DATE: September 30, 2008
PRESENT: Paul Endres, Virgil Hartje, Joan Fordham, Tom Bychinski, Bill Higgins
OTHERS PRESENT: Tim Stieve, Bill McClary, Jeri Zuber, Fred Poehler, Henry Netzinger, Terri Langer, Art Carlson, Dave Lasker, Kerry Beghin, Marty Krueger, Kim Gochanour, Dale Jaedike, Representative from Cellox, LLC, Media
1. Called to order at 4:00 p.m. by Paul Endres. The open meeting law requirements were met.
2. Motion by Bychinski, second by Hartje to adopt the agenda. Motion carried.
3. Minutes to be approved at a later date.
4. Public Comment - Tom Kraemer of Kraemer Brothers requested to address the group.
Motion by Fordham, second by Hartje for Mr. Kraemer to make comments during the discussion of waiving irregularities in McGann Construction Bid (Agenda item #6). Motion carried.
5. Communications - None
6. Discussion of resolution waiving the irregularities in the McGann Construction Bid.
Clarification by Endres. Vote on waiving the irregularities in the McGann Construction Bid held at the last meeting was a very close vote, so felt it appropriate to bring the item back for further discussion. Felt the resolution to waive irregularities was important enough for consideration of the whole board, not only the Building Committee.
General discussion followed regarding the bid document and what the requirements were regarding documents to be sent and time frames. Bid documents state that all paperwork had to be in by Monday, September 22 at 2:00 p.m., 2008. Corp Counsel stated that the bid document for both Kraemer and McGann were completed and signed appropriately. The additional paperwork from McGann was not sent until Tuesday, September 23. The instructions to bidders did provide that this committee and the full County Board of Supervisors are free to reject any bids that are in any way incomplete, irregular or unresponsive. The Building Committee was created "to provide project oversight and policy making authority" not given authority to contract on behalf of Sauk County or to waive irregularities - make recommendations only.
Resolution in front of this committee states that the irregularities should be waived. We can change the resolution to read not waive the irregularities. Can then send the amended resolution to the full board.
Motion by Hartje, second by Endres to reconsider the vote on waiver of bid irregularities.
Discussion followed. Corp Counsel indicated the above decision will not be advantageous to one party or the other and that it is not material. Mr. Kraemer felt that the process is what is in question. The bid form clearly stated that information in section 8 of the bid form must be in by 2:00 p.m. on September 22, 2008.
Per Corp Counsel - motion to reconsider the vote is not ammendable and requires a majority vote. That needs to be voted on first. Then committee should take up the vote to waive.
Roll Call Vote: Hartje - Aye; Fordham - Aye; Bychinski - Aye; Endres - Aye; Higgins - Aye
Motion carried.
Motion by Hartje, second by Fordham to recommend to the full board that the bid irregularities of McGann Construction not to waived.
Roll Call Vote: Hartje - Aye; Fordham - Aye; Bychinski - Aye; Endres - Nay; Higgins - Nay
Motion carried.
Amended resolution was read to committee.
Architect requested contingency amount be changed but item was not on agenda. Will be discussed at next meeting.
Motion by Hartje, second by Higgins to adjourn. Motion carried.
Joan Fordham, Secretary