Minutes: January 19, 2011 Special Mtg

Village of Plain

Special Village Board Meeting of January 19, 2011


A Special Meeting of the Board of Trustees of the Village of Plain was held at the Municipal Building on January 19, 2011 at 7:30 p.m. The following members were present: Raymond Ellenbolt, President; Cole Brunson; Robert Jewell; Kevin Kraemer; Duane Meise; and, Robert Neuheisel, and; John Schluter Trustees.


Others present: Howard Marklein, District State Representative; David Giffey, Home News; John Ruhland, Public Works Assistant; Nick Ruhland, Public Works Director; and, Shawn Murphy, Green TTEC Director.


Notice of this meeting, along with the agenda, was posted at the following locations in the Village of Plain: the Municipal Building; the Plain Post Office; and, The Peoples Community Bank on Monday, January 17, 2011. Notice was emailed to the Home News and the Baraboo News Republic.


The purpose of this meeting was to discuss and act regarding the EDA Determination on Bid Awards to Meise Construction, Inc. and Kraemer Brothers, LLC; a payout for Meise Construction; and, a potential zoning violation for Parcel# 171 0237-00000.


The meeting was called to order by President Ellenbolt at 7:30 p.m.


Brunson motioned to reorder the agenda to discuss the a potential zoning violation, then the payout for Meise Construction and then the EDA Determination on Bid Awards to Meise Construction, Inc. and Kraemer Brothers, LLC. Neuheisel seconded. Motion carried.


Trustee Duane Meise recused himself as a board member and took a seat in the public section of the board room.


Trustee John Schluter arrived at 7:36pm.


Building Committee Chair and Zoning Administrator Cole Brunson updated the board on the potential zoning violation on Duane Meise’s vacant lot on Oak Street. The vacant lot presently is a storage area for many personal and business objects. Neighbor, Ernest Floerke issued a complaint to the Police Department that old machinery and equipment are stored on the vacant lot affecting value of the surrounding property. Also in the complaint was that machinery wakes people up in the early morning hours. The options are to remove the junk or rezone the property. Rezoning may cause control issues if it is Industrial District zoning.


Meise had pictures of other properties in the Village that contained junk. Meise helps the church out with the equipment stored on the lot. He stated that the church will suffer from future donations. He keeps the lot maintained, mowed every week. Officer Schreiber would need to be the one to look at the other lots that Meise is concerned about. Trustee Kraemer stated that the industrial portion of the Village should be in the Industrial Park.


Meise asked for guidance regarding a rezone. President Ellenbolt does not think the Development and Planning Commission would approve the rezoning. Zoning Administrator Brunson would not support a rezone. The Ordinances give 10 days to correct the violation. There is a frost issue with items being stuck to the ground. A letter to the board explaining the frost issue would prolong the deadline. The junk needs to be removed in the spring. Meise will receive a proper notice regarding the violation.


The Meise Construction progress payment number three was presented to the board. The payout reflects work that was completed in quantities agreed upon with the Strand Inspector. Retainage is being held in the amount of $33,886.95. Restoration of the entire project site still needs to be completed. Trustee Jewell is hesitant on paying Meise’s payment until the Village knows exactly what has been done by a new contractor. A topographic survey would have to be completed. As a Village we need to be fair to Meise. It will add to our cost to change contractors, that is not Meise’s fault. Josh Straka, the Village Engineer, has recommended payment. Trustee Kraemer suggested keeping some money in escrow to make sure calculations of the project are correct. Meise should be paid in full once the contract is assigned to another contractor. It will be surveyed as soon as the snow melts. President Ellenbolt motioned to pay Meise Construction the amount $133,239.00 which includes holding retainage and additional $20,000 towards common excavation that will be paid out entirely by April. Brunson seconded. Roll call vote: Ellenbolt – Yes; Brunson – Yes; Jewell – No; Kraemer – Yes; Neuheisel – Yes; Schluter – Yes. Motion carried.


Trustee Kevin Kraemer recused himself from the meeting. Meise and Kraemer left the building and will not return to the meeting.


The board then discussed the EDA Determination on Bid Awards to Meise Construction, Inc. and Kraemer Brothers, LLC.


Shawn Murphy discussed the Meise Construction contract first. The EDA disallowed payments towards the Meise Construction award after November 24, 2011. They will pay Meise material costs and Meise third party costs up until that day. About 70% of the project is complete. The EDA has been asked if Meise could finish at a cost to the Village since that would be most beneficial for the Village. The EDA responded that they would not reimburse any funds if Meise were to finish.


Assigning the contract to the second bidder would be more cost efficient than rebidding the remaining job. Another option is contracting with Meise’s subcontractors directly to finish their portions of the project. This scenario was posed to the EDA, but we have not received a response. Contracting with the existing subcontractors would be the most beneficial. Tax dollars would be saved and it eliminates the issue of warranty if it were two different companies doing the work. The board collectively likes that idea the best. Iverson has been contacted as the second highest bidder and they would honor their bid. Strand would take care of the surveying because they are the most familiar with the project. The Village needs to work with Meise to obtain as much as possible from the GPS systems on their equipment.


There was frustration in the room regarding EDA’s determination disallowing Meise Construction and Kraemer Brothers. Trustee Schluter pointed out that small towns across the country will suffer because businessmen everywhere will not run for local boards nor allow their employees to because of Plain’s turmoil. It is not like the city where they have a large pool of people to choose from. In a Village of 800, the pool is very small. It’s hard enough without this issue to find people for the board. The EDA is setting an unfortunate precedent.


State Representative Howard Marklein also commented on the EDA’s determination. The grant is labeled as “buy local” and we can only say that we tried, but they won’t let us. This is just an appearance of a conflict and they are crucifying the small guy. Ironically this is a green building and instead of having the local guy working with no commute they are going to have guys driving out from Madison commuting. That is not green by any means.


The EDA has disallowed the Kraemer Brother contract in its entirety because of the appearance of a conflict of interest. When the Village has inquired into Kraemer and Meise resigning and the Village rebidding. They have not issued a direct response. Their determinations have been vague. It is believed that with the current bids expiring, the most feasible option is to move to the next lowest bidder, Ideal Builders. They will honor their bid. They were only $13,895 higher. Murphy recommends moving forward and rescinding the bid award for Kraemer Brothers and awarding the bid to Ideal Builders including all the building systems. There was a 225 working day timeline to complete the project. We have indicated to Ideal that we desire occupancy by MATC in the fall. They will make every attempt to get it done by the end of July.


President Ellenbolt motioned to rescind the Kraemer Brothers contract award. Jewell seconded. Motion carried. Roll call vote: Ellenbolt – Yes; Brunson – Yes; Jewell – Yes; Neuheisel – Yes; Schluter – Yes.


Schluter motioned to approve Ideal Builders to build Green TTEC pending EDA approval. Neuheisel seconded. Motion carried. Roll call vote: Ellenbolt – Yes; Brunson – Yes; Jewell – Yes; Neuheisel – Yes; Schluter – Yes.


Subcontractors for Ideal Builders have been requested so they can be submitted to the EDA.


Schluter motioned to adjourn the meeting at 8:47 p.m. Jewell seconded. Motion carried.





Sheila Tafs    Clerk/Treasurer