405 Wallace Street Combined Locks, WI 54113

GARNERS CREEK

405 Wallace Street TEL 920.788.7740 Combined Locks, WI 54113 FAX 920.788.7742

MINUTES OF REGULAR MONTHLY STORM WATER UTILITY BOARD MEETING Thursday, January 2, 2014 at 6:30 p.m.

1. Call Meeting to Order: Meeting was called to order by Brian Starszak at 6:30 p.m.

2. Pledge of Allegiance: Pledge recited.

3. Roll Call: President and 4 Commission Members Present: Brian Starszak, Mark McAndrews, Joe Sprangers, Beth Sewall, Chuck Kavanaugh. Absent was Ruth Wulgaert. Also in attendance were: Amy Vander Hyden, GC Administrative Assistant, Phil Kleman of McMahon, Jim Salm of the Village of Harrison, Dave Wagner of Ehlers, Judy Hebbe from Times Villager, Sean Huthison, Administrator for Combined Locks, Jamie VanDalen, resident of Combined Locks.

4. Review Minutes & Agenda. Consider Approval. Mark McAndrews made a motion to approve. The motion was seconded by Beth Sewall. Joe Sprangers stated the in the Roll Call, Jim Salm was listed incorrectly as Town of Harrison and it needed to be changed to Village of Harrison. The motion was passed unanimously.

5. Review Bills & Treasurers Report. Consider Approval. Beth Sewall made a motion to approve. The motion was seconded by Mark McAndrews and it passed unanimously.

6. Public Comment – Matters not on the Agenda. Jamie Van Dalen 512 & 580 Buchanan Road, Combined Locks He would like to know where he stands on his property project which he has been asking to have approved since 2008 or 2009. He states that the trees he planted years ago, are about to fall into the creek. Brian Starszak asked Mr. Van Dalen to wait until after the Commission approves the Stream Bank Erosion Policy, #12 on the Agenda. 7. Update on Bonds – Ehlers We should maintain a minimum of cash, called the Bond Reserve, which is required by our bond document, which is one year of principle and interest. We also should have about 6 months of revenues for things that may come up. This is called the Target Minimum Cash Balance. The Commission agreed to have the Resolutions drawn up for the next meeting. Dave Wagner is going to modify page 2 of tonight’s hand out to reflect more current numbers. He will email them to Amy Vander Hyden for presentation at the next meeting. Then the Commission can consider and approve repaying of the bond at the next meeting.

8. Update on letter from Attorney Chuck Koehler in response to N9652 Highline Rd schedule of charges At the December meeting, the Commission decided a letter should be written from the attorney and sent to Mike Allen stating that we will not be reimbursing because of our ordinance. Amy Vander Hyden notified the attorney Charles Koehler the day after the meeting. The letter that was mailed is attached.

9. Update on Resolutions for new Village of Harrison Commission Members The day after the last meeting, December 6, Amy Vander Hyden emailed the Resolution and the Amendment to the Agreement to each Town/Village. Along with an explanation that it needed to be added to the Agenda, passed, signed and then mailed back to me with the signatures. At this time, the forms have not been returned to the office. Amy Vander Hyden will follow up with each Town/Village.

10.Discuss & Consider reimbursement of citation from the DNR At the November meeting, we were told by the Attorney Chuck Koehler that he did not know how many citations would be issued but estimated that there would be 4 issued. The Commission agreed the Village of Combined Locks was just an innocent bystander as the land owner and should not have to be held accountable for the cost of the fine. The Commission agreed to split the cost of the citation 50/50 with McMahon. Now that time has passed and we were told we are in compliance, we know only 2 citations were issued; one to McMahon and one to the Village of Combined Locks. Phil Kleman is asking the Commission to reconsider the 50/50 split and reimburse the Village of Combined Locks 100%. Beth Sewall made a motion to approve. The motion was seconded by Joe Sprangers and it passed unanimously.

11.Consider & Approve invoice from Bowers for tree removal Bowers did quite a bit of the tree removal and sent out an invoice. Then Phil Kleman realized that one section was missed. He has asked them to go out and do additional work. The Commission decided to wait until all the work has been and we receive the second invoice before we pay Bowers. It will be added to the next agenda. 12.Consider & Approve Stream Bank Erosion Control Policy – Final Draft Phil Kleman explained that this is the Policy we have been discussing over the past several months. This Policy was created to help the Commission have a uniform assessment for the ranking of each project. Each February the Commission reviews the list of projects. Then based on rank and cost, selects which one or ones will be included in the following year’s construction contract. Then McMahon starts the permit process.

Jamie Van Dalen asked how long each project was on the list. Phil Kleman explained that the list is ranked based on priority as outlined in the criteria in the policy not based on when a project was added to the list. For example, a project that is associated with a sanitary sewer system will have a higher priority at the time it gets added to the list and bumps an earlier listed project down to a lower point on the list. Mr. Van Dalen asked if consideration is taken as to when the sewer line was installed? Did anyone think about this earlier, that all the buildings are being built and now we have a lot of problems with erosion? Beth Sewall explained that is the reason the Utility was formed 15 years ago. Mr. Van Dalen stated that he has been asking for 5 years (for help with the stream bank erosion on his property). He is very frustrated watching his hard work (of planting the trees) fall into the Creek. The Utility understands Mr. Van Dalen’s frustrations, but unfortunately our hands are tied. We can only repair what the DNR allows us to repair. Phil Kleman stated that this section of stream is a little more linear, not many meanders or bends. Mr. Van Dalen feels that it doesn’t need bends; the water is so very high that it is eroding. Up until about 10 years ago, the Creek never flowed year round, only when it rained. Now it flows constantly and more rain we get, the higher the creek gets. The more buildings being built, the higher the creek gets. Brian Starszak explained that this is why the Policy was created; so each project can have a ranking and be on a list for consideration. Mr. Van Dalen’s property is ranked at 22 and the highest ranked project is 36. The Utility needs to consider this ranking system. The reason we have the list is so we can see what is coming up in the future and keep working on the list. The ranking system keeps it fair to everybody. Mr. Van Dalen stated that he feels all that is happening is that he is donating his land and keeps paying taxes on the land that has already eroded away. At one time he was number 2 on the list and now he is number 7. Joe Sprangers asked if Phil Kleman remembers what the decision was based on. Phil Kleman stated the DNR felt there was not enough erosion in that section as compared to other sections of the Creek. The DNR feels that creeks are a natural, dynamic moving system. Creeks are meant to move and shift. Erosion occurs naturally with this. If trees fall into the water, that creates habitat and helps to slow down the speed of the water. Mark McAndrews stated that John Ruys has been on the list longer than Mr. Van Dalen. This is why the ranking list was created, to prioritize and be fair to all the people. Brian Starszak stated to remember that the projects are not always done in order of 1, 2, and 3. We also have to look at the cost of each project. Some years we can only complete 1 large project and in another year we can complete 3 small projects.

Brian Starszak asked for approval of the Policy. Beth Sewall made a motion to approve. The motion was seconded by Mark McAndrews and it passed unanimously. Brian Starszak thanked Mr. Van Dalen for coming to the meeting.

13. Consider cost share / partnership with Combined Locks for stream bank stabilization project at 627 Glenview Ave. Mark McAndrews stated that whether it is a home owner’s sewer system or the Village of Combined Locks’ sewer system; the stream is moving towards the pipe, the pipe is not moving towards the stream. The Utility was formed to take care of these problems. That is why we are here.

Phil Kleman said this is in regards to the project that we discussed last month. He prepared an updated cost estimate based on the plan that was put together. The estimate is $37,400. The Village of Combined Locks is looking for some sort of cost share for this project. Beth Sewall stated that she agrees with Mark McAndrews. That is why this Utility was formed and the Commission should approve the Utility paying for the whole project. The stream is what is eroding towards the sanitary sewer. That was the whole purpose of the Utility. It does not matter if it is somebody’s house or if it is the sanitary sewer. It should not matter what it is. It’s that it is. Brian Starszak stated the Darboy Sanitary has in the past fixed some of the banks and assumed the cost themselves, so they have set precedence that they are willing to do that. He is not opposed to helping, but there are also a lot of other projects; more projects than can be dealt with at one time. We need to come up with a percentage that the Utility would pay on this type of repair. This one, in particular, we have already done work and paid for that repair.

Brian Starszak asked for input from Sean Hutchison, Administrator of Combined Locks. Mr. Hutchison stated that the culvert was washed out on Park Street simply due to all of the improvement being done in the community. He can understand that we can debate that the sanitary sewer line, by today’s standards, is in close proximity to the stream. Communities are on their own for improving values and grow their community. Now the Combined Locks sewer utility customers are paying the full cost rather than it being shared by the communities. He feels if Combined Locks pays the full amount of this project, that the Utility is going away from the reason it was formed. This was not caused by lack of maintenance, but by growth and improvements upstream. All improvements have to drain and most of it goes towards the stream.

Mark McAndrews made a motion to approve this project and pay 100% of the cost. The motion was seconded by Beth Sewall.

Joe Sprangers feels we should not be totally funding the project, but instead cost sharing. There is some liability to the Village of Combined Locks as to where the lines were installed. Brian Starszak feels it should be cost shared because of how it was originally installed. He proposes a 75/25 split; 75 % Utility & 25% Combined Locks. If we work together, we can get more accomplished. Beth Sewall asked, would you say the same thing to a homeowner? Why did you build your houses there? When the sanitary sewer was installed, it was in the proper place for that time. Now, because the creek got bigger and bigger, the creek got closer and closer to the sewer line. Chuck Kavanaugh feels it should be a shared expense. In this day and age, you could not build the sewer line there. Beth Sewall stated that we would not install a new sanitary sewer line that close to the creek because we can now see what is happening. That is why the Utility was formed specifically for this purpose. The Village of Combined Locks is at the receiving end of all the water and it is gaining momentum as it comes down. Mark McAndrews would expect his $96 ERU assessment to be put to work wherever along the creek it is needed. That is why we collect the ERU’s every year; to provide a service. Chuck Kavanaugh states that it goes back to the DNR. If they would let us rip rap and fix it the right way, we would not be having these problems now. The permitting process takes so long, that by the time we can complete the project, there are 6 more projects that need to be fixed. Brian Starszak stated that Darboy has been maintaining their sewer lines at 100% percent. If they have been maintaining their lines, then why should Combined Locks be any different? Beth Sewall stated that it is caused by the water that the Utility is trying to retain or slow down. Combined Locks is a victim of circumstance. It is cause and effect; in the end that was the mission of the Utility. Brian Starszak stated we only have so much money to work with and we should get as much done as possible. If we work together, we can accomplish more.

The Commission was reminded that there was a motion on the floor. By a show of hands, the vote was 3 yes and 2 no. Motion carries.

14.Any other general business. None at this time.

15.Adjourn.

Ruth Wulgaert, Secretary