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 Village of Menomonee Falls, Wisconsin

COMMITTEE OF THE WHOLE MEETING

 MINUTES

Monday, May 20, 2019

 
 
             
Village President David Glasgow called the meeting to order at 5:00 p.m.
 
Present:
Village President David Glasgow; Trustee Katie Kress; Trustee Randy Van Alstyne; Trustee Tim Newman; Trustee Jeremy Walz; Trustee Steve Taggart; Trustee Paul Tadda
Staff Present:
Village Manager Mark Fitzgerald; Village Attorney Michael Morse; Assistant Village Manager/Director of Public Works Arlyn Johnson; Village Clerk/Treasurer Janice Moyer; Director of Engineering and Development Tom Hoffman; Director of Public Services Anna Ruzinski; Director of Financial Services Jason Kaczmarek
  Motion by Trustee Jeremy Walz, second by Trustee Paul Tadda to move item number 7. "Village Attorney's report to the Village Board" to the first item taken by the Committee of the Whole.
  Vote: 5 - 2 Motion Carried
 
Nay: Trustee Randy Van Alstyne
  Trustee Tim Newman
             
Village Attorney’s Report to the Village Board on the May 6 actions of the Board of Trustees regarding the Village President’s proposed appointments of Village Trustees and citizens to various committees, boards and commissions

Village Attorney Mike Morse addressed the Committee of the Whole.  He stated the following: 
  • An independent opinion was sought regarding the Village Board's actions from the May 6 meeting because of the division on the board regarding the Village President's appointments to committees and commissions.
  • Attorney John Macy from Municipal Law & Litigation Group provided the independent opinion.  Attorney Morse is in agreement with the opinion.
  • Wis. Stats. 61.23(1), referred to as the "hold over law" by the courts was explained and discussed by the trustees.
  • Each committee or commission mentioned in the opinion was explained and discussed.
  • Trustees could resign their current position on a committee or commission.  If that would happen a vacancy would occur and an appointment could be made to fill the vacancy.
  • Wis. Stats. 17.13, defines removal from office. The law regarding removal from office at will or for cause was explained to the trustees.
             
Consideration of the acceptance of a proposal from KPRG and Associates, Inc. for the Remediation and Construction of the Mill Pond Parking Lot, Project #64070
Director of Engineering and Development Tom Hoffman presented on the topic.  The proposal from KPRG and Associates, Inc. was in the amount of $235,478.00.
             
Consideration of a Three Party Agreement between The Village of Menomonee Falls, The Wisconsin Department of Transportation and Ayres Associates, Inc for Design Services for the Lilly Road Bridge Replacement Project, I.D. No. 2720-09-00
Director of Engineering and Development Tom Hoffman presented on the topic.  The cost of the design contract is a not to exceed amount of $93,853.69 of which 80% ($75,082.95) will be federal dollars and 20% ($18,770.74) village funds. The funds for this project were included in the 2019 Capital Budget.  A sidewalk will be added to the west side of the bridge. 
             
Consideration of a resolution approving an offer to purchase and delegating final authority to the Village Manager to take all steps necessary to complete the acquisition of easements and a secondary residential building on property located at W169 N8676 Sheridan Drive and further identified by Tax Key Number MNFV0038991
Director of Engineering and Development Tom Hoffman presented on the topic.  The acquisition of the secondary residential building on the Maas property was necessary since it was constructed immediately adjacent to the existing easement and it would have been difficult and costly to work around.  The cost of $129,000 for this acquisition was included in the 2018 Capital Budget.
             
Consideration for Award of Contract for 2019 Curb and Gutter Replacement Program, Project No. 41214
Director of Engineering and Development Tom Hoffman presented on the topic.  He described the replacement areas.  Only one bid was received for the project.  Stark Pavement Corporation submitted a bid in the amount of $216,590.00.  The bid will be broken down into $16,500 for the concrete repair of water main break areas that will be paid by the Water Utility and $200,090 that will come from the 2019 Capital Budget.
             
Consideration of the Assessable Footages and Estimated Special Assessment Rates for the Town Line Road and Lisbon Road Water Main - Redbud Lane to Taylors Lane, Project No. 72058
Director of Engineering and Development Tom Hoffman presented on the topic.
             
ADJOURNMENT
  Motion by Trustee Tim Newman, second by Trustee Randy Van Alstyne to adjourn.
  Vote: 7 - 0 Motion Carried
  The Committee of the Whole adjourned at 6:29 p.m.
             
Minutes transcribed by Janice Moyer, Village Clerk Treasurer
Minutes approved on June 3, 2019

    

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