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November 18, 2011 Special Meeting
Minutes of the Meeting of the C.K.S.D.
The Consolidated Koshkonong Sanitary District held a Special Meeting on Friday, November 18, 2011 at 12:30 P.M. Present were Kathleen Lichtfuss, Todd Sahr, Barbara McGann, Robert Venske, David Houfe Jr. and Lynne Lund.
Also present was Tara Spoon, representative of Brennan Steil.
1. President Kathleen Lichtfuss opened the meeting at 12:30 P.M. and called the meeting to order. Kathy asked to put on record the postings of this agenda and asked if the postings were done before the 24 hour notice. Lynne Lund, C.K.S.D. Internal Operations Manager, stated that the agenda was posted 24 hours prior to the meeting at the C.K.S.D. Office, Oberg’s Tavern, Newville Mobil and on the C.K.S.D. website. She added that the Edgerton Reporter was notified of the meeting. Kathy asked if Lynne has documented the times that the agenda was posted. Lynne stated yes. Kathy asked if there are any questions on the postings of the agenda. There were no questions.
2. Under Roll Call Vote, Lynne explained that this is strictly for attendance of this meeting. Kathy asked for the Board to state their names and who they represent as the roll call vote:
Todd Sahr representing Town of Fulton
Kathy Lichtfuss representing Town of Fulton
Barb McGann representing Town of Sumner
Bob Venske representing Town of Albion
3. Under Confirmation of Meeting Notice, Kathy stated that this was already covered at the beginning of the meeting.
4. Under Discuss/Take Possible Action on a Commissioner Wanting to Rescind the Action of Appointment of Engineer Taken at the November 16, 2011 Meeting, Kathy asked Barb McGann if she called Kathy about this matter on the evening of November 16, 2011. Barb stated yes. Kathy asked if she initiated the call to Barb. Barb stated no. Kathy asked if any Board member has any information on this item on the agenda. Barb stated yes. She stated that she would like to withdraw the motion. Lynne asked if it is really withdrawing the motion when she did not actually make the motion. Bob Venske stated that there was never a motion made on this so Barb cannot withdraw a motion. Tara Spoon, representative of Brennan Steil representing C.K.S.D., stated that it would be withdrawing the request to rescind the motion. Barb stated that she withdraws the request to rescind the motion made at the November 16, 2011 meeting. Todd Sahr asked whether we need a motion to take no action on this. Ms. Spoon feels that we can just take no action here since the request is withdrawn. She stated that the Board can indeed make a motion to take no action, if they desire. Todd explained that he is questioning it only due to having a formal meeting right now. He stated that he would feel better if they made a motion to take no action.
Kathy asked if any Commissioner has been in communication with their own Town Board or any other Town Board regarding the action of C.K.S.D.’s November 16, 2011 meeting. Bob, Barb and Todd all stated yes. Kathy asked Bob who he has communicated with. Bob stated that the Town of Albion had a town board meeting the night after the C.K.S.D. meeting, which was November 17, 2011; so he informed his town board of what took place at C.K.S.D’s November 16, 2011 meeting. He stated that then Lynne called the next morning informing him about the special meeting on November 18, 2011 so he had to call Roger Olson, Town of Albion Chairman, to explain what was going on. Bob added that he also had discussion with John Dohner, Town of Sumner Chairman. He explained that he and Mr. Dohner have talked in the past and Mr. Dohner likes to be kept up to speed about what the Town of Albion is doing so he also explained to him about what is going on at C.K.S.D. Bob added that he informed Mr. Dohner about today’s meeting and that if Mr. Dohner would like to attend, he certainly could. He stated that he also informed Bryan Meyer, Town of Milton Chairman, about what is going on at C.K.S.D. only because they were having a discussion about some subdivision stuff and Mr. Meyer asked how things were going at C.K.S.D. Kathy stated that with Bob having communication with two town Chairmen; she asked if that communication was an effort to have the town Chairmen take action or do anything regarding the business with C.K.S.D. Bob stated no and pointed out that they are not here. Kathy stated that her question to Bob was “was he attempting to get the town Chairmen to take some action regarding the business with C.K.S.D., specifically with appointing an engineer.” Bob stated no he was just telling them what is going on. Kathy stated that instead of allowing the Commissioners here to communicate with their own town Chairmen, Bob took it upon himself to communicate with them. Bob stated that because of the way he has been treated here at the Board, he was very cautious about how he proceeded with what he felt was his duty to do. He added that he contacted his attorney, Tim Fenner. Bob stated that Mr. Fenner informed him of a number of things which should or should not be done. He stated that he took Mr. Fenner’s advice and Mr. Fenner assured him that it is perfectly legal and okay what he is doing. Kathy asked if Mr. Fenner is Bob’s attorney or the Town of Albion’s attorney. Bob stated that Mr. Fenner is the Town of Albion’s attorney. He added that he contacted Mr. Fenner under the direction of Mr. Olson. Kathy asked Bob about his comment on how he has been treated by this Board. Bob stated that he was reprimanded for soliciting votes. He added that when he left C.K.S.D.’s November 16, 2011 meeting he witnessed three Board members having a discussion at the end of this conference table, which constitutes a quorum and is against our Code of Ethics. Kathy stated that her and Barb were here and asked Bob who the three Commissioners were. Bob stated Kathy, Barb and Todd. Kathy stated that Todd was out in the parking lot with John Traynor. Lynne stated that Todd did very briefly walk in and talk with Dave about a personal matter and quickly left. Barb added that she walked out then.
Todd stated that Evan Sayre, Town of Fulton Chairman, called him and asked if he should attend today’s meeting. He told Mr. Sayre that he did not think it was necessary for him to attend.
Barb McGann stated that she was called by her Chairman, Mr. Dohner. She stated that Mr. Dohner told her that he has been informed about all the C.K.S.D. issues and that he would call a special meeting of their town board to direct her to vote against the rescinding motion if needed. Barb stated that she then informed Mr. Dohner that she would withdraw from rescinding the motion. She stated that the conversation was actually a lot longer than that. Barb pointed out that Mr. Dohner had already heard all this information from another individual. She stated that she decided during the conversation to withdraw from rescinding the motion made at the November 16, 2011 meeting and she and Mr. Dohner are in agreement with this.
Kathy referred the entire Board back to the original document that says this Board’s votes are independent votes of their town and that the C.K.S.D. Board is to act in the best interest of the C.K.S.D. She stated that with acting in the best interest of the C.K.S.D. at times it may put the Board member in conflict of their own town board. Kathy added that the Board member’s duty is to act in the best interest of the C.K.S.D.
Kathy explained that when she left the November 16, 2011 meeting she went to dinner and when she got out she had two messages on her cell phone from Barb asking her to return her call. She explained that she does not take her cell phone into restaurants. Kathy stated that she returned the call to Barb and Barb asked if there was a venue for reconsideration for what happened at the meeting. She told Barb that she did not know and she would check what limited access she had with the Roberts Rules of Order. Kathy added that she told Barb that she would call Jonathan Groessl, C.K.S.D. Attorney, the next morning, which she did. She added that there were many telephone calls back and forth with Mr. Groessl on November 17, 2011 trying to figure this all out. Kathy stated that it was determined that we could have a special meeting to rescind the action taken. She stated that she called Lynne and asked her to call all the Board members to inform them about the special meeting on November 18, 2011. Kathy stated then she received a telephone call again from Barb with a question on Roberts Rules of Order and she told Barb that she would try to answer it but if it was not clear Barb would need to call our attorney herself. She added that she did not engage in any conversation with Barb about the motion itself.
Kathy stated that there was a question brought up about the conversation that went on here after the meeting between herself, Barb, Lynne and Dave Houfe, C.K.S.D. Field Operations Manager. She stated that the conversation was focused and centered on our newly elected President for 2012, John Traynor. Kathy explained that John took Dave off to the side after the meeting and told him that he saw the appointment of Town & Country Engineering as a test for Dave and Lynne. She stated that Dave and Lynne were upset over this and feels it is with good reason. Kathy explained that John chose only to talk to Dave and left Lynne out and also the words that “this is a test” concerned them. She feels that this Board needs to clarify with John as the newly elected President what he wants from both the Board and the employees. Kathy stated that they also discussed the lake level, the Lake District, what is going on with wanting to raise the levels and not having the slow/no wake at nine feet.
5. Under Discuss/Take Possible Action on the Appointment of an Engineer for 2012, Kathy stated that there is no action to take here.
There being no further business to come before the Board, Bob Venske made a motion, seconded by Todd Sahr, to adjourn the meeting at 12:42 P.M. Motion carried.
Lynne Lund, Internal Operations Manager
Absent: John Traynor
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