May 13, 2009

Present: Commissioners Gerard, Hinz, and Ciesielski
Absent: None
Also Present: Lynn Tamblyn, WRCSD; Duane Erickson, Operations Superintendent; Debbie Crawford, Administrator; Kelly Crawford, Accounts Clerk; and Attorney Chris Geary

In the absence of a President for tonight's meeting, Administrator Crawford called the meeting to order at 4:30 p.m. and moved to the first item of business for the Commissioner's discussion.

Ciesielski motioned to elect Gerard as President, seconded by Gerard. All in favor. Motion carried.

Upon Gerard accepting the position he thanked the Commissioner's for their support and confidence. Gerard stated he would accept the presidency for the one year term and will not accept a second consecutive term for as he would like to see it be passed on and perhaps in the future he would again accept the position. In time he would like to see all Commissioners be equal and work together as a 'three spoke wheel'. Gerard went on to explain why he became a Commissioner. Gerard had been asked several times to run for office and began researching about 6 years of minutes, notes, correspondence, and letters. He also realized there were some rifts, dissention, personal attacks, remarks, lies, and character assassinations going on, particularly against Myron, Debbie, and Kelly. There have been open, blatant quorums without notification or posting right here on the municipal property. Gerard would like to have positive change and see the 'three spoke wheel' becomes a 'seven spoke wheel' with everyone working together.

Gerard motioned to have Ciesielski serve as Treasurer and Hinz as Secretary, seconded by Hinz. All in favor. Motion carried.

The Commissioner pay is a two part discussion with the first part being to dissolve the extra pay for the position of president. In Gerard's research the extra pay was implemented when the municipal building was being remodeled to compensate Ciesielski for his extra time and involvement. Since that has been long since accomplished it has been a controversial issue that he would like to see eliminated. The second part would be what to do with the money. Ciesielski motioned to dissolve the extra pay for the position of president with a letter being sent to the Town Board with this request, seconded by Hinz. All in favor. Motion carried.

The second part was what the monies would be used for. Attorney Geary suggested perhaps waiting until after the Town acts on the request also giving the Commissioners time to think of their suggestions. Gerard motioned to carry this matter over to the June meeting, seconded by Hinz. All in favor. Motion carried.

Hinz motioned to keep connection fees at the current rates that became effective April 09, 2008, seconded by Ciesielski. All in favor. Motion carried.

Ciesielski motioned to send Erickson to the Collection System Seminar on June 04, 2009, seconded by Gerard. All in favor. Motion carried.

Hinz motioned to approve the minutes from the April 08, 2009 meeting as printed, seconded by Ciesielski. Two in favor, Gerard cannot vote due his not being a Commissioner at the April meeting. Motion Carried.

Tamblyn did not have anything to report for WRCSD.

Ciesielski and Tamblyn explained how the Whitford lift station services only the Village of Waterford, however since the Village will not take ownership of this lift station the expenses for any upgrades, utilities, and maintenance are passed on to WSD and Rochester through the fees charged by WRCSD. After further discussion Ciesielski motioned to retract the letter sent to WRCSD requesting the Intermunicipal Agreement be re-opened, seconded by Gerard. All in favor. Motion carried.

Attorney Geary explained that under the terms of the Developers Agreement a Letter of Credit was requested from the developer for Foxwater Bay. The remaining portion of the original LOC is expiring on May 24, 2009 however the guarantee period does not end until July 2010. The attorney from the bank has said they are not going to renew the LOC and after the expiration date the district would have to pursue the developer for breach of contract. Erickson stated there is a possible problem with the sewer which has not yet been eliminated as a concern. Gerard motioned to have Geary prepare a letter with the District requesting to collect on the LOC to be delivered to the bank in addition District employees are to document time spent on this project, seconded by Ciesielski. All in favor. Motion carried.

Discussion ensued regarding the Nepotism clause in the Rules of Conduct which was implemented after all current employees were hired. However, because of this clause an employee is to be terminated. Gerard defined the meaning of nepotism, how, when and why it was originated and does not see how it would apply to the environment in which we have. Nepotism cannot apply to the conditions we have as a mother has a daughter that is an employee, however the mother has to go through the Commission for pay increases, and anything else that would make nepotism applicable. Gerard pointed out that there is nothing illegal with a daughter working for a mother, or an uncle, or aunt when there are other conditions that do not apply and this is one of them. Gerard further explained that even if all seven members of the District were related nepotism would not apply due to the separation of the jobs, where the jobs come from, and who runs the organization. Gerard referred to the Village of Waterford's Personnel Manual, letters, and e-mails former commissioner Tom Pisarski had given to him and after reviewing all the information Gerard found there wasn't anything that would be applicable to the WSD. The Village of Waterford's manual applies to them and their circumstances not ours, we have not adopted anything like it and we should not be trying to use information that does not apply to WSD. Gerard pointed out how this was another part of the character assassination that was going on. Hinz agreed completely with Gerard and felt he had done a wonderful job of addressing and explaining nepotism. Attorney Geary questioned whether there was a labor contract with the employees. Gerard explained, and Crawford verified, that the union was brought in as a last resort, a defense mechanism when backed into the corner, to stop what never should have applied. Crawford explained that she had spoken with Pisarski several times and after once again pleading to work this out with the employees instead of having a union involved was finally successful in negotiating with the Commissioners without union representation. Gerard motioned to have nepotism be totally eliminated from the Rules of Conduct and stricken from anything involving WSD until the time that it would actually apply, seconded by Hinz. Motion carried. All in favor.

Erickson did not have anything to report for O&M.

Correspondence consisted of:

" WRCSD Agenda & Minutes

Accounts payable were approved on a Ciesielski/Hinz motion. All in favor. Motion carried.

Ciesielski motioned to adjourn to closed session pursuant to Wisconsin State 19.85(1)(c) to consider personnel matters, seconded by Hinz. Roll call of Commissioners: Hinz aye, Ciesielski aye, Gerard aye. Meeting adjourned to closed session at 6:05 p.m.

Gerard motioned to return to open session at 6:30 p.m., seconded by Hinz. All in favor. Motion carried.

Gerard motioned to adjourn at 6:32 p.m., seconded by Hinz. All in favor. Motion carried.

Respectfully submitted,

Debbie Crawford
Administrator