Crivitz, County Settle County A, W DisputeIssue Date: April 3, 2013
A dispute between the Village of Crivitz and Marinette County Highway Department over costs associated with the long completed reconstruction of County A and W through the village appears to be finally settled.
At their monthly meeting on Tuesday, Feb. 19, Crivitz Village Board approved a final settlement agreement hammered out by Village Attorney Frank Calvert and Marinette County Corporation Counsel Gale Mattison in late February.
Marinette County Highway Department approved the agreement, which calls for a total $20,000 final payment from the village, at their meeting on Wednesday, March 6.
According to the agreement, which both legal advisors strongly recommended for approval, the village and the county agree that the county sent the village final invoices for the project totaling $16,872.61, and the village forwarded to the county cost estimates of more than $5,800 to have a catch basin installed that they believe is necessary to the drainage of Henriette Ave.
To end the dispute, both parties agreed that the $5,800 cost estimate for the catch basis will be deducted from the $16,872 on the county invoice, leaving a final total of $11,055.30 to be paid by the village on the construction portion of the contract. The village has promised to pay that total to the county within 30 days, along with a final settlement of $8,944,70 for the balance due on right of way acquisition.
The dispute goes back a long way. Crivitz and Marinette County entered into agreements connected with the project on Jan. 30, 2007 and Aug. 24, 2010.
Right of way acquisition costs totaled $36,266.40, but there was a disagreement as to what percentage each should pay. Under the March 19 final agreement the parties stipulate that land acquisition costs will be split 50/50, at a cost of $18,133.20 to each. Since the village had already paid $9,118, it owed a final payment of $8,944.70, which was to be paid in 30 days, bringing the total settlement from the village to the $20,000 accepted by the Highway Committee. Terms are that each party will hold the other harmless from any future claims connected with the project.
In other business for the month the village agreed to renew annual insurance policies with Community Insurance Corporation for $19,281 for the year.
As recommended by the Public Safety Committee, the board accepted Travis Watson as a firefighter for the Crivitz Fire Department, approved purchase of police ammunition for not more than $700, and agreed to spend $2,554.21 on safety equipment and garments for firefighters in a grant agreement through which the DNR will pay the other half.
The board approved a $1,130 agreement with Loyal Landscaping for spring maintenance of the Triangle Park Wwaterfall, as recommended by the Parks and Recreation Committee.
Also approved were agreements with Wisconsin Property Maintenance for sweeping village streets at a cost of not more than $1,250, and with Crack Filling Services for crack filling at a maximum cost of $7,500.
By unanimous vote the board agreed the Crivitz Girls High School Girls Softball team can use the village baseball field for the 2013 season.
On recommendation of the Finance and License Committee, the board voted unanimously to deny a bartenders license requested by Ashley Busse. The vote to deny the license came after Trustee Dick Kaminski, who chairs the committee, explained they recommended rejection due to the applicants prior unpardoned felony conviction and numerous other misdemeanor and traffic convictions.
Payment of $1,225.11 to Sessler Plumbing for work on radio controlled meters was approved without dissent.
Trustee Duane Swanson cast the sole dissenting vote when payments from the general fund of $869.99 to Quartermaster for Elias Bulletproof vest, of which $240 will be reimbursed from a grant, and $1,290 to Badger meter for radio meter service renewal fees. The four trustees voting in favor were Kurt Kostuch, Jo DI Volk, Kaminski and Janis Porfilio.
The meeting agenda had provided for discussion and possible action on snowmobile routes, village hall security, the hall roof project and a possible closed executive session but with agreement from the board, those items were bypassed.
At the end of the meeting Village President John Deschane thanked the American Legion for donating an American flag to the village. He also thanked Rob Kamps for donating survey work in Crivitz Community Veterans Park to locate all structures in the park and sites for a future disc golf feature. He congratulated the Crivitz High School Varsity and Junior Varsity cheerleaders on their awards at national competition, and saluted coaches Kellie Stumbris and Debbie Atwood.
He also reminded the board of annual reorganization after the spring elections and asked trustees to submit committee request forms for their upcoming terms of office before the April board meeting.
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