Submitted to Utility District for Approval July 23, 2001

 

REGULAR MEETING OF THE

TOWN OF MENASHA UTILITY DISTRICT

Municipal Complex - Assembly Room

Monday, June 25, 2001

 

MINUTES

 

I.   CALL TO ORDER, PLEDGE OF ALLEGIANCE AND ROLL CALL

President Arden Tews called the Regular Meeting of Utility District Commissioners to order at 5:00 p.m. and led the Pledge of Allegiance.

 

PRESENT:

Arden Tews, President                                                Barbara Barczak, Commissioner #1     

Jerry Jurgensen, Commissioner #3                           Bob Sprague, Commissioner #2

Russ Handevidt, Commissioner #4                            Brad Werner, Town Engineer   

Patrick DeGrave, Administrator                                  Paula Pagel, U.D. Mgr./Dep. Treas.

Myra Piergrossi, Dir. of Finance                                 George Dearborn, Dir. of Com. Dev.

Jeff Roth, Utility District Water Supt.                         Roger Clark, Town Attorney

Steve Laabs, Util. Dist. Wastewater Supt.                 Carl Sutter, Town Engineer

Keith Kiesow, Fire Chief                                              Richard Eiberger, Town Assessor

Jeanne Krueger, U.D. Sec’y. (Excused @. 5:30)          Karen Tweedie, Deputy Clerk

 

ALSO PRESENT:      Cheryl Hentz, Fox Cities Newspprs

                                    Chris Pufahl                            Art Treccani

                                    Jackie Treccani                      Sam Duginski                       Jean Duginski

                                    Donna Zarling                         Roger Zarling                       Bob Luscher

                                    Lois Luscher                           Judy Duessing                     Ed Duessing

                                    David Schwartzbauer            Byron Ross                          Jim Pettis

                                    Lori Pettis                               Lorraine Carman                 Ed Manske

                                    Robert McBrian                      Dianne Adams                      Jeff Ziolkowski

                                    Stuart Hackbarth                    Bobbie Hackbarth               Paul Beuther

           
II.         PUBLIC DISCUSSION-NON-AGENDIZED UTILITY DISTRICT RELATED MATTERS
Residents Sam and Jean Duginski, 1239 Manitowoc Rd., complained of several sewer back- ups they have experienced and believe the pumping station is inadequate. They also inquired about the time schedule for the Brighton Beach lift station.

 

Wastewater Supt. Steve Laabs stated he had just received a contract that informed him of a start date of August and a completion time of December and further stated there would be three new pumps, generator, and repair to the air release valves.

 

 

III.                DISCUSSION ITEMS

A.                 MANDATORY HOOK-UP FOR IRISH ROAD, JACOBSEN ROAD AND O’HAUSER PARK AREA RESIDENTS

 

Town Attorney Roger Clark led the discussion.  Attorney Clark informed the group that he had extensively researched documents concerning the deferred assessment procedures of the former Sanitary District #4.  Attorney Clark stated that there were no agreements between the Commission and residents that they would never have to make connections.  Attorney Clark did find instances where statements had been made by officials that connection to the Sanitary District was optional and “by choice”.  However, these statements did not serve as legal binding agreements.  He also pointed out that circumstances changed when the Sanitary District was dissolved and the Utility District created.  Although the Sanitary District Commission had chosen to defer the assessments until connection and not require attachment to the sanitary district, it is more practical and customary for public works projects to be funded by levying special assessments.  Attorney Clark informed the group that he had been working with the Town Administrator concerning this matter and a fair and equitable compromise would be presented.

 

Supervisor Handevidt added that there was another issue that had not been discussed concerning the 1% per year interest charge.  This was documented in the Assessment Resolution dated 10/27/92.  It was the consensus of the Board that this item was being waived.

 

Resident Paul Beuther, 1470 Jacobsen Road, alluded to a signed resolution dated June 1993.  He stated that this document, in his opinion, was a legal agreement by the former Commission presented at a Public Hearing stating that the assessments would be deferred until connection to Sanitary District #4 and that connection would take place “ by choice”. 

 

Supervisor Handevidt responded to Mr. Beuther by stating that their property had been brought into the district when the Utility was formed.  Further, he had himself been forced to connect to the sanitary district years earlier when the bridge across Little Lake Butte des Morts was built.  He and his neighbors felt the same way but were forced to deal with it. Supervisor Handevidt explained that it was not appropriate for existing district customers to pay for these deferred assessments.  He also felt that Administrator DeGrave has a very fair and equitable compromise to present to the residents faced with this mandatory hook-up.

 

Administrator DeGrave outlined the proposed compromise that had been worked out with Attorney Clark as follows:

·        Deferred Assessments become active beginning with 2001 tax bill

·        Ten yearly installments  with a 6% interest rate

·        Inclusion to the Utility Tax District beginning with the year 2001 tax bill

·        Quarterly billings for Public Fire Protection

·        Connection requirement waived to 5 years,  except  upon private water or sanitary sewer system failure

·        Certification of safe existing private water and sanitary sewer systems due now and at three year intervals

·        Subdivisions and/or sale of property shall be cause for immediate connection to the public system

·        Recording the agreement with the Register of Deeds for notice to owners and subsequent owners

 

Attorney Clark would prepare a resolution for the Commission to adopt at the next regular meeting to be held on July 9, 2001.

 

Supervisor Sprague was not agreeable to the five year connection requirement.  He felt that due to the financial hardship, it would be better to have the mandatory hook-up at ten years after the installments for assessments were paid off and allow time for the residents to prepare for the connection costs.

 

Resident Lois Luscher was opposed to the three-year certification of wells and sanitary sewer systems.  It was her feeling that when there was a problem they would know it and make a connection to the public system.  Administrator DeGrave felt this certification is necessary to ensure that a failing system does not exist in the district and as a precaution against contamination of adjacent and surrounding wells.

 

Resident Ed Duessing stated he felt that any mandatory hook-up was being forced because of benefit to the Foxmoor Development and Kimberly Clark.  Mr. Duessing felt he should not be forced to hook up at all and that the three-year certification was harassment because current utility district residents have a five-year re-testing schedule in place to maintain their wells.

 

President Tews directed the Town Administrator and Attorney to prepare a resolution for the July 9, 2001 Utility District meeting that adjusted the mandatory hook-up to ten years instead of five and five year intervals for certification of safe wells and sewer systems.  Commissioner Barczak wanted confirmation that the resolution would include mandatory immediate hook-up if the well or sanitary sewer system was failing.  This was also the consensus of the Commission.

 

IV.       OLD BUSINESS

 

V.                 NEW BUSINESS

 

A.        010625-1:UD Expenditures

MOTION: Comm. Sprague, second Comm. Jurgensen to adopt the resolution and approve the expenditures as submitted with the exception of (none).  Motion carried unanimously.

 

B.                010625-2:UD Authority to Negotiate Sewer Extension and Connection to Town of Grand Chute/Greenville Sewer Interceptor

MOTION:  Comm. Sprague, second Comm. Jurgensen to adopt the resolution to approve the agreement with Town of Grand Chute and Greenville to connect the sewer interceptor, as submitted.  Motion carried with Comm. Handevidt voting NAY.

 

C.              010625-3:UD To Authorize Forgiveness of Sewer Line Installation and Assessment of Laterals

MOTION: Comm. Sprague, second Comm. Jurgensen to adopt to approve the resolution authorizing forgiveness of sewer line installation and assessment of laterals, as submitted. Motion carried unanimously.

 

VI.       ORDINANCES

 

VII.      RESIGNATIONS/ APPOINTMENTS

 

VIII.           APPROVAL OF MINUTES
A.     Regular Utility District Meeting – June 11, 2001

MOTION: Comm. Handevidt, second Comm. Jurgensen to adopt the resolution and approve the minutes as submitted. Motion carried unanimously, with Comm. Sprague abstaining due to his absence at the June 11th meeting.

 
IX.               CORRESPONDENCE

A.     Water Billing Summary – May 2001

B.    Sewer Billing Summary – May 2001

MOTION: Comm. Sprague, second Comm. Jurgensen to adopt the resolution and approve the correspondence as submitted.  Motion carried unanimously.

 

X.                 REPORTS

A.     Town Administrator – None

B.     Engineer –  None

C.  Water Superintendent – Jeff Roth mentioned the closing of Shady Ln. due to sewer installation.

D.  Wastewater Superintendent – Steve Laabs said they are finishing the lift station.

E.     Commissioners

Ø      Commissioner Barczak - None

Ø      Commissioner Sprague – None

Ø      Commissioner Jurgensen – None

Ø      Commissioner Handevidt  expressed appreciation all those who worked June 11th during the storm and on-going cleanup.

F.  Commission President - None

G.    Other Town Officials - None

XI.       MOTIONS BY COMMISSIONERS
 
XII.      ANNOUNCEMENTS – Same as agenda.
 
XIII.     ADJOURNMENT

At 6:12 p.m., MOTION: Comm. Sprague, second Comm. Jurgensen to adjourn.  Motion carried unanimously.

 

Respectfully submitted,

 

 

 

Jeanne Krueger

Utility District Secretary