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
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.
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.
MOTION: Comm. Sprague, second Comm. Jurgensen
to adopt the resolution and approve the expenditures as submitted with the
exception of (none). Motion carried
unanimously.
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.
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.
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.
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
Ř Commissioner Barczak - None
Ř Commissioner Sprague – None
Ř Commissioner Jurgensen – None
Ř 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
At 6:12 p.m., MOTION:
Comm. Sprague, second Comm. Jurgensen to adjourn. Motion carried unanimously.
Respectfully
submitted,
Jeanne Krueger