2009-06-24 #1

LLPOA OK’s covenant against trusts

Legend Lake assn. OK’s covenant against trusts

KESHENA — Property owners around Legend Lake in Menominee County overwhelmingly approved a covenant Saturday that could put them in a federal court battle with the Menominee Indian Tribe.

The Legend Lake Property Owners Association at its annual meeting voted 610 to 50 in favor of a covenant restricting association properties from being taken off the tax rolls.

Specifically, the covenant is aimed at stopping the transfer of properties the tribe and tribal members purchase into federal trust, under which the property is not only non-taxable, but also not subject to association bylaws or state and county regulations.

“This is an illegal meeting and this is an illegal act,” said Menominee tribal member Frank Alegria, who joined 15 other tribal members outside the Legend Lake Lodge while the association conducted its business inside.

The meeting was open only to association members. The press was not allowed in, either.

The gathering outside was peaceful, after a confrontational start when several tribal members attempted to gain access to the meeting.

“We want to go in there, because this involves the welfare of the Menominee Nation and Menominee children,” one tribal member said as the group was turned away at the registration table.

After a few moments, they left without incident and two Menominee County sheriff’s deputies spent the remainder of the meeting posted outside the building entrance.

John Wenning, an association board member, said the association is concerned about a continued dwindling of the tax base and rising burden on taxpayers.

The Legend Lake subdivision is the primary tax base for Menominee County, which encompasses the Menominee Reservation. According to a 1998 study by the Wisconsin Legislative Audit Bureau, 94.4 percent of Menominee County’s tax base is located in the Legend Lake area.

According to the tribe, 815 out of 2,653 Legend Lake lots have been put into trust, leaving 1,838 Legend Lake properties still on the tax rolls.

“The association board could not ignore the continuing trend in Menominee County of a shrinking tax base,” Wenning said.

But for many tribal members, the covenant reopens old, and not entirely healed, wounds.

Legend Lake was created about 40 years ago during the Menominee’s termination as a federally recognized tribe. The Menominee Reservation became Menominee County and all tribal property was transferred to a corporation that entered into an agreement in the 1960s with a developer to sell 5,160 acres of Menominee land.

The Menominee tribe won back its recognized tribe status in 1973. But the Legend Lake subdivision still remains on what was once Menominee Tribal land.

“It should have been given back,” Alegria said.

He recalled the Menominee takeover of the Novitiate in 1975 and suggested something like it could happen again.

“This building might be next,” he said, referring to the lodge. “The Menominee are passionate. The Menominee are good people, but they can become violent when you step on them.”

Menominee County Sheriff Butch Summers downplayed what he said was an overreaction by a small group of people opposed to the covenant without necessarily understanding it.

“People need to do their research,” he said. “They need to look into things before they go flying off the handle.”

After venting their initial frustration, tribal members relaxed into waiting for Menominee Tribal Chairwoman Lisa Waukau, who had been invited to speak to association members.

Waukau was not allowed into the meeting until they reached that point on the agenda, and waited more than half an hour for her opportunity to speak on the tribe’s behalf.

The association brought out folding chairs for Waukau and other tribal members during the wait.

Waukau, who initially called the covenant “racially motivated” in a press release last week, brought a more conciliatory note to her comments to association members.