Village of Newburg
Meeting of the Village Board of Trustees
February 13, 2020 at 7:00pm
Village Hall, 620 W. Main St. Newburg, Wisconsin

MINUTES

OPENING OF MEETING / CALL TO ORDER
ROLL CALL

President Rena Chesak – Present
Trustee Bill Sackett – Present
Trustee Amy Marquardt – Present
Trustee Sarah Beimborn – Present
Trustee Lynn Burkard – Present
Trustee David DeLuka – Present
Trustee Sandy Stockhausen – Present
Total: 7 present, 0 absent.  A quorum was present.


Also present:
Deanna Alexander serving as Administrator/Clerk/Treasurer
Nate Wendelborn serving as DPW Superintendent
Walter Grotelueschen serving as Building Inspector

PLEDGE OF ALLEGIANCE
CORRECTION AND APPROVAL OF PAST MINUTES

Committee of the Whole – January 23, 2020

Motion by Sackett to approve the minutes; seconded by DeLuka.

Motion prevailed by a voice vote of 5-0-2 (Abstaining: Marquardt, Stockhausen).

PUBLIC FORUM

Members of the public who wish to address the Village Board on a topic of public concern are asked to complete a written card to register with the clerk. The chairperson will then call on individuals to address the council from the front table in an orderly fashion for up to three minutes each.

No members of the public requested to speak.

ACTION ON LICENSE APPLICATIONS

None

Note: Item 7 was taken out of order at this time.

FINANCIAL REPORTS, BILLS, AND CLAIMS

Financial updates from the Administrator/Treasurer

  1. Consideration of bank account balances, cash flow expectations, and board direction for fund reserves. This item was laid over at the January 23, 2020 COW meeting.
  • Ms. Alexander provided the board with a written summary of all bank accounts, including checking, savings, CD investment, and loan accounts, showing intermittent account balances and fund cash reserve totals from 2018 to 2020.
  • As of 2/11/2020, the general fund available cash balance consisted of $719,983 in non-highway aid funds, $249,730 in highway aid fund reserves, totaling $969,713 for the general fund, plus an additional $539,080 for the sanitary fund. The general fund cash available balance was noted as artificially inflated due to the timing of tax payments as all payments collected had not yet been reduced by the intergovernmental fund transfers due from the village to other taxing jurisdictions.
  • The CD investments were noted as nearing maturity:
    • $104,012 with State Bank of Newburg maturing 2/22/2020.
    • $104,063 with the State Bank of Newburg maturing 3/9/2020.
    • $84,040 with First Federal Bank maturing 4/30/2020.
    • $116,290 with Commerce State Bank maturing 5/14/2020.
    • $101,862 with Commerce State Bank maturing 5/14/2020.
  • The board discussed alternative investment options, noting that higher interest rates while retaining liquidity are the goals and that considering the state investment pool may be an option.

Motion by DeLuka to allow the Treasurer to decline renewing any CDs coming up for renewal, that proceeds from any CDs not renewed be held in a village checking or savings account, and that the topic of investment options be brought back to the board at a later date when more information is available; seconded by Chesak.

Motion prevailed by a voice vote of 7-0.

Motion by DeLuka to direct the Treasurer to reestablish a Board-restricted balance in the general fund of $250,000 to be reserved for repairs, maintenance or improvements to Hwy. MY, and of $150,000 to be reserved as state aid funds for other roadway repairs, maintenance or improvements, noting that the Treasurer may temporarily borrow from either fund for the purposes of ensuring the village’s finances can withstand variations in the village’s cash flow, but that the Treasurer is also to replace such borrowed funds as soon as practicable; seconded by Stockhausen.

Motion prevailed by a voice vote of 7-0.

2. Consideration of a claim from Midstate Amusement Games, LLC in the amount of $368.65 plus interest due to alleged unlawful taxation.

Trustees examined a statement from Grota Appraisals indicating that many taxpayers which had previously reported assets as “Schedule D” (Furniture, Fixtures, & Equipment) for many years had now began claiming that their assets should instead have been classified as (newly tax exempt) “Schedule C” (Machinery). The Appraiser recommended that the claim be denied.

Motion by DeLuka to deny the claim; seconded by Sackett.

Motion prevailed by a voice vote of 7-0.

BUSINESS FOR CONSIDERATION

3. Appointment of Courtney Steger as Sanitary Sewer Superintendent at the rate of pay at the beginning of the pay range corresponding to the position.

  • Trustees asked when the pay raise would take effect. The Administrator responded that if approved, the raise would be retroactive to the start of the pay period, without overlapping the term of service of the prior Sanitary Sewer Superintendent.
  • The Board briefly discussed personnel coverage in the event of time off or emergencies given the current part-time vacancy remaining in the department due to Mr. Groleau’s departure. The Administrator provided that Ms. Steger has requested that DPW Superintendent Wendleborn be allowed to temporarily aid her department until a more permanent action could be determined. Other options for long-term answers include hiring a part-time replacement to Mr. Groleau’s previously contributed hours, or to contract with an experienced retiree for advising and emergency purposes. Trustee DeLuka asked that Ms. Steger plan to report back to the board at a later date on her preference.
Motion by Chesak to grant the Administrator approval to promote Ms. Courtney Steger to the full-time position of Sanitary Sewer Superintendent; seconded by DeLuka.

Motion prevailed by a voice vote of 6-1. (No: Stockhausen).

4. Stantec Consulting Services presented a verbal informational report and a written generalized service proposal including a needs assessment and coordination plan for building options at a cost of $3,250.

This item was laid over at the January 23, 2020 COW meeting.

  • A written contract was made available for board consideration.
  • Amanda Schaefer and Christian Moring from Stantec presented and responded to Trustee questions on the concept of consulting with Newburg to create a defendable plan for the 2020 budgeted building to service the DPW, Sanitary Sewer, and Police departments.
  • Ms. Alexander informed the board the contract needed review by the village attorney prior to signing and offered that the item could either be laid over or the board could approve pending any changes deemed necessary by legal counsel. Of particular concern is the “boiler plate language” that would exempt the contractor from liability exceeding the financial value of the contract, as the village would want to retain the right to seek damages in the event they exceeded the amount paid to the consultant.
  • President Chesak shared that she had called a local builder and asked if they could provide planning services at “no cost” as part of a building design/purchase and they agreed that they could. She also shared concern that the engineers/consultants may not be necessary.
  • Ms. Alexander stated that the board should remain cautious about something being provided “for free” due to the TNSTAAFL (pronounced “tin-stah-ful”) concept, which means “There’s no such thing as a free lunch,” indicating that any “free” services would still be paid for by the village in another way. She also reminded Trustees that Graef had provided a quote for similar services at three times the price, in the $9,000 range; and that agreeing to work with a specific builder prior to a public bid process would violate state contracting and public bid laws.
  • Trustee DeLuka recognized that the various departments have competing needs and there is a flood plain involved in the area in which the village seeks to put a new building, so getting an outside analysis may be preferred.
  • Trustee Burkard expressed discomfort for the idea of a master agreement that would cover multiple engagements. Ms. Alexander shared that the master agreement would ease the administrative burden on the village because without it, she would have to go through a board pre-approval process each and every time the firm was to work for the village and a new contract would have to be written for each service.
  • Trustee Marquardt confirmed that a Stantec contract would not require a commitment to only that firm, prohibit the use of other firms, or require a certain level of spending over time and Stantec clarified that the master agreement proposed does not call for using their firm as the sole contractor, and does not require any specific or future amount of work; it would only outline the agreement by which the village’s relationship with Stantec would be guided.
  • President Chesak asked if the village is planning to move away from using Graef in the future. Ms. Alexander explained while that is the case with the particular project in question, and is a possibility in future projects, there was no intent to entirely end receiving services from Graef because of some of the specialized expertise the firm offers in certain areas.
  • Trustee Stockhausen encouraged that based on her perspective from hiring consultants for fire department work, the insight gained was invaluable to getting projects started and giving feedback.
  • Trustee DeLuka discussed the option between an 8% overhead charge versus being billed directly for incidental expenses and stated that it would be best to go with the 8% but for Stantec to plan to quote the village their fees inclusive of the overhead charges.
  • Trustee Marquardt and Chesak requested that Stantec create a second proposal for consideration at a future meeting that would quote a lower fee for fewer services. Stantec agreed to return with an alternative for the board’s consideration.

Motion by Chesak to lay over the Stantec Consulting Services Master Agreement and Task Order contracts to the February COW meeting, to be reconsidered after receipt of a second fee proposal; seconded by DeLuka.

Motion prevailed on a voice vote of 7-0.

5. Resolution 2020-2 adopting a revised and renewed “10-year Pavement Improvement Plan” for the Village of Newburg.

This item was laid over at the January 23, 2020 COW meeting.

  • Trustee Marquardt expressed strong concerns that Hwy MY, now the responsibility of the village, is falling apart and needs to be addressed immediately. The plan’s call for work in 2021 would not be sufficient.
  • Mr. Wendelborn explained that the planning is laid out on a timeline that acknowledges that MY was not the most urgent need according to the PASER ratings completed in late 2019, and that by planning it in 2021, the village could achieve cost savings by doing two projects at the same time, avoiding trip charges from the county or other contractors.
  • After at length discussion of those points and an absence of interjection by other members of the board, Mr. Wendelborn agreed to move up the timeline for at least basic work for Hwy. MY to be completed before June 2020.

Motion by Sackett to approve the 10 year plan as presented; seconded by DeLuka.

Motion prevailed on a voice vote of 6-0-1. (Abstaining: Beimborn).

6. Proposal from Total Energy Systems, LLC for a planned maintenance agreement spanning 5 years for the purpose of servicing the sanitary sewer generators. This item was laid over at the January 23, 2020 COW meeting.

Motion by Marquardt to approve entering into a 5-year contract with Total Energy Systems, LLC for servicing the sanitary sewer generators; seconded by DeLuka.

Motion prevailed on a voice vote of 7-0.

Note: Item 7 was taken out of order prior to Item 1.

7. Discussion and possible consideration of a request from the Newburg Fire Department to be allowed to build a pump house nearer to the property line between NFD and village owned property than ordinances typically allow; recognition that the property is “un-zoned.”

  • Brad Karnitz and Paul Fahey appeared on behalf of the Newburg Fire Department to explain the importance of the project proposed in relation to accessing sediment-free water that will not damage NFD machinery. The NFD wishes for the village to move as quickly as possible so the project can proceed without delay. NFD handed out additional maps to board members, showing that “Option A” would entail building on NFD property near the lot line and “Option B” would entail an easement to build on village property, also near the lot line.
  • Building Inspector Walter Grotelueschen disclosed his relationship to the NFD, and explained that he believes he has no ability to either grant or deny the NFD request due to the area in question being un-zoned.
  • Ms. Alexander explained that the village has two roles in the decision-making process, both as the government granting permit authority and as the adjacent landholder (neighbor) granting permission (or non-objection) to potential infringements to lot-line setback rights.
  • Mr. Grotelueschen requested to have a meeting with the village attorney to clarify how to proceed. Ms. Alexander agreed to set up such a meeting and to also invite the NFD to participate.
  • President Chesak and Trustees Beimborn and Stockhausen announced abstention from the vote.

Motion by Sackett to support the processes necessary to allow the fire department to move ahead with their plan A (on NFD owned property) or, if not possible, plan B (on village owned property), as presented, including a pledge not to object as a connected property owner, to the fire department building close to the lot line for the purposes as presented; subject to any interjecting legal opinion from the village attorney; seconded by DeLuka.

Motion by DeLuka to amend the primary motion by deleting plan B from inclusion in the approval; seconded by Marquardt.

Motion to amend the primary motion prevailed by a voice vote of 3-1-3 (No: Sackett; Abstaining: Chesak, Beimborn, Stockhausen).

Motion (as amended exclusive of Plan B) prevailed by a roll call vote of 3-1-3. (No: Sackett; Abstaining: Chesak, Beimborn, Stockhausen.)

8. Resolution 2020-3 authorizing the Clerk to register voters on voting day at the polling place. This authorization is required under state law if such is to be allowed.

Motion by DeLuka to adopt resolution 2020-3; seconded by Marquardt.

Motion prevailed by a voice vote of 7-0.

ADJOURNMENT

Motion by Marquardt to adjourn; seconded by Beimborn.

Motion prevailed by a voice vote of 7-0.