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Taycheedah Sanitary District #3
Saturday, September 7 2013
TIME: 9:00 a.m.
LOCATION: at the Taycheedah Town Hall
Special Business Meeting

AGENDA

1. Call to order.
2. Discuss and take action to accept the opinion of the County Corporation Counsel and the Towns Association Attorney regarding the negation of special assessments against the property placed on auction by Fond du Lac County (In-rem #41-200), and to pursue a legal opinion from John St. Peter regarding:
a. The potential for any carry-over special assessment to a future owner desiring to develop the above mentioned property.
b. The potential for legal action against Fond du Lac County for action by the Fond du Lac County Finance Committee causing financial distress to TSD#3 in reference to In-rem property #41-200.
c. TSD#3's desire to change sanitary district ordinances removing maintenance liability for grinder pumps from the district and placing said maintenance liability/responsibility on the property owner where grinder pumps are located.
d. TSD#3's desire to change sanitary district ordinances removing the district's liability for cost to place future grinder pumps on private property.
3. Adjournment of the special meeting.


Brenda A. Schneider
Recording Secretary


MINUTES

TAYCHEEDAH SANITARY DISTRICT #3
SPECIAL COMMISSION MEETING
SEPTEMBER 7, 2013
9:00 A.M.
TAYCHEEDAH TOWN HALL


Members present: President Bill Gius; Commissioners John Rickert and Mike Sabel; and Recording Secretary Brenda Schneider.

1. Call to order. President Gius called the meeting to order at 9:04 a.m.
2. Discuss and take action to accept the opinion of the County Corporation Counsel and the Towns Association Attorney regarding their negation of special assessments against the property placed on auction by Fond d La County (In-rem #41-200), and to pursue a legal opinion from John St. Peter regarding:
a. The potential for any carry-over special assessment a future owner desiring to develop the above mentioned property.
b. The potential for legal action against Fond du Lac County for action by the Fond du Lac County Finance Committee causing financial distress to TSD#3 in reference to In-rem property #41-200.
c. TSD#3's desire to change sanitary district ordinances removing maintenance liability for grinder pumps from the district and placing said maintenance liability/responsibility on the property owner where grinder pumps are located.
d. TSD#3's desire to change sanitary district ordinances removing the district's liability for cost to place future grinder pumps on private property.

The legal opinion issued by the Fond du Lac Corporation Counsel, with concurrence by the Wisconsin Towns Association attorney, state that due the County's foreclosure on the property noted above, past and future special assessment installment payments are erased. It was noted that an attorney representing the District has not rendered an opinion.

Also at issue is the District's obligation for future service to the lot.

Additional discussion by the Commission included the responsibility of maintaining existing and future grinder pump systems and the possibility of changing the ordinance so as to transfer maintenance responsibility to the property owners.

Motion by Bill Gius, second by Mike Sabel, to pursue a legal opinion from Attorney John St Peter regarding the elimination of the special assessment against In-rem property #41-200 and regarding the costs associated to any future service obligation to the property, with a cap on the legal expense of no more than $500 and a deadline of 9/25/13 for said opinion. Motion carried (3-0).

Another concern is whether or not there are any additional vacant parcels along the existing main that have been levied a special assessment that will require a grinder pump system if and when a home is built on them and who will be responsible for the cost of constructing the system.

3. Adjournment of the special meeting. Motion by Mike Sabel, second by Bill Gius, to adjourn the meeting at 9:36 a.m. Motion carried (3-0).


Attest:___________________________________________
Brenda A. Schneider, District Recording Secretary




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Town of Taycheedah
Fond du Lac County, Wisconsin
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