Submitted for Approval Sept. 9, 2002

UTILITY DISTRICT COMMISSION

REGULAR MEETING

Municipal Complex - Assembly Room

Monday, August 26, 2002

MINUTES

I. CALL TO ORDER, PLEDGE OF ALLEGIANCE

President Arden Tews called the Regular Meeting of Utility District Commissioners to order at 4:45 p.m. and led the Pledge of Allegiance.

PRESENT: Arden Tews, President Barbara Hanson, Commissioner #1

Jerry Jurgensen, Commissioner #3 Brad Werner, Town Engineer

Russ Handevidt, Commissioner #4 Roger Clark, Town Attorney

Jeanne Krueger, Utility Dist. Secretary George Dearborn, Dir. Com. Dev., Int. Admin.

Myra Piergrossi, Dir. of Finance Steve Laabs, Wastewater Superintendent

Jeff Roth, Water Superintendent

ABSENT: Robert Sprague, Com. #2, Paula Pagel, U. D. Mgr/Dep.Treas.

II. MOTIONS BY COMMISSIONERS

MOTION: At 4:45 Supv. Hanson, second Supv. Jurgensen to convene into closed session pursuant 19.83(e) deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. Specifically, to discuss contracts with business.

19.85(1) (g) conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Specifically, to discuss utility service.

At 5:13 pursuant to 19.85(1)(i) considering any and all matters related to acts by businesses under s. 560.15 which, if discussed in public, could adversely affect the business, its employees or former employees. Specifically, to discuss negotiating with private business. Motion carried unanimously.

Chairman Arden Tews requested the Town Clerk to leave. Jeanne Krueger stated too many closed sessions have taken place whereas the Town Clerk was asked to leave and this position is elected by the townspeople of the T/Menasha to perform duties of minute-taking for closed sessions. She stated there may be times when she, herself would be involved within the topic of conversation however, when not, it is highly inappropriate to ask for dismissal and not be present for closed sessions.

Att’y. Roger Clark stated Chairman Tews had requested the Town Clerk’s dismissal however, gave his legal opinion stating this decision may not be his alone but must be agreed upon by the other board members. Supvs. Hanson and Jurgensen stated they would side with the Chairman for the Clerk’s dismissal. Supv. Russ Handevidt stated he would definitely not support this as the clerk was an elected official doing her duty as minute-taker for the closed session.

Supv. Handevidt stated that Comm. Dev. Director George Dearborn and Finance Director Myra Piergrossi should also be dismissed as Chairman Tews specifically stated “town board members only”.

Att’y. Clark stated he would take responsibility for taking the minutes and advised the Town Clerk to leave. The Clerk refused. Chairman Tews and Att’y. Clark then stated they would go to the Administrator’s conference room and hold the closed session and stated the Town Clerk may not attend.

MOTION: At 5:13 p.m., Supv. Hanson, second Supv. Handevidt to reconvene into open session to act on any business discussed in closed session. Motion carried unanimously.

III. PUBLIC DISCUSSION – Non-Agenized Utility District Related Matters

IV. DISCUSSION ITEMS

a) Survey Results – Extension of Utilities on W. Prospect Ave.

After reviewing the memo and survey report from Director Dearborn it was the board’s consensus to pursue the extension of sewer and water on W. Prospect Ave. (See attached).

V. OLD BUSINESS

VI. NEW BUSINESS

a) 020826-1:UD Expenditures

MOTION: Comm. Handevidt, second Comm. Hanson to adopt to approve the expenditures (with the exception of none) as submitted. Motion carried unanimously.

b) 020826-2:UD Construction for Ogden Plumbing

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

c) 020826-3:UD Amending 2002 Water Projects

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

VII. ORDINANCES

VIII. RESIGNATIONS / APPOINTMENTS

IX. APPROVAL OF MINUTES

a) Regular Utility Commission Meeting – August 12, 2002

b) Public Hearing – August 12, 2002 Special Assessments - Recap of Expenses

MOTION: Comm. Handevidt, second Comm. Jurgensen to accept the minutes as submitted. Motion carried unanimously.

X. CORRESPONDENCE

a) Water Pumpage Report – July 2002

MOTION: Comm. Handevidt, second Comm. Jurgensen to accept the correspondence for filing as submitted. Motion carried unanimously.

XI. REPORTS

a) Town Administrator

b) Engineer Brad Warner

c) Water Supt. Jeff Roth

d) Wastewater Supt. Steve Laabs

e) Commissioners

· Comm. Hanson

· Comm. Sprague

· Comm. Jurgensen 1) asked Dir. Dearborn if the survey had been sent to Belaire Rd. residents. Dir. Dearborn will check on this and report back.

· Comm. Handevidt

f) Comm. President Tews

g) Other Town Officials

Dir. Comm. Dev. George Dearborn 1) update on the boil order and requested Water Supt. Jeff Roth write the scenario in detail regarding this incident.

Town Engineer Brad Werner 1) reported on Lift Station #2 (Frances St.) for the 2003 budget. (See report).

Water Supt. Jeff Roth 1) update on the boil order weekly samples of which 25-30 were taken. State lab in Madison reported 2 came back with coliform bacteria. He felt the samples were taken at poor locations.

Wastewater Supt. Steve Laabs 1) stated the Vera Ave. lateral repairs should be completed by week’s end.

Finance Dir. Myra Piergrossi 1) reminded board members that the first budget hearing is set for Sept. 3 at 5:00; 2) HTE update; 3) requested one of the tax clerks for data entry duties. Board consensus was favorable.

XII. ANNOUNCEMENTS – Same as agenda.

XIII. FUTURE MEETINGS

XIV. ADJOURNMENT

At 5:48 p.m., MOTION: Comm. Handevidt, second Comm. Jurgensen to adjourn the Regular Meeting of the Utility District of Commissioners. Motion carried unanimously.

Respectfully submitted,

Jeanne Krueger

Utility District Secretary