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Taycheedah Sanitary District No. 3
Wednesday, November 16 2005
TIME: 6:00 p.m.
LOCATION: at the Town Hall
Monthyly Meeting

AGENDA

Agenda
Call to order.
Pledge of Allegiance.
Approval of the minutes of the 10/18/05 and 11/9/05 meetings.

Unfinished Business:



Project status report.
1) Discuss the status of punchlist items (Kruczek Construction Inc.).
a. Provide final lift of bituminous pavement on Silica Road and restore shoulder.
b. Resolve Miller simplex grinder pump issue (N8670 Decorah Lane)-charges for District to be submitted.
c. Pay Fond du Lac County Highway Dept. for project portion of guardrail installation at Cty. QQ lift station.
d. Reimburse Town for damaged pavement on Ashberry Avenue.
e. Reimburse Town for the use of parking lot for field office.
f. Furnish affidavit of wage rate compliance.
g. Settle issue for crop damage to Dick Bertram (W3847 Silica Road-settlement in writing).
h. Pavement settlement at manhole on Silica Rd, west of Lakeview Rd.
i. Landscape restoration back-slope on ditch at N8552 Cty. QQ.
j. Pavement settlement of lateral trench at hill on Silica Rd.
k. Blasting claims with Barbarossa Blasting-N8298 and N8237 Edgewood Lane.
l. Vacant lot (behind N8296 Sunset Drive) on Edgewood Lane needs restoration with the approach.
m. N8456 Cty. QQ-need fill in ditch by mail box.
2) Consideration and possible action regarding Kruczek’s project completion requirements.
3) Discuss grinder pump issues.
4) Consideration and possible action regarding shrubs removed in the easement area of the Butler grinder pump.
5) Discuss any other outstanding restoration issues.

New Business:
1) Consideration and possible recommendation to the Taycheedah Town Board regarding the detachment petition received from property owners in the McCabe Road/Fine View Road area.
2) Consideration and possible approval of revisions to the ordinance regarding sewer extensions, new connections and the applicable assessments.
3) Consideration and possible action to establish the tax levy for 2005 to be collected in 2006.
4) Consideration and possible action to adjust the user charge.
5) Schedule a meeting to review and discuss the conceptual plan of the proposed development of 40 acres abutting Lakeview Road.
6) Discuss treatment plant capacity issues.
7) Consideration and possible action regarding Bud Sabel’s request to refund the special assessment placed on agriculturally zoned lands.
8) Consideration and possible action regarding a refund of a portion of the user charge requested by Nett Construction.
9) Discuss compiling a newsletter.
10) Approval of bills.

Public comments and questions pertaining to District business.

Adjournment.


Brenda A. Schneider
Recording Secretary


MINUTES


The St. Peter Sanitary District Commission met on Wednesday, November 16th, 2005, at 6:00 p.m., at the Taycheedah Town Hall, for the purpose of conducting the November monthly meeting. Members present were President Bill Gius, Commissioners Mike Freund and John Rickert (tardy) and Recording Secretary Brenda Schneider. Also present were Attorney Gary Sharpe, Dennis Steigenberger of Foth & Van Dyke, Kathy Diederich of Schenck Business Solutions and Bud Sabel, Maintenance Personnel. The meeting was tape recorded.
Call to order. President Gius called the meeting to order at 6:22 p.m.
Pledge of Allegiance.
Approval of minutes. Bill Gius motioned to approve the minutes of the October 18th and November 9th meetings as presented. Mike Freund could not second the motion to approve the minutes of the November 9th meeting due to his absence at the meeting. Bill Gius motioned to approve the minutes of the October 19th meeting, seconded by Mike Freund. Motion carried (2-0-1 absent).

Unfinished Business

Project status report.
1. Discuss the status of punchlist items (Kruczek Construction, Inc.). The punchlist for Contract A-02 was as follows:
a. Provide final lift of bituminous pavement on Silica Road and restore shoulder. The District has had no further contact from Kruczek. The asphalt work has not been completed.
b. Resolve Miller simplex grinder pump issue (N8670 Decorah Lane)-charges for District to be submitted. Bud installed a new circuit board. The system has not had any problems since the circuit board replacement.
c. Pay Fond du Lac County Highway Dept. for project portion of guardrail installation at Cty. QQ lift station. The County has met with the neighboring property owners. The County has arrived at an agreement with the owners to install shrubs along the guardrail. The County expects the District to cost-share in the purchase and installation of the shrubs.
The bid from Kruczek stated a specific cost for the District’s portion of the guardrail which was included the total cost of the lift station. The District’s position has been that Kruczek needs to pay the District the equivalent amount for the District’s portion of the guardrail. The District will then reimburse the County.
Kruczek’s sub-contractor had ordered the materials. Kruczek claimed that his sub-contractor was stopped by the County when they went to erect the guardrail. Kruczek also claimed he received a $1,600.00 back-charge from the sub-contractor. Kruczek believes the back-charge meets their obligation for the guardrail. Foth has reviewed the project daily logs. The log indicates the sub-contractor left the job due to lack of proper materials.
No further response has been received.
d. Reimburse Town for damaged pavement on Ashberry Avenue. The Town re-submitted the bill to Kruczek. The Town has not received payment.
e. Reimburse Town for the use of parking lot for field office. The Town re-submitted the bill to Kruczek. The Town has not received payment.
f. Furnish affidavit of wage rate compliance. Kruczek has not submitted the affidavit.
g. Settle issue for crop damage to Dick Bertram (W3847 Silica Road-settlement in writing. Mr. Bertram has yet to re-submit a bill for damages.
h. Pavement settlement at manhole on Silica Rd, west of Lakeview Rd. In the interest of public safety, the Town instructed Northeast Asphalt to make the necessary repair. The Town will invoice Kruczek for the repair work.
i. Landscape restoration back-slope on ditch at N8552 Cty. QQ. Bud Sabel obtained a quote of $876.00 from Mark Mand Excavating to create a functional ditch. Research done by Bud Sabel indicates that the ditch has always been low in the back and drivable. The current owner had the site graded with large equipment that may have reduced what little berm existed. Foth has reviewed the pre-construction videos due to tall grasses. They were unable to see a distinct ditch. Bud will speak to the owners.
j. Pavement settlement of lateral trench at hill on Silica Rd. See Item (h).
November 16th, 2005 St. Peter Sanitary District 2.
Monthly Meeting

k. Blasting claims with Barbarossa Blasting-N8298 and N8237 Edgewood Lane. Barbarossa’s insurance carrier contacted the District for information regarding the claims. Kruczek stated previously that they will contact the homeowners. No additional information was provided regarding this issue.
l. Vacant lot (behind N8296 Sunset Drive) on Edgewood Lane needs restoration with the approach.. Bud Sabel performed a site visit. The owner is willing to do the work but asks that the District provide 1.5 yards of dirt. Bud has delivered the dirt. Kruczek will be invoiced.
m. N8456 Cty. QQ-need fill in ditch by mail box. Bud Sabel performed site visit. The work was completed by the owner. The owner asks for 1 yard of dirt to fill several small settled areas. Bud has delivered the dirt. Kruczek will be invoiced.
2. Consideration and possible action regarding Kruczek’s project completion requirements. Attorney Sharpe referred to Kruczek’s demand for arbitration; however, the contract requires mediation. Attorney Sharpe will respond accordingly.
Foth submitted a letter to Kruczek regarding the need to repair three lateral trench crossings on Decorah Lane. The Town had Northeast Asphalt contracted for road repair. In the interest of public safety, Northeast Asphalt was directed by the Town to repair the trench crossings. The letter informs Kruczek that the work has been completed and that the Town expects reimbursement.
3. Discuss grinder pump issues. Bud Sabel reported that there are no new problems.
4. Consideration and possible action regarding shrubs removed in the easement area of the Butler grinder pump. The area was natural underbrush prior to construction. The Commission consensus was to leave the area as natural as possible. Small brush growth exists. No further action was taken by the Commission.
5. Discuss any other outstanding restoration issues. The issue with the Rosenthal corner stakes appears to be resolved. The contractor was responsible to dispose of excess fill. A great deal of fill was delivered to the lot by the sewer contractor at no cost to the owner. The sewer along Rosenthal Court was built in the middle of the road. Mr. Rosenthal agreed that it was unlikely that the stakes were removed during the sewer installation due to the proximity of the sewer to the stakes at the right-of-way lines of the property.

New Business
1. Consideration and possible recommendation to the Taycheedah Town Board regarding the detachment petition received from property owners in the McCabe Road/Fine View Road area. Twelve property owners in the McCabe Road/Fine View Road area have filed a detachment petition with the Town Board. The main issue appears to be the District-wide mil tax. It was noted that areas currently not served by sanitary sewer will reap the benefits of planning for future use. The District’s professional staff is in the process of evaluating the cost of the project applicable to the unsewered area.
Attorney Sharpe advised the Commission to recommend opposition of the detachment to the Town Board. He cited the following technical reasons for his opinion: case law has established that not receiving service does not constitute non-benefit, the proposed detachment is not at an outer edge of the District, and the basis for the formation of the District still exist, for example, water contamination concerns and high bedrock. Attorney Sharpe contends there is no legal basis for the Town Board to approve the detachment petition. Commissioner Rickert arrived. Several of the petitioners disagreed with Attorney Sharpe stating the following reasons: they believe they are at the end of a line, they believe they may never get sewer service and they believe precedence has been established.
The Town Board will conduct a public hearing to consider the detachment on December 7th. The Commission hopes to have the evaluation of the costs by the December 21st meeting.
Bill Gius moved to recommend the Town Board deny the detachment petition for withdrawal based upon further Commission action to respond to the petitioners, seconded by John Rickert. Motion carried (3-0).
2. Consideration and possible approval of revisions to the ordinance regarding sewer extensions, new connections and the applicable assessments. The amendments to the ordinance reflect the changes needed due to the re-evaluation of the special assessment schedule. Bill Gius motioned to adopt the Resolution Amending the Ordinance, seconded by John Rickert. Motion carried (2-0-1 abstention). Mike Freund abstained.
3. Consideration and possible action to establish the tax levy for 2005 to be collected in 2006. Bill Gius motioned to establish the 2005-2006 mil tax at $1.425 per $1,000.00 based upon the District’s financial analysis, seconded by John Rickert. Motion carried (2-1). Mike Freund voted nay.

November 16th, 2005 St. Peter Sanitary District 3.
Monthly Meeting

4. Consideration and possible action to adjust the user charge. Bill Gius motioned to table the adjustment of the user charge for further review, seconded by Mike Freund. Motion carried (3-0).
5. Schedule a meeting to review and discuss the conceptual plan of the proposed development of 40 acres abutting Lakeview Road. The date of the meeting is to be determined pending further notification from the developer.
6. Discuss treatment plant capacity. In 1999, the Town of Taycheedah purchased treatment plant capacity on behalf of Johnsburg Sanitary District and Taycheedah Sanitary District No. 3. Johnsburg and TSD#3 has since purchased some of the capacity from the Town. The Town continues to retain the additional capacity. Taycheedah Sanitary District #3 currently owns plant capacity for 700 residential units. Also in 1999, Taycheedah Sanitary District No. 1 sold back to the City of Fond du Lac what they deemed to be excess capacity.
Recently, Taycheedah Sanitary District No. 1 contacted Town Chairman Jerry Guelig to request the Town sell to TSD#1 the additional capacity owned by the Town. The Commission’s recollection was that the additional capacity was intended for future extensions of Taycheedah Sanitary District #3. The Town Board will investigate the possibility of having TSD#1 purchase capacity from the City of Fond du Lac. The District will monitor the issue.
7. Consideration and possible action regarding Bud Sabel’s request to refund the special assessment placed on agriculturally zoned lands. Attorney Sharpe has reviewed the correspondence received from Bud Sabel. The correspondence includes a memo from Wisconsin Legislative Council Senior Staff Attorney Mark C. Patronsky. The memo refers to Wis. Stats. 281.45 and 91.15. Wis. Stats. 281.45 addresses the District’s authority to force sewer connection of structures and Wis. Stats. 91.15 refers to the District’s inability to levy assessments on land zoned for exclusive agricultural use. Attorney Sharpe also referenced Wis. Stats. 66.0721(3), which authorizes the District to levy an assessment on farmland that contains a structure. Attorney Sharpe does not see a conflict of the statutes because the District is authorized to force connections of a structure and the assessment for the structure does not violate Farmland Preservation. Bill Gius moved to table the issue until further information is provided by Bud, seconded by John Rickert. Motion carried (3-0).
8. Consideration and possible action regarding a refund of a portion of the user charge requested by Nett Construction. The user charge was made according to the ordinance. The Commission has no control over the use of the system after connection is made. It was noted that the issue was addressed twice in the past. Bill Gius motioned to again deny the request, seconded by John Rickert. Motion carried (3-0).
9. Discuss compiling a newsletter. A newsletter will be discussed at a future meeting.
10. Approval of bills. Bill Gius moved to approve the bills as presented (order nos. 140-152), seconded by John Rickert. Motion carried (3-0).
11. Bill Gius made the following motion:
• authorize the transfer of $21,300.00 from the G.O. Account to the regular checking account,
• authorize the transfer of $807.38 from the Operations/Inspections Account to the regular checking account for the Inspectors’ payroll,
• authorize the transfer of $3,181.27 from the User Charge Account to the Debt Service Account,
• authorize the transfer of $121.61 from the User Charge Account to the Reserve for Replacement Account,
• authorize the wire transfer of $247,250.00 from the Debt Service Account for the General Obligation Note payment.
The motion was seconded by Mike Freund carried (3-0).
12. Public Comment. The Commission heard public comment regarding the detachment petition and the prudent business decision to levy a tax for 2005.
13. Adjournment. Bill Gius motioned to adjourn at 8:57 p.m., seconded by John Rickert. Motion carried (3-0).



Attest:_____________________________________________
Brenda A. Schneider
District Recording Secretary




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