VILLAGE OF ORFORDVILLE
Regular Board Meeting
Monday, July 22, 2019 at 7:00 P.M.
Orfordville Village Hall
Main Board Room
CALL TO ORDER
President Gary Phillips called the meeting to order at 7:00 p.m. Present were President Phillips, Tina Suiter Meyers, Beth Schmidt, Terry Gerber, Nikki Tuffree, Jason Knox, and Village Attorney Tim Lindau. Also present were Mike Eggleston, Chief Raupp, Nick Todd, and Deputy Clerk Laura Wickstrum. Clerk Waege arrived at 7:15 p.m. Absent was Chuck Boyce.
Deputy Clerk Wickstrum verified that on July 18, 2019, copies of the agenda were delivered to the President and trustees; and posted at the Farmers & Merchant’s Bank, Village Hall and the Library. There were no additions made to the agenda.
Motion by Knox, seconded by Gerber to approve the minutes of the regular board meeting of July 8, 2019, and Special Board Meeting of July 15, 2019. Motion carried.
CITIZENS WISHING TO BE HEARD
Mike Eggleston asked if the Village currently has a comprehensive 20 year plan. President Phillips informed him that we do; however it has not been updated. Eggleston also asked if the Village was aware of existing covenants relating to the property for sale on the end of Church Street.
President Phillips stated that estimates will eventually be presented to the board concerning costs associated with a potential dog park within the Village.
Fiber Optic with Sonic Internet. AJ Becker was not present. No discussion was held. No action taken.
Maintenance Agreement for the generator at the wastewater treatment plant. Todd informed the board that the service contract for the new Cummings generator which will operate the entire treatment facility in the event of a power outage. The cost of the five year agreement is $7,281.93 will to be paid out incrementally. Motion by Gerber, seconded by Knox to approve the Public Works Committee Recommendation to approve the five year service agreement for the Cummins Generator at the Wastewater Treatment Plant at the cost of $7,281.93 Motion carried.
Operator License. Motion by Knox, seconded by Gerber to accept the Police Committee recommendation to approve the Operator License for Melody NIghtengale to expire June 30, 2020. Motion carried.
Emergency Plan. Motion Tuffree, seconded Knox to accept the Police Committee recommendation to adopt a new Emergency Plan which will be in coordination with Rock County Management. Motion carried.
Purchase New Squad Car. Motion by Tuffree, seconded by Schmidt to accept the Police Committee recommendation to purchase a new squad from Burtness Chevrolet for the cost of $36,893.00, which is the base price. Motion carried.
Amend Parking Ordinance 304-16(9) (A). Motion by Knox, seconded by Tuffree to accept the Police Committee recommendation to amend Ordinance 304-16(9)(a) to allow the residents in the 400-500 block of W. Beloit Street to park during school hours. Motion carried.
General Property Ordinance246-4(B). Chief Raupp explained that he would like to add the Police Department to the enforcement section of the ordinance. Motion by Knox, seconded by Gerber to amend ordinance 246-4(b) to add the Police Department to the enforcement section. Motion carried.
Landscaping at the Wastewater Treatment Plant. Todd explained that there is a $5,000.00 allowance left in the grant for landscaping at the wastewater treatment plant. The Public Works Committee will discuss at their meeting in August. No action taken.
Developers Agreement. Attorney Lindau discussed the revisions to the agreement that he would like to implement. No action was taken. The Developer Agreement will be approved on an individual basis as lots are sold.
Motion by Gerber, seconded by Schmidt to approve the vouchers for $23,256.59. Motion carried.
Motion by Gerber, seconded by Tuffree to go into closed session at 7:42 p.m. pursuant to Wisconsin State Statutes 19.85 (1) (e) to deliberate or negotiate the purchase of public properties, the investing of public funds, or to conduct other specified public business whenever competitive or bargaining reasons require a closed session-specifically the negotiation of the Offer to Purchase of Village owned land located at the end of E. Church Street known as Parcel 6-24-175.903. Roll Call Vote- Suiter Meyers, Schmidt, Gerber, Tuffree, Knox, and President Phillips-all YES. Motion carried.
Reconvene. Motion by Gerber, seconded by Suiter Meyers to reconvene into open session at 8:42 p.m. Roll Call Vote- Suiter Meyers, Schmidt, Gerber, Tuffree, Knox, and President Phillips-all YES. Motion carried.
Motion by Tuffree, seconded by Schmidt to accept the offer to purchase with Next Generation Construction, LLC with the following changes: Cap permit fees at $1,000.00 in light of the fact that the parcel is undevelopable as an outlot (as it will need to be platted) and also due to the significant cost for the buyer to rezone and develop the property, add 90 days to line 310, add 90 days to line 353, require the $15,000.00 park contribution be paid at closing, and the following as is where is language “AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONTRACT, PURCHASER AGREES TO ACCEPT THE PROPERTY ON AN “AS IS” AND “WHERE IS” BASIS, WITH ALL FAULTS AND ANY AND ALL LATENT AND PATENT DEFECTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY, ALL OF WHICH SELLER HEREBY DISCLAIMS, EXCEPT FOR SELLER’S WARRANTIES, WHICH ARE SET FORTH IN THIS SECTION 6. EXCEPT FOR SELLER’S WARRANTIES, NO WARRANTY OR REPRESENTATION IS MADE BY SELLER AS TO (A) FITNESS FOR ANY PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) DESIGN, (D) QUALITY, (E) CONDITION, (F) OPERATION OR INCOME, (G) COMPLIANCE WITH DRAWINGS OR SPECIFICATIONS, (H) ABSENCE OF DEFECTS, (I) ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCES, WASTE MATERIALS OR THE ENVIRONMENTAL CONDITION OF THE PROPERTY, (J) ABSENCE OF FAULTS, (K) FLOODING, OR (L) COMPLIANCE WITH LAWS AND REGULATIONS INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT. PURCHASER AGREES THAT PURCHASER HAS ENTERED INTO THIS CONTRACT WITH THE AGREEMENT TO MAKE AND RELY UPON ITS OWN INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC USE, COMPLIANCE, AND LEGAL CONDITION OF THE PROPERTY AND THAT PURCHASER IS NOT NOW RELYING, AND WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY SELLER OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER OR ON SELLER’S BEHALF CONCERNING THE PROPERTY, EXCEPT FOR SELLER’S WARRANTIES”. Motion carried.
Motion by Tuffree, seconded by Schmidt to go into closed session at 8:44 p.m. pursuant to Wisconsin State Statutes 19.85(1) (e) to deliberate or negotiate the purchase of public properties, the investing of public funds, or to conduct other specified public business whenever competitive or bargaining reasons require a closed session- specifically to discuss the contract with the Town of Plymouth for Sanitary Service. Roll Call vote-Suiter Meyers, Schmidt, Gerber, Tuffree, Knox, and President Phillips-all YES. Motion carried.
Reconvene. Motion by Gerber, seconded by Knox to reconvene into open session at 9:07 p.m. Roll Call Vote-Suiter Meyers, Schmidt, Gerber, Tuffree, Knox, and President Phillips-all YES. Motion carried.
Motion by Gerber, seconded by Tuffree to send a letter to the Town of Plymouth which gives 90 days to terminate the contract, or to January 1, 2020 in the event of a hardship for the Town of Plymouth. Motion carried.
Motion by Knox, seconded by Suiter Meyers to adjourn at 9:08 p.m. Motion carried.
Laura Wickstrum, Deputy Clerk
Sherri Waege, Village Clerk
Gary Phlllips, Village President