moved to support a fish kill that does not entail a draw -down. Seconded by Deputy Commissioner Pilak, motion carried. A question was asked who would pay for this fish kill. Kathy Aron stated that a percentage of this would be covered by grants. This would be a winter project before the ice is on the lake. Mayor Salentine read a section of the State Statutes, Section 33.30(3)(d) which states, "The annual meeting may also authorize the Board of Commissioners, during the succeeding year until the next annual meeting, to approve or disapprove projects having a cost to the District in excess of $5,000 and to enter into contracts accordingly". If the District would not choose to have an annual meeting and, instead, have the Deputy Commissioners do the research with the DNR and bring it back to the Commissioners, you could vote accordingly. Mr. Tony Tobin stated that he felt that if the people on Bass Bay and Big Muskego Lake would help, and the 600 ft. seining net used properly, that the carp could be kept under control. A question was raised as to whether this was an advisory motion and a clarification was made that the way the motion is presently stated, it is a firm vote, not advisory. Commissioner Simmons suggested that the District give the Commissioners the authority to act on their behalf to pursue the project.in favor and 13 opposed. Mr. Keith Johns moved to give the Deputy Commissioners and Commissioners the authority to act on their behalf to pursue the project. Seconded by Mr. George Brauer. Deputy Commissioner Jan Flancher questioned what exact things did the District want Big Muskego Lake/Bass Bay Protection & Rehabilitation District - Annual Meeting Page 6 - July 22, 1991 the Deputy Commissioners to address to the DNR. The items discussed were: 1. If there is a fish kill, where will they put dead fish, 2. Restocking, 3. Could Bass Bay be separated from the Big Muskego Lake fish kill? All agreed that the big issue is what to do about the carp! Upon a voice vote, the motion carried unanimously. Jeff Verburgt moved to adjourn the annual meeting at 8:40 P.M. Seconded by Mr. Wayne Flancher, motion carried. Respectfully submitted, kt �' ! CGoL✓ K. Marenda, CMC Clerk/Comptroller JKM/ca Prepared by Cathie Anderson. A tape recording of the complete proceedings of the above meeting is on file in the Clerk's office.