Home Page: Meeting Minutes
|
February 16, 2009 Special Board of Supervisors Meeting
Monday, February 16, 2009
Special Board of Supervisor Meeting
A Special Meeting of the Board of Supervisors was held in the Town Hall on Monday, February 16, 2009 at 12:15 p.m.
Chairperson Hoenisch called the Special Board meeting to order.
Chairperson Betty Hoenisch, Supervisor Tad Schult, Supervisor Sue Shore, Clerk Tammi Walter, Town Attorney Randy Frokjer and Attorney Scott Swid were present for this portion of the meeting.
Chair Hoenisch stated that the first item of business was discussion and possible action to approve the note, certificate and resolution for the $200,000.00 road project loan for 2009.
Chair Hoenisch introduced Attorney Scott Swid who is representing People’s State Bank. Attorney Swid explained that the new loan was a $200,000.00 two year term loan at 3.95% interest. The monthly payments would be $8,669.85 per month. Attorney Swid stated that his office had a new computer system installed and they were experiencing problems, consequently he did not have the loan documents with him this afternoon. He will e-mail the loan documents to Attorney Frokjer, Chair Hoenisch and Keith Baars at Peoples Bank for review before the tentative closing date on February 26, 2009.
Attorney Frokjer stated he would need to review the documents before the closing date; however the loan could be approved pending his review. Supervisor Schult made a motion to approve the 2009 road project loan under the terms stated here and approved the Town Chair and Clerk to close the loan at People’s State Bank after Attorney Frokjer reviews and approves the loan documents, seconded by Supervisor Shore. Motion carried.
Chair Hoenisch stated that the next item on the agenda was discussion and possible action to approve the “Request and Authorization to Transfer Domain Name” for Town’s website. She explained that this item had been tabled at the February 9, 2009 Town Board meeting to allow Attorney Frokjer time to review the 100 page Network Solutions Agreement for the Town’s domain name that is currently owned by Dee Bantz at Hess Law Office.
Attorney Frokjer explained that he is not comfortable with the Network Solution Service Agreement hold harmless clause. He said he would like to call Attorney Hess to request that Hess Law allow Dee Bantz to release the Town’s domain name without requiring the Town to sign the “Request and Authorization to Transfer Domain Name” document that has language he is not comfortable with. The Town Board felt this would be a good way to try to resolve the Town’s website domain name issue.
Chair Hoenisch stated the next item of business was the TEA Grant coordination and outreach meeting. She asked Clerk Walter to pass out a sign in form for everyone in attendance to sign. Everyone present introduced themselves and stated what entity they were representing.
Monday, February 16, 2009
Special Board of Supervisor Meeting
Present were:
Betty Hoenisch, Town Chairperson
Sue Shore, Town Supervisor
Tad Schult, Town Supervisor
Tammi Walter, Town Clerk
Attorney Randy Frokjer, Town Attorney
John Edwards, 3M representative
Taylor Austin, 3M representative
Andy Walter, Tetra Tech Engineer
Joe Gehin, City of Wausau Director of Public Works
Joseph Benbenek, Wisconsin D.O.T. NCR – Rhinelander
Dennis Leny, Wisconsin D.O.T. – Madison
Don Uelman, Wisconsin D.O.T. Madison - TEA Program Manager
Troy Peterson, Cedar Corporation, Menomonie, WI
Chair Hoenisch turned the TEA Grant coordination meeting over to Don Uelmen, Wisconsin Department of Transportation — Madison TEA Program Manager.
Mr. Uelman explained that he would be following the agenda everyone had received which outlines the TEA grant criteria.
Mr. Uelman explained that when the N. 4th Avenue TEA grant is approved it would be a 50 / 50 cost share between 3M, Town of Maine, City of Wausau and Wisconsin Department of Transportation. Mr. Uelman stated that based on the current TEA grant application the projected reconstruction cost is $400,000.00. If the project’s final cost is that amount the TEA grant portion would be $200,000.00.
Mr. Uelman explained the Programmatic Environmental Report or PER requirements that need to be completed for the grant application. Part of the PER Report is an environmental report that also needs to be completed.
Mr. Uelman asked Joe Benbenek if the N. 4th Avenue reconstruction project would follow town road or collector road specifications. Mr. Benbenek said he would check with Dave Meurett at the Wisconsin Rapids office to determine whether N. 4th Ave is functionally classified as a collector street.
Discussion followed by the D.O.T. representatives regarding the type of design study report that will need to be submitted for the TEA grant. Chair Hoenisch asked Supervisor Shore to give her copy of Tetra Tech’s September 10, 2008 Geotechnical Exploration Report to Mr. Uelman and Mr. Peterson. They reviewed the report and asked Mr. Walters questions to determine if that report would meet the TEA grant design requirements.
Mr. Walters and Attorney Frokjer explained the truck data, boring tests, pavement rating software and American Asphalt’s asphalt data that was used in Tetra Tech’s report. It had been determined that 90% of the road damage was done by 3M traffic and 10% done by local traffic. The report also contained American Asphalt’s recommendation for type of pavement.
Monday, February 16, 2009
Special Board of Supervisor Meeting
Mr. Uelman said that per State Statutes this is considered a road repair project so the Town will need to complete another design report for the TEA grant. Town representatives felt it would be best to use Tetra Tech services because they have done the preliminary work that can be implemented into the design study, which will be cost effective. Mr. Uelman suggested that Mr.
Walters and Mr. Peterson work together on the design study.
Mr. Uelman distributed a checklist which shows the types of documents that need to be completed, the party responsible for completing that task and the date for completion. Mr. Uelman said he would e-mail a schedule and to all responsible parties so they can document when an item on the checklist is completed.
Next Mr. Uelman distributes copies of the sample Job Guarantee Agreement that must be completed by 3M and the Town. Mr. Uelman explained that based on the TEA grant application that had been submitted there must be 130 jobs retained by 3M for the next seven years or until March 2016. If 3M’s employment numbers fall below 130 employees the D.O.T. can seek reimbursement based on a prorated formula for jobs lost. The employment certificate is a critical part of the project he stated.
Mr. Edwards asked how the job retention was reported to the state. Mr. Uelman explained that 3M would need to file quarterly reports similar to the unemployment filing reports. Mr. Edwards stated that 3M’s HR would complete the job guarantee form quarterly.
Mr. Uelman explained that there is liability for the sponsor in this case the Town for accepting this grant. Mr. Uelman said that the D.O.T. is flexible and works with the Town and 3M thru bad economic times.
Discussion followed between the Town, 3M and Mr. Uelman regarding the risk to the Town. Mr. Uelman suggested that a rollover agreement be executed between the Town and 3M as the Town’s insurance policy for the jobs needed to be retained for the grant.
Attorney Frokjer asked Mr. Edwards how many employees 3M currently employs. Mr. Edward stated they have 151 employees at the Town of Maine grey stone quarry and at their Rosecrans manufacturing plant.
Discussion followed by the Town Board members, Attorney Frokjer, Mr. Edwards and Mr. Austin regarding the economy and 3M’s viability in the current economy.
Attorney Frokjer and Town Supervisors talked about the possible $200,000.00 that the Town would have to reimburse the D.O.T. should 3M have financial difficulties or be unable to fulfill the grant job commitment if the economy worsens. Mr. Edwards and Mr. Austin stated that 3M was doing very well even with the current state of the economy.
Chair Hoenisch explained that the Town had never qualified for any road grants and at the time Mr. Edwards stated he was working with Donna Seidel on funding to help reconstruct N. Fourth Avenue the Town was not aware of the liability issues. This is a new experience for the Town she said.
Monday, February 16, 2009
Special Board of Supervisor Meeting
Attorney Frokjer asked if the D.O.T. required interest on the amount owed if any jobs were lost and Mr. Uelman stated no.
Next Mr. Uelman explained that a resolution authorizing the submission of a Wisconsin
Department of Transportation Facilities for Economic Assistance (TEA) Grant application must be submitted stating that the Town is the sponsor. This resolution must be signed after the Town holds a public hearing so that taxpayers have an opportunity to express their opinion on the Town entering into the TEA Grant.
Mr. Uelman explained that the Town will have to complete an environmental, archeological and historical study. Mr. Walters said that Tetra Tech would be able to help the Town thru this process. Mr. Uelman said that the 18 page report and questionnaire worksheet is priority number one.
Mr. Walters asked if the cost for original engineering report that his company had completed for the Town could be submitted for TEA grant re-imbursement and Mr. Uelman said no. Any project work from here on can be submitted.
Mr. Uelman explained the process for the reconstruction project bids. The Town can solicit but must not award the bids until they receive final grant approval from the Department of Transportation. The Town can review the bids using the open competitive bid process. The lowest bid must be approved, however it must be a responsible bidder. The D.O.T. provides a list of irresponsible bidders and the Town cannot use a company that is on that list. The Supervisors had questions on the bidding process and whether this project must be bid separately from other 2009 road projects. Mr. Uelman said that no special bid language is needed and the N. 4th Avenue project can be bid with other Town project.
Next Mr. Uelman explained that the Town must complete a State / Municipal Agreement for a Transportation Economic Assistance Grant (T.E.A. Grant) . When the Department of Transportation central office says the project is approved Mr. Benbenek will e-mail this agreement to Chair Hoenisch. This agreement states that the Town is 100 % responsible for the project cost with 50% of those charges being reimbursed after the project is completed.
Mr. Uelman then distributed the Environmental certificate, TEA Project Right of Way certificate, TEA Project Bid certificate and TEA Project Completion certificate that must be completed. He said that Mr. Peterson at Cedar Corp will work with the Town and Mr. Walters on these certificates.
Mr. Uelman explained the reimbursement process. All project charges must be submitted to Mr. Benbenek. The state recommends that the Town send one invoice with a total of all project expenses. Copies of all project invoices and cancelled checks should accompany that invoice. The state will reimburse the Town 50% of the total project cost. The Town has three years from the date the project agreement is signed to seek reimbursement.
Mr. Uelman stated that Mr. Benbenek will be responsible for assigning an identification number
Monday, February 16, 2009
Special Board of Supervisor Meeting
for the project. Mr. Uelman will e-mail that ID number to Chair Hoenisch when he receives that
number from Mr. Benbenek. It is important that all TEA grant correspondence contain the project ID number.
Mr. Uelman said that he was going to start going thru the evaluation process and move toward the award process. He said he was aiming for an April 1, 2009 TEA Grant award date. He did
emphasis that the Town Board can solicit bids and review the bids but must not award the bids until the TEA Grant Agreement is approved.
Discussion followed on the road construction timeline that the Town and 3M were working toward.
In conclusion Mr. Uelman stated he would send documents to all responsible parties and will keep the schedule checklist up dated. Mr. Uelman said that the Town should contact him or Mr. Benbenek if they have questions. We are here to help you thru this process. He thanked everyone for coming and for their cooperation. Business cards were exchanged.
Next the Town Board met with Andy Walters from Tetra Tech. Discussion followed on what services Tetra Tech would be able to provide for the grant. Mr. Walters was instructed to prepare a quote for the engineering, historical study and an archaeology study. Mr. Walters said he will email the contract and quote to Chair Hoenisch.
The Town Board then met with John Edwards and Taylor Austin from 3M to discuss the Job Guarantee certificate and Road Maintenance Agreement.
Attorney Frokjer explained the risk that Town is taking on by accepting TEA Grant funds. He said we are here to work with 3M, however we have to protect the Town taxpayers. The Town Board agreed that an agreement must be reached with 3M to cover the Job Guarantee in order to proceed.
There was a lengthy discussion on the economy, 3M’s viability, 3M’s cooperation because they are benefiting the most from the TEA grant and the Town Board’s responsibility to their taxpayers. Attorney Frokjer asked if 3M would issue a letter of irrevocable credit to cover the TEA grant amount, which would remove the Town’s risk.
Mr. Edwards stated they were not prepared to make those decisions today and would need to get some answers from the corporate office.
Mr. Austin also suggested that they find out what type of cooperative road maintenance agreements have been worked out with other municipalities that have a 3M quarry within their boundary.
Attorney Frokjer asked Mr. Edwards to find out how 3M Corporate plans to pay their approximately 40% of the road project cost. Would it be one payment or several payments to the Town with the Town obtaining a road project loan. The Town will need this information so it can be included in the Road Maintenance Agreement.
Monday, February 16, 2009
Special Board of Supervisor Meeting
Item five discussion and possible action to approve the TEA Grant and a Road Maintenance Agreement for N. 4th Avenue was tabled until a special meeting is called.
Supervisor Schult made a motion to adjourn the meeting at 3:45 p.m., seconded by Supervisor Shore. Motion carried.
Respectively submitted and approved on March 9, 2009.
Betty Hoenisch
Archive:
August 19, 2009 Board of Supervisors special meeting
August 13, 2009 Board of Supervisors special meeting
August 10, 2009 Board of Supervisors
July 27, 2009 Board of Supervisors special meeting
July 13, 2009 Board of Supervisors
July 6, 2009 Board of Supervisors special meeting
July 6, 2009 Board of Supervisors Special Meeting
June 29, 2009 Board of Supervisors special meeting
June 15, 2009 Board of Supervisors special meeting
June 8, 2009 Board of Supervisors Meeting