Personnel Committee

PERSONNEL COMMITTEE MEETING Wednesday June 13, 2018, 6:00 PM 1 Village Hall, 123 N. River St. For additional information, visit www.waterfordwi.org Call to Order Pledge to the Flag Roll Call Comments and Correspondence Public Appearances Reading and Approval of Minutes New Business 1. Review RFPs submitted for Village Attorney services. 2. Consider a motion to convene into Executive Session pursuant to Wisconsin State Statutes, Section 19.85(1)(c) to discuss Village Attorney service RFPs. 3. Consider a motion to reconvene into Open Session. 4. Consider a motion to take action, if required. Report of the Village Administrator Adjournment Public Notice Questions regarding the nature of the agenda items or more detail on the agenda items listed above scheduled to be considered by the governmental body listed above can be directed to Zeke Jackson, Village Administrator at 920-421-4457 or at zjackson@waterfordwi.org. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible preferably a minimum of 48 hours. For additional information or to request this service, contact the Village Staff at 262-534-7912, or by writing to the Village Administrator at the Village Administration Building, 123 N. River St, Waterford WI, 53185 Copies of reports and other supporting documentation are available for review at the Village Administrator’s Office, Administration Building, 123 N. River St, Waterford WI 53185 during operating hours. (8 a.m. – 5 p.m. weekdays). Posted: 6/8/18; 5:00 p.m. Village of Waterford | 123 North River Street | Waterford WI 53185 | 262.534.3980  1 Village of Waterford 2 2 Personnel Committee 3 Unofficial Minutes April 16, 2018 4 5 Chair Tamara Pollnow called the meeting to order at 6:02 pm 6 7 Present: Tamara Pollnow, Mary Miller, Kathy Nargis, Rebecca Bell, John Vaccaro 8 Others present: Rick Mueller, Zeke Jackson, Barbara Messick, Rick Mueller 9 10 Nargis motioned to approve 1-15-18 Minutes, second by Vaccaro. Motion carried. 11 12 Bell motioned to endorse recommendation of the Fire Commission to hire Tom Nehring as the Assistant Fire Chief 13 with pay and benefits as proposed, followed by a wage review for the 2019 budget; second by Vaccarro. Motion 14 carried. 15 Committee reviews resignation letter of Village Attorney Marcia Hasenstab and RFP proposal attorney services. No 16 motioned required. 17 18 Motion to adjourn into closed session to discuss personnel and employee benefits at 6:19 pm. 19 Roll Call Pollnow-aye Miller-aye Nargis-aye Bell-aye Vaccaro-aye 20 21 Pollnow motioned to reconvene into open session at 7:50, second by Nargis. Motion carried. 22 23 Motion by Bell to renew contract employment contract of Chief Mueller as recommended by Fire Commission, for 24 two years, retroactive to February 1, 2018; second by Nargis. Motion carried. 25 26 The committee reviewed of applicants and materials for the open position of Treasurer/Financial Officer. No action 27 taken. 28 29 Vaccaro motioned to adjourn a 7:55; second by Bell. Motion carried. 30 31 Submitted by 32 Barbara Messick, PIO  3 REQUEST FOR PROPOSALS: VILLAGE ATTORNEY SERVICES VILLAGE PROSECUTOR SERVICES VILLAGE OF WATERFORD, WI The Village of Waterford is soliciting proposals from attorneys and law firms interested in providing contract legal services as the Village Attorney, Village Prosecutor, or both. The successful firm must be able to provide a designated individual to serve as the Village Attorney and/or Village Prosecutor. The Village of Waterford is a growing community with a population of about 5,400. Waterford is located in Western Racine County and is governed by a Village President and six Trustees, all elected at large. The Village Administrator reports to the President and the Board. Village services include general government, a fire department, municipal court, public works, library, and water and sewer utilities. The Village contracts with the Town of Waterford for police services. The Village also contracts for building inspection, zoning administration, assessment services, engineering services, and audit services. The current Village Attorney is retiring at the end of August. The Village wishes to engage an attorney experienced in redevelopment, annexation and new development to take on work related to Village development, without supervision, immediately, eventually taking over the balance of the current attorney’s duties. PROPOSAL DEADLINE: May 30, 2018 Questions and submittals should be to the attention of: Zeke Jackson, Administrator 123 N. River Street Waterford, WI 53185 920-421-4457 zjackson@waterfordwi.org I. BASICS OF PROCESS: Statements and proposals should be submitted based on the following Scope of Services, Additional Services and any supporting documentation. The Village selection will be based on its evaluation of the written proposal, the Applicant’s qualifications and experience, client references, the areas of legal services that the Applicant is willing to provide, an oral presentation (if requested), and the overall fee structure. All proposals shall provide a straightforward, concise delineation of the Applicant’s capabilities to satisfy the requirements of the request. Emphasis should be on completeness and clarity of content. The Village reserves the right to waive any irregularities in proposals, to accept or reject any or all proposals for any reason, to negotiate with any attorney, law firm, or business, and to select one or more law firms deemed to have submitted a proposal which in the judgment of the Village is in the best interest of the Village. Proposals may be held by the Village for a period not to exceed 60 days from the date of the opening of proposals for the purpose of reviewing proposals and investigating the qualifications of the Applicant prior to the award of a contract. To  4 ensure fairness and uniformity, firms submitting responses are requested to not contact the Village Staff or the Village Board of Trustees, other than the Village Administrator as stated below. II. SCOPE OF SERVICES: A. The Village Attorney must be licensed to practice law, in good standing, in the State of Wisconsin. The Attorney provides all legal services needed by the Village in order to support the needs of the organization through the Village Board and Staff, except for occasional services that require unusual expertise such as serving as bond counsel, as follows: 1. Provide clear and concise legal advice (oral and written) as requested or required to the Village Board, Village Administrator, and Staff on a variety of matters pertaining to all aspects of village law. Contacts are typically made by email, telephone or text message and a response time of less than 24 hours is expected. 2. Research and interpret laws, court decisions and other authorities for preparing legal opinions and to advise the Village accordingly. 3. Draft, review, and/or revise documents when directed, including but not limited to contracts, ordinances, resolutions, legal memoranda, licenses, easement agreements, Village policies, notices, open records advice and responses, leases, deeds, permits, and staff reports. Clear, concise, well-organized writing is a prerequisite. 4. Make recommendations for updating Village codes, resolutions, and policies and practices. 5. Provide Village Staff with assistance, legal research and counseling on matters such as annexation, development and redevelopment, the acquisition or sale of property, preparation of leases, deeds and easements, contracts and agreements, operations governed by law, liability situations, government ethics and grant guidelines. 6. Represent the Village in intergovernmental projects and other matters, as needed. 7. Coordinate the work of outside legal counsel, as needed and directed by Village Administrator. 8. Prepare correspondence and other legal documents on behalf of the Village as directed. 9. Provide information regarding legislation or judicial opinions to the Village Board, Administrator, and Staff that have potential impact to the Village. 10. Represent and advise the Village Board, Village Officers, Boards and Commissions in all matters of law pertaining to their offices. 11. Attend regular and special Village Board meetings (open and closed sessions) as requested and advise the Board on matters on the agenda as well as procedural matters that may arise during and following the meeting. The Village Board meets at 6:30 pm on the second Monday of the month, and as needed on the fourth Monday. Special meetings are called as needed. 12. Represent the Village before governmental bodies and agencies to promote the interest of the Village as requested by the Village Administrator. 13. Provide guidance and legal advice on Wisconsin Open Meetings Law and parliamentary procedure. 14. Perform other duties as directed by the Village Administrator. 15. Non-routine Legal Services: The Village Attorney may represent the Village in litigation and mediation (civil, tort, liability, construction law/public works, general writ, etc.).  5 B. Village Prosecutor Services. The Prosecutor represents the Village in all courts. Municipal Court is generally held on the third Tuesday and Wednesday afternoons of the month. The Village Prosecutor provides the following services: 1. Prosecution of all municipal traffic violations. 2. Prosecution of all non-traffic ordinance violations. 3. Jury and non-jury trials, plea negotiations and agreements. 4. Work with Village Staff and Police Personnel in evaluating circumstances and determining whether to initiate/continue prosecutions in specific cases. III. PROPOSAL TYPES. The Village will accept the following proposal formats: A. Proposals that provide for all of the services outlined under the Work of the Village Attorney. B. Proposals that provide for all of the services outlined with exception to those listed under Prosecutor Services. C. Proposals that provide only for the services listed under Section III for Prosecutor Services. The Village reserves the right to select an individual or firm for Village Attorney excluding Prosecutor services, and a separate individual or firm for Prosecutor services based on evaluations of the proposals. IV. PROPOSAL FORM AND CONTENT. Proposals should provide a straightforward, concise description of the respondent’s capabilities to satisfy the requirements of this Request for Proposal, and should be easily reproducible. Not all the requested information may be applicable if you or your firm is submitting a proposal that excludes Prosecutor services or is for Prosecutor services only. All pages of the proposal must be numbered consecutively. The proposal should not exceed 15 pages in length. Resumes, licenses and work examples will not count against this page limit. The proposal should be organized in accordance with the list of proposal contents. Respondents may contact Zeke Jackson, Village Administrator, by email at zjackson@waterfordwi.org in order to setup a meeting prior to the submittal of the proposal as a means to gather information and conduct research about the Village. V. SELECTION PROCESS. The proposals will be reviewed by the Village Administrator and the Village Personnel Committee. Selected attorney(s) and/or firms will be invited for initial interviews with members of the Personnel Committee, and if a second interview is warranted, by all members of the Village Board of Trustees in open session. The formal contract outlining duties and compensation will be entered into with the successful attorney(s) or firm. The Village Board of Trustees will formally appoint a Village Attorney, who shall serve at the Board’s pleasure. The Village Attorney is an independent contractor and not a Village employee. The term of the Village Attorney will be determined by the Village Board. VI. BASIC APPLICATION INSTRUCTIONS.  6 Please read all pages in the Request for Proposal. Applicants are responsible for submitting their proposals to the appropriate location and prior to the time indicated in the specifications. No proposal will be accepted after the designated time or date indicated in the proposed specifications. No exceptions. Should an applicant have questions on the specifications, or find discrepancies or omissions in the specifications, the applicant shall notify the Village Administrator, and he will send written instructions to all law firms. The Village will not assume responsibility for any oral instructions, or interpretations of meaning of the specifications or other contract documents to any law firm by any person or persons. Whether a proposal is sent by mail or by personal delivery, the Applicant assumes all responsibility for having its proposal deposited to the office of the Village Administrator by the designated date and time. All proposals must provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the applicant. Please answer the questions in the format and order presented. (Submissions of individual resumes alone will not be considered a response to any specific question.) VII. PROPOSAL. The proposal shall specifically address the following: Legal name of attorney(s) or the firm and name of the individual proposed as Village Attorney; Address, telephone number, fax number, and e-mail address(s); Qualifications statement addressing: A. Knowledge of and experience with Wisconsin Municipal Law, including whether the applicant is qualified to practice employment law; B. Municipal or other local public sector experience, including experience with annexations, tax incremental districts, and development and redevelopment agreements and incentives; C. Information that will enable the Village Board to more fully understand the attorney(s) or firm’s qualifications and experience and/or specific information relevant to the Scope of Services of the designated Village Attorney, as set forth in Section II; D. A minimum of five professional references; E. A listing of all ongoing public sector and other major clients; F. If possible, specify name or names of attorney(s) proposed to act as substitute or backup legal representation for the Village in the event of the absence or unavailability of the designated Village Attorney; G. Current availability of designated Village Attorney; H. A cost proposal to provide the services identified in this request; and I. The proposed Engagement Agreement. VIII. FEE SCHEDULE. It is anticipated the attorney(s) or firm will propose a system wherein services are provided at a specified hourly rate. The proposal should include the hourly rate for  7 services. Such hourly fees shall include all office support services, operational, and travel costs. The Village reserves the right to accept or negotiate an acceptable fee structure. IX. GENERAL SUPPORT INFORMATION. The attorney(s) or firm selected by the Village must be accessible by phone and e-mail as well as have a facsimile machine available. The Village does not provide any office or clerical support for the position. Meeting rooms can be reserved for use, however, there is no dedicated Village office space provided. X. SUBMISSION OF PROPOSAL: Proposals in whole or in part, must be received by the Village Administrator by 5:00, May 30, 2018 Applicants must submit an original proposal and six copies. The Village will not be responsible for any expenses incurred by an Applicant in preparing, submitting or presenting a proposal. Six copies of each complete proposal shall be submitted in a sealed envelope bearing the caption: “Village of Waterford- Village Legal Counsel Proposal” and addressed to: Village of Waterford Attention: Zeke Jackson, Village Administrator, 123 North River Street, Waterford, WI 53185. All inquiries regarding this Request for Proposal and current legal services of the Village should be directed to Zeke Jackson, Village Administrator at zjackson@waterfordwi.org . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40  41 Legal Services Proposal: Waterford, WI Prepared By: Daniel M. Olson, J.D., M.A.P.P.A. Rose, Olson & Roth: Select Municipal Legal Services 314 Madison Avenue Suite 5 Fort Atkinson, WI 53538 608-520-2440 ror.law@yahoo.com  42 RFP RESPONSES Legal name of attorney(s) or the firm and name of the individual proposed as Village Attorney and Village Prosecutor: Daniel M. Olson Address, telephone number, fax number, and e-mail address(s): 314 Madison Avenue, Suite 5, Fort Atkinson, WI 53538 (608) 520-2440 ror.law@yahoo.com Qualifications statement: Mr. Olson, the Managing Attorney for Rose, Olson & Roth (“ROR”) and the Village Attorney/Prosecutor designee of ROR for the Village of Waterford is one of the most experienced local government and municipal lawyers in Wisconsin. He has more than 25 years of fulltime legal experience in local government and more than 20 years of municipal legal experience. His background includes experience as an Assistant Corporation Counsel (fulltime) for Barron County, Wisconsin; as Assistant Corporation Counsel (fulltime) for Portage County, Wisconsin; as Assistant City Attorney/Municipal Prosecutor (fulltime) for the City of Green Bay, and; currently, as Assistant Legal Counsel for the League of Wisconsin Municipalities. During the past 25 years, Mr. Olson has analyzed and answered thousands of local government and municipal law questions from annexation to zoning and everything in between. Mr. Olson has advised municipal officials on a vast array of employment law issues and managed public employment law cases. He is qualified to practice Wisconsin public employment law and advise officials on such matters. Mr. Olson is also very experienced with municipal development and redevelopment issues. He provided advice and counsel to the City of Green Bay on a variety of redevelopment and development issues during his time as an Assistant City Attorney and has assisted numerous communities across Wisconsin on similar 3  43 issues during his 17 years as Assistant legal Counsel with the League of Wisconsin Municipalities. Mr. Olson’s knowledge of annexation law and other land use and planning law is unmatched in Wisconsin. He co-wrote the current edition of the League of Wisconsin Municipalities’ “Annexation of Territory” manual. He has written more than a dozen published articles on land use law issues. Five professional references: Mr. Jesse Wesolowski, Esq. Mr. Remzy Bitar, Esq. Mr. Edward Antaramian, Esq. Mr. James Kalny, Esq. Ms. Catherine Munkittrick, Esq. A listing of all ongoing public sector and other major clients: Rose, Olson & Roth is a newly formed enterprise and does not have any other public sector or municipal clients at this time and anticipates that it will have no more than 3 municipal clients at any time in order to fulfill its selective and highly focused practice on municipal law and to provide comprehensive and highly responsive services to its select municipal clients. Name or names of attorney(s) proposed to act as substitute or backup legal representation for the Village in the event of the absence or unavailability of the designated Village Attorney: Mr. Olson is a highly respected municipal attorney and has longstanding professional relationships with firms and practitioners who are highly skilled in municipal law and will enter into a formal working relationship with them when he is engaged by the Village of Waterford as its Village Attorney and Village Prosecutor. Current availability of designated Village Attorney: Mr. Olson is immediately available to transition to status as the Waterford Village Attorney and Village Prosecutor within two weeks of his selection to those positions. 4  44 COST PROPOSAL Proposal 1: Hourly Contract Rate: Village Attorney and Village Prosecutor legal services at the flat rate of $75.00 per hour, which includes all administrative and support costs. Proposal 2: Annual Contract Fee: Up to one-thousand (1000) hours of attorney services per year for $50,000, which includes all administrative and support costs. Letter of Engagement: A letter of engagement will be provided for execution upon selection of one of the cost proposals. 5 45 46 47 48 49 50 51 52 53 54 55