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August 16, 2007 Special Board Meeting
Maine Minutes
August 16, 2007
Special Board of Supervisors Meeting
Maine Town Hall
6111 N. 44th Avenue
Wausau, WI 54401
Thursday, August 16, 2007
Special Board Meeting
The Town of Maine Board of Supervisors met at the Village of Brokaw Village Hall at 6:00 p.m. on Thursday, August 16, 2007 for a Special Meeting.
Village President Jeff Weisenberger explained that the Town of Maine Board of Supervisors had been invited to attend a meeting to discuss the easements for their proposed water main to the City of Wausau.
Foth and Van Dyke engineer explained the funding for the proposed line. The Village has $331,000.00 promised from the State Safe Drinking Water block grant program. The Village has applied for a $675,000.00 from Rural Development and the rest of the funding will come from the Village. The Village needs to finalize their contract with Wausau in order to obtain the Rural Development loan. Part of the contract process is to receive permission from the Town of Maine for the easement for that line to run in the Town road right of way.
Attorney Frokjer explained that on April 11, 2007 the Town of Maine Board had attended a meeting with Wausau and Brokaw on the proposed water line contract. In February 2007 the Town had requested several items to be included in that contract. At the April 11, 2007 meeting the Town stated it needed a final contract and design plan to approve the easement. He asked if the Village had a finalized it’s contract with City of Wausau. He said the position of the Town was to make sure that before final permission is given to Brokaw the Town wants to see the final contract and final design plan. In August 2006 the Village sent a letter asking permission for the easement. At the September 2006 Town Board meeting the supervisors approved a letter requesting two things, the design plan and the final contract.
Engineer stated that the Village has to secure all easements and all permits before the Rural Development funding can be finalized
Attorney Frokjer explained that Section 60.52 of the Town chapters in the Statutes states that sewer and water systems of adjoining municipalities must get the approval of the Town Board. Recent case law indicates that the court reaffirms that the legislatures recognize the Town’s interest and the Town right to view the impact on the Town and its residents. If the Town doesn’t know what’s going on with the terms of the contract and the final design how can they give final approval?
Engineer explained that due to route changes along Lower Circle the Village only needs an easement for 32nd Avenue. Chair Hoenisch asked if the Lower Circle owners had given permission for the water / sewer line easements.
Joe Gehin, Wausau’s Director of Public Works was present and explained that they have verbal permission from Lower Circle property owners to allow the water / sewer lines to run thru their backyards. Star Environment has done the DNR study because of wetland issues in that area.
Attorney Frokjer explained that on March 6, 2007 the Town had sent a letter listing four terms that they would like included in the contract. We would like feedback on those terms one at a time.
Village President Weisenberger stated that with the new design there would not be very much road area disturbed. The engineer explained that most of the line would be buried in the ditch area. Attorney Frokjer asked if there was any area that the roads would be opened up. He stated that only at asphalt road or asphalt driving crossings. The openings would be at Emery Drive, 32nd Avenue, Falcon Drive and Fleet Drive.
Supervisor Schult stated that the Town has been trying for some time to get Brokaw to pave one-half of 32nd Avenue which is need of repair. Why not go down the right lane of 32nd Avenue and then replace the asphalt?
Chair Hoenisch explained that there is a resident on the corner of 32nd Avenue and Falcon Drive that is afraid he is going to lose his old maple trees if they are disturbed to put the line in.
President Weisenberger explained that in term one of the March letter the Town asked Brokaw to replace the entire road that they disturb it and Brokaw is trying to avoid that expense.
Chair Hoenisch stated that reconstruction of the road is a small gift that the Town is asking for in exchange for allowing Brokaw to use the Town roads.
President Weisenberger said that their taxpayers do not want to fund the road reconstruction.
Chair Hoenisch explained that the Town’s 32nd Avenue residents have been asking to have their road redone. She said that the Town had a LRIP grant in 2004 and 2005 to do their half of 32nd Avenue and Falcon Drive but Brokaw could not participate so the Town had to ask to substitute that grant for another road. She said that it was hind sight but the former Town Board should have gotten money escrowed when Brokaw developed that sub division so those roads could be redone.
Village Attorney Hawkins stated we need to discuss terms two, three and four regarding annexation. The Village is not interested in an annexation moratorium, or prohibiting involuntary annexation or extending the tax revenues for an additional five years. The contract between the Village and City would not allow for the moratorium on annexation.
Attorney Frokjer stated that when all you want is your water that is one thing. When you get your water and your contract starts dividing the Town up and your contract will not prohibit involuntary annexation then there is more going on here than just getting you water. If all you need is water you can get your water with the terms the Town is requesting. You want more than water when you say that you will not even put involuntary annexation in your contract, then conduct speaks louder than words. If all you want is water and the City is providing that water then the contract should reflect that. There is more to this contract that greatly impacts the Town. This contract has provisions for dividing the Town and you will not even agree to not take someone that does not want to be annexed to the City or Village. That’s a lot more than getting water. This whole contract has a lot more than just getting you water or this wouldn’t be a problem. Actions are everything. Actions by the Board. Actions as to who’s responsible for the contamination are the responsibility of the Board. It is twelve years ago that the well was contaminated. Seven years after the well was contaminated some property was taken from the Town of Maine. The Town has never taken and cannot take any land from the City or Village. Twelve years since you’ve known about the contamination. How much action has the Village Board taken against the mill so that the expense is not passed unto to the taxpayers.
President Weisenberger said that they have tried to negotiate but they never get any further. Attorney Frokjer said that Brokaw has rights beyond negotiating because you have a cause of action because the mill is responsible for the contamination. The documentation is there and it is a lay down case . Brokaw needs to say to the mill that you are responsible for this and have them remedy this at the mill’s expense instead of being a taxpayer expense and the remedy affecting the Town.
Chair Hoenisch stated that when two municipalities are working together it cannot be one sided. There has to be some give or take. The Town is asking for some comfort level here. We are asking for four things and you do not want to give us anything. Where is our fifty percent of this deal? President Weisenberger stated that the Village is paying the cost of the water line the Town is not paying anything.
Supervisor Shore stated that they should pay cost because it is their water. Why did you build the sub division if you knew you did not have enough water and a polluted well? Brokaw’s water problem is not the Town of Maine’s fault.
Chair Hoenisch said that you cannot get your taxpayers to fund a road for the Town, but you expect us to tell our taxpayers that we agreed to give Brokaw an easement, allowed them to plow thru our township, will not get anything out of the project and we even allowed you the ability to take Town land. How would we justify this to the residents? We have to be accountable to our people, too.
Attorney Frokjer asked what steps beyond voluntary cooperation has Brokaw taken to make the mill responsible for the contaminated well. Beyond negotiating has the Village ever taken one step to make the mill responsible? The general taxpayer shouldn’t be responsible or a solution taken that immensely effects the Town of Maine. Everyone is being affected and the mill is the one that benefited from the sludge pit. They are the ones that contaminated Brokaw’s well. Has the Village ever file suit against the mill? President Weisenberger stated that he was not running the show at that time. He cannot correct the past. Chair Hoenisch stated he was the President for two years going on three years. What has he done?
Foth and Van Dyke engineer explained that the discussion is for the mill to pay the cost of drilling a new well. The Village’s current water treatment plant cannot meet the current standards so instead of drilling a new well and building a new water treatment plant the mill’s contribution will go toward the cost of the new water main.
Attorney Frokjer stated that at an earlier meeting the Town was told that the cost to build a new treatment plant and drill a new well was the same as going to Wausau for water. The engineer agreed. Attorney Frokjer said that going to the City for water is the Village giving up its independence. In a letter the mill acknowledges responsibility for the well contamination. Nothing has been done except what they volunteer to do in negotiations, but rather what they should do based on state law. President Weisenberger stated that the mill will replace the well, nothing else.
Chair Hoenisch said if the mill would replace the well and then Village could use the grant money to build the treatment plant. President Weisenberger stated that they do not have enough room for a new treatment plant.
Charles Blarek explained that there is a well site problem. What if the new well becomes polluted in five years and has to be shut down and then Brokaw will need to go to Wausau anyway. It only makes common sense to go to Wausau now.
President Weisenberger stated that longevity of wells in Brokaw is average of five years. The problem with sighting a well in Brokaw is that the pulp mill is no longer using their two industrial wells, which had been a barrier well before they were shut down.
Attorney Frokjer said that if you want to talk common sense, at the time of Brokaw’s expansion when the grant from Dave Obey occurred the Village knew it had a contaminated well and a well problem issue coming down the road. Talk about common sense, you knew you needed two wells. The Village knew that when the sludge pits were put in their wellhead protection area the sludge was going to contaminate their well. That was known, too. Talk about common sense on that. If you had a way to do this water main that didn’t divide the town and leave the Town with all the contract issues, but when you take what you’re doing and significantly impact the Town that is another matter. The Town of Maine did not go looking for this problem.
President Weisenberger stated that all they want is water.
Attorney Frokjer explained that he and Chair Hoenisch had gone to Madison to talk to Glen Falkowski and other water quality specialists at the DNR. The water basin that water is being drawn from in the Wisconsin River can be treated. The City is treating the same water. The Village just needs to treat their water correctly. Brokaw’s treatment plant if up graded can treat the water the same as Wausau treats its water.
President Weisenberger stated that without the pulp mill barrier wells running it is not feasible to put a well in. They have no place to go with another well. Village clerk Wayne Utecht stated that Brokaw had no say where the DNR sited the sludge pits.
Attorney Frokjer said that when the sub division land was purchased, the Obey grant was received, the sewer and water was put in across the highway the Village knew it had a contaminated well. All of your solutions are at the expense of the Town of Maine. President Weisenberger asked what it is costing the Town? Attorney Frokjer explained that the impact on the Town is a great cost. There is more here than water. When the Village does this water line that area is being opened up. The Town will lose residents and tax base thru annexation because there is nothing in the contract to stop it. In fact your conduct is telling the Town that this is exactly what will happen. He said that if there was no annexation involved then there would be no problem with request items two, three and four.
President Weisenberger stated that this has been sitting here to long and they are under a deadline. Brokaw has until June 8, 2008 to be in construction or they will be fined by the DNR. Supervisor Shore stated that it is not the Town of Maine’s problem. You are putting us in jeopardy.
Attorney Frokjer checked his folder. He said that Brokaw sent a letter dated August 8, 2006 to the Town. The Town put the Brokaw easement item on the first Board agenda which was the September Board meeting. The Board authorized him to respond to Brokaw. In that September 13, 2007 response the Town asked Brokaw for the design plans and the contract with the City. The Town never heard anything until February 2007 when the Town had to rush down to Brokaw on February 8, 2007 for a meeting. The Town was presented with a preliminary plan and contact. We came to Brokaw’s February and March meetings with options and suggestions. The Town went to a meeting with Brokaw and the City on April 11, 2007 to discuss the contract terms. All the Town asked for was two things so we could evaluate this. The Town has not dragged its feet. The Town has asked for this meeting for several months. Chair Hoenisch called numerous times to set up a meeting to discuss this contract and Brokaw did not schedule a meeting until tonight. The Town has never received the final design plans and contract.
Chair Hoenisch said that the Village should not say that we are blackmailing them. The Village needs to step back, put yourselves in our shoes. You are concerned about your taxpayers and your Village. We are concerned about our taxpayers and our Town. President Weisenberger said that all they are coming to the Town for is for a water line easement. Chair Hoenisch said that somewhere there needs to be some give and take. The Village only wants to take. That isn’t reality. That isn’t negotiating.
Attorney Frokjer explained that Brokaw agreeing to items two, three and four will get them their water. President Weisenberger said you are tying our hands. Attorney Frokjer said you are coming in and affecting the Town of Maine and their residents because you won’t agree to not take the residents that don’t want to be annexed. The Village and the City will not agree not to take land and residents in the contract.
There was much discussion on annexation, contaminated wells, failed septic systems, development, comprehensive plan and the contract.
After much discussion Village Plan Commission member Bob Bauman asked if the Village could negotiate on the Town’s March 2007 terms letter. Bob Bauman made suggestions as to how the terms could be negotiated such as the term years. Attorney Frokjer explained that it is very important for the contract to retain item four which protects residents from involuntary annexation. He said that there may be room for negotiating on item three. The Town and Village should consider a cooperative boundary agreement that mandates what municipalities can and cannot do.
Discussion followed about different type’s annexation. Supervisor Schult stated that the Town cannot annex the Village property. It is the Town that is in danger here. Chair Hoenisch asked how many times the Village experienced annexation and they said never. She said who is more familiar with annexation laws? Who has experienced annexation? The Town has had people dragged in that never petitioned for annexation.
Chair Hoenisch explained that at a Town meeting approximately 121 town residents spoke and requested that the town officials present these terms to Brokaw. We are not here as a Town Board not wanting to cooperate. We are here on behalf of the residents to express their wish to try to protect their properties.
Discussion followed on the contract. The engineer stated that this is emotional issue. He asked why should the Village negotiate when he clearly heard that the City may not want to negotiate on the contract. Attorney Frokjer stated that the Village is in negotiation with the City and the Village has some input on the contract. The City has been involved in the discussion on the contract. This is why the Town needs to approve the contract. The engineer asked what will happen if the City refuses to negotiate. Chair Hoenisch said that if the City is sincere in providing Brokaw with water then they should also be willing to negotiate.
Discussion followed on what Brokaw would do if a developer along the line wants to annex. President Weisenberger stated that you can not expect a developer to wait until the moratorium is up. Attorney Frokjer explained that it is up to the developer to figure out how to get services. President Weisenberger asked what happens if a Falcon Drive septic system fails. Attorney Frokjer stated that those issues addressed in the agreement. We do not want people to be taken against there will. Municipalities can agree to protect each other.
Attorney Frokjer said that you want to do water, you want to come in and affect the Town and whatever happens after what happens is our problem. You want our permission. You just want the Town to give, give, give. It’s a lose, lose for the Town. You are coming in and impacting the Town and we want a few things to minimizes the impact and you say we are unreasonable.
Supervisor Schult stated that we are here tonight to try to negotiate, to try work together to swap services. Discussion followed about upgrading Brokaw’s sanitary system to be able to work with the Town.
Attorney Frokjer stated that the City needs to agree to a contract that works for especially the Town of Maine because we are impacted the most. Discussion followed on how the propose line designed changed in approximately five days that include sewer and water all the way to Hwy K. This is why the Town has to have a final plan and contract before they can make a decision.
Attorney Frokjer suggested that Brokaw should draw up a letter with terms that the Village is agreeable to. He agreed to put the proposed negotiated items into a letter (see attached) for the Town Board.
Respectively submitted and approved on September 10, 2007.
Tammi Walter
Town of Maine Clerk
Last modified: 03/22/07.
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