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July 6, 2010 Storm Water Utility District Minutes
TOWN OF NEENAH
STORM WATER UTILITY DISTRICT MEETING
July 6, 2010, 9 AM
Municipal Building
1600 Breezewood Lane
In attendance – Jan DeKeyser, Glenn Winkler, Bob Schmeichel, Dave Dexter, and Geoff Hibner
Also in attendance – Tim Michels, Dave Melum, Bob Bingen, and Nick VandeHey
The meeting was called to order at 9:00 am by Chairman Schmeichel.
1. Minutes - Supervisor DeKeyser moved to approve the minutes of June 3. Supervisor Winkler seconded. The minutes were approved: 5/0.
2. Discussion/Action:
a. Storm Water Appeal – Michels Materials discussion
• Mr. Michels opened with an introduction of Michels operation in the Town of Neenah.
• Mr. Bingen recapped the history since the adoption of the Storm Water Utility Charge in December of 2008.
• Mr. Michels discussed the rationale for the appeal.
• Mr. Melum discussed what other municipalities are doing and offered a proposed solution. A refund is being requested for fees paid in 2009 and that which is due (unpaid) in 2010.
• Chairman Schmeichel asked how the ERU calculation was derived….He noted that 80% credit of the original ERU calculation is 393 not 325. Mr. Mellum stated that the 325 is the impervious surface versus the Carl Sutter’s 393 is an 80% credit of the whole quarry which Michels believes is pervious or internally drained.
• Mr. Michels noted that the offer is for a “limited time” due to the urgency of getting the taxes paid by July 31.
• Mr. Melum noted that the way the Town is applying the fee is very different than other municipalities in the state. No other municipality in the state is including quarries. It is not fair, reasonable nor consistent with the rest of the state.
Supervisor Dexter moved to enter into closed session pursuant to Wis. Stat. 19.85(1)(e) and (g) to discuss the pending Michels Materials Note of Claim challenging the Town’s storm water ordinance because both competitive bargaining and potential litigation require a closed session. Supervisor Winkler seconded. The motion passed 5/0 and the meeting was closed at 10:07 am.
(Discussion re Michels Claim)
Supervisor Dexter moved to return to open session. Supervisor Winkler seconded. The motion passed 5/0 and the meeting was opened at 11:15 am.
Supervisor Hibner moved to inform Michels that they may consider their property tax bill paid in full for 2009, for administrative purposes. The clerk will work with the county today on the logistics. The SWUD will contact the property owner to set up a meeting regarding overpayment of previous charges within the next two weeks. The SWUD will determine the charge based on the correct ERUs of non-internally drained areas associated with quarries. Those ERUs will be charged at the current rate without credit unless the property owner can produce engineering calculations showing pollutant reduction. This is consistent with requirements for all other SWUD properties. Supervisor Winkler seconded. The motion carried: 4/1. Supervisor DeKeyser dissented.
Mr. Michels asked to caucus with his group. Upon return he stated they would accepted the plan.
b. Storm Water Appeal – Gehrpuck Land Company
Supervisor Dexter moved that we send this property owner a letter that states… in order to consider this appeal the SWUD must receive from you documentation prepared by a registered professional engineer indicating that this property has improved water quality in accordance with current DNR guidelines and SWUD requirements. The documentation provided will be reviewed by the SWUD engineering consultants. Supervisor DeKeyser seconded. The motion passed: 5/0
This letter will become the standard response for appeals filed with the clerk when the circumstances are similar.
c. Develop 3-Year Plan – Nick offered to prepare a draft of a three year plan. Geoff suggested that we not develop a 3 year plan but rather a “fix the problem” plan. The next meeting will be a workshop July 15 at 1:00 pm. We will also discuss the final ERU calculation for Michels.
d. 2011 Storm Water Utility Charge – will be discussed at the next SWUD meeting.
3. Old Business - none
4. New Business - none
5. Adjourn – Supervisor Dexter moved for adjournment. Supervisor Winkler seconded. The meeting adjourned at 12:15 pm: 5/0
Robin Coburn, Clerk/Treasurer
July 7, 2010
Approved: July 15, 2010
Archive:
September 7, 2010 Park Board Meeting Agenda
August 9, 2010 Town Board Meeting Minutes
August 4, 2010 Storm Water Utility District Minutes
July 26, 2010 Town Board Meeting Minutes
July 12, 2010 Town Board Meeting Minutes
July 6, 2010 Storm Water Utility District Minutes
June 28, 2010 Town Board Meeting Minutes
June 14, 2010 Town Board Meeting Minutes
June 3, 2010 Special Town Board Meeting Minutes
June 3, 2010 Stormwater Utility District Minutes