MINUTES

FINANCE COMMITTEE

Tuesday, December 11, 2007
City Hall, Room 604

5:30 P.M.

 

MEMBERS PRESENT:  Chairman John VanderLeest, Ald. Tony Theisen, Ald. Steven Deneys, and Ald. Tom Weber

 

MEMBERS EXCUSED:  None

 

OTHERS PRESENT:  Dawn Foeller, Chief Stauber, Carl Weber, Linda Dupuis, Bill Landvatter, and Others

 

1.  Roll Call.  

 

Chairman John VanderLeest called the meeting to order at 5:35 p.m.; all members were present. 

 

2.  Approval of the Agenda.

 

A motion was made by Ald. Deneys, seconded by Ald. Weber and carried to approve the Agenda.

 

3.  Approval of the minutes of the Finance Committee meeting of October 30, 2007.

 

A motion was made by Ald. Weber, seconded by Ald. Deneys and carried to amend the minutes of the Finance Committee meeting of October 30, 2007 to show that Ald. Theisen was present instead of excused.

 

4.  Request by Halron Lubricants, Inc. to waive false alarm fees.

 

Brad Johnson of Halron Lubricants explained that the building’s entire security system has been replaced because of problems with the old system and that the company had tried to cancel the calls in question.  Fire Chief Stauber said a new policy in effect does allow a call to be cancelled if Dispatch receives a confirmation code from the company.  These calls would probably have been cancelled had that policy been in effect at that time.  

 

A motion was made by Ald.  Weber, seconded by Ald. Deneys and carried to waive the Halron false alarm fees in the amount of $125.

 

5.  Request by Honeywell International to submit their third phase energy efficiency proposal.

 

Ald. VanderLeest said he asked that lighting in the parking garages be checked some time ago to see if a potential for energy savings existed, and if so, to have an RFP issued.  He did not know if this was the response to that request. 

 

Public Works Director Carl Weber said the proposal before us tonight was not the response to that specific request but one that incorporates a host of projects under various departments.  He also stated that the City has been looking at energy saving options for several years.  He is involved because of ramp lighting.  Other departments such as IT and Police have seen failures in their A/C units with the departments operating on backups since the failures.  The cost of all improvements in this proposal is estimated at about $1.45 Million.  The use of a performance contract allows for quicker payback and includes a financing package that combines incentive grants and energy savings for a gamut of projects vs just one or two. 

 

Mr. Weber said the responsibility of a contractor under a performance contract is to evaluate areas to determine what type of improvements can be made as well as the amount of energy savings.  They then put together a group of designers and contractors to carry out the plan and provide a financing mechanism to do the initial improvements, as well as guarantee that the energy savings will be as projected.  The contractor is obligated to pay the difference if the savings are not met.  To ensure that competitive proposals were obtained, the City supplied a list of electricians and lighting suppliers, and Honeywell will get competitive proposals from the list of local electrical contractors who have asked to be involved in this type contract.  The contract for this proposal was publicly noticed and no other contractors have come forward.  Ald. VanderLeest stated he knew of other interested parties who may not have seen the public notice.  Mr. Weber said that was the purpose of putting the ad in the paper.  One response was received, from a vendor who was interested in only one part of it. 

 

Ald. VanderLeest wanted a full RFP sent out to ensure that savings are maximized.  Mr. Weber explained that Honeywell did the City’s legwork on the grant and determined what else was necessary to be done.  Honeywell is the overall performance contractor, but they use suppliers and maintenance contractors to do the actual work.  The company Ald. VanderLeest referred to can notify the City of its interest in doing the performance contract, or they can notify DPW if they are an interested party in one of the products, and DPW would pass them on to Honeywell.  Lighting retrofits are proposed at three fire stations, two garages, and the parking facilities.  A company could submit on the specs for whichever part of the job it may be interested in, or submit a proposal, if able to cover all aspects. 

 

A motion was made by Ald. Deneys to open the floor to let interested persons speak.  It was seconded by Ald. Weber and carried. 

 

Mr. Jim Krol of Honeywell said he is part of the team involved with the performance contract and stated they had worked with phase one in 2001 and phase two in 2003, both of them very successful.  Performance contracting is covered under Wis. Act 33, and all State buildings use that form of contracting.  This method is very efficient and transfers the risk from the City to the vendor if problems, such as missed equipment, arise, in which case the vendor is responsible.  The project must be bonded by the performance contractor for the entire term, in this case 10 years. 

 

Mr. Krol said performance contracting brings financing and the technical solution together.  The financing rate is now under 4% for a 10-year period.  Grants available through the State and Focus on Energy represent over $540,000 favorable to the City.  This is a comprehensive way of doing a project, with engineering, approvals, permits, and project management all included.  An agreement with the City states they would utilize the cost proposals of any contractor wanting to participate in different parts of the project, and if less than that proposed, the lower cost one would be used.  Timing is an issue because financing rates fluctuate and incentives may not continue.  All engineering and financial information provided is firm; there is no risk to the City.  Based on how the ad was published, they could use other contractors. 

 

Mr. Krol said it has taken well over six months to get to this point, costing Honeywell many thousands of dollars.  In September, 2006, they presented the energy audit for Phases 1 and 2 to the Improvement & Services Committee and asked for approval to begin investigating a third phase.  The I&S Committee authorized entering into a memorandum of understanding that if energy savings for the third phase could be found, the Committee would be in favor.  Only those improvements that would pay back would be brought to Council for approval. 

 

Ald. Weber asked if this was a continuation of phase one or two, and Carl Weber said this is a stand-alone project, not tied in with phase one or two.  Honeywell has a good record with those phases.  If they were to separate, the City would have to start over getting Focus on Energy approval, contract out for the design/analysis work, and also seek out financing. 

 

Ald. VanderLeest asked how the City can be sure this is the best deal available, and Mr. Krol responded that Honeywell has a solid track record, with a guarantee involved to protect the City in the event that something goes wrong.  There is also positive cash flow and the project does not involve any tax levy to cover capital improvements. 

 

Carl Weber asked Mr. Krol to speak to his process for getting competitive quotes from the sub contractors, and to report out to the Committee before beginning the project to be certain that local contractors had the opportunity to participate and also that competitive costs are obtained.  Mr. Krol said they were provided with a listing of electrical contractors and would contact each for a proposal.  They also have their own proposal and specifications for the project, and Honeywell would come back with cost information.  If less, they would provide an addenda on the project for the City for the reduced amount of money. 

 

A motion to return to regular order of business was made by Ald. Theisen and seconded by Ald. Deneys.  The motion carried.

 

Ald. Theisen said he appreciates the information and concerns, but felt we have entered into a process, with intent on both sides.  He thought it best to see if anyone else is interested in bidding with Honeywell.  Ald. Weber said he hated to turn back at this point, and was comfortable with Honeywell.  Ald. VanderLeest said he would have preferred issuing an RFP in the hope of possibly getting a better deal on such a large project. 

 

Ms. Dupuis asked if the City will be allowed to purchase the items directly, so that sales taxes can be avoided.

 

Ald. Theisen made a motion to suspend the rules to let interested parties speak.  The motion was seconded by Ald. Deneys and carried. 

 

Mr. Krol said Honeywell can have the City purchase directly.  The chiller is the largest purchase item, and a considerable amount could be saved.  Ms. Dupuis asked that the City purchase as many items as we could directly to save the sales tax on the goods. 

 

Ald. Theisen made a motion to return to the regular order of business.  It was seconded by Ald. Weber and carried. 

 

Ald. Theisen made a motion to approve the performance contract not to exceed the $1,447,892 provided in the contract.  It was seconded by Ald. Weber, with the ability by the City to purchase items directly to save on sales tax.  A vote was taken, and the motion carried with Ald. VanderLeest voting “nay.”

 

DPW Director Carl Weber said this was not a defined project until Honeywell started its work.  It is not a DPW project -- several different departments were involved, and it is an opportunity to leverage the energy savings from one area to take care of replacing a 30 year chiller using a financing mechanism other than bonding. 

 

6.    Request by the Park, Recreation & Forestry Director to transfer $20,000 from Swimming Pool Seasonal Salaries (101-60-660-000-50003) to Swimming Pool Contractual Services (101-60-660-000-53001) for the purpose of recaulking the entire Colburn Pool basin.

 

Parks Director Bill Landvatter explained there is now significant loss of heated and treated water, a triple expense, and that the entire surface must be recaulked if the pool is to remain open.  Comptroller Dawn Foeller recommended that the money be transferred to the Park Capital Project Fund.

 

A motion was made by Ald. Theisen, seconded by Ald. Weber, and carried to approve the request by the Park, Recreation & Forestry Director to transfer $20,000 from Swimming Pool Seasonal Salaries (101-60-660-00-50003) to Park Capital Project Fund (410-60-600-000-49210) for the purpose of recaulking the entire Colburn Pool basin.

 

4.  Report of the Purchasing Agent:

 

a.  To approve sewer castings from Neenah Foundry for DPW for $47,221

 

A motion was made by Ald. Deneys, seconded by Ald. Weber, and carried to approve sewer castings from Neenah Foundry for DPW for $47,221.

 

b.  Video detection equipment for DPW Traffic from low, responsive vendor for an estimated $16,000.

 

Purchasing Agent Linda Dupuis explained that these are the four-directional video vehicle detection systems used in intersections.  They will be installed and programmed by City staff.  She asked for approval to go with the low, responsive vendor in order to purchase in 2007. 

 

A motion was made by Ald. Theisen, seconded by Ald. Deneys, and carried to approve video detection equipment for DPW Traffic from low, responsive vendor for an estimated $16,000.

 

c.  City-wide contract for prescription safety glasses from Aero Company/A.O. Safety for an estimated $17,350.

 

The City had been purchasing under a much older contract and found there would be cost savings by going with the State contract.  This would be set up City-wide with the Risk Management Department. 

 

A motion was made by Ald. Deneys, seconded by Ald. Weber, and carried to approve a city-wide contract for prescription safety glasses from Aero Company/A.O. Safety for an estimated $17,350.

 

d.  To approve a Fisk Park Cellular lease revenue and term revision.

 

The Committee may convene in closed session pursuant to Section 19.85(1)(e), Wis. Stats., for purposes of deliberating or negotiating the sale or lease of public properties, investing of public funds as necessary for competitive or bargaining reasons.  The Committee may thereafter reconvene in open session pursuant to Section 19.85(2), Wis. Stats., to report the results of the closed session and consider the balance of the agenda.

 

A motion was made by Ald. Weber, seconded by Ald. Deneys and carried to enter into closed session.

 

Closed session followed.

 

A motion to return to open session was made by Ald. Weber, seconded by Ald. Theisen, and carried.

 

A motion to approve the lease and terms contingent upon legal review was made by Ald. Theisen, seconded by Ald. Deneys, and carried.

 

5.  Report of Overtime.

 

Ms. Foeller had provided the overtime report through the month of November.  She said some figures will change with year-end allocations.  Chief Stauber was asked to return with an update on Fire Dept. overtime.  He showed an increase in light duty – mostly workers compensation cases.  Family Medical Leave is an increasing problem, but sick leave use is down. 

 

Ald. Theisen asked how much was spent in 2006 for paternity leave and what overtime costs would be associated with it.  He said most companies don’t allow sick leave to be carried over from year to year, as the City does.  Ms. Foeller said FMLA is a Federal and State issue and when looked at recently, 250-300 requests were made of the City, or 25% of the work force. 

 

A motion was made by Ald. Deneys, seconded by Ald. Theisen and carried to receive and place on file the Report of Overtime; also request Human Resources to bring forward to the next Finance meeting the number of FMLA requests made of the City for the last 5 years and to draft a resolution to State and Federal legislators to review and update FMLA language that reduces the scope of when FMLA can be used.

 

9.  Report of the Finance Director:

 

a.  Banking Services RFP.

 

Ms. Foeller said the City went out for a banking services RFP and incorporated the request with Brown County.  Chase and Associated Bank were brought in for interviews.  After review, it was decided to remain with Associated Bank, at a savings of about $3,000 annually over the current contract with Associated Bank.  Another consideration was that Associated Bank makes local decisions locally, rather than having to go to Milwaukee or Columbus, OH, for approval, as was possible with Chase. 

 

A motion was made by Ald. Theisen, seconded by Ald. Deneys and carried to receive and place on file the Banking Services RFP.

 

A motion to adjourn was made by Ald. Weber, seconded by Ald. Theisen, and carried.  The meeting was adjourned at 7:27 p.m.

 

2007 CONTINGENCY FUND

$189,700.00

 

Any person wishing to attend who, because of a disability, requires special accommodation should contact the Mayor’s office at 448-3005 at least 24 hours before the scheduled meeting time so that arrangements can be made.

Please take notice that it is possible that additional members of the Council may attend this committee meeting, resulting in a majority or quorum of the Common Council. This may constitute a meeting of the Common Council for purposes of discussion and information gathering relative to this agenda.