Connie Kreitzman
Village of Clyman
713 Morgan Street
PO Box 129
Clyman, WI 53016

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March 28, 2011 Regular Monthly Meeting
Mar 28, 2011


Regular Monthly Board Meeting

March 28, 2011 – 6:30 PM


Meeting called to order by interim president Laurel Finger at 6:33 PM with Randy Roberts, Lorrie Hartman and Joe Roberts present.  Also present was Utility Superintendent Tim Dornfeld, MSA Representative Jeff Montpas and Officer Don Davidson. 


The Pledge of Allegiance was recited.


Dodge County District Attorney Kurt Klomberg addressed the Board.


Minutes – The minutes from the previous meetings had been provided to the Board.  With regard to the joint meeting minutes, Joe questioned about the left over budget funds going into the Lifequest savings fund.  Our board felt that these funds should be placed in a separate account to be used for the purchase of equipment.  Motion by Lorrie/Joe to approve the minutes as printed.  Motion carried.


Wastewater Treatment Facility – Jeff Montpas advised that the generator was delivered last Friday night.  The generators will be tested in the near future.  Once that is done substantial completion should be close to being issued.  Jeff has no information on the reason for the delay other than the delay in getting the generator.  Jeff has been demanding to know where it is and could not get an answer.  We need back up power to run the plant.  Jeff will process the substantial completion letter and process it with the contactor and everyone else.  This puts the contractor on their 12 month warranty.  Around the 10 or 11 month period, MSA will meet with Tim and do another walk through and notify the contractor regarding fixes that need to be made while still under warranty.  After that time frame, if something breaks, the manufacturer will need to be called.  Once substantial completion is done the contactor can ask for the retainage money that is being held.  Paving will probably not be done until the first part of May.  Lagoon abandonment is subject to ice coming off the lagoons and Tim being able to make the wastewater back to a dischargeable level.  Jeff figures that trucks will have to haul the sludge away but that it can be land applied.  This should not cost the village any additional funds.  CD Smith is looking at demoing the garage mid-April.  So if substantial completion is done, Tim needs to get moved in and the old garage emptied.  Tim did not feel that he needed to keep the old pumps.  Whatever Tim doesn’t want, he can leave in the building and it will be demoed.  The welder and air compressor was denied by Rural until the sewer rehab is completed.   Jeff figures there should be money there to buy the compressor and welder.  Joe asked about resubmitting putting in the motorized gate but Jeff said that was probably a definite no.  Change order No. 6 ended up coming in at $8957.60.  Joe asked if the old generator would work for the lift station.  This has not been checked out yet but Hady will look at it and advise what it will cost.  Jeff has a small pay request from MSA and the Village in the total amount of $4,939.41.  Motion by Randy/Lorrie to approve the pay request.  Motion carried. 


Jeff advised that final completion date is estimated to be June 1.  He expects sewer rehab to possibly begin mid-July with construction to start mid-September.  Jeff expects to encounter some difficulties with Seneca’s schedule but advised that everybody will get proper notice. 


Laurel asked how far they have gotten on the punch list and when did they expect to be completed.  Jeff advised that he didn’t really know, he expects it to be about 60% completion.  They are working on it.  The electrician has a lot of work to do.  Painter needs to color code all insulation lines.  Laurel advised that Jeff should push CD smith harder to get this building done.  Jeff advised that to pursue liquidated damages, there has to be harm to the village.  Jeff advised that they are paying the utilities and bills.  Laurel feels that CD Smith blew the substantial completion date off.   Tim asked what the negative side is of not meeting substantial completion.  Jeff advised that it mainly gives a bad taste when they say they are going to be done and then don’t comply.  Joe asked who is pushing to have the building demoed in mid-April.  Jeff advised that CD Smith is.  Tim advised that he did start moving last week.  There is about 1/3 of the shop up there. 


Laurel asked about the silt fence being gone and mud rushing underneath there.  She feels that CD needs to put that back in there.  Half of the pipe is exposed where it is discharging.  Jeff advised that he will have Mike look at it and that should be covered under the restoration issue.  They are probably looking at mid-April to do the restoration.  She questioned about the property lines with how the fence goes.  Jeff advised that the property lines are straight but trees were in the way so that is why the fence installation is the way it is. 


Jeff advised that there will be outside items added to the punch list that could not be looked at when snow was around the building. 


Garage Funding  - Kris advised that she has talked with the State Bank of Reeseville regarding the Village’s loan payment with them.  She inquired if the Village could make 3 yearly payments in the amount of $21,165, instead of one payment in March for $63,495, which would pretty much drain the village account.  The bank is willing to do this so payments would be due on March 11, September 1 and December 1.   Motion by Joe/Lorrie to approve making  the State Bank of Reeseville loan payment in 3 installments instead of one.  Motion carried. 


Seneca Foods - Kris advised that Eric Martin was not available for the meeting.  Kris will contact him about being available for a future meeting or contacting Jeff Montpas about the issue. 


Police Report – Officer Don Davidson thanked the DA for addressing the board.  There was nothing new from last month’s report.  Laurel asked about the synthetic marijuana and whether the Village should possibly consider an ordinance.  DA Klomberg advised that the legislature has a bill in process about making it a criminal statute.  Our ordinances would follow the state statute. 


Fire/EMS Department  – Chief John Haase presented bills for payment.  Kris advised that a bill for Bendlin Fire Equipment was to be paid with donations that were put into the Life Quest Account, however board approval needs to be done before the monies can be taken out.  Motion by Lorrie/Joe to approve taking the donated funds out of the Life Quest account to cover the Bendlin bill. Motion carried.   This will now go to the Town for approval. 


John advised that there was a problem with some of the officers pay from last year.  Kris explained that it was partially her fault because she did not catch the salary part on the pay sheets that were submitted for the officers.  Lorrie questioned if all checks that went out unsigned have been taken care.   John indicated that he felt there were. 


Resolution  No. 2011-009 for Authority to Transfer Financial Responsibility of Clyman Fire/EMS Funds to the Clyman Fire Department. Kris explained that in order for the Fire Department to establish their own accounts, it is necessary for the Board to transfer the authority to them so that the bank has documentation authorizing this to occur.   Motion by Lorrie/Joe to adopt Resolution No. 2011-009, Authority to Transfer Financial Responsibility of Clyman Fire/EMS Funds to Clyman Fire Department.  Motion carried. 


Open Records Request Form– Kris had prepared a copy of an open records policy for the Village as well as a form for requesting open records.  The cost proposed for open records is $.25 per copy.  If locating records exceeds $50, there will be a charge for the Clerk’s time at the usual hourly rate of pay which will be billed to the requestor.  The cost for obtaining records must be paid for prior to any records being released and if requested information is not picked up within 2 weeks after being noticed that it is available, a new request will be required and the requested will be charged for both searches.  Motion by Randy/Joe  to adopt the new open records request policy and form.  Motion carried. 


Tree Trimming – Discussion held on the quote received  from Nick’s Tree Service.  Joe asked about splitting the service and cost into 2 or 3 years.  Question was also raised if this company had insurance.  Joe suggested the Board table this matter until we find out if he has insurance, if the Village could split the work and to see if he could possibly come to next month’s meeting. 


Crack Filling – Tim presented a quote for crack filling from N/R Asphalt for $4,750.  Kris asked if we could do the payment in August.  Tim feels that these are the cheapest.  Laurel questioned if Tim checked the streets or if the company did and Tim advised the company does.  Motion by Lorrie/Joe to accept the proposal.  Motion carried. 


Baker Tilly Financial Statement – The board had received a copy of the statement for the Village from Baker Tilly.  Kris advised that upon review, the figures that are split equally with the utility were not taken into account.  She did advise Baker Tilly of this.  The Board had no further questions. 


Citizen Comment – Dan Finger feels that the Board as a whole should sit down and make sure that they are satisfied with the work done at the new facility before one individual signs off on it.  With the punch list,  he does not know how it affects Tim and the move.  Tim should walk through prior to substantial completion and see if he is satisfied as well as the board being satisfied.  Eric Howlett pointed out that it is up to the board to make sure that substantial completion is complied with.  Citizens recommended that CD Smith pay for the utilities in the old garage as well. 


Laurel commented about the railroad sink hole not being taken care of.  Marty mentioned about a hydrant being on a spring and causing problems with high ground water. 


Laurel indicated that Bob Tracy has called her about when the final paperwork was coming.  He has been advised several times that this will happen when substantial completion happens.  Kris advised that he also has an attorney and so that the Village doesn’t get in trouble with ex parte communications with him, everything should go through his attorney. 


Personnel – Discussion held on the Xmas decorations and the complaint received from an anonymous resident about taking down the decorations.  Joe asked about Tim being allowed to roll over his vacation as he felt that this could cause budget problems.  Discussion held on possibly implementing a policy on vacation carry over time with the next budget talks. 


Invoices – Joe questioned the Waupun Equipment bill and was informed that this involved tractor repair.  Motion by Randy/Lorrie to accept invoices and pay bills.  Motion carried.


Tibbett’s Land Restoration – Tim advised that when the lagoons are abandoned, he would like to see to it that the Tibbett’s property receives restoration.  Tim will give this information to Jeff. 


Next Meeting Date – The next regular meeting will be held April 25, 2011, at 6:30 PM. 


Motion by Lorrie/Joe to adjourn.  Motion carried.  Meeting adjourned 8:23 PM.


                                                                                Respectfully submitted:



                                                                                Kris Kohlhoff



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