Town of Germantown

Official Website of the Town of Germantown, Juneau County, WI

O’Dells’s Bay Sanitary District No. 1



Half Moon Bay Clubhouse
N7832 Lake View Ct
New Lisbon, WI 53950
July 12, 2018
9:00 a.m.


  1. QUORUM– Jim Murphy, Jim Keene, Jim Marx, Pat Connors, Brad Pavloski
    Also Present: Tom Fitzwilliams, Kathy Oliver, SD#1 Administrator.
  1. MINUTES APPROVAL – Jim Keene had a question regarding minutes from May 24, 2018 meeting. Who will be coming up with the proposed map and suggested ordinance for consideration? It was decided at that meeting that it would be the Town of Germantown, not the Sanitary District. Motion made by Pat Connor to make a correction to the minutes reflecting this, and then minutes will be considered approved. Second by Jim Keene. Motion carried 5-0.
  1. PUBLIC COMMENTS-no public comments today. Jim Murphy welcomed Jim Marx, as our newest Board Member. he was appointed and sworn in by the Town of Germantown Board at their June meeting. His Official Oath is attached as part of the minutes.
    1. Discussion and approval of Final Phosphorus Compliance Report. Tom Fitzwillims presented a Final Compliance Alternatives Plan developed by MSA. The district is able to use chemicals fed by hand to treat and meet the current limits, and it is believed we will be able to continue for at least a few more years. Tom suggested that possibly beyond that the District may be looking at an upgrade to the building, piping, chemical storage, etc. systems. The building could include more work space, lab space and chemical feed equipment. Regarding capacity, we are currently only running a little over half capacity during our peak July days. Tom feels that we will continue to be able to adequately handle capacity, with our current pace of approximately 27 new connections per year. In 2019 new phosphorus limits will be released by the DNR. Tom’s recommendation is that we submit our plan with proposed chemical feed upgrade and pursue DNR approval. One caveat is that the DNR still needs to get their draft report approved by the EPA, and when that happens we could end up with different limits than we are planning for. If that happens we would contest, which would put the process on hold until firm numbers come out, which would delay the issuance of our permit. Jim Marx asked if a new building would need to include separate rooms for chemical storage. Tom does not feel that would be necessary, as all of the chemicals we use store well together. That will be considered at the time of new building design. Jim Marx asked if it might be possible to obtain any Government Grant for a building project. Tom said that yes, it is possible, and that he will get us on the list this fall. Motion made by Jim Murphy with a  second by Jim Marx authorizing Tom Fitzwilliams and MSA to proceed with filing our report and working with the DNR on approval of our plan for compliance. Motion carried 5-0.
    2. Discussion and possible approval of replacement WWTF SCADA computer system. Tom explained that our computer system is 8 years old, still running on Windows XP, and that we will eventually need to improve remote connection and communications. He feels that this should be a part of a building and equipment project, and that we should be able to “limp along” with the current system until that time. No action taken.
    3. Update on Radio Tower Repairs and Insurance. Repairs are complete and insurance will not coverage wind damage. Kathy is communicating with our insurance provider to obtain a quote for such coverage in the future. No action needed.
    4. Update on Audit Plan-Kathy has received a list of items needed for the audit, and will begin to gather everything. The auditor says it will be sometime in August before we have a face to face meeting. When that is scheduled she will email all board members, along with Carrie Kudick, and anyone who would like will be welcome to join the meeting. No action needed at this time.
    5. Update on New Connections and Account Balances. Kathy presented a report (attached) with all current balances and connections YTD. She attempted to check our safe deposit box at the Bank of Mauston, but was not named on the papers for the box, so was unable to do so. A motion was made by Jim Murphy, with a Second by Brad Pavloski that we add both Kathy Oliver and Jim Murphy as authorized persons to access the safe deposit box. Kathy will do so and will also check on whether the entire CD is insured by the FDIC. Motion carried 5-0.  
    1. Discussion and possible approval of Bylaws for Sanitary District #1 Board of Directors. Jim Murphy presented a draft of proposed Bylaws for the Board. A comment was made that if members have to abstain from voting if they own more than one property within the district, that would prevent the majority of Board members from voting. Jim Murphy clarified that you would only have to abstain from voting if the outcome would have a financial effect on you personally. Action on possible approval of Bylaws was tabled until next meeting. Before then Jim Murphy asked all to please review the draft and send any thoughts or suggestions to Kathy to be incorporated into the Bylaws. She will make any necessary revisions and email to all board members for review before the next meeting.
    2. Discussion and possible action on Non-Routine service requests from Customers. Two customers have requested that the vent pipes in or near their yards be lowered and/or painted to make them less visible. Jason Terry spoke with Kathy Oliver and said that this is possible, and that MSA would bill the District for the time. He estimated approximately $200-$300 expense per pipe. Jim Marx asked what the benefit would be other than appearance, and if something would happen as a result, such as damage by a plow, who would be responsible for the expense to repair? Tom Fitzwilliams will check into this and find out how low the vent pipes can be and still function properly. Action tabled until next meeting.
    3. Discussion and possible action regarding Legal Representation for O’Dell’s Bay Sanitary District #1. Jim Keene commented that legal representation by Dan Berkos in the past could be interpreted by the public as a conflict of interest. Pat Connnors commented that in the future we should avoid using anyone who may have a conflict of interest. Brad Pavloski said that in the event that Mr. Berkos, or any other attorney, provides service or advice, we should be billed to avoid the appearance of any conflict of interest. Jim Murphy asked Kathy Oliver to write a letter to Atty Berkos asking to be billed for any services that we may owe for. A Motion was made by Jim Keene, with Second by Brad Pavloski that President Jim Murphy seek out and recommend an alternative attorney to advise and represent the district. Motion carried 5-0. Tom Fitzwilliams gave the name of Tim Homar, who is an attorney with Sanitary District knowledge, and works with other Districts and MSA
  1. OTHER BUSINESS. Brad Pavloski asked if we have records dating back to tell us exactly who has all paid the NMRCA fees historically. He asked about records for those also Sanitary District #2 for NMRCA. Kathy does not know for sure if such records exist, but will look into it and report at next meeting. She suggested making this info part of our upcoming audit. Jim Marx asked if there is a map that we could use at meetings showing lots, lines, connections, etc. Tom Fitzwilliams will get some kind of a map for future use.
  1. NEXT MEETING -September 19, 2018 9:00AM at Half Moon Bay clubhouse
  1. ADJOURN – Motion to adjourn by Brad Pavloski, with second by Jim Marx. Motion carried 5-0.


NOTE: Immediately following adornment of the meeting, Board Members toured the Sanitary plant for informational purposes only.  While there was a Quorum of Board Members together on the tour, no discussion or actions for the District were taken.


Respectfully submitted by: Kathy Oliver