Village Board Meeting Materials (PDF)
Village of Brown Deer · Milwaukee County · meeting of Aug 3, 2026 · Agendas
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VILLAG
E BOARD MEETING
Monday, August 3, 2026 at 6:00 p.m.
Earl McGovern Board Room And
Virtually by Computer & Phone
PLEASE TA
KE NOTICE that a meeting of the Brown Deer Village Board will be held at the Village Hall of the
Village of Brown Deer, 4800 West Green Brook Drive, Brown Deer, Wisconsin in addition to virtually. Public can
access this meeting of the Village Board by phone or by computer.
The phone number is: 1-301-715-8592. The Zoom Meeting ID is: 884 5297 4654 and the Passcode is: 039133
https://us02web.zoom.us/j/88452974654?pwd=rdTVTSSXivaICG2NQmt4QMtKjPw51n.1
The fo
llowing items of business will be discussed and possibly acted upon:
I. Roll Call
II. Pledge of Allegiance
III. Persons Desiring to be Heard – Email comments to cbrustmann@browndeerwi.gov by 4:00pm the day of the
meeting.
IV. Elected Officials & Staff Reports – No Discussion or Actions will be Taken on Reports
V. Consent Agenda
A) Consideration
of Minutes – July 20, 2026
B) Consider Approval of Kim Lechner to Plan Commission
VI. New Business
A) Present Update on Recreation Center with Cobalt Partners
B) Consider Approval of Service Agreement with BS&A
C) Consider Approval of Retail Sales Application with Wizard Works Brewing Company
D) Consider Amendment to the Donut Monster, LLC Offer to Purchase Property at 8725 N. Deerwood Dr
E) Consider
Approval of Resolution No. 26-07: A Resolution Approving 2027-2031 Capital Improvement Plan
for the Village of Brown Deer
F) Consider Approval of Resolution No. 26-08: A Resolution Declaring a Public Emergency Necessitating an
Exemption to Public Bidding Requirements
G) Consider Approval of Contract with New Roofs Inc. for Emergency Repairs at 8950 N. Arbon Drive – DPW
Material Storage Bin Roof Repair
VII. Adjournment
s/ Car
en Brustmann
Caren Brustmann, Village Clerk
July 30, 2026
The Village Board of Brown Deer currently holds meetings in person at Village Hall, or an alternative physical location as allowed by the Village
Code. As a courtesy to citizens, Board meetings will also be made available live on the Zoom virtual platform for viewing and possible participation.
However, the Village cannot guarantee the technology supporting the virtual viewing option will operate perfectly and continuously, or that the
platform will work with every computer or mobile device. The only way to guarantee the ability to offer public comment, or view the Board meeting
uninterrupted, is to appear in person. If the Zoom platform fails, the meeting will continue as scheduled.
PERSONS REQUIRING SPECIAL ACCOMMODATIONS FOR ATTENDANCE AT THE MEETING SHOULD CONTACT THE
VILLAGE CLERK AT LEAST ONE BUSINESS DAY PRIOR TO THE MEETING. PERSONS WHO DON’T COMPLY WITH THE
VILLAGE’S VIRTUAL ATTENDANCE RULES MAY BE SUBJECT TO REMOVAL.
STAFF
Several Meetings with Tyler Burkart, Village Manager
BOARD
Chairing the Board meeting on July 20tht, 2026
MEETINGS
Attended the Community Open Forum to discuss ideals for the Community Square.
Serving on the MMSD Advisory Committee for Audit Services.
Meeting with Brown Deer School District on Wednesday, July 29th, 2026
CONSTITUENTS
EVE
NTS
Attending Community Breakfast Meeting at Family Table (second Friday of each month).
OTHER
Doing outreach for committee vacancies and following up with Human Services committee members.
8/3/2026
VILLAGE OF BROWN DEER
4800 W. Green Brook Drive
Brown Deer, Wisconsin 53223
Phone Number: 414-371-3051 | E-Mail: tburkart@browndeerwi.org | Website: www.browndeerwi.org
VI
LLAGE MANAGER’S REPORT
T
he following is a summary of this week(s) activities performed by Village Manager Burkart.
O
rganizational Management
• I led the weekly Administration meeting each Tuesday. This allows all personnel at
Village Hall to connect with one another along with the Parks and Recreation team. This
meeting allocates time for staff to inform each other on what’s going on in the Village so
they can better assist community members when they call and include updates for our
communications.
• I led our biweekly department head meeting to reflect on the previous Village Board
meeting, review the upcoming Village Board agenda, and a roundtable of several
department updates for the team.
• Parks and Recreation Director Danielle Matteffs, Public Works Director Matthe
w
M
aederer, and I started monthly meetings to allow the departments to identify projects
several months out that they can begin preparing for jointly.
• Community Development Director Nate Piotrowski has been hired as the Development
Director with the City of Wauwatosa. We have already started the recruitment process
for a new Community Development Director and plan to have someone hired by the end
of September. Nate has put in over 20 years of service to Brown Deer, and we are
extremely grateful for his service here. I am having several meetings with Nate to
transition majority of his responsibilities to me along with a few going to other staff.
• Mark Sterle put in his notice that he is retiring at the end of July. We thank him for
leading the efforts to bring back a more proactive code enforcement program. We are
going to have Administrative Intern Haley Wilkinson take over the program on an
interim basis. Once we hire a new Community Development Director, we will inquire
about the best way to fill the permanent position. The goal is to have the position filled
by the end of this Fall.
F
iscal / Business Management
• Village staff and I met with our insurance broker, Brown and Brown, to look through the
first half health insurance claims and projected performance. We are having a higher-
than-average claim year, which means the Village may need to increase health
insurance premiums more than normal for the 2027 budget.
• Community Development Director Nate Piotrowski and I had a meeting with a Namdar
representative to discuss the relocation order for their property.
R
elationship with Village Board
• I talked with President Montgomery and Trustee Woods regarding Village Board agenda
an
d other updates.
L
ong Range Planning
• The Parks and Recreation team and I meet with North Shore Rotary Club to update
them on the progress of North Shore Rotary Park. We are finalizing a brochure they can
use for fundraising efforts. The project will likely go out for bid in January 2027 along
with Community Square.
• I attended a focus group on July 27 for the Community Square plan design led by
Damon Farber. We had about 20 members of the community and Original Village in
attendance.
• Mr. Piotrowski, Mr. Maederer, and I met with representatives from Jilly’s to see some
initial civil drawings and renderings for their potential Brown Deer project.
P
ublic Relations
• There are no public relations updates for this report.
I
ntergovernmental Relations
• I attended the North Shore Managers meeting in Whitefish Bay on July 27 to discuss
anticipated budget impacts with all the shared services. We also discussed some of the
new technology dispatch is planning to use to help manage incoming calls.
• I met with Glendale and North Shore Court to talk about their plans to go paperless and
plans to incorporate other North Shore municipalities.
• President Montgomery and I met with the Brown Deer School District to get an update
on their referendum efforts.
VILLAGE OF BROWN DEER
4800 W. Green Brook Drive
Brown Deer, Wisconsin 53223
Phone Number: 414-371-3061 | E-Mail: npiotrowski@browndeerwi.org | Website: www.browndeerwi.org
C
OMMUNITY SERVICES REPORT
The following is a summary of activities performed by the Development Director and Building Inspection.
• The Village Manager and Development Director met with the regional real estate manager of Kroger to
discuss the eminent domain efforts on the Namdar Realty owned shopping center that includes Pick N
Save. Staff made the manager aware of the schedule and timing for the effort and discussed options for
keeping a grocery store as part of any redevelopment.
• The Development Director and Village Manager spoke with a representative of Namdar Realty to discuss
the Village’s recent relocation order/eminent domain effort for the remaining parcels of the Marketplace
Sh
opping Center.
• The Building Board approved Woodsonia Real Estate’s plan for a mixed-use commercial/residential
b
uilding directly to the north of the new Target building at Riverside Landing. The Board also reviewed
plans for a new Chipotle restaurant as a part of the same redevelopment. Changes to the design and a
resubmittal were requested by the Board.
• The Village Manager and the Development Director met with representatives of Jewish Family Services to
discuss their interest and ideas in the surplus land being transferred from Milwaukee County to the
Village in the 8100 block of N. Sherman Blvd.
• Recently three small wireless facilities (cellular antenna poles) were granted right of way permits to
locate within Village right of way along N. 60
th Street. A Wisconsin law change in 2019 created State
Statute section 66.0414 which grants wireless providers the authority to build utility poles in public rights-
of-way with very limited local government review if certain statutory standards are met. Local review
authority is essentially restricted to avoidance of potential construction conflicts or requests for
collocation on nearby poles. The statute further states that the municipality can only require a right of
w
ay permit of less than $500 for the installation work of less than 5 sites, a fee of no more than $20 per
total number of poles in the municipality and the local jurisdiction must respond to any request within 90
days or else the facility is automatically approved. The recent requests along N. 60th met statutory
application requirements, presented no construction conflicts or colocation opportunities and therefore
the Village was obligated to allow the installation to proceed as requested.
VILLAGE OF BROWN DEER
4800 W. Green Brook Drive
Brown Deer, Wisconsin 53223
Phone Number: 414.371.3021 | E-Mail: mmaederer@browndeerwi.org | Website: www.browndeerwi.org
Department of Public Works REPORT – 08/03/2026
The following is a summary of the recent activities performed by:
Matthew S. Maederer, PE, Director of Public Works/Village Engineer & DPW Staff
GENERAL:
The following is a list of the 2026 projects that are in progress:
• N. 47th During the August Street Culvert Replacement Project
o Contracts have been executed for this project and a preconstruction meeting is
scheduled for Thursday, 07/30.
o Construction will start after August 15th due to WDNR in-stream restrictions.
• N. Sherman Blvd/CTH G (from W. Bradley Road to W. Dean Road)
o Milwaukee County is leading the project.
o Full reconstruction of Sherman from Bradley to Dean.
o Mainline paving is nearing completion on the west side (SB lanes). Traffic is
scheduled to flip onto the new roadway at the end of August.
o Project completion date is mid-November 2026.
• N. 51st Street Bridge Replacement
o This project is facilitated by WisDOT.
o Lunda is the prime contractor.
o Most of the storm sewer structures and large/twin 60-inch concrete pipes have
been installed.
o The existing structure has been demoed.
o Upcoming work includes the construction of the north abutment.
• Village Hall Parking Lot Reconstruction
o The project is substantially complete! Wolf Paving did a great job and completed
the project on-time before the 4th of July.
o The project was funded with MMSD “green infrastructure funding for stormwater
elements like the pervious pavers and bioretention areas.
o The only remaining items are the final punch list.
• Water Main Relay – W. Woodale Avenue (Teutonia to Sherman)
o Work started the week of 07/20 and is expected to be complete by mid-August.
o Work includes replacing the existing 6-inch Cast Iron Main w/ 8-inch PVC.
Services will be reconnected, new valves installed, and new fire hydrants.
WINTER OPERATIONS:
• The annual salt bid from WisDOT was received. The price of salt for the 2026/2027
season will be $85.61/ton. For reference last year’s price was $83.20/ton. The Village
ordered 1,000-tons of guaranteed fill salt and has 200-tons on reserve.
2
SANITARY SEWER:
• The Sanitary Sewer Technician started sewer cleaning in the southeast quadrant of the
Village in the neighborhood of N. Cedarburg Road, N. 38th Street, and N. 37th Street, etc.
• Design work is ongoing as part of the approved work plan with MMSD for a sewer lateral
replacement project in the basin tributary to the Lift Station (County Line Estates) in the
far NW corner of the Village (N. 67th Street & W. County Line Road). Design work will
occur in 2026, and construction is expected to occur in the summer of 2027.
• The 2026 Cured-In-Place Pipe (CIPP) lining project will take place on N. 51st Street from
W. Brown Deer Road to Beech Court. The project has been awarded to Visu-Sewer.
Work will begin in the fall of 2026.
STORMWATER:
• The crew is completing various ditching operations throughout the Village. In addition
to driveway culvert replacements the crew completed a ditch cleaning effort along N.
47th Street from Fountain to Parkland.
• The Director met with the North Shore Group and the WDNR to discuss our joint
stormwater NR216 permit renewal. This permit guides future stormwater projects with
the goal of protecting receiving waterways.
BEAUTIFICATION/FORESTRY:
• The crew is completing grass mowing operations, and the summer workers are line
trimming. Summer workers are also mulching the median planter beds.
STREETS &TRAFFIC:
• The Director prepared documents and received quotes for the annual asphalt patching
which includes past water main break locations and storm sewer pipe/culvert
replacements. The contract was awarded to Poblocki Paving and will begin the week of
08/03.
• The Director is working on preparing documents for the annual concrete replacements.
Locations include damaged sidewalk slabs and curb & gutter replacements.
• The Director is working on processing/approving utility right-of-way permits from WE-
Energies, AT&T, Spectrum, and various fiber optic/communication companies. Utility
permits are processed and approved for work occurring within Village R/W. Plans are
reviewed for placement and conflicts with Village owned facilities.
• The DPW crew is filling potholes throughout the Village.
3
REFUSE AND RECYCLING:
• DPW continues picking trash in all the medians weekly. Bus Stops are picked free of
litter weekly.
• The tub grinder was at DPW the week of 07/20 grinding up the existing brush pile and
turning it into fresh mulch.
PARK & REC DEPT.:
• The DPW crew services Fairy Chasm & Ten Mile Park daily. Restrooms are cleaned and
all litter is picked.
Library:
• No Update.
Special Events – Farmer’s Market
• The crew assists weekly with set-up for the weekly market.
Special Events – School District
• No Update.
DPW Facility
• Maintenance and shop cleaning.
Environmental health examines how the environment—air,
water, land, and living conditions—impacts health and works to
reduce harmful exposures.
ENVIRONMENTALHEALTH
Healthy living includes practices that lower illness risk, such as
preventing infectious diseases, managing chronic conditions,
and encouraging physical activity, nutrition, and wellness.
HEALTHY LIVING(including chronic disease,communicable disease and healthy aging)
Mental health and social isolation focuses on emotional,
psychological, and social well-being, affecting how people
think, feel, and interact with others.
MENTAL HEALTH &SOCIAL ISOLATION
This involves sharing important health information and
building partnerships with communities to promote well-
being and improve access to resources.
COMMUNICATION &COMMUNITY ENGAGEMENT
This report highlights the work done in each of our health priority areas over the past month, as well as other
important work and activities done by our department.
JUNE 2026READ THE
READ THE
MONTHLY REPORT
MONTHLY REPORT
NORTH SHOREHEALTH DEPARTMENT
NORTH SHOREHEALTH DEPARTMENT
JUNE 2026
E N V I R O N M E N T A L
H E A L T H
E n v i r o n m e n t a l h e a l t h e x a m i n e s h o w
t h e e n v i r o n m e n t — a i r , w a t e r , l a n d , a n d
l i v i n g c o n d i t i o n s — i m p a c t s h e a l t h a n d
w o r k s t o r e d u c e h a r m f u l e x p o s u r e s .
H E A L T H Y
L I V I N G
H e a l t h y l i v i n g i n c l u d e s p r a c t i c e s t h a t
l o w e r i l l n e s s r i s k , s u c h a s p r e v e n t i n g
i n f e c t i o u s d i s e a s e s , m a n a g i n g c h r o n i c
c o n d i t i o n s , a n d e n c o u r a g i n g p h y s i c a l
a c t i v i t y , n u t r i t i o n , a n d w e l l n e s s .
M e n t a l h e a l t h f o c u s e s o n e m o t i o n a l ,
p s y c h o l o g i c a l , a n d s o c i a l w e l l - b e i n g ,
a f f e c t i n g h o w p e o p l e t h i n k , f e e l , a n d
i n t e r a c t w i t h o t h e r s .
M E N T A L H E A L T H &
S O C I A L I S O L A T I O N
P U B L I C H E A L T H C O M M U N I C A T I O N & C O M M U N I T Y E N G A G E M E N T
T h i s i n v o l v e s s h a r i n g i m p o r t a n t h e a l t h i n f o r m a t i o n a n d b u i l d i n g p a r t n e r s h i p s w i t h c o m m u n i t i e s t o p r o m o t e
w e l l - b e i n g a n d i m p r o v e a c c e s s t o r e s o u r c e s .
This report highlights recent progress across NSHD’s priority areas from the 2022 Community Health
Assessment (CHA) and North Shore THRIVE 2025–2030 Community Health Improvement Plan (CHIP),
sharing key initiatives and department activities to promote transparency and adapt to community needs.
NSHD HEALTH PRIORITY AREAS
JUNE HIGHLIGHTS
We hosted our second annual Kids Safety Day and gave away many harm reduction freebies including
bike helmets, bike lights and bells, sleep sacks, first aid kits, safe medication storage and disposal
resources, and water safety resources, as well as educational materials for parents on child injury
prevention. Alongside this event, we also hosted a car seat check event in partnership with Safe Kids
Wisconsin, inviting parents to come and have their car seats checked for proper installation by certified
technicians. The event reached over 80 folks and involved 8 community partners!
WORKFORCE DEVELOPMENT
Our PHNs hosted an Alverno MSN nursing clinical group for a public health site visit. Students learned
about public health nursing, the importance of public health and Social Determinants of Health, toured the
health department, and participated in interactive activities, including a CDC disease investigation game.
The day wrapped up with a Q&A with NSHD staff so students could learn more about different public
health careers.
MONTHLY REPORT
MONTHLY REPORT
NORTH SHORE HEALTH DEPARTMENT
NORTH SHORE HEALTH DEPARTMENT
One of our Public Health Strategists attended the Wisconsin Overdose Fatality Review (OFR) Summit,
where they were a panelist, sharing NSHD’s successes with group engagement, recruitment and
recommendations around our OFR.
In response to the Ebola outbreak in the DRC, our staff attended numerous Public Health Emergency
Preparedness meetings and webinars to be as up to date on things as possible.
We joined Brown Deer Pond on their opening day to offer safe swim education to families, along with
some fun swim freebies. We had over 20 interactions, making it a successful event!
One of our PHNs completed a quality improvement project for the radon, naloxone, and safe
medication storage/disposal programs/services at NSHD to streamline our tracking/record-keeping for
those programs.
Probable and Confirmed Cases
COMMUNICABLEDISEASES
STIs18 cases,69.2%
26
TOTAL
Other<5 cases,7.7%
Food &Water<5 cases,3.8%
Vector-Borne<5 cases,15.4%
Influenza<5 cases,3.8%
NORTH SHOREENVIRONMENTALHEALTH CONSORITUM
0
New
licenses
1
Radon test
kits sold
Animal bite
follow ups
4
Inspections
14
MENTAL HEALTH & SOCIAL ISOLATION
Our MCH team attended multiple webinars on perinatal mental health.
HEALTHY LIVING
Two sharps containers were sold.
ENVIRONMENTAL HEALTH
COMMUNICATION & COMMUNITY EVENTS
JUNE 2026
Lactation/
Home
Visits
0
Gallon of
sharps
collected
3
Our Public Health Specialist began mosquito testing, in partnership with DHS. This will help monitor
mosquito populations in our jurisdictions for diseases such as West Nile and Zika viruses.
We attended/hosted 5 community events.
MONTHLY REPORT
MONTHLY REPORT
NORTH SHORE HEALTH DEPARTMENT
NORTH SHORE HEALTH DEPARTMENT
Naloxone
doses
distributed
145
Folks
trained in
Naloxone
use
45
Hosted a Caregiver Social Group at the North Shore Library to
combat social isolation, as well as promote postpartum mental health.
Provided three car seat checks/installations.
Our communications included 14 posts on socials (3 videos, 11 regular posts), 2 newsletters, 4 healthyhighlights
We helped the Brown Deer Farmers Market prepare for the upcoming season, which we will be tabling
at in addition to our other jurisdictions’ markets.
Phone Number: [414-371-2965] | E-Mail: [Dana.Andersen@mcfls.org] |
Website: https://www.browndeerpubliclibrary.org
VILLAGE OF BROWN DEER
4800 W. Green Brook Drive
Brown Deer, Wisconsin 53223
L
ibrary Director Report
T
he following is a summary of the recent activities performed by
Library Director Dana Andersen-Kopczyk
● T
he Library Board was supposed to have an Ice Cream Social at the Brown Deer Pond, but
it was cancelled due to the Pond being closed for poor air quality. The new date for the Ice
Cream Social will be on Sunday August 16th, which is the last day of the Pond being open
for the 2026 season.
● The next Brown Deer Reads will feature Congresswoman Gwen Moore as the guest reader.
This will occur on Saturday, August 8
th; the storytime will begin at 11:00am and be followed
by a craft until 12:30pm
● T
he library will be hosting a live performance of The Interview Project, which is put on by
the Next Act Theater, on Thursday August 6th at 12:30pm. Next Actors is Next Act Theatre's
completely free summer intensive for advanced high school theatre artists and recent
graduates. The program culminates in an original play created entirely by the ensemble and
shared with audiences throughout Milwaukee. Where's the love that's holding Milwaukee
together? The student actors set out to discover where love comes from, how people
experience it, and the ways it shapes families, neighborhoods, and communities. Using the
words from those conversations, they created an original play of monologues and vignettes
that blend journalism with performance. The result is a theatrical mosaic of authentic voices
that reflects Milwaukee back to itself.
VILLAGE OF BROWN DEER
4800 W. Green Brook Drive
Brown Deer, Wisconsin 53223
BROWN DEER POLICE DEPARTMENT REPORT
July 23, 2026
The following is a summary of notable events related to the Brown Deer Police Department
during the period of June 29, 2026 – July 23, 2026.
• On Tuesday, June 30th, Lieutenant Joseph Hahn and Lieutenant Ali-Raza Govani attended an open
house at Rogers Behavioral Health's Lifewell and Outpatient facilities. The new facility provides law
enforcement with additional resources and treatment options for individuals experiencing
behavioral health crises while further strengthening the partnership between the Brown Deer
Police Department and Rogers Behavioral Health in connecting those in need with appropriate
care.
• Detectives assisted with the investigation of a Recklessly Endangering Safety case that occurred in
the 6600 block of W. Brown Deer Rd. on June 26
th. As a result of the investigation, a 38-year-old man
was arrested, and charges were referred to the Milwaukee County District Attorney’s Office.
• On Saturday, July 4th, the Brown Deer Police Department partnered with the Village of Brown Deer
and the Brown Deer Parks and Recreation Department to support the annual 4th of July celebration
at Village Park. Officers provided a visible presence throughout the event, patrolled the park to
ensure public safety, and managed traffic following the fireworks to facilitate a safe and efficient
departure for attendees.
• On Sunday, July 12 th, Detectives assisted with the investigation of Endangering Safety by Use of a
Dangerous Weapon that occurred in the 4100 block of W. Hawthorne Trace Rd. The case was
referred to the Milwaukee County District Attorney’s Office.
• On Monday, July 13th, Sergeant Lea Olsen and K-9 Beny, along with Detective Michael Lesnik and
K-9 Haber, participated in the monthly Milwaukee County K-9 training alongside K-9 teams from
other law enforcement agencies. The training provided an opportunity to enhance proficiency,
maintain certification standards, and strengthen interagency coordination.
• On Tuesday, July 14th, Officer Zing Thawng attended the three-day Basic Breath Examiner Training
course at Waukesha County Technical College. The training prepares officers to properly administer
evidentiary breath tests, and it enhances the department's ability to investigate and enforce
Operating While Intoxicated (OWI) offenses.
• On Wednesday, July 15th, Officer Adam Frick was promoted to the rank of Sergeant of Patrol.
Sergeant Frick has begun his training and leadership development as he transitions into his new
role. Upon completion of training, he will be assigned to Late Shift where he will serve as the first-
line supervisor overseeing patrol operations.
• Please visit the police department’s website to see all the calls for service that our department
responds to daily. You can find those here: https://www.browndeerwi.org/463/Activity-Reports.
VILLAGE OF BROWN DEER
4800 W. Green Brook Drive
Brown Deer, Wisconsin 53223
Phone Number: (414) 371-3050 | E-Mail: cbrustmann@browndeerwi.gov | Website: www.browndeerwi.org
VILLAGE CLERK’S REPORT
The following is a summary of the recent activities
performed by Village Clerk Caren Brustmann:
• 850 absentee ballots were mailed out for the August 11 Partisan Primary. Residents have
until Thursday, August 6 to request a ballot be mailed to them. Staff assisted residents at
New Perspectives and Deerwood Crossing on July 20 – 22 with voting.
• In person absentee voting will take place Tuesday, July 28 – Friday, August 7 during
office hours and 5:00pm on August 7 at the Village Hall. Voters will need to present WI
photo ID.
• The Village Clerk and Deputy Clerk will be attending the annual Clerk’s Conference in
Green Bay August 20 & August 21.
• The Human Relations Committee did not meet on Wednesday, July 15 as there was no
quorum.
BROWN DEER VILLAGE BOARD
JULY 20, 2026 MEETING MINUTES
HELD AT THE BROWN DEER VILLAGE HALL
4800 WEST GREEN BROOK DRIVE
T
he meeting was called to order by President Montgomery at 6:00pm.
I. R
oll Call
P
resent: President Montgomery, Trustees Edelen, Greaves, Johnson, Owens, and Woods
E
xcused: Trustee Thompson
A
lso Present: Village Attorney Nathan Bayer , Village Manager Tyler Burkart , Police Chief Peter Nimmer, Parks and
Recreation Director Dani Mattefs, DPW Director Matthew Maederer , Finance Director Derrick Danner and
Village Clerk Caren Brustmann
II. P
ersons Desiring to be Heard
J
im Farmer, 8041 N. Cedarburg Road, spoke against the use of eminent domain, expressing concerns about transparency
and appearance of corruption. Mr. Farmer also advocated restrictions on certain types of development, such as fast-food
outlets, nail salons, coffee shops, or dollar stores.
A
rthur Mays Sr., 9035 N. Maura Lane; reported flooding issues at his property due to an outdated creek system, with water
reaching his house and street during April storms. Mr. Maederer confirmed with Mr. Mays that an engineering consultant is
working on a solution.
D
ebbie Woods, 3435 W. Pelican Lane; thanked staff for a successful 4th of July celebration.
C
yndee Hoehn, 4537 W. Parkland Avenue; inquired about future patching repairs on W. Parkland Avenue. Mr. Maederer
explained there are temporary repairs planned for summer, with reconstruction of the street after the N. Sherman Blvd project
completion.
III. E
lected Officials & Staff Reports
N
o action was taken.
I
V. Consent Agenda
A) Consideration of Minutes – July 6, 2026
B) B) Accept June 2026 Voucher Statement
C) C) Consider Approval of the 2026 Street Patching Proposal with Poblocki Paving
I
t was moved by Trustee Johnson and seconded by Trustee Owens to approve the consent agenda as presented. The motion
carried unanimously.
V
. New Business
A) P
resent the 2027-2031 Capital Improvement Plan (CIP)
D
epartment heads presented their 2027 CIP items. Police department projects include handheld radio upgrades and flock
safety camera purchase. Village Manager’s office projects include computer replacements, finance software to cloud
implementation, and upgrade of wireless access points. Public Works department projects include the re-paving program, a
wheel loader, and construction on N. 51st street. A complete list of projects included in the 2027-3031 CIP can be found in the
meeting packet. A resolution will be presented for consideration to approve the 2027-2031 CIP at the August 3 meeting.
No action was taken.
B) Discuss 2027 Budget Process and Expectations
Mr. Burkart presented the upcoming budget process and expectations. Also presented was an overview of increasing fire
department costs, debt service, shared revenue, and expenditure restraint program. Mr. Burkart highlighted the importance of
monitoring CPI trends and the impact of shared revenue. Upcoming budget presentations will be held in September and
October.
Trustee Johnson requested more information about grant opportunities and maintaining applications for future years, which
Village staff agreed to explore further with department heads.
VII. Adjournment
It was moved by President Montgomery to adjourn at 7:03 p.m.
Caren Brustmann
Village Clerk
From: noreply@civicplus.com
To: Caren Brustmann
Subject: Online Form Submittal: Committee/Board/Commission Questionnaire
Date: Tuesday, July 28, 2026 11:57:56 AM
Committee/Board/Commission Questionnaire
First Name Kim
Last Name Lechner
Address
City (Brown Deer) Brown Deer WI 53223
State WI
Zip Code 53223-1334
Phone Number
Email Address
Years as Brown Deer
Resident
56 years
What Village
committee(s) are you
interested in?
Plan Commission
If interested in more
than one committee,
please indicate your
highest preference.
Field not completed.
What non-Village
committee(s) would
you like to get involved
in?
Field not completed.
What committee(s) are
you currently serving
on, if any?
Field not completed.
Why are you interested
in serving on this
committee:
I grew up in Brown Deer and graduated from BDHS in 1973.
When it was time for my husband and I to move from Milwaukee
to a suburb with a strong education system and strong
community commitment and engagement, Brown Deer was our
choice. I have witnessed first hand the growth and development
from 1960 to the present. Brown Deer is an ever evolving
community, and I desire to contribute my skills and knowledge to
continue the excellent progress currently being made by its
leaders.
Qualifications for
serving on this
committee:
I am an attorney, recently retired as Deputy County Attorney
(Corporation Counsel) for Washington County. Having 20 years
of experience in county governance, I am familiar with the
zoning, planning and appeals process. The last years of my
career, I served as the legal counsel to Washington County
Planning and Parks department. I was the attorney that appeared
at the Plann Commission meetings, Board of Appeals meetings,
opined on ordinance violations, worked on the Comprehensive
Plan, and drafted new or amended ordinances. While I
understand that my role is not legal counsel for the Village, I do
understand the role of the Commissioners. I believe my
education, experience, and commitment to and pride for Brown
Deer uniquely qualifies myself. In other words, I check the boxes.
Other community
involvement:
I was elected to three terms on the Brown Deer Board of
Education, serving from 1997-2006. During that time I was the
BDSD representative to the Brown Deer Park and Rec
Committee. Prior to that, I was appointed by the Village Board to
the Traffic and Safety Committee. From the late 1980's through
the mid 2000's I was active in organizing and serving on
committees of Dean, BDMS and BDHS. I was a member of
Trinity Community Church until its closing. At Trinity I served on
its Board for 2 terms, taught adult and children's classes and
headed Vacation Bible School.
Describe your
experience and
thoughts related to
diversity, equity, and
inclusion professionally
and/or as a resident of
Brown Deer:
I find it disappointing that this question even has to be asked in
2026. My expectations are that no matter who moves into your
neighborhood, you are kind and respectful, no matter their race,
ethnicity, or mental or physical limitations. However, my
expectation is that I am treated that way as well. My previous
employment prior to Washington County was as staff attorney for
a domestic abuse shelter - I have heard and seen horrific abuses
done to individuals by others, and no matter who you are, I will
always stand against that.
Occupation/Employer: Currently unemployed.
Past Deputy County Attorney, Washington County
Leisure
activities/hobbies:
Trustee, Wisconsin School of Professional Psychology
Tai chi (BD Rec Dept offering), Reading, Travel, Leisure time in
Sister Bay, Time with family and friends.
If appointed to a
volunteer committee,
do you have any
conflict of interests that
would impact your
ability to vote on a
No.
CAUTION: This email originated from outside of the North Shore Consolidated O365 Email System (Bayside, Glendale,
Shorewood, Brown Deer, Whitefish Bay, and North Shore Fire & Rescue). Do not click links or open attachments unless
you recognize the sender and know the content is safe.
matter brought to a
certain volunteer
committee? If so,
please state what that
conflict of interest
would be:
Signature
Kim Lechner
Date 07/28/26
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REQUEST FOR CONSIDERATION
CO
MMITTEE CONSIDERATION: Village Board
ITEM DESCRIPTION: Present Update on Recreation Center with Cobalt Partners
PREPARED BY: Tyler Burkart
REPORT DATE: August 3, 2026
RECOMMENDATION: No action necessary for this agenda item.
Budget Impact: No budget impact on this agenda item.
SUMMARY:
S
cott Yauck with Cobalt Partners will be in attendance to give an update to the Village Board
and the public on the recreation center concept they have been working on for the property at
4801 W. Brown Deer Rd. just west of the Badger Meter property. Cobalt Partners acquired the
property at the end of 2025. They will be presenting an updated site plan and other elements
to be incorporated with the development. They will also share with Village staff what the next
6-12 months will look like for the project.
REQUEST FOR CONSIDERATION
COM
MITTEE CONSIDERATION: Village Board
ITEM DESCRIPTION: Consider the Approval of BS&A Contract
PREPARED BY: Derrick Danner, Finance Director
REPORT DATE: August 3, 2026
RECOMMENDED MOTION: I move to approve the BS&A contract
EXPLANATION:
The V
illage uses BS&A as its enterprise resource planning (ERP) software system. This includes
all finance and accounting, HR and payroll, and more niche software modules like utility billing
and building permits.
ER
P software is going away from the traditional on-premises setup to a cloud-based model. This
means that local servers will no longer be vital to the operation. This is not just BS&A, but where
most of the larger companies are investing their resources. Brown Deer had originally planned
on doing the conversion to the cloud model in 2029, but BS&A was not sure they would still be
supporting their on-premises version at that point, so the Village moved up the timeline and now
plans on doing the conversion in 2027.
The V
illage was able to do demos with several software companies including Tyler Technologies,
Caselle, Harris, and Open Gov. Tyler and Caselle are the most common non-BS&A ERP’s that
other municipalities in the area use. Tyler Technologies quoted Brown Deer at $78,027 for the
annual fee and $88,955 for the one-time capital cost. Caselle’s proposal was $59,394 for the
annual maintenance fees and $94,780 for the one-time capital cost. BS&A’s quote was $61,370
for the annual maintenance fees and $60,400 for the one-time capital cost.
It
could potentially be unwise to be the only municipality in the area using a particular software.
The other two proposals were also in the same price ballpark but have a small footprint in
Wisconsin. The ERP system that the Village selects impacts all departments. It is important we
make the right decision. We like the idea of having other local governments nearby using similar
software in case there are any questions that arise. It also helps future job searches to have
software the more people in the area are familiar with. The costs are similar enough in our
opinion where the price should not be the sole focus. The Village has been using BS&A for
approximately 15 years. Most of Milwaukee County also uses BS&A. We have had a good
relationship with BS&A, and we feel that the support they provide is top notch. BS&A was able to
drop the yearly maintenance cost to $50,000 for 2027 and then charge us the difference
($11,370) in 2028. This will allow us to not feel the entire budget impact right away. BS&A also
is allowing the Village to pay off the one-time capital costs over a 3-year period. It should also be
noted that the Village did remove two modules. There will no longer be a separate HR module,
as we feel there is overlap with the payroll module. The Village will also no longer be using the
work order module.
We
believe the best decision for the Village of Brown Deer is to stay with BS&A.
ATT
ACHMENTS:
- BS&A Customer Order Form
Page 1 of 12
GDSVF&H\9154876.4
BS&A
CUSTOMER ORDER FORM
This Customer Order Form (this “Order ”) is entered into as of the “Effective Date ” identified below between BS&A
Software, LLC, a Delaware limited liability company with offices located at 14965 Abbey Lane, Bath, MI 48808 (“BS&A”)
and the “Customer” identified below. Capitalized terms used but not defined in this Order have the meanings given them
elsewhere in the Agreement (as defined below). BS&A and Customer may be referred to herein collectively as the “Parties”
or individually as a “Party”. The Parties hereby agree as follows:
Customer Name:
Village of Brown Deer, Milwaukee County WI
Sponsor Contact:
Billing Address: Sponsor Phone:
Accounts Payable Email: Sponsor Email:
Platform and Fee Information
Effective Date: [__]
Platform Description: Those modules and feature packs of BS&A’s proprietary hosted enterprise resource planning
service for managing local government functions that are identified in the Pricing Sheet.
“Initial Subscription Period”: [Five (5) years] Subscription Fees:
$61,370 payable [annually].
The “Initial Subscription Period” shall begin the at the earlier date of activation of module(s) on Customer’s site or;
• One (1) year after the Effective Date for any new software modules
• Six (6) months after the Effective Date for any software modules upgrading from BS&A’s .NET Platform
Professional Services (if any): $60,400 Service Fees (if any):
Other Customer Terms:
The Customer Agreement (the “Agreement ”), made and entered into as of the Effective Date between BS&A and
Customer, includes and incorporates: (i) the above Order; (ii) any Orders previously or subsequently entered into by the
Parties; and (iii) the Customer Terms and Conditions, which are attached to this Order (the “Terms and Conditions ”); and
(iv) the Pricing Sheet attached to this Order (the “Pricing Sheet”).
BS&A SOFTWARE, LLC VILLAGE OF BROWN DEER, WI
Name:
Title:
Name:
Title:
Page 2 of 12
GDSVF&H\9154876.4
EXHIBIT A
CUSTOMER TERMS AND CONDITIONS
The Parties agree as follows:
1. Definitions.
1.1 “Authorized User ” means Customer ’s employees, consultants, contractors, and agents : (i) who are
authorized by Customer to access and use the Platform under this Agreement; and (ii) for whom access to the Platform
has been purchased hereunder.
1.2 “BS&A IP” means the Platform and any and all intellectual property provided to Customer or any
Authorized User in connection with the foregoing. For the avoidance of doubt, BS&A IP includes Usage Data and any
information, data, or other content derived from BS&A’s provision of the Platform but does not include Customer Data.
1.3 “Business Contact Data ” means Personal Information that relates to BS&A ’s relationship with
Customer, including, by way of example and without limitation, the names and contact information of Authorized Users
and any other data BS&A collects for the purpose of managing its relationship with Customer, identity verification, or as
otherwise required by applicable laws, rules, or regulations.
1.4 “Customer Data ” means information, data, and other content, in any form or medium, that is
submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Platform ;
provided that, for purposes of clarity, Customer Data as defined herein does not include Business Contact Data or Usage
Data.
1.5 “Documentation” means Company ’s end user documentation relating to the Platform, including any
user guides.
1.6 “Harmful Code” means any software, hardware, or other technology, device, or means, including any
virus, worm, malware, or other malicious computer code, the purpose or effect of which is to permit unauthorized access
to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software,
firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity,
confidentiality, or use of any data processed thereby.
1.7 “Order” means: (i) a purchase order, order form, or other ordering document entered into by the Parties
that incorporates this Agreement by reference; or (ii) if Customer registered for the Platform through BS&A’s online
ordering process, the results of such online ordering process.
1.8 “Personal Information” means any information that, individually or in combination, does or can identify
a specific individual or by or from which a specific individual may be identified, contacted, or located, including without
limitation all data considered “personal data”, “personally identifiable information”, or something similar under applicable
laws, rules, or regulations relating to data privacy.
1.9 “Platform” ’has the meaning set forth on the Order.
1.10 “Professional Services” means training, migration, implementation, integration, or other professional
services that are provided to Customer in connection with its use of the Platform hereunder.
1.11 “Subscription Period” means the time period identified on the Order during which Customer’ s
Authorized Users may access and use the Platform plus any Renewal Subscription Period(s).
1.12 “Third-Party Products” means any third-party products provided with, integrated with, or incorporated
into the Platform.
1.13 “Usage Data” means usage data collected and processed by BS&A in connection with Customer’s use
of the Platform, including without limitation test configur ation metadata, activity logs, and data used to optimize and
maintain performance of the Platform, and to investigate and prevent system abuse. For purposes of clarity, Customer
Data is not Usage Data and Usage Data does not contain Personal Information or any other Customer Data.
1.14 “Usage Limitations” means the usage limitations set forth in this Agreement and the Order , including
without limitation any limitations on the number of Authorized Users (if any), and the applicable product , pricing, and
support tiers agreed-upon by the Parties.
Page 3 of 12
GDSVF&H\9154876.4
2. Access and Use.
2.1 Provision of Access . Subject to and conditioned on Customer ’s compliance with the terms and
conditions of this Agreement, including without limitation the Usage Limitations, Customer may, solely through its
Authorized Users, access and use the Platform during the Subscription Period on a non-exclusive, non-transferable (except
in compliance with Section 15.9), and non-sublicensable basis. Such use is limited to Customer’s internal business purposes
and the features and functionalities specified in the Order. Each Authorized User must have its own unique account on the
Platform and Authorized Users may not share their account credentials with one another or any third party. Customer will
be responsible for all of the acts and omissions of its Authorized Users in connection with this Agreement and for all use
of Authorized Users’ accounts.
2.2 Documentation License. Subject to and conditioned on Customer ’s compliance with the terms and
conditions of this Agreement, Company hereby grants to Customer a non -exclusive, non -transferable (except in
compliance with Section 15.9), and non -sublicensable license to use the Documentation during the Subscription Period
solely for Customer’s internal business purposes in connection with its use of the Platform.
2.3 Use Restrictions. Customer shall not use the Platform for any purposes beyond the scope of the access
granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users
to: (i) copy, modify, or create derivative works of any BS&A IP, whether in whole or in part; (ii) rent, lease, lend, sell, license,
sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or Documentation to any third
party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any
software component of the Platform , in whole or in part; (iv) remove any proprietary notices from any BS&A IP; (v) use
any BS&A IP in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual
property right or other right of any person, or that violates any applicable law; (vi) access or use any BS&A IP for purposes
of competitive analysis of BS&A or the Platform , the development, provision, or use of a competing software service or
product, or any other purpose that is to BS&A’s detriment or commercial disadvantage; (vii) bypass or breach any security
device or protection used by the Platform or access or use the Platform other than by an Authorized User through the use
of valid access credentials; (viii) input, upload, transmit, or otherwise provide to or through the Platform any information
or materials, including Customer Data, that are unlawful or injurious or that infringe or otherwise violate any third party’s
intellectual property or other rights , or that contain, transmit, or activat e any Harmful Code ; or (ix) use any BS&A IP for
any activity where use or failure of the BS&A IP could lead to death, personal injury, or environmental damage, including
life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
2.4 Reservation of Rights . BS&A reserves all rights not expressly granted to Customer in this Agreement.
Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by
implication, waiver, estoppel, or otherwise, to Customer or an y third party any intellectual property rights or other right,
title, or interest in or to the BS&A IP.
2.5 Suspension. Notwithstanding anything to the contrary in this Agreement, BS&A may temporarily
suspend Customer ’s and any Authorized User ’s access to any portion or all of the Platform if: (i) BS&A reasonably
determines that (a) there is a threat or attack on any of the BS&A IP; (b) Customer’s or any Authorized User’s use of the
BS&A IP disrupts or poses a security risk to the BS&A IP or to any other customer or vendor of BS&A; (c) Customer, or any
Authorized User, is using the BS&A IP for fraudulent or illegal activities; (d) subject to applicable law, Customer has ceased
to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its
assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (e) BS&A’s
provision of the Platform to Customer or any Authorized User is prohibited by applicable law; or (f) any Customer Data
submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Platform may
infringe or otherwise violate any third party’s intellectual property or other rights; (ii) any vendor of BS&A has suspended
or terminated BS&A’s access to or use of any Third-Party Products required to enable Customer to access the Platform; or
(iii) i
n accordance with Section 7.1 (any such suspension described in subclause s (i), (ii), or (iii), a “Service Suspension” ).
BS&A shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to
provide updates regarding resumption of access to the Platform following any Service Suspension. BS&A shall use
commercially reasonable efforts to resume providing access to the Platform as soon as reasonably possible after the event
giving rise to the Service Suspension is cured. BS&A will have no liability for any damage, liabilities, losses (including any
loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service
Suspension.
2.6 Business Contact Data and Usage Data . Notwithstanding anything to the contrary in this Agreement,
Page 4 of 12
GDSVF&H\9154876.4
BS&A may process Business Contact Data: (i) to manage BS&A ’s relationship with Customer; (ii) to carry out BS&A ’s core
business operations, such as, by way of example and without limitation, accounting, audits, tax preparation and for filing
and compliance purposes; (iii) to monitor, investigate, prevent and detect fraud, security incidents and other misuse of
the Platform, and to prevent harm to BS&A, Customer, and BS&A’s other customers; (iv) for identity verification purposes;
and (v) to comply with applicable laws, rules, and regulations relating to the processing and retention of Personal
Information to which BS&A may be subject. BS&A may process Usage Data for any lawful purpose, including to monitor,
maintain, and optimize the Platform.
3. Customer Responsibilities.
3.1 General. Customer is responsible and liable for all uses of the Platform and Documentation resulting
from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this
Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of
Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken
by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all
Authorized Users aware of this Agreement ’s provisions as applicable to such Authorized User ’s use of the Platform and
shall cause Authorized Users to comply with such provisions.
3.2 Third-Party Products. BS&A may from time to time make Third-Party Products available to Customer or
BS&A may allow for certain Third -Party Products to be integrated with the Platform to allow for the transmission of
Customer Data from such Third -Party Products into the Platform. For purposes of this Agreement, such Third -Party
Products are subject to their own terms and conditions. BS&A is not responsible for the operation of any Third -Party
Products and makes no representations or warranties of any kind with respect to Third -Party Products or their respective
providers. If Customer does not agree to abide by the applicable terms for any such Third -Party Products, then Customer
should not install or use such Third- Party Products. By authorizing BS&A to transmit Customer Data from Third -Party
Products into the Platform, Customer represents and warrants to BS&A that it has all right, power, and authority to provide
such authorization.
3.3 Customer Control and Responsibility . Customer has and will retain sole responsibility for: (i) all
Customer Data, including its content and use; (ii) all information, instructions, and materials provided by or on behalf of
Customer or any Authorized User in connection with the Platform; (iii) Customer’s information technology infrastructure,
including computers, software, databases, electronic systems (including database management systems), and networks,
whether operated directly by Customer or through the use of third -party platforms or service providers (“Customer
Systems”); (iv) the security and use of Customer ’s and its Authorized Users ’ access credentials; and (v) all access to and
use of the Platform directly or indirectly by or through the Customer Systems or its or its Authorized Users’ access
credentials, with or without Customer ’s knowledge or consent, including all results obtained from, and all conclusions,
decisions, and actions based on, such access or use. For purposes of clarity, Customer Systems do not include BS&A’s
information technology infrastructure, including computers, software, databases, electronic systems (including database
management systems, and networks operated directly by BS&A and its third-party service providers.
4. Support. Subject to and conditioned on Customer’s compliance with the terms and conditions of this Agreement,
including payment of applicable Fees, BS&A will use commercially reasonable efforts to provide Customer with basic
customer support via BS&A’s standard support channels during BS&A’s normal business hours.
5. Professional Services. BS&A will perform Professional Services as described in an Order. Customer will provide
BS&A all reasonable cooperation required for BS&A to perform the Professional Services, including without limitation
timely access to any reasonably required Customer materials, information, or personnel. Subject to any limitations
identified in an Order, Customer will reimburse BS&A ’s reasonable travel and lodging expenses incurred in providing
Professional Services. To the extent the Professional Services result in any work product of any kind or character (“Wor
k
P
roduct”), all such Work Product will remain owned solely and exclusively by BS&A and, to the extent any such Work
Product consists of enhancements, improvements, or other modifications to the Platform, such Work Product may be used
by Customer solely in connection with Customer’s authorized use of the Platform under this Agreement.
5.1 Cancellation. In the event Customer cancels or reschedules Professional Services (other than for Force
Majeure or breach by BS&A), and without prejudice to BS&A’s other rights and remedies, Customer is liable to BS&A for
(i) a
ll Professional Services performed prior to the cancellation or rescheduling of Professional Services; (ii) all non-
refundable expenses actually incurred by BS&A on Customer’s behalf; and (iii) daily Project Management or
Implementation and Training fees associated with the cancelled or rescheduled Professional Services (in accordance with
the daily fee rate), if less than forty-five (45) days advance notice is given regarding the need to cancel or reschedule and
Page 5 of 12
GDSVF&H\9154876.4
BS&A cannot reasonably reassign its affected Professional Services resources to other projects where comparable skills
are required.
6. Insurance. During the Subscription Period, BS&A shall procure and maintain appropriate insurance policies with
coverage limits that are commensurate with industry standards and sufficient to protect against potential risks associated
with this Agreement. The insurance policies shall be obtained from reputable and financially sound insurance providers,
and BS&A agrees to provide proof of such insurance upon request by Customer.
7. Fees and Taxes.
7.1 Fees. The Platform may be provided for a fee or other charge. Customer shall pay BS&A the fees (“Fees”)
identified in the Order without offset or deduction at the cadence identified in the Order (e.g., monthly or annually). BS&A
may increase the Fees annually, provided that BS&A will provide Customer at least thirty (30) days’ notice of such increase
prior to the end of the then-current Term. The amount of the Fee increase will be in BS&A’s sole discretion, provided that
Customer agrees that the increase is limited to the greater of: (i) five percent (5%); or (ii) the annual increase in the relevant
Consumer Price Index for all Urban Consumers published by the Bureau of Labor Statistics for the then -current calendar
year, in each case as compared to the Fees applicable during then -current year, as applicable. Fees paid by Customer are
non-refundable. Customer shall make all payments hereunder in US dollars by ACH or via a nother reasonable method
chosen by BS&A, to such account as BS&A may specify in writing from time to time, or by another mutually agreed -upon
payment method. If Customer pays via invoice, Customer will pay the invoiced amount within thirty (30) calendar days of
the invoice date. If Customer fails to make any payment when due, and Customer has not notified BS&A in writing within
ten (10) days of the payment becoming due and payable that the payment is subject to a good faith dispute, without
limiting BS&A’s other rights and remedies, and to the fullest extent permissible under applicable law: (i) BS&A may charge
interest on the undisputed past due amount at the rate of 1.5% per month, calculated daily and compounded monthly or,
if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse BS&A for all reasonable costs
incurred by BS&A in collecting any late payments or interest, including attorneys ’ fees, court costs, and collection agency
fees; and (iii) if such failure continues for twenty (20) days or more, BS&A may suspend Customer ’s and its Authorized
Users’ access to all or any part of the Platform until such amounts are paid in full.
7.2 Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes
and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties,
and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts
payable by Customer hereunder, other than any taxes imposed on BS&A’s income.
8. Confidential Information.
8.1 Definition. From time to time during the Subscription Period, either Party may disclose or make available
to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third -
party confidential information, and other sensitive or proprietary information, whet her orally or in written, electronic, or
other form or media that: (i) is marked, designated or otherwise identified as “confidential ” or something similar at the
time of disclosure or within a reasonable period of time thereafter; or (ii) would be considered confidential by a reasonable
person given the nature of the information or the circumstances of its disclosure (collectively, “Confidential Information”).
Except for Personal Information, Confidential Information does not include information that, at the time of disclosure is:
(a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receivin g
Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without use of,
reference to, or reliance upon the disclosing Party’s Confidential Information.
8.2 Duty. The receiving Party shall not disclose the disclosing Party’s Confidential Information to any person
or entity, except to the receiving Party ’s employees, contractors, and agents who have a need to know the Confidential
Information for the receiving Party to exercise its rights or perform its obligations hereunder (“Representatives”). The
receiving Party will be responsible for all the acts and omissions of its Representatives as they relate to Confidential
Information hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited
extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to
comply with applicable law, provided th at the Party making the disclosure pursuant to the order shall first have given
written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party ’s
rights under this Agreement, including to make required court filings. Further, notwithstanding the foregoing, each Party
may disclose the terms and existence of this Agreement to its actual or potential investors, debtholders, acquirers, or
merger partners under customary confidentiality terms.
Page 6 of 12
GDSVF&H\9154876.4
8.3 Return of Materials; Effects of Termination/Expiration . On the expiration or termination of the
Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or
other form or media, of the disclosing Party ’s Confidential Information, or destroy all such copies and certify in writing to
the disclosing Party that such Confidential Information has been destroyed. Each Party ’s obligations of non-use and non-
disclosure with regard to Confidential Information are effective as of the Effective Date and will expire three (3) years from
the date of termination or expiration of this Agreement; provided, however, with respect to any Confidential Information
that constitutes a trade secret (as determined under applicable law), such obligations of non -disclosure will survive the
termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret
protection under applicable law.
9. Data Security and Processing of Personal Information.
9.1 Customer Data. Customer hereby grants to BS&A a non-exclusive, royalty-free, worldwide license to
reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer
Data as may be necessary for BS&A to provide the Platform and otherwise perform its obligations hereunder . Customer
may export the Customer Data at any time through the features and functionalities made available via the Platform. For
the avoidance of doubt, aggregated, de -identified, and anonymized portions, sets, or other combinations of Customer
Data that do not contain personally identifying elements of Customer’s identity or of any Authorized Users are Usage Data
and not Customer Data.
9.2 Security Measures . BS&A will implement and maintain commercially reasonable administrative,
physical, and technical safeguards designed to protect Customer Data (including Personal Information provided as part of
Business Contact Data) from unauthorized access, use, alteration, or disclosure.
9.3 Processing of Personal Information. BS&A’s rights and obligations with respect to Personal Information
that it collects directly from individuals (if any) are set forth in BS&A ’s Privacy Policy (as amended from time to time in
accordance with its terms). Personal Information processed by BS&A on behalf of Customer is considered Customer Data
and is governed by the terms of this Agreement.
10. Intellectual Property Ownership; Feedback.
10.1 BS&A IP. Customer acknowledges that, as between Customer and BS&A, BS&A owns all right, title, and
interest, including all intellectual property rights, in and to the BS&A IP and, with respect to Third -Party Products, the
applicable third -party providers own all right, title, and interest, including all intellectual property rights, in and to the
Third-Party Products.
10.2 Usage Data. Customer acknowledges that, as between BS&A and Customer, BS&A owns all right, title,
and interest, including all intellectual property rights, in and to the Usage Data.
10.3 Customer Data. BS&A acknowledges that, as between BS&A and Customer, Customer owns all right,
title, and interest, including all intellectual property rights, in and to the Customer Data.
10.4 Feedback. If Customer or any of its employees or contractors sends or transmits any communications
or materials to BS&A by mail, email, telephone, or otherwise, suggesting or recommending changes to the BS&A IP,
including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or
the like ( “Feedback”), BS&A is free to use such Feedback irrespective of any other obligation or limitation between the
Parties governing such Feedback.
11. Mutual Warranties; Disclaimer of Other Warranties.
11.1 Mutual Warranties. Each party hereby represents and warrants to the other that: (i) it has the full right,
power, and authority to enter into, execute, and perform its obligations under this Agreement without any conflict with
or violation of any other obligations to which it may be subject; and (ii) this Agreement is binding on such pa rty in
accordance with its terms.
11.2 Disclaimer of Other Warranties . THE BS&A IP IS PROVIDED “AS IS ” AND BS&A HEREBY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BS&A SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BS&A MAKES NO WARRANTY OF ANY
KIND THAT THE BS&A IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER ’S OR ANY OTHER
PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR
Page 7 of 12
GDSVF&H\9154876.4
WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM , OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL
CODE, OR ERROR FREE.
12. Indemnification.
12.1 BS&A Indemnification.
(a) BS&A shall indemnify, defend, and hold harmless Customer from and against any and all
losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Customer resulting from any
third-party claim, suit, action, or proceeding (“Third-Party Claim”) brought against Customer alleging that the Platform, or
any use of the Platform in accordance with this Agreement, infringes or misappropriates such third party ’s US intellectual
property rights; provided that Customer promptly notifies BS&A in writing of the claim, cooperates with BS&A, and allows
BS&A sole authority to control the defense and settlement of such claim.
(b) If such a claim is made or appears possible, Customer agrees to permit BS&A , at BS&A’s sole
discretion: to (i) modify or replace the Platform, or component or part thereof, to make it non-infringing; or (ii) obtain the
right for Customer to continue use. If BS&A determines that neither alternative is reasonably commercially available, BS&A
may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on
written notice to Customer, and as Customer ’s sole and exclusive remedy therefor, BS&A will provide to Customer a
prorated refund of prepaid, unused Fees attributable to the Platform (and not including any one-time Fees for Professional
Services).
(c) This Section 12.1 will not apply to the extent that the alleged infringement arises from: (i) use
of the Platform in combination with data, software, hardware, equipment, or technology not provided by BS&A or
authorized by BS&A in writing; (ii) modifications to the Platform not made by BS&A; (iii) Customer Data; or (iv) Third-Party
Products.
12.2 Customer Indemnification. To the extent permitted under applicable laws, Customer shall indemnify,
hold harmless, and, at BS&A ’s option, defend BS&A from and against any Losses resulting from any Third -Party Claim
alleging that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or
misappropriates such third party’s intellectual property or other rights and any Third-Party Claims based on Customer’s or
any Authorized User ’s (i) negligence or willful misconduct; (ii) use of the Platform in a manner not authorized by this
Agreement; or (iii) use of the Platform in combination with data, software, hardware, equipment or technology not
provided by BS&A or authorized by BS&A in writing; in each case provided that Customer may not settle any Third -Party
Claim against BS&A unless BS&A consents to such settlement, and further provided that BS&A will have the right, at its
option, to defend itself against any such Third -Party Claim or to participate in the defense thereof by counsel of its own
choice.
12.3 Sole Remedy. THIS SECTION 12 SETS FORTH CUSTOMER’S SOLE REMEDIES AND BS&A ’S SOLE LIABILITY
AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE PLATFORM INFRINGE,
MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
13. Limitations of Liability . IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS
AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS,
PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS,
INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF
REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BS&A WAS ADVISED OF THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL
EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR
EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND
OTHERWISE EXCEED THE GREATER OF THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO BS&A UNDER THIS AGREEMENT
IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR THE AMOUNT OF INSURANCE PROCEEDS
ACTUALLY AVAILABLE WITHOUT RESERVATION AT THE TIME OF SETTLEMENT OR JUDGMENT TO COVER THE CLAIM(S). THE
FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY WITH RESPECT TO LIABILITIES ARISING FROM: (A) A PARTY’S
BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8; (B) A PARTY’S GROSS NEGLIGENCE, FRAUD, OR
WILLFUL MISCONDUCT; OR (C) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 (PROVIDED THAT BS&A’S
TOTAL AGGREGATE LIABILITY IN CONNECTION WITH SUCH INDEMNIFICATION OBLIGATIONS WILL NOT EXCEED THE
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GREATER OF THREE TIMES (3X) THE TOTAL AMOUNTS PAID, AND/OR PAYABLE TO BS&A UNDER THIS AGREEMENT IN THE
TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR THE AMOUNT OF INSURANCE PROCEEDS ACTUALLY
AVAILABLE WITHOUT RESERVATION AT THE TIME OF SETTLEMENT OR JUDGMENT TO COVER THE CLAIM(S)).
14. Subscription Period and Termination.
14.1 Subscription Period . The initial term of this Agreement begins on the Effective Date and, unless
terminated earlier pursuant to this Agreement ’s express provisions, will continue in effect for the period identified in the
Order (the “Initial Subscription Period”). This Agreement will automatically renew for up to two (2) additional successive
one year terms unless earlier terminated pursuant to this Agreement ’s express provisions or either Party gives the other
Party written notice of non- renewal at least ninety (90) days prior to the expiration of the then -current term (each a
“Renewal Subscription Period” and together with the Initial Subscription Period, the “Subscription Period”).
14.2 Termination. In addition to any other express termination right set forth in this Agreement:
(a) BS&A may terminate this Agreement, effective on written notice to Customer, if Customer: (i)
f
ails to pay any amount when due hereunder, and such failure continues more than ten (10) calendar days after BS&A’s
delivery of written notice thereof; or (ii) breaches any of its obligations under Section 2.3 or Section 8;
(b) either Party may terminate this Agreement, effective on written notice to the other Party, if
the other Party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure,
remains uncured thirty (30) calendar days after the non-breaching Party provides the breaching Party with written notice
of such breach; or
(c) either Party may terminate this Agreement, effective immediately upon written notice to the
other Party, if the other Party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become
due; ( ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject,
voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; ( iii) makes or
seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee,
custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material
portion of its property or business.
(d) either Party may terminate this Agreement upon the expiration of the then -current term by
p
roviding written notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term.
(e) If customer cannot appropriate, or otherwise make available funds sufficient to fulfill the
Agreement, customer may unilaterally terminate this Agreement with thirty (30) days advance written notice to BS&A.
14.3 Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer
shall immediately discontinue use of the BS&A IP and, without limiting Customer’s obligations under Section 8, Customer
shall delete, destroy, or return all copies of the BS&A IP and certify in writing to the BS&A that the BS&A IP has been
deleted or destroyed. No expiration or termination will affect Customer’s obligation to pay all Fees that may have become
due before such expiration or termination or entitle Customer to any refund.
14.4 Survival. This Section 14.4 and Sections 1, 5, 8, 10, 11, 12, 13, 14.3, and 15 survive any termination or
expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this
Agreement.
15. Miscellaneous.
15.1 Relationship of the Parties. BS&A performs its obligations hereunder as an independent contractor and
not a partner, joint venture, or agent of Customer and shall not bind nor attempt to bind Customer to any contract without
Customer’s prior written approval on a case -by-case basis. B S&A is responsible for hiring, firing, and supervising its
personnel is solely responsible hereunder for its personnel, including without limitation for: (a) payment of compensation
to such personnel; (b) withholding (if applicable), paying, and reporting, for all personnel assigned to perform services
(including Professional Services) in connection with this Agreement, applicable tax withholding, social security taxes,
employment head taxes, unemployment insurance, and other taxes or charges applicable to such personnel; and (c) health
or disability benefits, retirement benefits, or welfare, pension, or other benefits (if any) to which such personnel may be
entitled. For purposes of clarity, BS&A’s personnel will not be eligible to participate in any of Customer’s employee benefit
plans, fringe benefit programs, group insurance arrangements, or similar programs.
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15.2 Entire Agreement . This Agreement, together with any other documents incorporated herein by
reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement
and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both
written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in
the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following
order of precedence governs: ( i) first, this Agreement; and (ii) second , any other documents incorporated herein by
reference.
15.3 Notices. All notices, requests, consents, claims, demands, waivers, and other communications
hereunder (each, a “Notice”) must be in writing and addressed to the Parties at the addresses set forth on the first page
of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in
accordance with this Section). All Notices mus t be delivered by personal delivery, nationally recognized overnight courier
(with all fees pre-paid), facsimile or email (with confirmation of transmission) or certified or registered mail (in each case,
return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i)
upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this
Section.
15.4 Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached
this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to
make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable
control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or othe r
civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any actio n taken
by a governmental or public authority, including imposing an embargo.
15.5 Amendment and Modification. No amendment or modification to this Agreement is effective unless it
is in writing and signed by an authorized representative of each Party.
15.6 Waiver. No failure or delay by either Party in exercising any right or remedy available to it in connection
with this Agreement will constitute a waiver of such right or remedy. No waiver under this Agreement will be effective
unless made in writing and signed by an authorized representative of the Party granting the waiver.
15.7 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction,
such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term o r provision in any other jurisdiction. Upon such determination that any term or other
provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to
effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions
contemplated hereby be consummated as originally contemplated to the greatest extent possible.
15.8 Governing Law; Submission to Jurisdiction . To the extent permissible under applicable laws, t his
Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving
effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any
jurisdiction other than those of the State of Delaware . To the extent permissible under applicable laws, a ny legal suit,
action, or proceeding arising out of or related to this Agreement must be instituted in the federal courts of the United
States or the courts of the State of Delaware in each case located in New Castle County , Delaware and each Party
irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. If Customer is located
in a jurisdiction that requires that this Agreement be governed by and construed in accordance with laws other than those
of the State of Delaware, or that require any legal suits, actions, or proceedings arising out of or related to this Agreement
be instituted in state and federal courts located anywhere other than New Castle County, Delaware, then the Parties agree
that such other laws shall apply and to institute any such legal suits, actions, or proceedings in such other jurisdiction(s).
15.9 Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder
(except in the case of either Party utilizing authorized subcontractors and consultants) , in each case whether voluntarily,
involuntarily, by operation of law or otherwise, without the prior written consent of the other Party . Any purported
assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the
assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit
of the Parties and their respective permitted successors and assigns. Notwithstanding the foregoing, either Party may
freely assign this Agreement to an affiliate or successor in interest in the event of a merger, acquisition, sale of all or
substantially all of its assets, corporate reorganization, or other change in control, without the prior consent of the other
Party.
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15.10 Export Regulation . The Platforms utilize software and technology that may be subject to US export
control laws, including the US Export Administration Act and its associated regulations. Customer shall not, directly or
indirectly, export, re-export, or release the Platform or the underlying software or technology to, or make the Platform or
the underlying software or technology accessible from, any jurisdiction or country to which export, re-export, or release is
prohibited by law, rule, or regulation. Customer shall comply with all appli cable federal laws, regulations, and rules, and
complete all required undertakings (including obtaining any necessary export license or other governmental approval),
prior to exporting, re -exporting, releasing, or otherwise making the Platform or the underlying software or technology
available outside the US.
15.11 US Government Rights . Each of the Documentation and software components that constitute the
Platform is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software”
and “commercial computer software documentation ” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if
Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect
to the Documentation and the Platform as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201
through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212,
with respect to all other US Government users and their contractors.
15.12 Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party
of any of its obligations under Section 8 or, in the case of Customer, Section 2.3, would cause the other Party irreparable
harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or
threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific
performance and any other relief that may be available from any court, without any requirement to post a bond or other
security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not
exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
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EXHIBIT B
PRICING SHEET
(Based on Quote 3695 dated 7/17/2026)
Page 12 of 12
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REQUEST FOR CONSIDERATION
COM
MITTEE CONSIDERATION: Village Board
ITEM DESCRIPTION: Consider Approval of Retail Sales Application with Wizard Works Brewing
Company
PREPARED BY: Caren Brustmann, Village Clerk
REPORT DATE: August 3, 2026
RECOMMENDED MOTION: I move to approve the producer full-service retail sales application with
Wizard Works Brewing Company at 8655 N. 43rd Street.
EXPLANATION:
Wizard Works Brewing Company currently operates a brewery and taproom in Milwaukee’s Historic
Third Ward at 231 E. Buffalo Street. It has been operating for over six years. They are considering
making an offer on the building at 8655 N. 43 rd Street. The intention is to open it initially as a
taproom serving beer, cider, and mead that is produced at their Milwaukee loc ation. It may also be
used as a production site in the future.
The applicant has submitted an AB-105 Producer Full-Service Retail Sales application. The State of
WI Department of Revenue would ultimately grant permission; however, they do require local
municipality approval. This type of application does not require a local license to operate.
Chris Ragaisis, owner, will be present to address any questions or concerns from the Village Board.
ATTACHMENTS:
• AB-105 Producer Full-Service Retail Sales application
Proposal for a Brewery & Community
Taproom
Liquor License Application
Executive Summary
We respectfully submit this proposal in support of our application for a liquor license to establish a locally owned
brewery and community taproom. Our vision is to create a welcoming, family-friendly gathering place that celebrates
locally crafted beer while fostering community engagement, supporting local businesses, and contributing to the
economic vitality of our Village.
The proposed taproom will be more than a place to enjoy craft beverages— it will serve as a neighborhood destination
where residents, visitors, artists, musicians, nonprofits, and small businesses can gather in a safe, inclusive, and
professionally managed environment.
Mission
Our mission is to create a community-focused brewery that produces high-quality craft beer while providing a
comfortable space where people can connect, celebrate local culture, and strengthen community relationships.
Community Benefits
The brewery and taproom will provide numerous benefits to the Village, including:
• Creation of local jobs and employment opportunities.
• Attraction of visitors interested in craft beer and local experiences.
• Collaboration with local food vendors, food trucks, and restaurants.
• Hosting charitable fundraisers and nonprofit events.
• Providing a venue for local artists, musicians, makers, and community organizations.
• Generating additional local tax revenue through business operations and tourism.
Responsible Alcohol Service
Responsible service is central to our business model. We are committed to:
• Ensuring all staff complete responsible beverage service training.
• Strictly verifying identification for every guest purchasing alcohol.
• Refusing service to intoxicated individuals.
• Maintaining clear policies to prevent underage drinking.
• Working cooperatively with local law enforcement and licensing authorities.
• Maintaining detailed operational procedures that prioritize public safety.
Taproom Operations
The taproom will operate as a relaxed and welcoming gathering place with an emphasis on moderation, hospitality,
and community.
Planned features include:
• Small-batch craft beer.
• Comfortable indoor seating and community tables.
• Outdoor seating, where permitted.
• Family-friendly hours with designated evening programming.
• Rotating food trucks and partnerships with local restaurants.
• Trivia nights, live acoustic music, live magic performances, and community events.
• Private event opportunities for local organizations and businesses.
Community Engagement
The brewery intends to become an active community partner by:
• Hosting fundraising events for local nonprofits.
• Supporting schools, civic organizations, and neighborhood initiatives where appropriate.
• Featuring local artists through rotating exhibits.
• Offering educational workshops on brewing and responsible alcohol consumption.
• Participating in Village festivals and community celebrations.
Economic Impact
The proposed brewery will represent a long-term investment in the community by:
• Creating employment opportunities.
• Purchasing goods and services from local vendors whenever possible.
• Encouraging visitors to spend time in nearby shops and restaurants.
• Revitalizing commercial activity within the surrounding neighborhood.
• Contributing to increased sales and property tax revenues.
Commitment to the Neighborhood
We recognize that operating a brewery carries significant responsibility. We are committed to maintaining a clean,
attractive, and professionally managed establishment that respects neighboring businesses and residents.
Our management team will actively address community concerns, maintain open communication with Village officials,
and ensure the business remains a positive asset to the neighborhood.
Conclusion
We respectfully request approval of our liquor license application. Our brewery and community taproom has been
thoughtfully designed to provide a safe, welcoming environment that supports local economic development,
encourages community connections, and reflects the values of our Village.
We appreciate the Village's consideration of this proposal and look forward to becoming a responsible and engaged
member of the community for years to come.
Producer Full-Service Retail Sales Application
AB-105 (R. 1-25) Wisconsin Department of Revenue
Form
AB-105
Part A: Producer Information
Part C: Request for Full-Service Retail Sales at the Production Premises
Complete only ONE of Part C, D or E.
Part D: Request for Fixed Full-Service Retail Outlet
1. Business Legal Name (individual name if sole proprietor)
2. Business Name or DBA
4. FEIN
6. Wisconsin Producer Permit Number
5. Wisconsin Seller’s Permit Number
3. Agent Name
2. Production Premises Address1. Start Date
2. Current Outlet Name
3. Current Outlet Premises Address
8. Contact Person’s First Name
11. Contact Person’s Phone
9. Last Name
12. Contact Person’s Email
5. Zip Code
6. Zip Code
10. M.I.
4. State
5. State
7.
Producer Type
Less than 250 barrels Less than 1,500 liters Less than 1,000 gallons
250 - 2,499 barrels 1,500 - 4,999 liters 1,000 - 4,999 gallons
2,500 - 7,499 barrels 5,000 - 34,999 liters 5,000 - 24,999 gallons
7,500 or more barrels 35,000 or more liters 25,000 or more gallons
Brewery Winery Liquor Manufacturer/Rectifier
Part B: Production Quantity
Brewery Manufacturer/Rectifier Winery
Note: Check appropriate quantity for permit held (see instructions). If you hold more than one producer permit, check the total aggregate
quantity produced for each type of permit. Enter the highest quantity produced in any of the last three calendar years.
Calendar year:Calendar year: Calendar year:
Quantity:Quantity: Quantity:
- 1 -
7. Governing Municipality
of:
3. City
4. City
6. County City Town Village
1. Are you transferring one fixed full-service retail outlet to a new location? ................................ Yes No
If yes, complete boxes 2 through 9.
Continued →
9. Premises Phone Number8. Governing Municipality
of:
7. County City Town Village
Date
Wizard Works Brewing Company
Wizard Works Brewing Company Chris Ragaisis
83-4357477 456-1029476793-04
BR-WI-21228 ✔
Chris Ragaisis
(414) 748-3222 chris@wizardworksbrewing.com
✔
2026
257.57
✔
- 2 -
Part D: Request for Fixed Full-Service Retail Outlet (Cont.)
Part E: Request for Unlimited Transfer Full-Service Retail Outlet
AB-105 (R. 1-25)
13. City
5. City
11. New Outlet Name10. Start Date
1. Name of Event (if applicable)
12. New Outlet Premises Address
2. Dates of Operation (attach a schedule, if necessary)
4. Premises Address
3. Hours of Operation
New Fixed Retail Outlet Information (complete boxes 10 through 23)
15. Zip Code
7. Zip Code
18. Premises Phone Number
11. Email and/or Phone Number for Organizer of Event
13. Event Website
14. State
6. State
19. Premises Description - Describe the building or buildings and any outside areas where alcohol beverages are produced, sold,
stored, or consumed, and related records are kept. Describe all rooms within the building, including living quarters. Authorized
alcohol beverage activities and storage of records may occur only on the premises described in this application. Attach a map or
diagram and additional sheets if necessary.
14. Premises Description - Describe the building or buildings and any outside areas where alcohol beverages are produced, sold,
stored, or consumed, and related records are kept. Describe all rooms within the building, including living quarters. Authorized
alcohol beverage activities and storage of records may occur only on the premises described in this application. Attach a map or
diagram and additional sheets if necessary.
17. Governing Municipality
of:
16. County
8. County
10. Organizer of Event (if not the named applicant)
12. Organizer W
ebsite
15. On-Site Contact (Last Name, First Name)
City Town Village
9. Governing Municipality
of:
City Town Village
20. Will you operate a restaurant on the premises?................................................... Yes No
18. Will you operate a restaurant on the premises?................................................... Yes No
21. What alcohol beverages will be offered for sale? (check all that apply) ..... Beer Wine Intoxicating Liquor (other than wine)
19. What alcohol beverages will be offered for sale? (check all that apply) ..... Beer Wine Intoxicating Liquor (other than wine)
22. What alcohol beverages does the permittee produce? (check all that apply) Beer Wine Intoxicating Liquor (other than wine)
20. What alcohol beverages does the permittee produce? (check all that apply) Beer Wine Intoxicating Liquor (other than wine)
23. How will customers be served? (check all that apply) ... Samples On-premises consumption Off-premises consumption
21. How will customers be served? (check all that apply) ... Samples On-premises consumption Off-premises consumption
16. On-Site Contact Phone 17. On-Site Contact Email
Continued →
10/01/2026 Wizard Works Brewing Company
8655 N. 43rd St.
Brown Deer WI 53209
Milwaukee
✔
Brown Deer
Single story building. Half the space on the north side of the building will be used for
a taproom with locked access to liquor storage and a walk-in cooler. A patio on the
north side of the building can be used for outdoor drinking and dining. There are 2
bathrooms, a mechanical room, and 5 smaller rooms for future reconfiguration and kitchen
✔
✔ ✔ ✔
✔
✔ ✔ ✔
- 3 -
Part G: For Municipal Use Only (Complete if Requesting Authorization in Part D or E)
Part F: Attestation
READ CAREFULLY BEFORE SIGNING:
I understand and agree to the following:
• I will not operate this location outside of the dates and times approved by the municipality and Division of Alcohol Beverages.
• I will operate this location according to municipal ordinance and restrictions imposed as a condition of receiving this authorization.
• I will purchase alcohol beverages I do not produce from an authorized source, such as a Wisconsin-permitted wholesaler.
• I will operate this location according to Wisconsin law and administrative regulation including but not limited to: underage restrictions, closing
hours, licensed operators, and record keeping requirements.
Further, under penalty of law, I have answered each of the above questions completely and truthfully. I agree that I am acting solely on behalf of
the applicant business and not on behalf of any other individual or entity seeking the authorization. Further, I agree that the rights and responsibili -
ties conferred by the authorization, if granted, will not be assigned to another individual or entity. I understand that lack of access to any portion
of a premises during inspection will be deemed a refusal to allow inspection. Such refusal is a misdemeanor and grounds for rev ocation of this
authorization. I understand that any authorization issued contrary to Wis. Stats. Chapter 125 shall be void under penalty of Wi sconsin law. I further
understand that I may be prosecuted for submitting false statements and affidavits in connection with this application, and that any person who
knowingly provides materially false information on this application may be required to forfeit not more than $1,000 if convicted.
Who must sign this application?
• sole proprietor • general partner of a partnership • corporate officer • member of an LLC
Signature Date
Title Email Phone
AB-105 (R. 1-25)
4. Last Name of Municipal Official
3. Describe municipal restrictions indicated in questions 1 or 2 above.
6. M.I.
8. Date
10. Date Full-Service Retail Outlet Approved by Governing Body
5. First Name
7. Signature of Municipal Official
9. Date Application was Filed with Clerk
Last Name First Name M.I.
1. Will the municipality limit the scope of alcohol beverages offered for sale?............................... Yes No
2. Will the municipality impose any requirements or restrictions for the full-service retail outlet? . . . . . . . . . . . . . . . . Yes No
07/22/2026
Ragaisis Chris
Owner chris@wizardworksbrewing.com (414) 748-3222
Chris Ragaisis
- 1 -Form AB-105 Instructions
Form AB-105 Instructions
Producer Full-Service Retail Sales Application
Who may apply for full-service retail sales?
Producer permittees may apply for full-service retail sales on or off the production premises. Producer permittees include
brewers, rectifiers, manufacturers, and wineries.
Who qualifies for full-service retail sales?
• A brewery that manufactures a minimum of 250 barrels of fermented malt beverages.
• A manufacturer/rectifier that produces a minimum of 1,500 liters of intoxicating liquor.
• A winery that produces a minimum of 1,000 gallons of wine.
What are full-service retail sales?
Permittees that are granted full-service retail sales privileges may:
• Sell fermented malt beverages and intoxicating liquor at retail for on- or off-premises consumption at their production
premises and at one or more off-site full-service retail outlets.
• Provide taste samples of fermented malt beverages and intoxicating liquor.
What are full-service retail outlets?
Full-service retail outlets are authorized locations for full-service retail sales at places other than the permittee’s production
premises.
What is the difference between a fixed and unlimited transfer full-service retail outlet?
Fixed full-service retail outlets may be transferred from one location to another once per year. Unlimited transfer full-service
retail outlets may be transferred an unlimited number of times in a year. Only one of a producer’s full-service retail outlets
may be transferred without limitation on frequency.
How many full-service retail outlets may I have?
The number of full-service retail outlets a producer qualifies for is determined by alcohol beverage production volume.
Producers may have a maximum of three full-service outlets, regardless of the number or type of producer permits they hold.
Who approves full-service retail sales?
Full-service retail sales on the production premises need only be approved by the Division of Alcohol Beverages. Municipalities
do not issue licenses for full-service retail sales outlets; however, municipalities must approve of the outlets. The applicant
must forward the municipal approval to the Division of Alcohol Beverages for final granting of the authority for sales to
commence on the premises.
Can a municipality limit authorized sales at a full-service retail outlet?
Yes, a municipality can limit authorized sales at a full-service retail outlet. Municipalities may limit the scope of alcohol
beverages offered for sale by the permittee. Municipal approval of a full-service retail outlet must be based on the same
standards and criteria, established by ordinance, for the evaluation and approval of retail licenses. A municipality may
not impose any requirement or restriction in connection with the approval that the municipality does not impose on retail
licensees.
How do I fill out Form AB-105 and begin the application process?
Authorizations requested on Form AB-105 must be applied for only one premises in one municipality at a time. To request
multiple authorizations, submit a separate Form AB-105 for each location/premises.
Parts A, B, and F: Applicants must complete Parts A, B, and F.
Parts C, D, and E: Complete only one Part. Form AB-105 must be used to request only one authorization at a time.
Example: A producer applicant requesting full-service retail sales authorization on the production premises should complete
Parts A, B, C, and F.
Example: A producer applicant requesting a fixed full-service retail outlet should complete Parts A, B, D, and F.
Wisconsin Department of Revenue
- 2 -Form AB-105 Instructions
Example: A producer applicant requesting an unlimited transfer full-service retail outlet should complete Parts A, B, E, and F.
Producer applicants requesting authorization in Part E must complete one Form AB-105 for each premises. Applicants may
use the same Form AB-105 to request authorization for multiple dates and times occurring on the same premises.
Municipal approval is required for authorizations requested in Parts D and E. If a producer is applying for authorization in
either of these sections, the completed application must first be submitted to the governing municipality.
After the municipality has granted approval by completing Part G, the applicant should submit AB-105 to the Division of
Alcohol Beverages for final approval. If the applicant is only requesting authorization in Part C, the application does not
require municipal approval and may be submitted directly to the Division of Alcohol Beverages.
Specific Instructions:
Part A: Producer Information
• Box 1: Enter the legal business name.
• Box 2: Enter the trade name or “doing business as” name, if different than the name in box 1.
• Box 3: Enter the name of the approved agent appointed for your producer permit.
• Box 4: Enter Federal Employer Identification Number (FEIN).
• Box 5: Enter Wisconsin seller’s permit number.
• Box 6: Enter the 15-digit Wisconsin Tax Account Number of the permit that these authorizations should be associated
with.
• Box 7: Check the corresponding producer permit type.
• Box 8-10: Enter contact person’s name.
• Box 11: Enter contact person’s phone number.
• Box 12: Enter contact person’s email address.
Part B: Production Quantity
• Check the highest cumulative total of alcohol beverages produced in any one of the three preceding calendar years
for each specific permit type held.
◦Do not include alcohol beverages produced under a contract production agreement.
• Enter the calendar year in which the highest cumulative total of alcohol beverages produced was met.
• Enter the exact quantity of alcohol beverages produced.
• If an applicant holds more than one type of permit or multiple permits of the same type, the aggregate number of
full-service retail outlets that may be established is the maximum number authorized under their permit type, but not
exceeding three full-service retail outlets.
◦Under these circumstances, each authorized full-service retail outlet shall serve as the full-service retail outlet
associated with each applicable permit, regardless of whether permittee would otherwise be entitled to fewer full-
service retail outlets when calculated under their other permit(s).
Part C: Request for Full-Service Retail Sales at the Production Premises
• Authorization under this portion does not require municipal approval. If the applicant is not seeking other retail
authorizations on this form, it can be submitted directly to the Division of Alcohol Beverages.
• Box 1: Enter the date that you would like to begin full-service retail sales.
• Box 2-5: List the premises address for the permit identified in Part A, boxes 5 and 6.
• Box 6: Name the county where the production premises is located.
• Box 7: Name the governing municipality where the production premises is located.
Part D: Request for Fixed Full-Service Retail Outlet
• Authorization under this section must be approved by the municipality in which the retail outlet is located prior to
submitting to the Division of Alcohol Beverages for final approval.
• Box 1: Check yes if you are applying to transfer a fixed full-service outlet from one location to another. Fixed Full-
Service Retail Outlets may be transferred from place-to-place once per year with approval of the municipality that
governs the new location.
• Boxes 2-9: Complete these boxes if you checked yes in box 1 to describe the current premises you are applying to
transfer.
- 3 -Form AB-105 Instructions
• Box 10: Enter the date that you would like to open the full-service retail outlet for business.
• Boxes 11-18: Complete these boxes to describe the location of your new premises.
• Box 19: Describe the premises in detail. Include outdoor spaces if the municipality allows it. Attach a floor plan if
possible.
Example: The premises is located at 1234 Main St., Realtown, WI 12345 and includes only the first-floor bar room, dining
room, kitchen, north storage room, and south office of the 5,000-square-foot building.
• Box 20: Producers may operate a restaurant on the premises of a full-service retail outlet with municipal and division
approval.
• Box 21: Check all types of alcohol beverages that will be offered for sale at the full-service retail outlet, including
beverages made by the producer or producer group.
• Box 22: Check all the alcohol beverages that are made by the producer under all their permits.
• Box 23: Check all types of service that apply to this full-service retail outlet.
◦Samples mean 3 oz. of beer, 3 oz. of wine, or 0.5 oz. of liquor provided free of charge to an individual.
◦On-premises consumption means alcohol beverages served by the glass to be consumed by the customer at the
premises identified in Box 18.
◦Off-premises consumption means alcohol beverages sold in original, unopened containers for customers to consume
away from the premises identified in Box 18.
Part E: Request for Unlimited Transfer Full-Service Retail Outlet
• Authorizations under Part E must be for dates of operation where the unlimited transfer location will be located at the
same premises in the same municipality. You must use a new Form AB-105 to request authorization for each separate
premises, regardless of whether the separate premises are in the same municipality.
• Box 1: If you are requesting authorization to initiate or move your unlimited transfer outlet to a specific event like a
farmer’s market, festival, or other community event, name it here.
• Box 2: List the requested dates of operation. Attach a schedule or calendar of events, if necessary.
• Box 3: List the requested hours of operation. If no hours are listed, the approving municipality and the Division will
assume you are seeking authorization to operate during all hours allowed under Chapter 125, Wis. Stats.
• Box 4-9: Identify the premises address.
• Box 10-13: If you are requesting authorization to move your unlimited transfer outlet to a specific event, provide contact
information for the event organizer, if not the named applicant.
• Box 14: Describe the premises in detail. Include outdoor spaces if the municipality allows it. Attach a floor plan if
possible.
Example: The premises is located at 1234 Main St., Realtown, WI, 12345, and includes only the first-floor bar room,
dining room, kitchen, north storage room, and south office of the 5,000 square foot building.
Example: The premises is the 1 ,000-square-foot tent within the southwest corner of the parking lot located at XYZ
Church at 3456 Main St., Realtown, WI, 12345. All sales and storage of alcohol beverages and records will occur within
the 1,000-square-foot tent in the southwest corner of the parking lot.
Example: The premises is located at PDQ Park (7890 Main St., Realtown, WI, 12345). A 5,000-square-foot tent will be
constructed in the northeast corner of the park bordering the tree line and northern fence. All alcohol beverage sales and
consumption will occur at this tent. Premises includes the adjacent north park office and the space between the tent and
the office. Alcohol beverages and records will be securely stored in the north park office for the duration of the event.
• Box 15-17: Provide the name and contact information for a person who will be in control of the premises for the duration
of the requested time.
• Box 18: Producers may operate a restaurant on the premises of a full-service retail outlet with municipal and Division
of Alcohol Beverages approval.
• Box 19: Check all types of alcohol beverages that will be offered for sale at the full-service retail outlet, including
beverages made by the producer under all their permits.
• Box 20: Check all the alcohol beverages that are made by the producer under all their permits.
• Box 21: Check all the types of service that apply to this full-service retail outlet.
◦Samples mean 3 oz. of beer, 3 oz. of wine, or 0.5 oz. of liquor provided free of charge to an individual.
◦On-premises consumption means alcohol beverages served by the glass to be consumed by the customer at the
premises identified in Box 14.
- 4 -Form AB-105 Instructions
◦Off-premises consumption means alcohol beverages sold in original, unopened containers for customers to consume
away from the premises identified in Box 14.
Part F: Attestation
• Read the attestation carefully, then sign and date.
Part G: For Municipal Use Only
• Box 1: Check yes or no to indicate if the municipality will limit the scope of alcohol beverages offered for sale at this
full-service retail outlet.
• Box 2: Check yes or no to indicate if the municipality will impose other requirements or restrictions on the full-service
retail outlet.
• Box 3: Describe any limitations the municipality has placed on the full-service retail outlet as indicated in questions 1
or 2. Some limitations may be: parking, zoning, or noise ordinance restrictions; not allowing sales of alcohol beverages
for off-premises consumption.
• Box 4-10: The municipal official completing this part should fill in the information requested.
Completion and Submission of Form AB-105
• The producer applicant should complete Parts A, B, and F completely, and either Part C, D, or E, depending on the
type of authorization requested.
• If requesting only a Part C authorization, the application can be submitted directly to the Division of Alcohol Beverages.
No municipal approval is required for Part C authorizations.
• If requesting a Part D or E authorization, provide the application to the municipality where the proposed full-service
retail outlet will be located.
◦The municipality should complete Part G and return it to the producer applicant.
◦The producer applicant should provide the completed AB-105 to the Division of Alcohol Beverages for final approval.
• Sales of alcohol beverages at full-service retail outlets may not commence until the Division of Alcohol Beverages has
provided final approval by way of issuing a printed authorization to the applicant to be posted at the retail premises
identified in this application.
After Form AB-105 is completed by the producer and approved by the municipality in Part G, submit the form to the
Division of Alcohol Beverages for final approval in one of two ways:
• Email: DORAlcoholPermits@wisconsin.gov
• Mail the form to the following address:
Wisconsin Department of Revenue
Division of Alcohol Beverages
P.O. Box 8934
Madison, WI 53708-8934
Assistance
This form is designed by the Department of Revenue. If you require assistance with this form, consider reaching out to
the Division of Alcohol Beverages for assistance with submission of this application and associated forms.
If you have questions about alcohol beverage laws and regulations, you may contact the Division of Alcohol Beverages
using the contact information below.
Website: DOR Alcohol Beverage (wi.gov)
Write: DORAlcohol@wisconsin.gov
Call: (608) 266-2526
- 1 -
\\bdg-
p-fs-01\groups\Committees\VB\Packets\2026\08.03.2026\DonutMonster2_VB.doc
REQUEST FOR CONSIDERATION
COM
MITTEE CONSIDERATION: Village Board
ITEM DESCRIPTION: Review and Possible Approval of an Updated Offer to Purchase from
Atwood LLC for 8725 N. Deerwood Drive
PREPARED BY: Nate Piotrowski, Development Director
REPORT DATE: July 30, 2026
BACKGROUND:
The Board previously approved an offer to purchase from Atwood LLC (bda Donut
Monster/Brute Pizza) for the Village owned building in Community Square, and adjacent land.
Atwood has made some minor changes to the offer that include:
• Change closing date: now proposed as no later than November 7, 2026
• Addition of a financing contingency within offer and addendum
• Addition of appraisal and environmental contingency in addendum
The extension of the closing date is reasonable, and the proposed contingencies are typical of
real estate offers and do not cause staff concern.
Recommended Motion:
A motion to approve the updated offer to purchase.
Approved by the Wisconsin Real Estate Examining Board
7-1-24 (Optional Use Date) 8-15-24 (Mandatory Use Date) Page 1 of 12, WB-15
WB-15 COMMERCIAL OFFER TO PURCHASE
1 LICENSEE DRAFTING THIS OFFER ON [DATE] IS (AGENT OF BUYER)
2 (AGENT OF SELLER/LISTING FIRM) (AGENT OF BUYER AND SELLER ) STRIKE THOSE NOT APPLICABLE
3 The Buyer, ,
4 offers to purchase the Property known as
5
6 [e.g., Street Address, Parcel Number(s), legal description, or insert additional description, if any, at lines 625-
7 642, or attach as an addendum per line 668] in the of , County
8 of Wisconsin, on the following terms:
9 PURCHASE PRICE The purchase price is
10 Dollars ($ ).
11 INCLUDED IN PURCHASE PRICE Included in purchase price is the Property, all Fixtures on the Property as of the date
12 stated on line 1 of this Offer (unless excluded at lines 20-23), and the following additional items:
13
14
15
16 All personal property included in purchase price will be transferred by bill of sale or
17 NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are included
18 or not included.
19 NOT INCLUDED IN PURCHASE PRICE Not included in purchase price is Seller’s personal property (unless included at
20 lines 12-15) and the following:
21
22
23 .
24 CAUTION: Identify trade fixtures owned by tenant, if applicable, and Fixtures that are on the Property (see lines 26-
25 34) to be excluded by Seller or that are rented and will continue to be owned by the lessor.
26 “Fixture” is an item of property which is physically attached to or so closely associated with land or improvements so as to
27 be treated as part of the real estate, including, without limitation, physically attached items not easily removable without
28 damage to the premises, items specifically adapted to the premises and items customarily treated as fixtures, including, but
29 not limited to, all: garden bulbs; plants; shrubs and trees; screen and storm doors and windows; electric lighting fixtures;
30 window shades; curtain and traverse rods; blinds and shutters; central heating and cooling units and attached equipment;
31 water heaters and treatment systems; sump pumps; attached or fitted floor coverings; awnings; attached antennas; garage
32 door openers and remote controls; installed security systems; central vacuum systems and accessories; in-ground sprinkler
33 systems and component parts; built-in appliances; ceiling fans; fences; storage buildings on permanent foundations and
34 docks/piers on permanent foundations. A Fixture does not include trade fixtures owned by tenants of the Property.
35 CAUTION: Exclude Fixtures not owned by Seller such as rented fixtures. See lines 20-23.
36 This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to BuyerBINDING ACCEPTANCE
37 on or before . Seller may keep the Property
38 on the market and accept secondary offers after binding acceptance of this Offer.
39 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
40 ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical
copies of the Offer.41
42 CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term
43 deadlines running from acceptance provide adequate time for both
binding acceptance and performance.
44 CLOSING This transaction is to be closed on
45 at the place selected by Seller,
46 unless otherwise agreed by the Parties in writing. If the date for closing falls on Saturday, Sunday, or a federal or a state
47 holiday, the closing date shall be the next Business Day.
48 CAUTION: To reduce the risk of wire transfer fraud, any wiring instructions received should be independently
49 verified by phone or in person with the title company, financial institution, or entity directing the transfer. The real
50 estate licensees in this transaction are not responsible for the transmission or forwarding of any wiring or money
51 transfer instructions.
52 EARNEST MONEY
53 EARNEST MONEY of $ accompanies this Offer.
54 If Offer was drafted by a licensee, receipt of the earnest money accompanying this Offer is acknowledge d.
55 EARNEST MONEY of $ will be mailed, or commercially, electronically
56 or personally delivered within days (“5” if left blank) after acceptance.
Phone: Fax:
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Colliers International
July 27, 2026
Donut Monster, LLC or assigns
8725 N. Deerwood Dr.
Village Brown Deer
Milwaukee
Four Hundred Twenty-Five Thousand
425,000.00
All furniture,
fixtures and equipment as currently situated on the premises.
N/A
August 7, 2026
November 7, 2026
10,000.00
5
Colliers International 833 E. Michigan Street Milwaukee, WI 53202 4142786813 8725 N. Deerwo
Dan Wroblewski
Page 2 of 12, WB-15Property Address:
57 All earnest money shall be delivered to and held by (listing Firm) (drafting Firm) (other identified as
58 ) STRIKE THOSE NOT APPLICABLE
59 (listing Firm if none chosen; if no listing Firm, then drafting Firm; if no Firm then Seller).
60 CAUTION: If a Firm does not hold earnest money, an escrow agreement should be drafted by the Parties or an
61 attorney as lines 64-84 do not apply. If someone other than Buyer pays earnest money, consider a special
62 disbursement agreement.
63 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise agreed in writing.
64 DISBURSEMENT IF EARNEST MONEY HELD BY A FIRM: If negotiations do not result in an accepted offer and the
65 earnest money is held by a Firm, the earnest money shall be promptly disbursed (after clearance from payer's depository
66 institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest money shall
67 be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according
68 to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been
69 delivered to the Firm holding the earnest money within 60 days after the date set for closing, that Firm may disburse the
70 earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller;
71 (2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; (4)
72 upon authorization granted within this Offer; or (5) any other disbursement required or allowed by law. The Firm may retain
73 legal services to direct disbursement per (1) or to file an interpleader action per (2) and the Firm may deduct from the
74 earnest money any costs and reasonable attorneys’ fees, not to exceed $250, prior to disbursement.
75 LEGAL RIGHTS/ACTION: The Firm’s disbursement of earnest money does not determine the legal rights of the Parties
76 in relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by the Firm holding the earnest
77 money. At least 30 days prior to disbursement per (1), (4) or (5) above, where the Firm has knowledge that either Party
78 disagrees with the disbursement, the Firm shall send Buyer and Seller written notice of the intent to disburse by certified
79 mail. If Buyer or Seller disagrees with the Firm’s proposed disbursement, a lawsuit may be filed to obtain a court order
80 regarding disbursement. Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of
81 residential property with one-to-four dwelling units. Buyer and Seller should consider consulting attorneys regarding their
82 legal rights under this Offer in case of a dispute. Both Parties agree to hold the Firm harmless from any liability for good
83 faith disbursement of earnest money in accordance with this Offer or applicable Department of Safety and Professional
84 Services regulations concerning earnest money. See Wis. Admin. Code Ch. REEB 18.
85 TIME IS OF THE ESSENCE “Time is of the Essence” as to: (1) earnest money payment(s); (2) binding acceptance; (3)
86 occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE and all other dates and Deadlines in
87 this Offer except:
88 . If “Time is of the Essence” applies to a date or Deadline,
89 failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to a date
90 or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs.
91 PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has
92 no notice or knowledge of Conditions Affecting the Property or Transaction (lines 104-173) other than those identified in
93 Seller's disclosure report dated and a Real Estate Condition Report, if applicable, dated
, which was/were received by Buyer prior to Buyer signing this Offer and which is/are made a part of this94
95 offer by reference COMPLETE DATE OR STRIKE AS APPLICABLE and
96
97
98 INSERT CONDITIONS NOT ALREADY INCLUDED IN THE DISCLOSURE OR CONDITION REPORT(S).
99 CAUTION: If the Property includes 1-4 dwelling units, a Real Estate Condition Report containing the disclosures
100 provided in Wis. Stat. § 709.03 may be required. Excluded from this requirement are sales of property that has
101 never been inhabited, sales exempt from the real estate transfer fee, and sales by certain court-appointed
102 fiduciaries, for example, personal representatives, who have never occupied the Property. Buyer may have
103 rescission rights per Wis. Stat. § 709.05.
104 “Conditions Affecting the Property or Transaction” are defined to include:
105 a. Defects in the structure or structural components on the Property, e.g. roof, foundation (including cracks, seepage, and
106 bulges), basement or other walls.
107 b. Defects in mechanical systems, e.g. HVAC (including the air filters and humidifiers), electrical, plumbing, septic, wells,
108 fire safety, security or lighting.
109 c. Defects in a well on the Property or in a well that serves the Property, including unsafe well water, a joint well serving
110 the Property or any Defect related to a joint well serving the Property.
d. Water quality issues caused by unsafe concentrations of or unsafe conditions relating to lead.111
112 e. Defects in septic system or other private sanitary disposal system on or serving the Property or any out-of-service
113 septic system serving the Property not closed or abandoned according to applicable regulations.
114 f. Underground or aboveground storage tanks presently or previously on the Property for storage of flammable or
115 combustible liquids, including but not limited to gasoline and heating oil, or any Defects in such tanks presently or previously
116 on the Property; LP tanks on the Property or any defects in such LP tanks.
117 g. Defect or contamination caused by unsafe concentrations of, or unsafe conditions relating to, lead in paint, lead in soil,
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8725 N. Deerwood Dr, Brown Deer, WI
Title Company
8725 N. Deerwo
Property Address: Page 3 of 12, WB-15
118 presence of asbestos or asbestos-containing materials, radon, radium in water supplies, mold, pesticides or other potentially
119 hazardous or toxic substances on the Property.
120 h. Manufacture of or spillage of methamphetamine (meth) or other hazardous or toxic substances on the Property.
121 i. Zoning or building code violations, any land division involving the Property for which required state or local permits had
122 not been obtained, nonconforming structures or uses, conservation easements.
123 j. Special purpose district, such as a drainage district, lake district, sanitary district or sewer district, that has the authority
124 to impose assessments against the real property located within the district.
125 k. Proposed, planned or commenced construction of public improvements which may result in special assessments or
126 otherwise materially affect the Property or the present use of the Property.
127 l. Federal, state or local regulations requiring repairs, alterations or corrections of an existing condition, such as orders to
128 correct building code violations.
129 m. Flooding, standing water, drainage problems or other water problems on or affecting the Property.
130 n. Material damage from fire, wind, floods, earthquake, expansive soils, erosion or landslides.
131 o. Nearby airports, freeways, railroads or landfills, or significant odor, noise, water intrusion or other irritants emanating
132 from neighboring property.
133 p. Current or previous termite, powder post beetle, or carpenter ant infestations or Defects caused by animal, reptile, or
insect infestations.134
135 q. Property or portion of the Property in a floodplain, wetland or shoreland zoning area under local, state or federal
regulations.136
137 r. Property is subject to a mitigation plan required under administrative rules of the department of Natural Resources
138 related to county shoreland zoning ordinances, which obligates the owner of the Property to establish or maintain certain
139 measures related to shoreland conditions and which is enforceable by the county.
140 s. Nonowners having rights to use part of the Property, other than public rights-of-way, including, but not limited to, private
141 rights-of-way and private easements, other than recorded utility easements; lack of legal access or access restrictions;
142 restrictive covenants and deed restrictions; shared fences, walls, wells, driveways, signage or other shared usages; or
143 leased parking.
144 t. Boundary or lot line disputes, encroachments, or encumbrances affecting the Property.
145 u. High voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the
Property.146
147 v. Structure on the Property designated as a historic building, all or any part of the Property located in a historic district, or
burial sites or archeological artifacts on the Property.148
w. All or part of the land has been assessed as agricultural land, the owner has been assessed a use-value conversion149
charge or the payment of a use-value conversion charge has been deferred.150
151 x. All or part of the Property is subject to, enrolled in or in violation of a certified farmland preservation zoning district or a
farmland preservation agreement, or a Forest Crop, Managed Forest Law (see disclosure requirements in Wis. Stat. §152
153 710.12), Conservation Reserve or a comparable program.
154 y. A pier is attached to the Property that is not in compliance with state or local pier regulations, a written agreement
affecting riparian rights related to the Property; or the bed of the abutting navigable waterway is owned by a hydroelectric155
156 operator.
157 z. A dam is totally or partially located on the Property; or an ownership interest in a dam not located on the Property will
be transferred with the Property because the dam is owned collectively by a homeowners’ association, lake district, or158
159 similar group of which the Property owner is a member.
160 aa.Government investigation or private assessment/audit of environmental matters conducted.
161 bb.Presence of or a Defect caused by unsafe concentrations of, unsafe conditions relating to, or the storage of hazardous
162 or toxic substances on neighboring properties.
163 cc. Owner’s receipt of notice of property tax increases, other than normal annual increases, or notice or knowledge of a
pending property reassessment, remodeling that may increase the property’s assessed value, or pending special164
165 assessments.
166 dd.Agreements that bind subsequent owners of the property, such as a lease agreement or an extension of credit from
an electric cooperative.167
168 ee.Remodeling, replacements, or repairs affecting the Property’s structure or mechanical systems that were done or
additions to the Property that were made during the owner’s period of ownership without the required permits.169
170 ff. Rented items located on the Property or items affixed to or closely associated with the Property.
171 gg.Owner is a foreign person as defined in the Foreign Investment in Real Property Tax Act in 26 IRC § 1445(f).
172 hh.Other Defects affecting the Property, including, without limitation, drainage easement or grading problems; or excessive
sliding, settling, earth movement or upheavals.173
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8725 N. Deerwood Dr, Brown Deer, WI
8725 N. Deerwo
Property Address: Page 4 of 12, WB-15
174 PROPOSED USE CONTINGENCIES: This Offer is contingent upon Buyer obtaining, at Buyer’s expense, the reports or
175 documentation required by any optional provisions checked on lines 185-197 below. The optional provisions checked on
176 lines 185-197 shall be deemed satisfied unless Buyer, within days (“30” if left blank) after acceptance, delivers: (1)
177 written notice to Seller specifying those optional provisions checked below that cannot be satisfied and (2) written evidence
178 substantiating why each specific provision referred to in Buyer’s notice cannot be satisfied. Upon delivery of Buyer’s notice,
this Offer shall be null and void. Seller agrees to cooperate with Buyer as necessary to satisfy the contingency provisions179
checked at lines 185-197.180
Proposed Use: Buyer is purchasing the Property for the purpose of:181
182
[insert proposed use and type and183
size of building, if applicable; e.g. restaurant/tavern with capacity of 350 and 3 second floor dwelling units].184
ZONING: Verification of zoning and that the Property’s zoning allows Buyer’s proposed use described at lines185
181-183.186
EASEMENTS AND RESTRICTIONS: Copies of all public and private easements, covenants and restrictions187
affecting the Property and a written determination by a qualified independent third party that none of these prohibit or188
significantly delay or increase the costs of the proposed use or development identified at lines 181-183.189
APPROVALS: All applicable governmental permits, approvals and licenses, as necessary and appropriate, or190
the final discretionary action by the granting authority prior to the issuance of such permits, approvals and licenses, for191
192 the following items related to Buyer’s proposed use:
193 or delivering written notice
to Seller if the item(s) cannot be obtained or can only be obtained subject to conditions which significantly increase the194
195 cost of Buyer’s proposed use described at lines 181-183.
196 ACCESS TO PROPERTY: Written verification that there is legal vehicular access to the Property from public
197 roads.
198 LAND USE APPROVAL/PERMITS: This Offer is contingent upon (Buyer)(Seller) STRIKE ONE (“Buyer” if neither
199 stricken) obtaining the following, including all costs: a CHECK ALL THAT APPLY : rezoning; conditional use permit;
200 variance; other for the Property for its proposed use described at lines 181-183.
201 Seller agrees to cooperate with Buyer as necessary to satisfy this contingency. Buyer shall deliver, within days of
202 acceptance, written notice to Seller if any item cannot be obtained, in which case this Offer shall be null and void.
MAP OF THE PROPERTY: This Offer is contingent upon (Buyer obtaining) (Seller providing) STRIKE ONE (“Seller203
204 providing” if neither is stricken) a survey
205 (ALTA/NSPS Land Title Survey if survey type is not specified) dated subsequent to the date of acceptance of this Offer and
206 prepared by a registered land surveyor, within days (“30” if left blank) after acceptance, at (Buyer's)
207 (Seller's) STRIKE ONE (“Seller’s” if neither is stricken) expense. The map shall show minimum of acres,
208 maximum of acres, the legal description of the Property, the Property's boundaries and dimensions, visible
209 encroachments upon the Property, the location of improvements, if any, and:
210 .
211 STRIKE AND COMPLETE AS APPLICABLE Additional map features which may be added include, but are not limited to:
212 staking of all corners of the Property; identifying dedicated and apparent streets; lot dimensions; total acreage or square
213 footage; utility installations; easements or rights-of-way. Such survey shall be in satisfactory form and accompanied by any
214 required surveyor's certificate sufficient to enable Buyer to obtain removal of the standard survey exception(s) on the title
215 policy.
216 CAUTION: Consider the cost and the need for map features before selecting them. Also consider the time required
217 to obtain the map when setting the deadline.
218 This contingency shall be deemed satisfied unless Buyer, within 5 days after the deadline for delivery of said map, delivers
219 to Seller a copy of the map and a written notice which identifies: (1) a significant encroachment; (2) information materially
inconsistent with prior representations; (3) failure to meet requirements stated within this contingency; or (4) the existence220
221 of conditions that would prohibit the Buyer's intended use of the Property described at lines 181-183. Upon delivery of
222 Buyer’s notice, this Offer shall be null and void. Once the deadline for delivery has passed, if Seller was responsible to
provide the map and failed to timely deliver the map to Buyer, Buyer may terminate this Offer if Buyer delivers a written223
224 notice of termination to Seller prior to Buyer’s Actual Receipt of said map from Seller.
225 DOCUMENT REVIEW CONTINGENCY: This Offer is contingent upon Seller delivering the following documents to
226 Buyer within days (“30” if left blank) after acceptance: CHECK THOSE THAT APPLY; STRIKE AS APPROPRIATE
227 Documents evidencing the sale of the Property has been properly authorized, if Seller is a business entity
228 A complete inventory of all furniture, fixtures, equipment and other personal property included in this transaction which
229 is consistent with representations made prior to and in this Offer.
230 Uniform Commercial Code lien search as to the personal property included in the purchase price, showing the Property
231 to be free and clear of all liens, other than liens to be released prior to or at closing.
232 Rent roll.
233 Other
234
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235 Additional items which may be added include, but are not limited to: building, construction or component warranties,
236 previous environmental site assessments, surveys, title commitments and policies, maintenance agreements, other
contracts relating to the Property, existing permits and licenses, recent financial operating statements, current and future237
238 rental agreements, notices of termination and non-renewal, and assessment notices.
All documents Seller delivers to Buyer shall be true, accurate, current and complete. Buyer shall keep all such documents239
confidential and disclose them to third parties only to the extent necessary to implement other provisions of this Offer. Buyer240
shall return all documents (originals and any reproductions) to Seller if this Offer is terminated.241
CONTINGENCY SATISFACTION: This contingency shall be deemed satisfied unless Buyer, within days (“5” if left242
blank) after the deadline for delivery of the documents, delivers to Seller a written notice indicating this contingency has not243
been satisfied. Such notice shall identify which document(s) have not been timely delivered or do not meet the standard set244
forth for the document(s). Upon delivery of such notice, this Offer shall be null and void.245
ENVIRONMENTAL EVALUATION CONTINGENCY: This Offer is contingent upon a qualified independen t246
247 environmental consultant of Buyer’s choice conducting an Environmental Site Assessment of the Property (see lines 27 4-
291), at (Buyer’s) (Seller’s) expense STRIKE ONE (“Buyer’s” if neither is stricken), which discloses no Defects.248
NOTE: “Defect” as defined on lines 523-525 means a condition that would have a significant adverse effect on t he249
250 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or
that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal li fe251
of the premises.252
253 For
the purpose of this contingency, a Defect is defined to also include a material violation of environmental laws, a material
contingent liability affecting the Property arising under any environmental laws, the presence of an underground storag e254
tank(s) or material levels of hazardous substances either on the Property or presenting a significant risk of contaminating255
256 the Property due to future migration from other properties. Defects do not include conditions the nature and extent of w
hich
257 Buyer had actual knowledge or written notice before signing the Offer.
CONTINGENCY SATISFACTION: This contingency shall be deemed satisfied unless Buyer, within days (“30” if258
259 left blank) after acceptance, delivers to Seller a copy of the Environmental Site Assessment report and a written notic
e
260 listing the Defect(s) identified in the Environmental Site Assessment report to which Buyer objects (Notice of Defects).
CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requiremen t.261
262 RI
GHT TO CURE: Seller (shall) (shall not) STRIKE ONE (“shall” if neither is stricken) have a right to cure the Defects.
263 If Seller has the right to cure, Seller may satisfy this contingency b y:
264 (1) delivering written notice to Buyer within (“10” if left blank) days after Buyer's delivery of the Notice of
265 Defects stating Seller’s election to cure Defect s;
266 (2) curing the Defects in a good and workmanlike manner; a nd
267 (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing .
268 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written Environmental Site
269 Assessment report and:
270 (1) Seller does not have a right to cure; or
271 (2) Seller has a right to cure but:
(a) Seller delivers written notice that Seller will not cure; or272
(b) Seller does not timely deliver the written notice of election to cure.273
274 E
NVIRONMENTAL SITE ASSESSMENT : An “Environmental Site Assessment” (also known as a “Phase|Site Assessment”)
may include, but is not limited to: (1) an inspection of the Property; (2) a review of the ownership and use history of the275
Property, including a search of title records showing private ownership of the Property for a period of 80 years prior to the276
277 visual inspection; (3) a review of historic and recent aerial photographs of the Property, if available; (4) a review
of
278 environmental licenses, permits or orders issued with respect to the Property (5) an evaluation of results of any
environmental sampling and analysis that has been conducted on the Property; and (6) a review to determine if the Property279
280 is listed
in any of the written compilations of sites or facilities considered to pose a threat to human health or the environment
281 including the National Priorities List, the Department of Nature Resources’ (DNR) Registry of Waste Disposal Sites, th e
282 DNR’s Contaminated Lands Environmental Action Network, and the DNR’s Remediation and Redevelopment (RR) Sites
283 Map including the Geographical Information System (GIS) Registry and related resources. Any Environmental Sit e
284 Assessment performed under this Offer shall comply with generally recognized industry standards (e.g. current American
285 Society of Testing and Materials “Standard Practice for Environmental Site Assessments”), and state and federal guidelines,
286 as applicable.
CAUTION: Unless otherwise agreed an Environmental Site Assessment does not include subsurface testing of the287
soil or groundwater or other testing of the Property for environmental pollution. If further investigation is required,288
insert provisions for a Phase II Site Assessment (collection and analysis of samples), Phase III Environmental Site289
290 Assessment (evaluation of remediation alternatives) or other site evaluation at lines 625-642 or attach as an
291 addendum per line 668.
292 INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a
293 part of this Offer. An “inspection” is defined as an observation of the Property, which does not include an appraisal or testing
of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a f uel294
295 source, which are hereby authorized. A “test” is defined as the taking of samples of materials such as soils, water, air o r
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296 building materials from the Property for laboratory or other analysis of these materials. Seller agrees to allow Buyer’s
297 inspectors, testers and appraisers reasonable access to the Property upon advance notice, if necessary, to satisfy the
298 contingencies in this Offer. Buyer or licensees or both may be present at all inspections and testing. Except as otherwise
299 provided, Seller’s authorization for inspections does not authorize Buyer to conduct testing of the Property.
300 NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpos e of
301 the test (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any
302 other material terms of the contingency.
303 Buyer agrees to promptly restore the Property to its original condition after Buyer’s inspections and testing are completed
304 unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing repor ts to
305 Seller. Seller acknowledges that certain inspections or tests may detect environmental pollution which may be required to
306 be reported to the Wisconsin Department of Natural Res ources.
307 INSPECTION CONTINGENCY: This contingency only authorizes inspections, not testing (see lines 292-306).
308 (1) This Offer is contingent upon a qualified independent inspector(s) conducting an inspection(s) of the Property w hich
309 discloses no Defects.
310 (2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an
311 an inspection of
312
313 (list any Property feature(s) to be separately inspected, e.g., dumpsite, etc.) which discloses no Defects.
314 (3) Buyer may have follow-up inspections recommended in a written report resulting from an authorized inspection ,
315 provided they occur prior to the Deadline specified at line 320. Each inspection shall be performed by a qualified
316 independent inspector or independent qualified third part y.
317 Buyer shall order the inspection(s) and be responsible for all costs of inspection(s).
318 CAUTION: Buyer should provide sufficient time for the primary inspection and/or any specialized inspection(s), a s
319 well as any follow-up inspection(s).
320 This contingency shall be deemed satisfied unless Buyer, within days (“20” if left blank) after acceptance, delive rs
321 to Seller a copy of the inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the Defect(s)
322 identified in the inspection report(s) to which Buyer objects (Notice of Defects).
323 CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement.
324 For the purpose of this contingency, Defects do not include conditions the nature and extent of which Buyer had actu al
325 knowledge or written notice before signing the Off er.
326 NOTE: “Defect” as defined on lines 523-525 means a condition that would have a significant adverse effect on the
327 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or
328 that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life
329 of the premises.
330 RIGHT TO CURE: Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure the Defects.
331 If Seller has the right to cure, Seller may satisfy this contingency by:
332 (1) delivering written notice to Buyer within 10 days of Buyer's delivery of the Notice of Defects stating Seller’s election to
333 cure Defects;
334 (2) curing the Defects in a good and workmanlike manner; and
335 (3) delivering to Buyer a written report detailing the work done no later than three days prior to clo sing.
336 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and:
337 (1) Seller does not have the right to cure; or
338 (2) Seller has the right to cure but:
339 (a) Seller delivers written notice that Seller will not cure; or
340 (b) Seller does not timely deliver the written notice of ele ction to cure.
341 IF LINE 342 IS NOT MARKED OR IS MARKED N/A LINES 392-403 A PPLY.
342 FINANCING COMMITMENT CONTINGENCY: This Offer is contingent upon Buyer being able to obtain a written
343 [loan type or specific lender, if any] first mortgage loan commitment as described
344 below, within days after acceptance of this Offer. The financing selected shall be in an amount of not less than
345 $ for a term of not less than years, amortized over not less than years. Initial
346 monthly payments of principal and interest shall not exceed $ . Buyer acknowledges that lender’s
347 required monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance
348 premiums, and private mortgage insurance premiums. The mortgage shall not include a prepayment premium. Buyer agrees
349 to pay discount points in an amount not to exceed % (“0” if left blank) of the loan. If Buyer is using multiple loan
350 sources or obtaining a construction loan or land contract financing, describe at lines 625-642 or in an addendum attached
351 per line 668. Buyer agrees to pay all customary loan and closing costs, wire fees, and loan origination fees, to promptly
352 apply for a mortgage loan, and to provide evidence of application promptly upon request of Seller. Seller agrees to allow
353 lender’s appraiser access to the Property.
354 LOAN AMOUNT ADJUSTMENT: If the purchase price under this Offer is modified, any financed amount, unless otherwise
355 provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments
356 shall be adjusted as necessary to maintain the term and amortization stated above.
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8725 N. Deerwo
Property Address: Page 7 of 12, WB-15
357 CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 358 or 359.
358 %.FIXED RATE FINANCING: The annual rate of interest shall not exceed
359 ADJUSTABLE RATE FINANCING: The initial interest rate shall not exceed %. The initial interest rate
360 shall be fixed for months, at which time the interest rate may be increased not more than % (“2” if
361 left blank) at the first adjustment and by not more than % (“1” if left blank) at each subsequent adjustment.
362 The maximum interest rate during the mortgage term shall not exceed the initial interest rate plus % (“6” if
363 left blank). Monthly payments of principal and interest may be adjusted to reflect interest changes.
364 NOTE: If purchase is conditioned on Buyer obtaining financing for operations or development consider adding a
365 contingency for that purpose.
366 SATISFACTION OF FINANCING COMMITMENT CONTINGENCY : If Buyer qualifies for the loan described in this Offer
367 or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of a written loan commitmen t.
368 This contingency shall be satisfied if, after Buyer’s review, Buyer delivers to Seller a copy of a written loan commitment
369 (even if subject to conditions) that is:
370 (1) signed by Buyer; or
371 (2) accompanied by Buyer’s written direction for delivery.
372 Delivery of a loan commitment by Buyer’s lender or delivery accompanied by a notice of unacceptability shall not sa tisfy
373 this contingency.
374 CAUTION: The delivered loan commitment may contain conditions Buyer must yet satisfy to obligate the lender to
375 provide the loan. Buyer understands delivery of a loan commitment removes the Financing Commit ment
376 Contingency from the Offer and shifts the risk to Buyer if the loan is not funded.
377 SELLER TERMINATION RIGHTS : If Buyer does not deliver a loan commitment on or before the Deadline on line 34 4.
378 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller’s Actual Receipt of
379 written loan commitment from Buyer.
380 FINANCING COMMITMENT UNAVAILABILITY : If a financing commitment is not available on the terms stated in this
381 Offer (and Buyer has not already delivered an acceptable loan commitment for other financing to Seller), Buyer s hall
promptly deliver written notice to Seller of same including copies of lender(s)' rejection letter(s) or other evidence of382
unavailability.383
384 SELLER FINANCING: Seller shall have 10 days after the earlier of:
(1) Buyer delivery of written notice of evidence of unavailability as noted in lines 380-38 3; or385
(2) the Deadline for delivery of the loan commitment set on line 344386
to deliver to Buyer written notice of Seller's decision to finance this transaction with a note and mortgage under the sam e387
terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly.388
389 If Seller's notice is not timely given, the option for Seller to provide financing shall be considered waived. Buyer agrees to
390 cooperate with and authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's cred it
worthiness for Seller financing.391
392 IF THIS OFFER IS NOT CONTINGENT ON FINANCING COMMITMENT Within days (“7” if left blank) after
393 acceptance, Buyer shall deliver to Seller either:
394 (1) reasonable written verification from a financial institution or third party in control of Buyer’s funds that Buyer has, at
395 the time of verification, sufficient funds to close ; or
396 (2)
397 [Specify documentation Buyer agrees to deliver to Selle r].
398 If such written verification or documentation is not delivered, Seller has the right to terminate this Offer by delivering written
399 notice to Buyer prior to Seller’s Actual Receipt of a copy of Buyer’s written verification. Buyer may or may not obt ain
400 mortgage financing but does not need the protection of a financing commitment contingency. Seller agrees to allow Buyer’s
appraiser access to the Property for purposes of an appraisal. Buyer understands and agrees that this Offer is not sub ject401
402 to the appraisal meeting any particular value, unless this Offer is subject to an appraisal contingency, nor does the right of
403 access for an appraisal constitute a financing commitment contingenc y.
404 APPRAISAL CONTINGENCY: This Offer is contingent upon Buyer or Buyer’s lender having the Property appraise d
405 at Buyer’s expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report d ated
406 subsequent to the date stated on line 1 of this Offer, indicating an appraised value for the Property equal to or greater than
407 the agreed upon purchase price.
This contingency shall be deemed satisfied unless Buyer, within days after acceptance, delivers to Seller a c opy408
409 of the appraisal report indicating an appraised value less than the agreed upon purchase price, and a written notice objecting
410 to the appraised value.
411 RIGHT TO CURE: Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure.
412 If Seller has the right to cure, Seller may satisfy this contingency by delivering written notice to Buyer adjusting the purchase
413 price to the value shown on the appraisal report within days (“5” if left blank) after Buyer’s delivery of the apprais al
414 report and the notice objecting to the appraised value. Seller and Buyer agree to promptly execute an amendment initiated
by either Party after delivery of Seller’s notice, solely to reflect the adjusted purchase p rice.415
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8725 N. Deerwood Dr, Brown Deer, WI
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8725 N. Deerwo
Property Address: Page 8 of 12, WB-15
416 This Offer shall be null and void if Buyer makes timely delivery of the notice objecting to appraised value and the written
417 appraisal report and:
418 (1) Seller does not have the right to cure; or
419 (2) Seller has the right to cure but:
420 (a) Seller delivers written notice that Seller will not adjust the purchase price; or
421 (b) Seller does not timely deliver the written notice adjusting the purchase price to the value shown on the apprai sal
422 report.
423 SECONDARY OFFER: This Offer is secondary to a prior accepted offer. This Offer shall become primary upon
424 delivery of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer
425 notice prior to any Deadline, nor is any particular secondary buyer given the right to be made primary ahead of other
426 secondary buyers. Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to
427 delivery of Seller's notice that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than days (“7”
428 if left blank) after acceptance of this Offer. All other Offer Deadlines that run from acceptance shall run from the time th is
429 Offer becomes primary.
430 CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values:
431 real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners or homeowners
432 association assessments, fuel and
433 .
434 CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used.
435 Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing.
436 Real estate taxes shall be prorated at closing based on CHECK BOX FOR APPLICABLE PRORATION FORMULA :
437 The net general real estate taxes for the preceding year, or the current year if available (Net general real estate
438 taxes are defined as general property taxes after state tax credits and lottery credits are deducted). NOTE: THIS CHOICE
439 APPLIES IF NO BOX IS CHECKED.
440 Current assessment times current mill rate (current means as of the date of closing).
441 Sale price, multiplied by the municipality area-wide percent of fair market value used by the assessor in the prior
year, or current year if known, multiplied by current mill rate (current means as of the date of closing).442
443 .
444 CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be
445 substantially different than the amount used for proration especially in transactions involving new construction,
446 extensive rehabilitation, remodeling or area-wide re-assessment. Buyer is encouraged to contact the local
447 assessor regarding possible tax changes.
448 Buyer and Seller agree to re-prorate the real estate taxes, through the day prior to closing based upon the taxes on
449 the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5
450 days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall
451 re-prorate within 30 days of Buyer’s receipt of the actual tax bill. Buyer and Seller agree this is a post-closing obligation
452 and is the responsibility of the Parties to complete, not the responsibility of the real estate Firms in this transaction.
TITLE EVIDENCE453
454 CONVEYANCE
OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed
455 (trustee’s deed if Seller is a trust, personal representative’s deed if Seller is an estate or other conveyance as
456 provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements
457 entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
458 restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller’s disclosure report,
459 and Real Estate Condition Report, if applicable, and in this Offer, general taxes levied in the year of closing and
460
461
(insert other allowable exceptions from title, if any) that constitutes462
463 merchantable title for purposes of this transaction. Seller, at Seller’s cost, shall complete and execute the documents
necessary to record the conveyance and pay the Wisconsin Real Estate Transfer Fee. 464
465 WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements
may prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates466
467 making improvements to Property or a use other than the current use.
468 TITLE
EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of
469 the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall
pay all costs of providing title evidence to Buyer. Buyer shall pay the costs of providing the title evidence required by Buyer’s470
471 lender and recording the deed or other conveyance.
472 GAP ENDORSEMENT: Seller shall provide a “gap” endorsement or equivalent gap coverage at (Seller’s)(Buyer’s)
473 STRIKE ONE (“Seller’s” if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded
474 after the commitment date of the title insurance commitment and before the deed is recorded, subject to the title insurance
475 policy conditions, exclusions and exceptions, provided the title company will issue the coverage. If a gap endorsement or
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476 equivalent gap coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 482-
477 489).
478 DELIVERY OF MERCHANTABLE TITLE: The required title insurance commitment shall be delivered to Buyer's attorney
479 or Buyer not more than days (“15” if left blank) after acceptance showing title to the Property as of a date
480 no more than 15 days before delivery of such title evidence to be merchantable per lines 454-464, subject only to liens
481 which will be paid out of the proceeds of closing and standard title insurance requirements and exceptions.
482 TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of
483 days (“15” if left blank) after delivery of the title commitment to Buyer or Buyer’s attorney. Inobjections to title within
484 such event, Seller shall have days (“15” if left blank) from Buyer’s delivery of the notice stating title objections, to
485 deliver notice to Buyer stating Seller’s election to remove the objections by the time set for closing. If Seller is unable to
486 remove said objections, Buyer shall have five days from receipt of notice thereof, to deliver written notice waiving the
487 objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, this Offer shall
488 be null and void. Providing title evidence acceptable for closing does not extinguish Seller’s obligations to give merchantable
489 title to Buyer.
490 SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced
491 prior to the date stated on line 1 of this Offer shall be paid by Seller no later than closing. All other special assessments
492 shall be paid by Buyer. “Levied” means the local municipal governing body has adopted and published a final resolution
493 describing the planned improvements and the assessment of benefits.
494 CAUTION: Consider a special agreement if area assessments, property owners association assessments, special
495 charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. “Other expenses” are
496 one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments)
497 relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all
498 sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact
499 fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f).
500 LEASED PROPERTY If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights
501 under said lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of th e
502 (written) (oral) STRIKE ONE lease(s), if any, are
503
504 Insert additional terms, if any, at lines 625-642 or attach as an addendum per line 668.
505 ESTOPPEL LETTERS: Seller shall deliver to Buyer no later than days (“7” if left blank) before closing, estoppel
506 letters dated within days (“15” if left blank) before closing, from each non-residential tenant, confirming the lease term ,
507 rent installment amounts, amount of security deposit, and disclosing any defaults, claims or litigation with regard to the lease
508 or tenancy.
509 DEFINITIONS
510 ACTUAL RECEIPT: “Actual Receipt” means that a Party, not the Party’s recipient for delivery, if any, has the document
511 or written notice physically in the Party’s possession, regardless of the method of delivery. If the document or written notice
512 is electronically delivered, Actual Receipt shall occur when the Party opens the electronic transmission.
513 BUSINESS DAY: “Business Day” means a calendar day other than Saturday, Sunday, any legal public holiday under
514 Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive
515 registered mail or make regular deliveries on that day.
516 DEADLINES: “Deadlines” expressed as a number of “days” from an event, such as acceptance, are calculated by
517 excluding the day the event occurred and by counting subsequent calendar days. The Deadline expires at Midnight on the
518 last day. Additionally, Deadlines expressed as a specific number of Business Days are calculated in the same manner
except that only Business Days are counted while other days are excluded. Deadlines expressed as a specific number of519
520 “hours” from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by
counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific521
522 event, such as closing, expire at Midnight of that day. “Midnight” is defined as 11:59 p.m. Central Time.
523 DEFECT
: “Defect” means a condition that would have a significant adverse effect on the value of the Property; that would
524 significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would
significantly shorten or adversely affect the expected normal life of the premises.525
526 FIRM: “Firm” means a licensed sole proprietor broker or a licensed broker business entity.
527 PARTY: “Party” means the Buyer or the Seller; “Parties” refers to both Buyer and Seller.
PROPERTY: Unless otherwise stated, “Property” means the real estate described at lines 4-8.528
INCLUSION OF OPTIONAL PROVISIONS Terms of this Offer that are preceded by an OPEN BOX ( ) are part of529
this offer ONLY if the box is marked such as with an “X”. They are not part of this offer if marked “N/A” or are left blank.530
531 PROPERTY DIMENSIONS AND SURVEYS Buyer acknowledges that any land, building or room dimensions, or total
532 acreage or building square footage figures, provided to Buyer by Seller or by a broker, may be approximate because of
rounding, formulas used or other reasons, unless verified by survey or other means.533
534 CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land,
535 building or room dimensions, if material.
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Property Address: Page 10 of 12, WB-15
536 DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of
537 the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the
538 transaction as defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession
539 data to multiple listing service sold databases; (iii) provide active listing, pending sale, closed sale and financing concession
540 information and data, and related information regarding seller contributions, incentives or assistance, and third party gifts,
541 to appraisers researching comparable sales, market conditions and listings, upon inquiry; and (iv) distribute copies of this
542 Offer to the seller, or seller’s agent, of another property that Seller intends on purchasing.
MAINTENANCE Seller shall maintain the Property and all personal property included in the purchase price until the earlier543
of closing or Buyer’s occupancy, in materially the same condition it was in as of the date on line 1 of this Offer, except for544
ordinary wear and tear and changes agreed upon by Parties.545
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING If, prior to closing, the Property is damaged in an546
amount not more than five percent of the purchase price, other than normal wear and tear, Seller shall promptly notify Buyer547
in writing, and will be obligated to restore the Property to materially the same condition it was in as of the date on line 1 of548
this Offer. Seller shall provide Buyer with copies of all required permits and lien waivers for the lienable repairs no later than549
closing. If the amount of damage exceeds five percent of the purchase price, Seller shall promptly notify Buyer in writing of550
the damage and this Offer may be terminated at option of Buyer. Should Buyer elect to carry out this Offer despite such551
damage, Buyer shall be entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit552
553 towards the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed
by a land contract or a mortgage to Seller, any insurance proceeds shall be held in trust for the sole purpose of restoring554
555 the Property.
556 BUYER’S PRE-CLOSING WALK-THROUGH Within three days prior to closing, at a reasonable time pre-approved by
557 Seller or Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no
558 significant change in the condition of the Property, except for ordinary wear and tear and changes agreed upon by Parties,
559 and that any Defects Seller has agreed to cure have been repaired in the manner agreed to by the Parties.
OCCUPANCY Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in560
561 this Offer at lines 625-642 or in an addendum attached per line 668. At time of Buyer's occupancy, Property shall be in
broom swept condition and free of all debris, refuse, and personal property except for personal property belonging to current562
tenants, or sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any.563
564 DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and
565 conditions of this Offer. A material failure to perform any obligation under this Offer is a default that may subject the defaulting
party to liability for damages or other legal remedies.566
567 If Buyer defaults
, Seller may:
(1) sue for specific performance and request the earnest money as partial payment of the purchase price; or568
(2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual569
570 damages.
If Seller defaults
, Buyer may:571
(1) sue for specific performance; or572
573 (2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.
In addition, the Parties may seek any other remedies available in law or equity. The Parties understand that the availability574
of any judicial remedy will depend upon the circumstances of the situation and the discretion of the courts. If either Party575
defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies outlined above.576
By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the577
arbitration agreement.578
579 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
SHOULD READ THIS DOCUMENT CAREFULLY. THE FIRM AND ITS AGENTS MAY PROVIDE A GENERAL580
EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR581
OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT582
583 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller584
585 regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds
and inures to the benefit of the Parties to this Offer and their successors in interest.586
NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons587
http://www.doc.wi.gov
588 registered with the registry by contacting the Wisconsin Department of Corrections on the Internet at
or by telephone at (608) 240-5830.589
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA) Section 1445 of the Internal Revenue Code (IRC)590
591 provides that a transferee (Buyer) of a United States real property interest must pay or withhold as a tax up to 15% of the
total “Amount Realized” in the sale if the transferor (Seller) is a “Foreign Person” and no exception from FIRPTA withholding592
applies. A “Foreign Person” is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign593
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8725 N. Deerwo
8725 N. Deerwood Dr, Brown Deer, WI
Property Address: Page 11 of 12, WB-15
594 estate. The “Amount Realized” is the sum of the cash paid, the fair market value of other property transferred, and the
595 amount of any liability assumed by Buyer.
596 CAUTION: Under this law if Seller is a Foreign Person, and Buyer does not pay or withhold the tax amount, Buyer
597 may be held directly liable by the U.S. Internal Revenue Service for the unpaid tax and a tax lien may be placed
598 upon the Property.
599 Seller hereby represents that Seller is a non-Foreign Person, unless (1) Seller represents Seller is a Foreign Person in a
600 condition report incorporated in this Offer per lines 93-95, or (2) no later than 10 days after acceptance, Seller delivers
601 notice to Buyer that Seller is a Foreign Person, in which cases the provisions on lines 607-609 apply.
602 IF SELLER IS A NON-FOREIGN PERSON. Seller shall, no later than closing, execute and deliver to Buyer, or a qualified
substitute (attorney or title company as stated in IRC § 1445), a sworn certification under penalties of perjury of Seller’s603
non-foreign status in accordance with IRC § 1445. If Seller fails to timely deliver certification of Seller’s non-foreign status,604
Buyer shall: (1) withhold the amount required to be withheld pursuant to IRC § 1445; or, (2) declare Seller in default of this605
Offer and proceed under lines 571-578.606
IF SELLER IS A FOREIGN PERSON. If Seller has represented that Seller is a Foreign Person, Buyer shall withhold the607
amount required to be withheld pursuant to IRC § 1445 at closing unless the Parties have amended this Offer regarding608
amounts to be withheld, any withholding exemption to be applied, or other resolution of this provision.609
COMPLIANCE WITH FIRPTA. Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument,610
611 affidavit, or statement needed to comply with FIRPTA, including withholding forms. If withholding is required under IRC §
612 1445, and the net proceeds due Seller are not sufficient to satisfy the withholding required in this transaction, Seller shall
613 deliver to Buyer, at closing, the additional funds necessary to satisfy the applicable withholding requirement. Seller also
614 shall pay to Buyer an amount not to exceed $1,000 for actual costs associated with the filing and administration of forms,
615 affidavits, and certificates necessary for FIRPTA withholding and any withholding agent fees.
Any representations made by Seller with respect to FIRPTA shall survive the closing and delivery of the deed.616
617 Firms, Agents, and Title Companies are not responsible for determining FIRPTA status or whether any FIRPTA exemption
618 applies. The Parties are advised to consult with their respective independent legal counsel and tax advisors regarding
619 FIRPTA.
620 SELLER PAYMENT OF COMPENSATION TO BUYER’S FIRM:
Seller agrees to pay to Buyer’s Firm the amount of
(e.g., dollar amount, % of purchase price, etc.), toward Buyer’s brokera ge621
622 fees at closing. Payment made under this provision represents an economic adjustment only and does not create any
agency relationship between Buyer’s Firm and Seller, and the Parties agree Buyer’s Firm is a direct and intended third p arty623
beneficiary of this contract.624
ADDITIONAL PROVISIONS/CONTINGENCIES625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643 TAX DEFERRED EXCHANGE If this Property is purchased or sold to accomplish an IRC § 1031 Tax Deferred exchange
644 of like-kind property, both Parties agree to cooperate with any documentation necessary to complete the exchange. The
645 exchangor shall hold the cooperating party harmless from any and all claims, costs or liabilities that may be incurred as a
646 result of the exchange.
647 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and
648 written notices to a Party shall be effective only when accomplished by one of the authorized methods specified at lines
650-665.649
650 (1) Personal
: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at
652 or 653.651
Name of Seller's recipient for delivery, if any:652
653 Name of Buyer's recipient for delivery, if any:
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8725 N. Deerwood Dr, Brown Deer, WI
Firm’s commission shall be equal to Three Percent
(3%) of the final gross sale price. All commissions shall be due and paid at closing.
Nathan Piotrowski
Cory Sovine, Inland RE Partners LLC dba Colliers Intl
8725 N. Deerwo
Property Address: Page 12 of 12, WB-15
654 (2) Fax: fax transmission of the document or written notice to the following number:
Seller: ( ) Buyer: ( )655
656 (3) Commercial: depositing the document or written notice, fees prepaid or charged to an account, with a
657 commercial delivery service, addressed either to the Party, or to the Party's recipient for delivery, for delivery to the Party's
address at line 661 or 662.658
659 (4) U.S.
Mail: depositing the document or written notice, postage prepaid, in the U.S. Mail, addressed either to the
660 Party, or to the Party's recipient for delivery, for delivery to the Party's address.
Address for Seller:661
662 Address for Buyer:
663 (5) Email: electronically transmitting the document or written notice to the email address.
Email Address for Seller:664
Email Address for Buyer:665
PERSONAL DELIVERY/ACTUAL RECEIPT Personal delivery to, or Actual Receipt by, any named Buyer or Seller666
constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers.667
ADDENDA: The attached is/are made part of this Offer.668
669 This Offer was drafted by [Licensee and Firm]
670 WIRE FRAUD WARNING! Wire Fraud is a real and serious risk. Never trust wiring instructions
sent via email. Funds wired to a fraudulent account are often impossible to recover.671
672 Criminals are hacking emails and sending fake wiring instructions by impersonating a real estate
agent, Firm, lender, title company, attorney or other source connected to your transaction. These
communications are convincing and professional in appearance but are created to steal your
money. The fake wiring instructions may even be mistakenly forwarded to you by a legitimate
source.
673
674
675
676
677 DO NOT initiate ANY wire transfer until you confirm wiring instructions IN PERSON or by YOU
calling a verified number of the entity involved in the transfer of funds. Never use contact
information provided by any suspicious communication.
678
679
680 Real estate agents and Firms ARE NOT responsible for the transmission, forwarding, or
verification of any wiring or money transfer instructions.681
682 Buyer Entity Name (if any):
683 (x)
684 Buyer's/Authorized Signature Print Name/Title Here Date
(x)685
Date686 Buyer's/Authorized Signature Print Name/Title Here
687
688 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS
689 OFFER SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE
690 PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A
691 COPY OF THIS OFFER.
Seller Entity Name (if any):692
(x)693
Seller’s/Authorized Signature Print Name/Title Here Date694
(x)695
DateSeller’s/Authorized Signature Print Name/Title Here696
697 This Offer was presented to Seller by [Licensee and Firm]
on at a.m./p.m.698
699 This Offer is rejected This Offer is countered [See attached counter]
700 Seller Initials Date Seller Initials Date
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
8725 N. Deerwood Dr, Brown Deer, WI
x
x
4800 Green Brook Dr, Brown Deer, WI 53223
833 E Michigan St, ste 500, Milwaukee, WI 53202
x
npiotrowski@browndeerwi.gov
cory.sovine@colliers.com
Cory Sovine, Colliers
Donut Monster, LLC or assigns
Sarah Woods
Jackie Woods
Village of Brown Deer
Cory Sovine, Colliers
8725 N. Deerwo
ADDENDUM TO OFFER TO PURCHASE (Revised v3 6-25-26)
THIS ADDENDUM is made a part of and is incorporated by reference into the WB-15 Offer to Purchase
("Offer") submitted by Atwood, LLC ("Buyer"), to the Village of Brown Deer,
Wisconsin ("Village" or "Seller"), for the prope1iy located at 8725 N. Deerwood Drive, Brown Deer,
Wisconsin ("Property").
I. COMMISSION
The Firm's commission shall be equal to Three Percent (3%) of the final gross sale price. All
commissions shall be deemed earned only upon closing and shall be paid in full at the time of closing
from Seller's proceeds.
2. GUARANTEED MINIMUM ASSESSED VALUE
(a) Guaranteed Amount and Term. Subject to the conditions herein, Buyer guarantees that the Property
shall maintain a minimum aggregate assessed value equal to Seven Hundred Fifty Thousand Dollars
($750,000.00) ("Guaranteed Amount"). This guarantee shall commence on the first tax assessment cycle
following the issuance of a final certificate of occupancy for the full commercial kitchen built on the
Property, or January 1, 2027, whichever occurs later, but in no case to be later than January I, 2028. The
Guaranteed Amount covenant shall run through the tax year 2035, or through the tax year in which Tax
Incremental District (TID) #4 closes, whichever occurs first ("Guaranteed Value Term").
(b) Shortfall Payments . If the actual municipal assessment on the Property falls below the
Guaranteed Amount in any tax year during the Guaranteed Value Term, the then-owner of the Property
shall make a payment equal to the difference between the annual property taxes that would have been
due had the Property been assessed at the Guaranteed Amount and the actual property taxes levied for
that year ("Payment in Lieu"). Under no circumstances shall Buyer be penalized or required to make a
Payment in Lieu for assessment shortfalls occurring prior to the completion and final occupancy
approval of the commercial kitchen.
(c) Remedies and Notice. Any Payment in Lieu due under this Addendum shall be payable at the same
time and in the same manner as standard ad valorem property taxes. If the owner fails to timely make a
Payment in Lieu, the Village may levy a special assessment against the Property in the amount of
deficiency. The Village agrees to provide the owner with written notice of any alleged deficiency and
thirty (30) days to cure such deficiency prior to executing any legal remedy or special assessment. The
payment obligation under this Section shall be a personal obligation strictly limited to the specific legal
entity or person that holds record title to the Property at the exact time the Property value falls below
the Guaranteed Amount.
(d) Covenants Running with the Land. The covenants contained in this Section shall be deemed
covenants running with the land and shall bind subsequent physical owners of the real estate for the
duration of the Guaranteed Value Term.
3. RIGHT OF FIRST REFUSAL
(a) Notice of Third-Party Offer. If at any time the record owner of the Property receives a bona fide,
written offer from an unrelated third party to purchase the physical real estate of the Property which
the owner desires to accept, the owner shall promptly deliver a complete copy of such offer to the
Village ("Offer Notice").
(b) Exercise of Right. The Village shall have an exclusive right of first refusal to purchase the Property
upon the identical terms, conditions, and purchase price set fo1ih in the Offer Notice. To legally exercise
this right, the Village must deliver unconditional written notice of acceptance to the owner within 15
business days of receiving the Offer Notice. If the Village timely exercises this right, the closing of the
sale shall take place within 60 days thereafter, or per the timeline in the third-party offer, whichever is
longer.
(c) Waiver. If the Village fails to deliver written notice of acceptance within the 15 business day window,
the right of first refusal shall automatically expire, and the owner shall be entirely free to sell the
physical real estate to the third party under the terms of the Offer Notice.
4. CORPORATE TRANSFER EXCLUSION (CHANGE OF CONTROL)
Notwithstanding anything to the contrary in this Addendum, the Offer, or any associated covenants, the
Right of First Refusal (Section 3) and the Guaranteed Minimum Assessed Value transfer restrictions
(Section 2) apply strictly to a transfer of physical title to the real estate via a recorded deed.
The sale, transfer, assigl1111ent, pledge, or issuance of corporate stock, membership interests, or
ownership units of Atwood LLC (or any successor entity holding title to the Property), or DonutMonster
LLC (the operating retail business), resulting in a change of control of either corporate entity, shall NOT
constitute a sale or transfer of the Property. Such corporate transactions shall not trigger the Village's
Right of First Refusal, shall not require Village consent, and shall not be prohibited or delayed by the
Village in any manner, provided that the underlying corporate entity holding title to the real prope1iy
remains bound to the terms of the Guaranteed Value Term through 2035 or the expiration ofTID #4,
whichever occurs first.
5. VILLAGE FEE WAIVER
(a) Waiver of Village Fees. As a material inducement for Buyer to purchase and develop the Property,
the Village agrees to waive, forgive, and not impose upon Buyer any municipal fees, charges, costs, or
assessments customarily imposed by the Village in connection with the acquisition, ownership,
development, construction, occupancy, or operation of the Property, to the fullest extent permitted by
law.
(b) Covered Fees. Without limiting the foregoing, the waiver shall include, but not be limited to, all
building permit fees, plan review fees, zoning review fees, occupancy permit fees, engineering review
fees, inspection fees, utility connection or hookup fees imposed by the Village, impact fees,
development fees, park fees, stormwater review fees, sign permit fees, driveway permit fees, right-of-
way permit fees, administrative processing fees, recording or filing fees payable to the Village, and any
other municipal fee, charge, reimbursement, or assessment arising out of the development or use of the
Property.
(c) Exclusions. This waiver shall not apply to ordinary real estate taxes or utility consumption charges for
services actually used after occupancy, unless otherwise expressly waived by the Village.
(d) Binding Effect. The Village represents that it has the authority to grant the waivers described herein
and agrees that no Village department, board, commission, employee, or official shall impose or collect
any waived fee from Buyer. In the event any such fee is assessed or invoiced, the Village shall promptly
withdraw such assessment or reimburse Buyer for any amounts paid.
(e) Survival. The provisions of this Section shall survive Closing and shall remain binding upon the Village
and its successors and assigns with respect to the Property.
(f) No Additional Development Conditions. Except as expressly set forth in the Offer and this
Addendum, the Village shall not require Buyer to make any additional payments, contributions,
reimbursements, donations, off-site improvements, public infrastructure improvements, or other
financial concessions as a condition of issuing approvals, permits, inspections, certificates of occupancy,
or otherwise allowing the development contemplated by this Offer.
6. FINANCING COMMITMENT CONTINGENCY
The Financing Commitment Contingency under lines 342–383 of this Offer may be satisfied by Buyer
obtaining a commitment for either a conventional commercial mortgage loan or a government-assisted
loan (including SBA 7(a) or SBA 504 programs), at Buyer’s sole election. Buyer reserves the right to apply
for and pursue both conventional and SBA loan options simultaneously. The failure to secure approval
under one program shall not obligate Buyer to accept unfavorable terms under another.
The Financing Commitment Contingency shall only be deemed satisfied upon Buyer's written
confirmation accepting all terms, covenants, and conditions of the financing commitment. Buyer shall
have sole and absolute discretion to determine whether the terms, required personal guarantees,
collateral encumbrances, equity injection requirements, interest rates, or closing conditions requested
by any lender (SBA or conventional) are acceptable. Delivery of a conditional commitment or a
commitment containing terms unacceptable to Buyer shall not satisfy this contingency, and Buyer may
terminate this Offer via written notice and receive a full refund of all earnest money ($10,000).
7. APPRAISAL & ENVIRONMENTAL REQUIREMENTS
This Offer is further contingent upon: (i) the lender's appraiser valuing the Property at or above the
Purchase Price, (ii) lender approval of Buyer's intended use and commercial kitchen buildout, and (iii)
Property compliance with any environmental standards required by Buyer's chosen lender (including
conventional Phase I Site Assessments or SBA Environmental Questionnaires/Phase I ESAs). If the
Property fails appraisal or environmental underwriting, or requires costly remediation, Buyer may
request a price adjustment or terminate this Offer via written notice to Seller, whereupon all earnest
money shall be promptly returned to Buyer.
8. DELETION OF SELLER FINANCING RIGHT
"Lines 384 through 391 (Seller Financing) of the Offer are hereby deleted in their entirety. Seller shall
have no right to provide seller financing in the event Buyer is unable to obtain a third-party SBA or
conventional financing commitment."
REQUEST FOR CONSIDERATION
CO
MMITTEE CONSIDERATION: Village Board
ITEM DESCRIPTION: Consider Approval of Resolution No. 26-07: A Resolution Approving
2027-2031 Capital Improvement Plan for the Village of Brown Deer
PREPARED BY: Tyler Burkart, Village Manager | Derrick Danner, Finance Director
REPORT DATE: August 3, 2026
RECOMMENDATION: I move to approve Resolution No. 26-07: A Resolution Approving
2027-2031 Capital Improvement Plan for the Village of Brown Deer
Budget Impact: If approved, the Village for 2027 plans to levy $480,634 for capital projects
and incorporate $930,000 in user fees and $330,500 in grants/fund balance for utility projects.
SUMMARY:
T
he Village presented a proposed 2027-2031 Capital Improvement Plan to the Village Board
on July 20. There was no feedback requesting any changes from the board to modify the plan.
As a result, the Village staff presents a resolution for the board to consider adopting the plan
in preparation for the 2027 proposed projects to be included in the 2027 budget.
STATE OF WISCONSIN VILLAGE OF BROWN DEER MILWAUKEE COUNTY
A
Resolution Approving a
2027 – 2031 Capital Improvement Plan Resolution No. 26-07
For the Village of Brown Deer
W
HEREAS, the Village Manager prepared a Five-Year Capital Plan for the period from 2027 to 2031 following
the requirements of Charter Ordinance No. 3 of the Brown Deer Village Code; and,
W
HEREAS, a wide range of projects are included in the Five -Year Capital Plan that will help a variety of
departments, services, and community members throughout the Village; and,
W
HEREAS, Village staff put forward projects that are vital to the community, prioritized the projects to meet
specific budget parameters, and researched ways to keep expenses as cost-effective as possible; and,
W
HEREAS, the Village Board has reviewed the proposed revenues from all sources, the proposed expenditures
for all purposes, and has directed that the proposed budget be adjusted accordingly.
N
OW, THEREFORE, BE IT RESOLVED by the Village of Brown Deer Board of Trustees to approve the
2027–2031 Five-Year Capital Plan and direct the Village Manager to include the 2027 non-debt finance projects in the
proposed Annual Budget.
BE I
T FURTHER RESOLVED that the Village Manager be directed to take the necessary steps to prepare a
future resolution for consideration by the Village Board for the initial resolution to authorize the issuance of debt for the
projects identified in 2027 to be financed by a long-term debt instrument.
BE
IT FURTHER RESOLVED that the Village Board acknowledges that projects identified outside of the 2027
Annual Budget or a potential debt issuance are projects that could be accomplished or finance d in future years and that
those future projects will be reviewed and possibly be approved by a future Village Board.
P
ASSED AND ADOPTED by the Village Board of the Village of Brown Deer this 3rd day of August, 2026.
________________________________
Wanda Montgomery, Village President
________________________________
Caren Brustmann, Village Clerk
Capital Planning Process
The Village began the capital planning process by summarizing all existing capital assets
including equipment, buildings, and infrastructure assets purchased with an individual value more
than $5,000. Department heads completed a capital needs assessment. One part of that
assessment was to review their existing asset inventory and ensure that assets needing
replacement during the next five years were requested. Departments were also provided with a
listing of capital assets, which had been requested in past years for their review and updates.
Once all capital purchase requests were received, they were split into five groups.
Non-Debt Financed Purchase Requests
Debt Financed Purchase Requests
Stormwater Utility Purchase Requests
Sanitary Sewer Utility Purchase Requests
Water Utility Purchase Requests
Non-Debt Financed Purchase Requests
Non-debt financed purchase requests can be thought of as falling into one of three categories
annually recurring, smaller dollar purch ases or shorter-lived assets. The Village desires to
finance those purchases, which recur annually through annual revenues rather than
borrowed funds. This method allows for tax rate stabilization and lower debt service
payments due to fewer borrowings. The Village also desires not to borrow for lower cost
assets as the cost of financing can become too high in comparison to the asset’s overall
value. In some cases, it is the combination of dollar amount and asset life that result in the
asset being shown within this category.
Debt Financed Purchase Requests
Debt financed purchase requests are higher cost, more infrequent purchase requests. Due
to the infrequency of purchase, paying for these assets with annual operating funds would
lead to a tax rate which fluctuated significantly from one year to the next. In order to maintain
tax levy stability, the Village plans to finance these purchases with long term debt.
Stormwater, Sanitary Sewer and Water Utility Purchase Requests
These requests are pri marily for infrastructure improvement that relate to one of the Village’s
utilities. The costs of these assets may be financed through user fees and funds on hand or
the issuance of long -term debt. If debt financing is used the debt will be repaid throug h user
fees of that utility, rather than through the general tax levy.
Funding the Requests
Once a comprehensive listing of capital assets was accumulated, the Village began the
process of determining how to pay for these purchases. The Village desired to be able to
purchase non-debt purchase requests through annual operating revenues such as tax levy
and interest income; however, the current level of operating revenues is not sufficient to meet
these needs. Village staff reviewed the project requests to verify that they were in line with
the Village’s overall goals.
Village of Brown Deer
Five Year Capital Plan
2027 - 2031
Village staff and board members recognize that delaying capital maintenance and
replacement of equipment result in higher future costs and decreased resident service and
quality of life. The Village also recognizes that large increases to property taxes are not
desirable. In order to meet all of these objectives, the Village designed a funding plan.
This plan uses a combination of reserves on hand, tax levy , and debt service. Reserves on
hand were derived from the North Shore Fire Department Asset Sale Fund, the Capital
Improvement Fund, and the Equipment Replacement Fund, which have now been combined
into the Capital Improvement Fund.
Important Note
Under the 2016-2018 state budget, 2013 Wisconsin Act 20, a municipality is allowed to
increase its levy over the amount it levied in the prior year by the percentage increase in
equalized value from net new construction. If no new construction occurs in the community,
then the allowable levy increase is zero percent. Given the fact Brown Deer has had very
little net new construction , many years we must assume a zero percent increase .
Inflation – materials, equipment, and services.
Benefits – health, pension, and insurance.
Wages – keeping competitive
Service Demands – citizens ask for more or high service levels.
Unfunded Mandates – federal or state requirements.
These factors and the levy limit freeze may cause the village to increase the amount
it borrows in future years. We may need to redirect the levy funds set aside for capital
projects back into the general fund causing us to increase the amount we borrow. This
needs to be monitored very carefully.
Borrowing Needs
In order to complete the five-year plan, the Village determined the long-term borrowing needs
for debt financed projects. The Village would plan to borrow bi-annually to fund the
projects through the year 2031. The plan assumes that debt financed projects would
average approximately $1,500,000 - $2,000,000 per year and continue with a bi-annual
debt issue. Sample debt repayment schedules are included.
Because the funding for capital purchases comes from current capital tax levy, future debt
service available levy, reserves on hand and future borrowings, it is desirable to see how all
these parts come together with all of the projected asset purchases.
Policy Management
The Village’s general obligation debt, under State of Wisconsin statutes, is capped at 5% of
the Village’s equalized value; as of December 31, 2025, the Village’s total general
obligation debt was at $25,085,000 The debt limit as of December 31, 2025
was $76,761,600. The Village’s internal debt management policy intends to keep
the debt service levy amount within 50% of the limit prescribed by law and
total outstanding general obligation debt within 75% of the limit prescribed by law
and at levels consistent with the Village ’s credit objectives and long-term financial . The
Village’s debt policy also restricts the debt service levy to less than 25% of the total
operating revenue. The village will keep the maturity of all outstanding general obligation
bonds at or below 20 years.
Village of Brown Deer
Five Year Capital Plan
2027 - 2031
Based on the proposed borrowings and repayment schedules the Village will be in
compliance with these policies. The Village’s debt management and capital asset policies
are included in the appendices.
Village of Brown Deer
Five Year Capital Plan
2027 - 2031
Project Total Cost GO Debt Tax Levy Grants
COMMUNITY SERVICES
DOT RIRO Access for Riverside Landing $269,450 $50,000
POLICE DEPARTMENT
Police Vehicle Replacement
Flock Safety Cameras $26,000 $26,000
Handheld Radios $275,000 $275,000
OTHER PUBLIC SAFETY
Fire Dept Annual Capital Contrib. $475,644 $475,644
Dispatch Annual Capital Contrib. $47,271 $47,271
VILLAGE MANAGER'S OFFICE
Computer Replacement $19,000 $19,000
Upgrade DPW Switch Stack $19,000 $19,000
Wireless Access Points $5,000 $5,000
BS&A Cloud Implementation $20,134 $20,134
PARK & RECREATION
Pond Building/Fairy Chasm Security $16,500 $16,500
Community Square Park Space Improvements $250,000 $250,000
LIBRARY
PUBLIC WORKS
Re-Paving Program $600,000 $600,000
51st Street - Calumet Road to Bradley Road $250,000 $250,000
Wheel Loader (1/2 Stormwater) $200,000 $100,000
$2,472,999 $1,422,915 $480,634 $250,000
Village of Brown Deer CIP - 2027
UNFUNDED REQUESTS OTHER NOTES
The Village will use the proceeds from the
sale of the Brown Deer Beer Garden building
to fund the improvements made to the
adjacent park space at Community Square.
TOTAL
Project Total Cost GO Debt Tax Levy Grants
COMMUNITY SERVICES
DOT RIRO Access for Riverside Landing $269,450 $50,000
POLICE DEPARTMENT
Police Vehicle Replacement $200,000 $200,000
Flock Safety Cameras $26,000 $26,000
Police Drone $25,000 $25,000
Ballistic Helmests & Shields $40,000 $40,000
Fingerprint Scanner $10,000 $10,000
IDEMIA Ident 2.0 $10,000 $10,000
Cradle Point Routers $26,000 $26,000
OTHER PUBLIC SAFETY
Fire Dept Annual Capital Contrib. $483,878 $483,878
Dispatch Annual Capital Contrib. $48,670 $48,670
VILLAGE MANAGER'S OFFICE
Computer Replacement $20,000 $20,000
Network Switch Replacements $15,000 $15,000
Backup Power Supply Replacements $5,000 $5,000
BS&A Cloud Implementation $20,133 $20,133
PARK & RECREATION
Park Improvements $300,000 $300,000
LIBRARY
PUBLIC WORKS
Re-Paving Program $600,000 $600,000
Original Village Improvements $300,000 $300,000
60th St. Reconstruction from Bradley to Dean (Engineering) $1,250,000 $50,000 $50,000
Village Hall Boiler $120,000 $120,000
$3,769,131 $1,532,548 $517,133 $350,000
Village of Brown Deer CIP - 2028
TOTAL
UNFUNDED REQUESTS OTHER NOTES
Project Total Cost GO Debt Tax Levy Grants
COMMUNITY SERVICES
DOT RIRO Access for Riverside Landing $269,450 $50,000
POLICE DEPARTMENT
Police Vehicle Replacement $200,000 $200,000
Flock Safety Cameras $26,000 $26,000
Firing Range Maintenance $10,000 $10,000
Patrol Rifles $25,000 $25,000
OTHER PUBLIC SAFETY
Fire Dept Annual Capital Contrib. $492,379 $492,379
Dispatch Annual Capital Contrib. $49,643 $49,643
VILLAGE MANAGER'S OFFICE
Computer Replacement $21,000 $21,000
BS&A Cloud Implementation $20,133 $20,133
Network Switch Replacements $6,000 $6,000
Firewall Replacement $15,000 $15,000
PARK & RECREATION
LIBRARY
PUBLIC WORKS
Re-Paving Program $600,000 $600,000
60th St. Reconstruction from Bradley to Dean Construction $1,250,000 $575,000 $575,000
Bradley Rd - RR Tracks to N. Green Bay $630,000 $30,000
Plow Truck/Dump Truck No. 76 (1/2 Storm) $300,000 $150,000
Toolcat $110,000 $110,000
$4,024,605 $1,797,022 $583,133 $575,000
Village of Brown Deer CIP - 2029
TOTAL
UNFUNDED REQUESTS OTHER NOTES
Project Total Cost GO Debt Tax Levy Grants
COMMUNITY SERVICES
DOT RIRO Access for Riverside Landing $269,450 $19,900
POLICE DEPARTMENT
Police Vehicle Replacement $310,000 $310,000
Flock Safety Cameras $26,000 $26,000
Locker Room Lockers $85,000 $85,000
OTHER PUBLIC SAFETY
Fire Dept Annual Capital Contrib. $501,156 $501,156
Dispatch Annual Capital Contrib. $50,636 $50,636
VILLAGE MANAGER'S OFFICE
Computer Replacement $22,000 $22,000
Network Switch Replacements $19,000 $19,000
Wireless Access Points $9,000 $9,000
PARK & RECREATION
Park Improvements $200,000 $200,000
LIBRARY
PUBLIC WORKS
Re-Paving Program $600,000 $600,000
Bradley Rd - RR Tracks to N. Green Bay $630,000 $600,000
A/C Chiller $170,000 $170,000
$2,892,242 $1,971,692 $641,000 $0
Village of Brown Deer CIP - 2030
TOTAL
UNFUNDED REQUESTS OTHER NOTES
Project Total Cost GO Debt Tax Levy Grants
COMMUNITY SERVICES
POLICE DEPARTMENT
Police Vehicle Replacement $200,000 $200,000
Flock Safety Cameras $26,000 $26,000
OTHER PUBLIC SAFETY
Fire Dept Annual Capital Contrib. $510,089 $510,089
Dispatch Annual Capital Contrib. $51,649 $51,649
VILLAGE MANAGER'S OFFICE
Computer Replacement $23,000 $23,000
Network Switch Replacements $12,000 $12,000
Wireless Access Points $11,000 $11,000
Backup Power Supply Replacements $5,000 $5,000
Camera and Door Control System Replacement $216,000 $216,000
PARK & RECREATION
LIBRARY
PUBLIC WORKS
Re-Paving Program $600,000 $600,000
Backhoe (1/2 Storm) $200,000 $100,000
Skid Steer $75,000 $75,000
$1,929,738 $1,161,738 $668,000 $0
Village of Brown Deer CIP - 2031
TOTAL
UNFUNDED REQUESTS OTHER NOTES
Project Total Cost GO Debt User Fees
Grants &
Fund
Balance
SEWER PROJECTS
Inflow & Infiltration Control $325,000 $125,000 $200,000
Lateral Replacement $150,000 $125,000 $25,000
PPI&I $100,000 $75,000 $25,000
Lift Station Replacement (Engineering) $1,050,000 $50,000
STORMWATER PROJECTS
Ditch Rehabilitation Program $200,000 $200,000
Wheel Loader (1/2 Stormwater) $200,000 $100,000
Beaver Creek West Stabilization (Engineering) $800,000 $50,000
WATER PROJECTS
Main Relays $668,000 $637,500 $30,500
Booster Disinfection Station $5,000 $5,000
Meter Reading Equipment $150,000 $150,000
Hydrant/Valve Replacement $100,000 $100,000
$3,748,000 $637,500 $930,000 $330,500
TOTAL
Village of Brown Deer CIP - Utilities - 2027
UNFUNDED REQUESTS OTHER NOTES
$212,500 of water main relays funded
through the fund balance. $100,000 in
grants to fund PPI&I. Sewer and Storm will
fund their capital projects through cash on
hand and user fees collected during the year.
Project Total Cost GO Debt User Fees
Grants &
Fund
Balance
SEWER PROJECTS
Inflow & Infiltration Control $325,000 $125,000 $200,000
Lateral Replacement $750,000 $600,000 $125,000 $25,000
PPI&I $100,000 $75,000 $25,000
Lift Station Replacement (Construction) $1,050,000 $1,000,000
STORMWATER PROJECTS
Ditch Rehabilitation Program $200,000 $200,000
Loader/Backhoe Replacement (1/2 Storm) $200,000 $100,000
Beaver Creek Daylighting $2,570,000 $2,570,000
Beaver Creek West Stabalization (Construction) $800,000 $200,000 $550,000
Churchill Basin Naturalization (Engineering) $800,000 $50,000
WATER PROJECTS
Main Relays $936,000 $723,500 $212,500
Booster Disinfection Station $5,000 $5,000
Meter Reading Equipment $150,000 $150,000
Hydrant/Valve Replacement $100,000 $100,000
$7,986,000 $1,323,500 $1,130,000 $4,582,500
TOTAL
Village of Brown Deer CIP - Utilities - 2028
UNFUNDED REQUESTS OTHER NOTES
$212,500 of water main relays funded
through the fund balance. $100,000 in
grants to fund PPI&I. $600,000 will go
towards increased sewer lateral
replacement. The remaining Sewer and
Storm will fund their capital projects
through cash on hand and user fees
collected during the year.
Project Total Cost GO Debt User Fees
Grants &
Fund
Balance
SEWER PROJECTS
Inflow & Infiltration Control $325,000 $125,000 $200,000
Lateral Replacement $750,000 $600,000 $125,000 $25,000
PPI&I $100,000 $75,000 $25,000
STORMWATER PROJECTS
Ditch Rehabilitation Program $200,000 $200,000
Churchill Basin Naturalization (Construction) $800,000 $200,000 $550,000
Plow Truck/Dump Truck No. 76 (1/2 Storm) $300,000 $150,000
WATER PROJECTS
Main Relays $810,000 $607,500 $202,500
Booster Disinfection Station $5,000 $5,000
Meter Reading Equipment $150,000 $150,000
Hydrant/Valve Replacement $75,000 $75,000
$3,515,000 $1,207,500 $1,105,000 $1,002,500
Village of Brown Deer CIP - Utilities - 2029
TOTAL
UNFUNDED REQUESTS OTHER NOTES
$202,500 of water main relays funded
through the fund balance. $100,000 in
grants to fund PPI&I. $600,000 will go
towards increased sewer lateral
replacement. The remaining Sewer and
Storm will fund their capital projects
through cash on hand and user fees
collected during the year.
Project Total Cost GO Debt User Fees
Grants &
Fund
Balance
SEWER PROJECTS
Inflow & Infiltration Control $325,000 $125,000 $200,000
Lateral Replacement $750,000 $600,000 $125,000 $25,000
PPI&I $100,000 $75,000 $25,000
STORMWATER PROJECTS
Ditch Rehabilitation Program $200,000 $200,000
WATER PROJECTS
Main Relays $1,405,000 $1,000,000 $405,000
Booster Disinfection Station $5,000 $5,000
Meter Reading Equipment $150,000 $150,000
Hydrant/Valve Replacement $75,000 $75,000
$3,010,000 $1,600,000 $755,000 $655,000
Village of Brown Deer CIP - Utilities - 2030
TOTAL
UNFUNDED REQUESTS OTHER NOTES
$405,000 of water main relays funded
through the fund balance. $100,000 in
grants to fund PPI&I. $600,000 will go
towards increased sewer lateral replacement.
The remaining Sewer and Storm will fund
their capital projects through cash on hand
and user fees collected during the year.
Project Total Cost GO Debt User Fees
Grants &
Fund
Balance
SEWER PROJECTS
Inflow & Infiltration Control $325,000 $125,000 $200,000
Lateral Replacement $750,000 $600,000 $125,000 $25,000
PPI&I $100,000 $75,000 $25,000
STORMWATER PROJECTS
Ditch Rehabilitation Program $200,000 $200,000
Topsoil Screener Replacement $100,000 $100,000
Backhoe (1/2 Storm) $200,000 $100,000
WATER PROJECTS
Main Relays $1,070,000 $770,000 $300,000
Booster Disinfection Station $5,000 $5,000
Meter Reading Equipment $150,000 $150,000
Hydrant/Valve Replacement $75,000 $75,000
$2,975,000 $1,370,000 $955,000 $550,000
Village of Brown Deer CIP - Utilities - 2031
TOTAL
UNFUNDED REQUESTS OTHER NOTES
$300,000 of water main relays funded
through the fund balance. $100,000 in
grants to fund PPI&I. $600,000 will go
towards increased sewer lateral replacement.
The remaining Sewer and Storm will fund
their capital projects through cash on hand
and user fees collected during the year.
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-01 Department: POLICE/VILLAGE
Project Name: POLICE VEHICLE REPLACEMENT
Total Project Cost: $200,000 Estimated Life of Project: Four Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $200,000 $200,000 $310,000 $200,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Purchase three marked Ford Police Interceptor Utility (SUV) patrol vehicles and
associated equipment to replace aging vehicles within the Police Department fleet.
Project Justification: The replacement of these police vehicles is part of the department's established
fleet rotation program and is necessary due to increasing mileage, normal wear and tear, rising
maintenance and repair costs, and evolving technology and equipment requirements. In addition to the
vehicles themselves, standard police equipment, including emergency lighting packages, center
consoles, and related outfitting components, will be installed. Where feasible, existing equipment will
be transferred from current vehicles to reduce costs. Maintaining a consistent vehicle replacement
schedule helps minimize costly repairs, reduce vehicle downtime, and ensure reliable fleet operations.
As patrol vehicles age, their performance and reliability decline, particularly during emergency response
situations where vehicle handling, acceleration, braking, and overall safety are critical. Replacing these
vehicles on a regular cycle ensures officers have dependable equipment that supports effective law
enforcement services and public safety.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Community Services
Project Name: DOT Right-In Right-Out (RIRO) Access off Green Bay Rd. for Riverside Landing
Total Project Cost: $269,450
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $50,000 $50,000 $50,000 $19,900 $0
Funding Sources: Levy ☐ Debt ☒ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: The Village is completing two actions with the Wisconsin Department of
Transportation to assist the redevelopment efforts at Riverside Landing. In 2026, the Village paid
$100,000 to acquire surplus land adjacent to the First Citizens site and $99,550 for its share of the right-
in right-out (RIRO) access off Green Bay Rd. Then, each year after 2026, the Village will need to pay up to
$50,000 through 2030. Woodsonia and the Village are splitting 50/50 the cost share to pay for the full
access rights of the RIRO for the total cost of $538,900.
Project Justification: Adding a RIRO access point will help traffic flow for the Riverside Landing
redevelopment and the mixed-use redevelopment on the old First Citizens site.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-02 Department: POLICE/VILLAGE
Project Name: Flock Safety Cameras
Total Project Cost: $26,000 Estimated Life of Project: 5 Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $26,000 $26,000 $26,000 $26,000 $26,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Provide annual funding for the Village’s existing Flock Safety camera network,
which consists of five fixed cameras located throughout the community and one mobile camera that can
be deployed as needed. The annual subscription cost includes access to the Flock Safety platform, data
storage, software updates, and network integration.
Project Justification: The Village’s Flock Safety camera system has proven to be a valuable public safety
tool by assisting officers in detecting criminal activity, generating investigative leads, and reducing the
time required to conduct criminal investigations. The system provides objective vehicle identification
data that can be used to identify suspects, locate vehicles associated with criminal activity, and support
investigations both locally and in cooperation with neighboring jurisdictions. Through the Flock Safety
camera network, the Police Department can expand its ability to identify accurate and unbiased
investigative leads, analyze crime trends, and proactively address public safety concerns. Continued
investment in this technology promotes community safety while maximizing the effectiveness of limited
police resources.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-04 Department: POLICE/VILLAGE
Project Name: Handheld Radios
Total Project Cost: $275,000 Estimated Life of Project: 15-20 Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $275,000 $ $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace the Police Department’s portable (handheld) and mobile (squad) radio
equipment. The project will involve the purchase and deployment of next-generation public safety
radios to replace the department’s existing Motorola APX 6000 radio system.
Project Justification: The Police Department’s current Motorola APX 6000 portable and mobile radios
were purchased in 2011 and are approaching the end of their useful service life. As radio technology
continues to evolve, manufacturers eventually discontinue support, software updates, replacement
parts, and repair services for older equipment. The department anticipates that the current radio
platform will reach end-of-life status within the next several years, although specific timelines are still
being determined through ongoing discussions with Motorola and Milwaukee County. Reliable radio
communications are essential for officer safety, emergency response, and interoperability with
neighboring law enforcement, fire, and emergency medical agencies. Planning for the replacement of
the department’s radio system ensures continuity of operations and avoids the risks associated with
aging communications equipment. In addition, Milwaukee County and Motorola may offer a future
cooperative purchasing opportunity that could provide cost savings through a regional bulk purchase
program.
Project Picture / Map:
FY 2027 - 2031 Capital Improvement Plan
Project Description
Project: Computers Department: Village M anager’s Office
Project Name: Computer and Laptop Replacements
Total Project Cost: $19,000 Estimated Life of Pr oject: 5 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $19,000 $20,000 $21,000 $22,000 $23,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Typically, at least four computers are replaced with the remaining funds going to
any software or other upgrades that may be appropriate with the new PC (for example; keyboards,
mice, monitors, etc.).
P
roject Justification: The workstations must be updated to ensure they remain in proper working order
and to address changes in technology. The program replaces and upgrades aging computer workstations
as they become out of date.
P
roject Picture / Map:
FY 2027 - 2031 Capital Improvement Plan
Project Description
P
roject: Network Switches Department: Village Manager’s Office
Project Name: Network Switch Replacements
Total Project Cost: $19,000 Estimated Life of Pr oject: 5 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $19,000 $15,000 $6,000 $19,000 $12,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace aging network switches at Village facilities that have reached or are
approaching end-of-life. The project will provide modern switching infrastructure to support daily
operations, improve network performance and reliability, maintain vendor support and security
updates, and ensure compatibility with current and future technology initiatives. Replacement switches
will be installed in a phased approach to minimize operational disruption.
P
roject Justification: The Village's network switches are critical infrastructure that provide connectivity
for computers, phones, wireless access points, security systems, and other essential municipal services.
Existing switches are approaching the end of their useful life, increasing the risk of hardware failures,
network outages, and unsupported equipment. Replacing these devices will improve system reliability,
maintain cybersecurity protections through continued vendor support and security updates, reduce
maintenance costs associated with aging equipment, and ensure sufficient capacity to support future
technology needs. Failure to replace the equipment may result in increased downtime, service
disruptions, and higher emergency replacement costs.
P
roject Picture / Map:
FY 2027 - 2031 Capital Improvement Plan
Project Description
Project: Wireless Access Points Department: Village M anager’s Office
Project Name: Wireless Access Point Replacement
Total Project Cost: $5,000 Estimated Life of Project: 5 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $5,000 $ $ $9,000 $11,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Expand and improve wireless network coverage throughout Village facilities by
installing additional wireless access points in identified coverage gap areas. The project includes the
procurement, installation, and configuration of wireless access points to provide reliable connectivity for
staff, municipal operations, and mobile devices.
P
roject Justification: Following previous wireless infrastructure upgrades, additional coverage
assessments identified areas where wireless signal strength and capacity can be improved. This project
will address those gaps by expanding wireless coverage to provide more consistent connectivity,
improve user experience, support an increasing number of wireless devices, and ensure reliable access
to critical business applications throughout Village facilities. The upgrade will help maintain operational
efficiency and support future technology needs.
P
roject Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Village Manager’s Office
Project Name: Migrate BS&A Financial System to Cloud Hosted
Total Project Cost: $60,400 Estimated Life of Project: 15 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $20,134 $20,133 $20,133 $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Upgrade the Village to a cloud-based financial software
Project Justification: BS&A is pushing its customers to upgrade to its cloud-based platform and will
eventually only provide yearly maintenance to its cloud-based products.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Parks & Recreation
Project Name: Park Security Upgrades
Total Project Cost: $16,500 Estimated Life of Project: N/A
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $16,500 $ $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: The Village will need to allocate funding for security improvements to both the
Village Park and Pond Concession Building and the building at Fairy Chasm Park. These security
upgrades include cameras, door fobs, and VPN capabilities.
Project Justification: These will make programming the access for security doors and cameras easier for
the park spaces. Staff will be able to access from their work phones or work computers with these
improvements.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Parks & Recreation
Project Name: Future Park Improvements
Total Project Cost: $250K for 2027 plus an additional $100K- $400K every 2 years
Estimated Life of Project: N/A
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $250,000 $300,000 $ $200,000 $
Funding Sources: Levy ☐ Debt ☒ Grant ☒ Donations ☐ Fund Balance ☐
Project Description: The Village will need to allocate funding for future park improvements that were
identified in the comprehensive plan. This request serves as a placeholder for future park and open-
space improvements. There will be $250,000 for 2027 to pay for improvements in the park area of
Community Square. This does not include the improvements made to the buildings by the new owners.
The 2027 Community Square project will be funded through other funding opportunities, namely the
proceeds received from the sale of the old Brown Deer Beer Garden building.
The Village will borrow money in 2028 and 2030 for future park improvements.
Project Justification: The Village should look to allocate more capital funding to park improvements in
the coming years. Several park facilities and amenities will require maintenance, or a new project may
come to fruition in the upcoming years. The Community Square requests will allow the Parks and
Recreation Department the opportunity to make sure that this important area of the recently re-
developed Original Village is ready for increased usage in the future.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Public Works
Project Name: Re-Paving Program
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: 600,000 Estimated Life of Project: 30-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $600,000 $600,000 $600,000 $600,000 $600,000
Funding Sources: Levy ☐ Debt ☒ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: This Program addresses failing pavements that are primarily local residential streets
that see mostly light traffic throughout the day. The rehabilitation consists of asphalt pulverization and
asphalt relay. This method has served the Village well for approximately 20 years and produces a useful
pavement life of about 30 years under normal conditions and proper maintenance by crack-sealing the
pavement (separate CIP item).
Project Justification: Pavement replacement is essential to ensure safe passage of vehicles. Pavement
replacement within the 30-year life cycle ensures greater costs are avoided at later dates due to
deteriorated pavement structures.
Project Picture / Map: See next page
FY 2027-2031 Capital Improvement Plan
Project Description
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Public Works
Project Name: 51st Street - Calumet Road to Bradley Road
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Total Project Cost: $250,000 Estimated Life of Project: 30-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $250,000 $ $ $
Funding Sources: Levy ☐ Debt ☒ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: This is a mill and overlay between West Calumet and West Bradley Road. The roadway is
shared with the City of Milwaukee and will require coordinate with their engineering division
Project Justification: The pavement and shoulders are in poor condition and in need of repair
Project Picture / Map: See following page
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Public Works
Project Name: Wheel Loader
Total Project Cost: $200,000 Estimated Life of Project: 13-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $200,000 $ $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☒
Project Description: The total cost for this item is $200,000. 50% of the cost or $100,000 will be funded
by Stormwater fund because 50% of the use is in Stormwater. DPW is requesting a new John Deer
Wheel Loader to replace the existing unit due to age, rising maintenance costs, availability of parts,
safety to public and driver. The expected life of the requested equipment is 15 years. The equipment is
used daily. The age of the item to be replaced is 16 years in 2027. The annual maintenance costs are
$2,000 + labor due to the poor condition. The existing equipment will be traded in. The estimated
trade-in value is $50,000. The estimated cost of the new equipment was determined from recent bid
history for this type of equipment.
Project Justification: Critical equipment for winter operations and summer ditching operations.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-08 Department: POLICE/VILLAGE
Project Name: Police Drone
Total Project Cost: $25,000 Estimated Life of Project: 7 Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $25,000 $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Acquire a new Unmanned Aircraft System (UAS) to replace the Police Department’s
aging drone currently utilized for public safety operations. The replacement UAS will be equipped with
advanced imaging technology, including thermal and high -powered zoom came ras, and will provide
enhanced capabilities for search and rescue operations, crash reconstruction, critical incident response,
crime scene documentation, and other law enforcement missions. The system will be designed for rapid
deployment and integration into the department’s existing public safety operations.
Project Justification: The department’s current UAS has become an invaluable tool for law enforcement
operations by providing aerial perspectives that enhance situational awareness, improve operational
effectiveness, and increase officer safety during high-risk incidents. The system has been utilized for a
variety of public safety functions, including locating missing persons, documenting crash and crime
scenes, supporting tactical operations, and assisting with emergency response efforts. While the current
UAS remains operational, it is becoming outdated and lacks many of the technological advancements
now standard in modern public safety drone platforms. Newer systems offer enhanced imaging
capabilities, improved flight performance, longer operational durations, greater reliability, real-time
data transmission, and expanded safety features. Replacing the existing UAS will ensure the department
can continue to effectively respond to a wide range of incidents while leveraging the latest technology
to improve operational outcomes and officer safety. In addition, a modern UAS platform will help ensure
continued compliance with evolving Federal Aviation Administration (FAA) regulations and industry best
practices. Investing in updated drone technology will enhance the department’s ability to serve the
community efficiently, safely, and effectively while supporting current and future public safety needs.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-07 Department: POLICE/VILLAGE
Project Name: Ballistic Helmets and Shields
Total Project Cost: $40,000 Estimated Life of Project: 7 Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Expenditure Detail:
Year 2027 2028 2029 2030 2301
Budget $ $40,000 $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Purchase eight (8) new ballistic shields and thirty-one (31) ballistic helmets designed
specifically for law enforcement use and certified to meet applicable National Institute of Justice (NIJ)
ballistic protection standards. The ballistic shields will be strategically deployed in patrol vehicles to ensure
rapid access during critical incidents, and each sworn officer will be assigned an individual ballistic helmet.
Project Justification: The replacement of the department’s existing ballistic shields and ballistic helmets
is necessary to maintain compliance with manufacturer-recommended service life guidelines and to
ensure officers have access to modern protective equipment. Ballistic shields typically have a
recommended service life of 5 to 8 years, while ballistic helmets generally have a service life of 5 to 10
years. As this equipment ages, its protective capabilities may diminish due to normal wear,
environmental exposure, and material degradation. Advancements in ballistic technology have resulted
in lighter, more effective, and more functional protective equipment that enhances officer safety and
operational performance. Modern ballistic shields and helmets provide improved protection against
ballistic threats while reducing weight and increasing comfort during extended deployments. Replacing
aging equipment ensures officers have reliable protective gear during high-risk incidents, active threat
situations, warrant service operations, and other critical law enforcement activities. This investment
supports the department’s ongoing commitment to officer safety, risk reduction, and maintaining
equipment that meets current industry standards and best practices.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-09 Department: POLICE/VILLAGE
Project Name: Fingerprint Scanner
Total Project Cost: $10,000 Estimated Life of Project: 7 Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $10,000 $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Purchase and install a new electronic fingerprint capture system, including a
fingerprint scanner, dedicated desktop computer, and printer capable of producing ten-print fingerprint
cards. The new equipment will integrate with the department’s existing booking and records
management systems and will comply with all applicable Federal Bureau of Investigation (FBI) and State
of Wisconsin standards for the collection, transmission, and processing of fingerprint records.
Project Justification: The replacement of the department’s existing fingerprint scanner is necessary to
maintain compatibility with current technology and ensure continued compliance with evolving
biometric identification standards. Fingerprint collection and processing are critical components of the
booking process and play an important role in accurately identifying individuals, conducting criminal
history checks, and submitting records to state and federal databases. Advancements in fingerprint
scanning technology have significantly improved image quality, capture accuracy, processing speed, and
system integration capabilities. Modern equipment reduces the likelihood of rejected fingerprint
submissions, improves workflow efficiency, and enhances the reliability of biometric identification. In
addition, newer systems offer improved compatibility with contemporary records management and
booking software, helping to streamline operations and reduce administrative burdens on staff.
Replacing the existing equipment will ensure the department continues to meet state and federal
requirements while providing reliable, efficient, and accurate fingerprint processing capabilities for
years to come.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-10 Department: POLICE/VILLAGE
Project Name: IDEMIA Ident 2.0
Total Project Cost: $10,000 Estimated Life of Project: 7 Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2301
Budget $ $10,000 $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace three end-of-life mobile fingerprint identification devices with IDEMIA
IDent 2.0 units or equivalent compatible equipment. The replacement devices are handheld biometric
identification tools designed for law enforcement field use and enable officers to capture and submit
fingerprints for real-time identification through authorized state and federal criminal justice databases.
The devices provide immediate search results, including hit/non-hit notifications, mug shots, and subject
identification information, allowing officers to verify identities quickly and accurately while in the field.
Project Justification: Replacement of the department’s current mobile fingerprint identification devices
is necessary because the existing equipment has reached the end of its service life and may no longer
receive manufacturer support, software updates, or hardware maintenance. Continued reliance on
aging equipment increases the risk of equipment failure, reduced reliability, and compatibility issues
with evolving criminal justice information systems. Mobile fingerprint identification technology is a
valuable field tool that assists officers in rapidly and accurately confirming identities during patrol
operations, criminal investigations, warrant verification, and other law enforcement contacts. Access to
real-time biometric identification enhances officer safety, improves decision-making, and increases
operational efficiency by reducing delays associated with traditional identification methods. The IDEMIA
IDent 2.0 platform offers significant technological improvements, including an FBI-certified single-finger
scanner, enhanced processing capabilities, USB and Bluetooth connectivity, and the ability to display
identification results directly on the device. Replacing the current units will ensure the department
maintains reliable access to modern biometric identification technology while supporting efficient field
operations and compliance with current law enforcement standards.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-11 Department: POLICE/VILLAGE
Project Name: Cradle Point Routers
Total Project Cost: $26,000 Estimated Life of Project: 7 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2301
Budget $ $26,000 $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace eleven aging Cradlepoint IBR900 mobile routers currently installed in patrol
vehicles equipped with mobile data computers. The existing routers will be replaced with Cradlepoint
R920 routers or equivalent compatible equipment that supports the department’s mobile data
requirements and integrates with existing in-car technology, including Axon video systems, mobile data
computers, and other public safety applications.
Project Justification: Replacement of the department’s existing Cradlepoint IBR900 mobile routers is
necessary because the units have reached end-of-sale status and are approaching end-of-life. As
network hardware ages, the risk of equipment failure, reduced manufacturer support, security
vulnerabilities, and compatibility issues with current and future technology increases. Continued
reliance on outdated communication equipment could negatively impact the department’s ability to
maintain reliable connectivity for critical public safety operations. Dependable mobile broadband
connectivity is essential for daily patrol functions, including access to computer-aided dispatch (CAD),
records management systems (RMS), electronic citation software, criminal justice information systems,
and Axon in-car and body-worn camera technology. Modern mobile routers provide enhanced
performance, improved network reliability, stronger security protections, and greater compatibility with
evolving public safety technology platforms. Replacing these routers will help ensure uninterrupted
mobile connectivity, maintain compatibility with mission-critical systems, support efficient field
operations, and provide officers with reliable access to the information and technology necessary to
effectively serve the community.
Project Picture / Map:
FY 2027 - 2031 Capital Improvement Plan
Project Description
Project: Backup Power Supplies Department: Village M anager’s Office
Project Name: Backup Power Supply Replacements
Total Project Cost: $5,000 Estimated Life of Project: 3 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $5,000 $5,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace uninterruptible power supply (UPS) units located in Village network and
communications closets. The project includes the procurement and installation of replacement UPS
equipment to provide battery backup and power conditioning for critical network infrastructure.
P
roject Justification: Existing UPS units supporting critical network infrastructure will be at or beyond
their recommended service life. Failure of these units could result in network outages, equipment
damage, and disruption of essential Village services. Replacing the UPS systems will ensure continued
protection of network equipment, improve reliability, and maintain operational continuity during power
interruptions.
P
roject Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: DPW/2028/01 Department: Public Works
Project Name: Original Village Improvements
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $300,000 Estimated Life of Project: 30-years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $300,000 $ $ $
Funding Sources: Levy ☐ Debt ☐ Grant ☒ Donations ☐ Fund Balance ☐
Project Description: As part of the F-Street proposed project at the old DPW site and the Fiduciary
“Bevy” apartment complex project along N. Deerwood Drive several roadway modification and sidewalk
connections are necessary. Sidewalk will be extended on N. 43rd Street to River Lane and Ruth Place. All
roadways in the neighborhood will be milled and overlayed.
Project Justification: Sidewalk Improvements w/ Private Development and Park plan.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Bradley
Department: Public Works
Project Name: 60th Street Reconstruction from Bradley to Dean
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $1,250,000 Estimated Life of Project: 30-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $100,000 $1,150,000 $ $
Funding Sources: Levy ☐ Debt ☒ Grant ☒ Donations ☐ Fund Balance ☐
Project Description: Plan design and reconstruction of N. 60th Street from Bradley to Dean.
Project Justification: To alleviate speeding concerns and ped safety concerns staff is interested in giving N. 60th
Street a “road diet” from Bradley to Dean. The plan would involve reducing the lanes down to one (1) in both the
NB & SB directions including reducing the pavement footprint at the intersection of 60th & Dean allowing for ped
bump-outs/ped refuge.
Project Picture / Map: See following page
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Public Works
Project Name: Replace Village Hall Basement boiler system
Total Project Cost: $120,000 Estimated Life of Project: 30 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $120,000 $ $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: The boiler system is located in the basement of Village Hall and supplies heat to
approx. 75% of the building. The boiler system is also tied to the A/C chiller unit which will be replaced
in 2030.
Project Justification: It is approaching its 30-year life span and building maintenance identified a need
to replace the system. Each year there are more maintenance needs to keep the boiler operable. The
boiler system was originally installed in 1994.
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-05 Department: POLICE/VILLAGE
Project Name: Firing Range Maintenance
Total Project Cost: $10,000 Estimated Life of Project: Five Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $10,000 $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Perform routine maintenance and environmental remediation of the Police
Department firing range, including mining and recycling the rubber berm, lead decontamination and
HEPA vacuuming of the facility, replacement of ventilation system filters, and repair of worn or damaged
range components as needed.
Project Justification: The Police Department firing range was renovated in 2013 and requires periodic
maintenance to ensure a safe and functional training environment. Industry standards and best
practices recommend that firing ranges undergo comprehensive cleaning, lead abatement, and
maintenance on a regular cycle. The range was last cleaned and serviced in 2014 and is due for a
complete maintenance and remediation project.The scope of work includes: (1) mining the rubber berm
to recover lead, brass, and other accumulated waste materials; (2) lead decontamination and HEPA
vacuuming of the entire range facility; (3) replacement of pre-filters and HEPA Stage II and Stage III
filtration components within the ventilation system; and (4) repair or replacement of worn or damaged
tiles, boards, studs, and other components of the kneewall and ballistic wall structures.Lead exposure
remains a significant health and safety concern for officers and instructors who regularly utilize the firing
range. Routine maintenance, environmental cleaning, and lead abatement are critical to minimizing
exposure risks, maintaining compliance with health and safety standards, protecting department
personnel, and preserving the long-term functionality of the facility.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-06 Department: POLICE/VILLAGE
Project Name: Patrol Rifles, Optics and Sound Suppressors
Total Project Cost: $25,000 Estimated Life of Project: Ten Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2301
Budget $ $ $25,000 $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace ten (10) patrol short-barreled rifles (SBRs) and associated accessories with
rifles consistent with the department’s current patrol rifle platform. The project also includes equipping
all replacement rifles with mounted optics and sound suppressors to maintain consistency, reliability,
and operational effectiveness across the department’s rifle inventory.
Project Justification: The Police Department replaced ten patrol rifles in 2024 as part of a phased patrol
rifle replacement program. This project represents the next phase and would replace ten additional
rifles that have been in service since 2010. Due to their age and extensive use, these rifles are
approaching the end of their service life and may experience reliability issues, including failures to feed,
fire, extract, or eject caused by worn or damaged components and excessive headspace. Patrol rifles are
critical equipment that officers rely upon during high-risk incidents and emergency situations. Ensuring
that these firearms remain reliable and fully functional is essential for officer safety and effective
response capabilities. While individual parts can be repaired or replaced, the cost of maintaining aging
rifles continues to increase and is no longer cost-effective when compared to replacement with modern,
department-standard rifles. The addition of optics and sound suppressors will enhance officer accuracy,
situational awareness, communication, and hearing protection while maintaining consistency across the
department’s patrol rifle program. Replacing these aging rifles will ensure officers are equipped with
reliable, safe, and effective firearms for years to come.
Project Picture / Map:
FY 2027 - 2031 Capital Improvement Plan
Project Description
Pr
oject: Firewall Department: Village Manager’s Office
Project Name: Firewall Replacement
Total Project Cost: $15,000 Estimated Life of Pr oject: 5 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $15,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace the Village's existing network firewall infrastructure with a current-
generation firewall platform to maintain secure and reliable connectivity between municipal facilities,
cloud services, and the internet. The project includes the acquisition, configuration, and deployment of
replacement firewall hardware and associated licensing to ensure continued support, security updates,
and operational reliability.
Pr
oject Justification: The firewall is a critical component of the Village's cybersecurity and network
infrastructure, protecting municipal systems from external threats while enabling secure access to
business applications and services. The existing firewall will be approaching the end of its useful life and
may no longer receive vendor support, security updates, or hardware replacement coverage. Replacing
the firewall will improve cybersecurity protections, maintain compliance with security best practices,
reduce the risk of service disruptions caused by hardware failure, and ensure continued support for
current and future technology initiatives. Delaying replacement may increase the likelihood of security
vulnerabilities, unplanned outages, and costly emergency replacements.
Pr
oject Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Public Works
Project Name: Bradley Road (East) – RR Tracks. to N. Green Bay Road/STH 57
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $630,000 Estimated Life of Project: 30 years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $30,000 $600,000 $
Funding Sources: Levy ☐ Debt ☒ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: This proposal calls for the pavement on W. Bradley Road to be replaced and ditching or
curbing to be corrected/repaired along the length of the project from RR tracks to N. Green Bay Road/STH 57. A
paved shoulder along both sides of the road is being considered to help accommodate cyclists and those seeking to
enter into Brown Deer Park. Also, as a part of the project the Village is seeking to replace a failing culvert that
serves Brown Deer Park Creek and goes underneath the roadway near N. Green Bay Road.
Project Justification: This section of W. Bradley Road is starting to fail and is in need of repair. Additionally, the
paved section of roadway is rather narrow for current volumes and adding a paved should provide some relief. The
project shares a boundary with the City of Milwaukee and coordination will be required with the City. At this point
the Village is expecting to cover all costs for this project as it falls under Village responsibility in a joint
maintenance agreement with the City. Engineering and design would take place in 2029 led by the City of
Milwaukee with construction in 2030.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Public Works
Project Name: 5YD Patrol Truck Replacement (No. 76)
Total Project Cost: $300,000 Estimated Life of Project: 13-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $300,000 $ $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☒
Project Description: The total cost for this item is $300,000. 50% of the cost or $100,000 will be funded
by Stormwater fund because 50% of the use is in Stormwater. DPW is requesting a new 34,000 GVW, 5
yd. patrol truck with plow, wing, salter, controls, and radio to replace the existing unit (Truck No. 76)
due to age, rising maintenance costs, availability of parts, safety to public and driver. The vehicle will be
purchased through the VALUE/State Contract. The expected life of the requested vehicle is 13-years.
The vehicle is used daily. The age of item to be replaced is 13 years in 2026. The annual maintenance
costs are $2,000 + labor due to the poor condition. The existing vehicle will be auctioned using the State
of Wisconsin surplus website. The estimated sold amount is $30,000. The estimated cost of the new
vehicle was determined from recent bid history for this type of equipment.
Project Justification: Critical equipment for winter plowing operations and summer ditching operations.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: 28/03 Department: Public Works
Project Name: Toolcat Replacement
Total Project Cost: $110,000 Estimated Life of Project: 10-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $110,000 $ $
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☒ TIF Funds ☐
Project Description: Replacement of the toolcat is necessary due to the rising maintenance costs and
safety to laborers. The equipment will be purchased through a local Bobcat Plus retailer. Only one (1)
quote is anticipated considering that Bobcat is the only supplier of toolcat machinery. The toolcat is
preferred by DPW over alternate comparable equipment due to functionality and versatility. The
expected life of the requested equipment is 10 years. The existing toolcat is used weekly throughout
the year. The toolcat is used for all special event set-ups, sidewalk snow plowing, landscaping, etc. The
toolcat is used in almost every division and operation at DPW. Other departments such as Park & Rec
also borrow the toolcat for activities within their own operation. The age of item to be replaced is 10
years in 2016. The annual maintenance costs are $1,000 + labor due to the aging condition. The
existing equipment will be auctioned using the State of Wisconsin surplus website. The estimated sold
amount is $10,000. The estimated cost of the new toolcat was determined from recent bid history for
this type of equipment.
Project Justification: The toolcat is used in every operation of DPW throughout the year. The toolcat is
also used by other Departments such as Park & Rec. The toolcat is critical to special event set-up too.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: PD-27-03 Department: POLICE/VILLAGE
Project Name: Locker Room Lockers
Total Project Cost: $85,000 Estimated Life of Project: Thirty Years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $ $85,000 $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replace the existing lockers in the Police Department’s men's and women's locker
rooms. The current lockers have been in service for more than 30 years and have reached the end of
their useful life.
Project Justification: The existing lockers in the Police Department locker rooms are over 30 years old
and are showing significant signs of deterioration. Many of the lockers have rusted surfaces, doors that
no longer close or latch properly, and insufficient shelving and storage space to meet current
operational needs. The aging condition of the lockers negatively impacts functionality, security, and the
overall appearance of the locker room facilities. Replacing the lockers will provide officers with secure,
durable, and efficient storage for uniforms, equipment, and personal belongings. This investment will
improve workplace conditions, maximize available storage space, and ensure the locker room facilities
continue to meet the needs of department personnel for years to come.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Public Works
Project Name: Replace Outside A/C Chiller
Total Project Cost: $170,000 Estimated Life of Project: 20 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $ $170,000 $
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: This outside air conditioning chiller serves for both the Village Hall and Police
building areas.
Project Justification: It is approaching its 20-year life span and building maintenance identified a need
to replace the system. Each year there are more maintenance needs to keep the chiller operable. The
chiller was originally installed in 2008, and the Village is increasingly experiencing significant
maintenance issues with it.
FY 2027-2031 Capital Improvement Plan
Project Description
Project: Camera and Door Control System Department: Village Manager’s Office
Project Name: Camera and Door Control System Replacement
Total Project Cost: $216,000 Estimated Life of Project: 10 years
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $ $ $216,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Project Description: Replacing the existing on-premises camera and door solution for the Village of
Brown Deer with a more advanced digital, cloud-based system. Based upon existing quotes for other
governmental agencies of similar size and complexity, it is anticipated that $216,000 will be required to
complete this project. This cost includes all vendor and consulting costs for implementation,
infrastructure, cameras, and door hardware.
Project Justification: The Village of Brown Deer currently has a proprietary, on-premises solution for
cameras and doors. This solution will be almost 10 years old by 2028 and has presented issues over the
life of the system and lacks more modern capabilities like mobile apps or direct cloud access. These
limitations will only increase the support requirements for the system as remote virtual private
networks are needed to display video to other entities like the Bayside Communications Center.
Maintaining customized tunnels is both a security risk and requires high levels of technical knowledge to
create and maintain.
Benefits of hosted, digital camera and door control systems:
• Cost: Cloud-based systems are typically more expensive than traditional analog systems, but the
cost of ownership can be lower over time. This is because cloud-based systems require less
maintenance and can be accessed from anywhere.
• Security: Cloud-based systems are often more secure than traditional analog systems. This is
because they are protected by multiple layers of security, including encryption and firewalls.
• Reliability: As customized on-premises systems age the performance and reliability of those
solutions becomes more problematic. Critical systems like cameras and door controls are vital to
the daily functions of the village. Hardware, software, and infrastructure age and introduce
many complexities when attempting to trouble shoot issues and repair failed components as
replacements become harder to acquire and more expensive to purchase.
• Scalability: Cloud-based systems are more scalable than traditional analog systems. This means
that you can easily add or remove cameras as your needs change.
• Features: Cloud-based systems offer a wider range of features than traditional analog systems.
This includes features such as motion detection, facial recognition, and live streaming.
FY 2027-2031 Capital Improvement Plan
Project Description
• Support: Since analog network video cameras and recorders are older technology, there are
always increasing costs for support and maintenance. Highly customized and proprietary
systems are often unsupportable from camera system vendors. Support contracts usually
require very high time and materials costs with no service level agreements associated.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
D
epartment: Public Works
Project Name: Loader/Backhoe Replacement
Total Project Cost: $200,000 Estimated Life of Project: 13-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $ $ $200,000
Funding Sources: Levy ☒ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☒
Project Description: The total cost for this item is $200,000. 50% of the cost or $100,000 will be funded
by Stormwater fund because 50% of the use is in Stormwater. DPW is requesting a new CAT
Loader/Backhoe to replace the existing unit due to age, rising maintenance costs, availability of parts,
safety to public and driver. The expected life of the requested equipment is 15 years. The equipment is
used daily. The age of the item to be replaced is 22 years in 2028. The annual maintenance costs are
$2,000 + labor due to the poor condition. The existing equipment will be traded in. The estimated
trade-in value is $50,000. The estimated cost of the new equipment was determined from recent bid
history for this type of equipment.
Project Justification: Critical equipment for winter operations and summer ditching operations.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Project #: DPW/16/04 Department: Public Works
Project Name: Skid Steer Replacement
Total Project Cost: $75,000 Estimated Life of Project: 10-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $ $ $75,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☒ TIF Funds ☐
Project Description: Replacement of the skid steer is necessary due to the rising maintenance costs and
safety to laborers. The equipment will be purchased through a local Bobcat Plus retailer or equivalent
dealer. Three (3) quotes are anticipated from various skid steer dealers (i.e. New Holland, Cat, Bobcat
Plus, etc.). The expected life of the requested equipment is 10 years. The existing skid steer is used
weekly throughout the year. The skid steer is used for all special event set-ups, winter operations,
landscaping, etc. The skid steer is used in almost every division and operation at DPW. Other
departments such as Park & Rec also borrow the skid steer for activities within their own operation. The
age of item to be replaced is 10 years in 2016. The annual maintenance costs are $1,000 + labor due to
the aging condition. The existing equipment will be auctioned using the State of Wisconsin surplus
website. The estimated sold amount is $10,000. The estimated cost of the new skid steer was
determined from recent bid history for this type of equipment.
Project Justification: The skid steer is used in every operation of DPW throughout the year. The skid
steer is also used by other Departments such as Park & Rec. The skid steer is critical to special event set-
up too.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Sewer
Project Name: Inflow & Infiltration Control
Total Project Cost: $325,000 ($200,000 = Utility Fund Balance & $125,000 = user fees) 1
Estimated Life of Project: 50-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $325,000 $325,000 $325,000 $325,000 $325,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☒ Utility Revenue ☒
Project Description: Investigate, test and seal, CIPP line mainline sewers that have ground water and
rain induced water entering via cracks and joints. The project is proposed to develop into a long-term
testing and sealing program. The project ensures the Village complies with EPA and WDNR regulations
on prohibition of sanitary sewer overflows (SSO’s) and Capacity, Maintenance, Operations, Management
(CMOM), and State Attorney General stipulation. For health and safety, in reducing the possibility of
sewer waste surcharging into residents and business buildings.
Project Justification: Sewer pipeline maintenance is essential to ensure SSOs are avoided along with
basement back-ups. Sewer maintenance is required under CMAR/CMOM rules & regulations
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Sewer
Project Name: Coordinated Project – Lateral Replacement
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $150,000 to $750,000 Estimated Life of Project: 50-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $150,000 $750,000 $750,000 $750,000 $750,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☒ Utility Revenue ☒
Project Description: The sanitary sewer laterals will be replaced during the coordinated project with the
Water Dept. and Street Re-Paving Program. Replacing aging laterals is critical in prevent I/I from
entering the Village’s sewerage collection system which ultimately reduces the potential for basement
back-ups. The project ensures the Village complies with EPA and WDNR regulations on prohibition of
sanitary sewer overflows (SSO’s) and Capacity, Maintenance, Operations, Management (CMOM), and
State Attorney General stipulation. For health and safety, in reducing the possibility of sewer waste
surcharging into resident and business buildings.
Project Justification: The sewer lateral replacement program is essential to ensure SSOs are avoided
along with basement back-ups. Sewer maintenance is required under CMAR/CMOM rules &
regulations. Lateral pipeline length far exceeds sewer mainline piping in the Village.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Sewer
Project Name: Private Property Inflow/Infiltration Program (PPI/I)
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $100,000 Estimated Life of Project: 50-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $100,000 $100,000 $100,000 $100,000 $100,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☒ Utility Revenue ☒
Project Description: Investigate, test and seal, CIPP line, or replace laterals on private property that have
ground water and rain induced water entering via cracks and joints. The lateral sealing area south of
Dean and west of 60th will be the first section to be in the program and then the Betty/Range area east
of 60th. The project is proposed to develop into a long-term lateral inspection and sealing program.
Comply with EPA and WDNR regulations on prohibition of sanitary sewer overflows (SSO’s) and
Capacity, Maintenance, Operations, Management (CMOM), and State Attorney General stipulation. For
health and safety, in reducing the possibility of sewer waste surcharging into resident and business
buildings. From 2010 through indefinitely MMSD is providing funds for this type of project.
Project Justification: The PPI&I sewer lateral program is essential to ensure SSOs are avoided along with
basement back-ups. Sewer maintenance is required under CMAR/CMOM rules & regulations. Lateral
pipeline length far exceeds sewer mainline piping in the Village.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Sewer
Project Name: Lift Station Replacement
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $1,050,000 Estimated Life of Project: 70-yearsExpenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $50,000 1,000,000 $ $ $
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☒ Utility Revenue ☒
Project Description: The Lift Station is in need of replacement due to continued repairs and the pumps
at the end of their useful life. The replacement costs for the pumps is $75,000 and other upgrades are
necessary too, so staff is recommending full replacement.
Project Justification: The Lift Station is one of the most important and critical pieces of equipment in the
village. It serves 12-total homes and proper pump cycling is critical to avoid basement back-ups.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Stormwater
Project Name: Ditch Rehab Program
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $200,000 Estimated Life of Project: 30-years
Expenditure Detail:
Year 2026 2027 2028 2029 2030
Budget $200,000 $200,000 $200,000 $200,000 $200,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☐ Utility Revenue ☒
Project Description: The DPW crews have been rehabilitation roadside ditches and replacing driveway
culverts since the ditch rehab program began in 1999. DPW intends to continue the program for the
foreseeable future. The ditch rehab program is funded through storm sewer user fees. The program is
important with ensuring the Village remains in compliance with the WDNR NR 216 stormwater permit.
The program cleans ditches and replaces culverts to prevent ponding water and flooding within roadside
ditches. The program usually follows the coordinated project schedule and annual roadway re-paving
program. The work is completed by DPW personnel. The cost for the program is supplies/materials.
Project Justification: The ditch rehab program is part of the Village’s NR216 permit compliance and
required to achieve total suspended solids (TSS) removal goals as mandated by the WDNR.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Stormwater
Project Name: Beaver Creek Daylighting
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 1
Total Project Cost: $2,570,000 Estimated Life of Project: 30-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $2,570,000 $ $ $
Funding Sources: Levy ☐ Debt ☒ Grant ☒ Fund Balance ☐ Utility Revenue ☒
Project Description: Remove the parking lot surface that encloses Beaver Creek through the Market
place Shopping center site and restore it to an open-air naturalized channel from the Milwaukee River to
N. Green Bay Road
Project Justification: This section of Beaver Creek was enclosed as the shopping center developed over
the years to allow for greater surface parking. As the shopping center failed as a retail development, the
Village focused redevelopment efforts at this location with a desire to provide a mix of uses in a unique
environment that takes advantage of the adjacent Milwaukee River and its associated greenspace. The
daylighting of the creek would serve to enhance redevelopment efforts while restoring a natural
environment and improving water quality. The project can be funded through Tax Incremental District
Number 5 and is likely to score highly with multiple state and federal grant programs.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Stormwater
Project Name: Beaver Creek West Stabilization
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Total Project Cost: $800,000 Estimated Life of Project: 30-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $50,000 $750,000 $ $ $
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☒ Utility Revenue ☒
Project Description: Stabilize and naturalize Beaver Creek from 64th Street west to Village limits at 68th
Street
Project Justification: This section of Beaver Creek traverses through the back yards of residents and is in
a degraded and eroded condition. The Village maintains this waterway but it does not have easements
and no repair along this section of the Creek has occurred in many decades. This project would secure
easements for the long-term maintenance of the Creek, repair stream banks and channels while
enhancing and naturalizing creek bed and shoreline conditions.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Stormwater
Project Name: Brooklane/Churchill Basin Naturalization
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Total Project Cost: $800,000 Estimated Life of Project: 30-years
Expenditure Detail:
Year 2027 2027 2028 2029 2030
Budget $ $ $50,000 $750,000 $
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☒ Utility Revenue ☒
Project Description: The Brooklane complex has an area next to South Branch Creek that it maintains as
required green space to comply with Village zoning regulations. In 2010 Churchill Lane and 47th/48th
were repaved and realigned. The right-of-way along the streets was re-graded (included a portion of
Brook Lane property) to the new road alignments. It is proposed to obtain an easement from Brook
Lane to use the portion of their property from 46th to 47th/48th and south of Churchill to the creek for
additional stormwater storage. The Churchill basin consists of the removal of the concrete invert and
the install of a meandering creek with natural plantings. It is proposed to obtain the county property at
Willow/51st and add it to the basin with excavation for additional storage and storm water quality for
the 50th drainage way that would discharge into it.
Project Justification: The area between 47th and Dean Road has not been improved for additional storm
water storage for the protection of property and storm water quality improvements for South Branch
Creek and the Milwaukee River. The Brooklane Basin would provide both of these benefits. The portion
of Brooklane Apartment property proposed for the basin has to remain as green space for zoning
purposes. The highest and best use for this land would be for storm water improvements. The original
Churchill Basin was designed by MMSD as a flood control basin with no storm water quality benefits.
This project provides for water quality benefits, develops the site as a natural area for resident
enjoyment and adds additional storage. This project is in compliance with WDNR regulations and meets
NR216 and 151 requirements.
FY 2027-2031 Capital Improvement Plan
Project Description
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Stormwater
Project Name: Topsoil Screener Replacement
Priority (1–Absolutely necessary | 2–Strong preference | 3–Nice to have but can get by without it): 2
Total Project Cost: $100,000 Estimated Life of Project: 15-years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $ $ $ $ $100,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Fund Balance ☐ Utility Revenue ☒
Project Description: DPW requests the purchase of a new Orbit Screen Model 68 Diesel with stabilizers.
This unit is manufactured under a patent and there are no other manufacturers of this style at this time.
Other manufacturers have units that are in the $100,000 to $120,000 range for a matching performance
range and require more space and maintenance. With the yearly ditching projects the Department has
used a screener with cost savings to the ditching operations in purchase of screened topsoil, hauling all
excavated material - including topsoil that could be screened. It was found that the recovered screened
soil provided a superior product for the residents in that the weed seed was not present as in purchased
topsoil.
Project Justification: The equipment will be purchased through soliciting quotes from three (3)
vendors/suppliers. The expected life of the requested equipment is 12 years. The equipment is used
weekly from the spring months thru the fall months (i.e. May thru October) during the ditch rehab
program. The age of item to be replaced is 15 years in 2021. The annual maintenance costs are $1,000
+ labor due to the poor condition. The existing equipment will be auctioned using the State of
Wisconsin surplus website. The estimated sold amount is $15,000.00. The estimated cost of the new
equipment was determined from recent bid history for this type of equipment.
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Water Utility
Project Name: Water Main Relays
Total Project Cost: $4,889,000 Estimated Life of Project: 75 years
Expenditure Detail: Water Main Infrastructure Replacement
Year 2027 2028 2029 2030 2031
Budget $668,000 $936,000 $810,000 $1,405,000 $1,070,000
Funding Sources: Levy ☐ Debt ☒ Grant ☐ Donations ☐ Fund Balance ☒
Utility Revenue ☒
Relay projects will be paid by a combination of Utility borrowing and cash.
Project Description: Replacement of deteriorated water main by relaying new water main, installing
new hydrants, and valves, and new service connections.
Project Justification: This is part of a 75-year replacement program to relay corrosion deteriorated
water mains installed in the 1950’s and 60’s. The projects are identified as problem areas in the utility’s
hot spot report. The projects are coordinated with the Village’s Street replacement program to help
reduce costs and improve efficiency.
See Water Main Age Table
Project Picture / Map:
Attached is a map of the Village illustrating the proposed areas for water main relay.
The goal of the Utility is to have the projects paid with a combination of 25% from fund balance and 75%
from debt service from the Safe Drinking Water Loan Program or a General Obligation Loan. The Utility is
investigating the expense depreciation program with the Public Service Commission (PSC) to help fund the
annual projects. The Utility is also beginning a water main prioritization modeling program with APX10 to
help determine the most efficient use of replacement funds moving forward.
2027 2028 2029 2030 2031
Goodrich 61st 64th 384,000$ -$ -$ -$ -$
Grandview Goodrich 64th 284,000$ -$ -$ -$ -$
Joleno Silverbook 51st -$ 936,000$ -$ -$ -$
51st Willow Dean -$ -$ 810,000$ -$ -$
51st Parkland Willow -$ -$ -$ 1,405,000$ -$
64th Dean Brown Deer -$ -$ -$ -$ 1,070,000$
Total 668,000$ 936,000$ 810,000$ 1,405,000$ 1,070,000$
YearName From To
FY 2027-2031 Capital Improvement Plan
Project Description
Diameter 1941-1960 1961-1970 1971-1980 1981-1990 1991-2000 2001-2010 2011-2020 2021-2030 Total Total %
4 - - - 370 - - - - 370 0.1%
6 52,411 36,976 13,952 1,039 33 966 277 1,825 107,479 30.1%
8 18,270 13,425 30,592 20,202 12,911 31,256 20,703 5,427 152,786 42.8%
10 2,771 4,667 1,306 4,001 - 2,494 - - 15,239 4.3%
12 1,293 37,449 2,025 5,954 943 2,496 5,065 130 55,355 15.5%
16 13 18,455 5,855 282 - 1,340 - - 25,945 7.3%
Total 74,758 110,972 53,730 31,848 13,887 38,552 26,045 7,382 357,174
Total % 20.9% 31.1% 15.0% 8.9% 3.9% 10.8% 7.3% 2.1%
2027
2029
2030
2031
2028
0 0.5 1 mi
Proposed Relays20272028202920302031Water MainMetal PipesRelaid Mains (Plasc)Original Mains (Plasc)ParcelsLegend N
WATER MAIN RELAY PROGRAM
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Water Utility
Project Name: Booster Disinfection Station Equipment
Total Project Cost: $5,000 annually Estimated Life of Project: Click here to enter text.
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Budget $5,000 $5,000 $5,000 $5,000 $5,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Utility Revenue ☒
Project Description: Replacement of instrumentation and equipment in the chlorine booster station
that will help refine system operation and replace items that get worn out from the chemical feed.
Project Justification: The Utility installed a chloramine booster disinfection station in 2004 to improve
chlorine residuals in the water system, especially during warmer water temperatures. In 2020 the Utility
upgraded the chlorine and ammonia chemical feed pumps and in 2022 replaced a water feed circulation
pump. The annual equipment CIP helps to maintain the operation of the station with timely
replacement of critical items. The operation of the booster station has helped increase the chlorine
residual in the distribution system during the summer months when the water temperature is above 50
degrees. The increase in chlorine residual has helped reduce the number of leaks in copper service
laterals saving the Utility money by reducing the non-revenue water in the system.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Water Utility
Project Name: Meter Reading Equipment
Total Project Cost: $150,000 annually Estimated Life of Project: 20 years
Expenditure Detail:
Year 2027 2028 2029 2030 2031
Radios/Registers $100,000 $100,000 $100,000 $100,000 $100,000
Meters $50,000 $50,000 $50,000 $50,000 $50,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Utility Revenue ☒
Project Description: Replacement of failing Orion radio units, and Badger water meters that are
approaching the end of their lifecycle (20 years).
Project Justification: The Utility is required by the Public Service Commission to replace smaller
residential meters every 20 years. The Utility also replaces the automatic meter reading (AMR) unit
(Orion) at the same time. The AMR technology allows the utility to improve customer service by
addressing customer inquiries more efficiently and can even alert a customer to a potential leak inside
of the home before the next meter reading cycle. Older Orion technology will need to be replaced as it
fails. The money budget over the next 5 years addresses replacing the older Orion units that fail, as well
as replacing meters as dictated by the 20-yr PSC approved replacement schedule.
Project Picture / Map:
FY 2027-2031 Capital Improvement Plan
Project Description
Department: Water Utility
Project Name: Hydrant and Valve replacement
Total Project Cost: $425,000 over 5 years Estimated Life of Project: 30 years
Expenditure Detail: Water - Equipment
Year 2027 2028 2029 2030 2031
Budget $100,000 $100,000 $75,000 $75,000 $75,000
Funding Sources: Levy ☐ Debt ☐ Grant ☐ Donations ☐ Fund Balance ☐
Utility Revenue ☒
Project Description: Replace defective hydrants and valves in distribution system
Project Justification: In 2012 the Utility jointly purchased a valve turning, and vacuum tank machine to
aid in the operation and maintenance of distribution system valves. During routine exercising the Utility
develops a list of problem valves in the system that need replacement. The money budgeted will help
replace defective valves noted from the valve exercising program.
The Utility notes during annual hydrant flushing problem hydrants that need repair or replacement.
There are several older Iowa style hydrants in the distribution system. Operations of Iowa hydrants are
good currently but there are a few hydrants that need repair. Repair parts for the Iowa hydrants are
becoming difficult to obtain so the Utility has budgeted funds to replacement of a few hydrants every
year.
1
REQUEST FOR CONSIDERATION
COMMITTEE: Village Board
ITEM DESCRIPTION: Bypass Public Bidding – Emergency
PREPARED BY: Matthew S. Maederer, PE, Director of Public Works/Village Engineer
REPORT DATE: July 28, 2026
MANAGER'S REVIEW/COMMENTS:
No additional comments to this report.
See additional comments attached.
RECOMMENDATION: Consider Resolution 2 6-08: Declaring a Public Emergency
Necessitating an Exemption to Public Bidding Requirements
EXPLANATION:
Unprecedented and hurricane force winds more than 70mph occurred on Friday, March
13th, 2026, in the Village which caused a public emergency resulting in the imminent
need to repair and/or reconstruct public facilities; particularly at the DPW facility material
storage bin roof (which blew off!).
Pursuant to Wis. Stat. § 61.54 and Wis. Stat. § 61.15(1b), Brown Deer is generally
required to send out requests for proposals and accept public bids for “public
construction” exceeding $ 50,000 in cost. Wis. Stat. § specifically authorizes that the
public bidding process for the “repair or reconstruction of public facilities” may be
bypassed when “damage or threatened damage thereto creates an emergency”.
Pursuant to Wis. Stat. § 61.54 the declaration of public emergency must come from the
Village Board. Village staff believe the event caused on Friday, March 13 th, 2026 results
in the need for this public emergency declaration and to bypass the public bidding
requirements.
Attachments:
• Resolution No. 26-08
• Plan Sheet Drawings
• Photos
1
6STATE OF WISCONSIN : MILWAUKEE COUNTY : VILLAGE OF BROWN DEER
R
ESOLUTION NO. 26-08
A R
ESOLUTION DECLARING A PUBLIC EMERGENCY NECESSITATING AN
EXEMPTION TO PUBLIC BIDDING REQUIREMENS
W
hereas, pursuant to Wis. Stat. § 61.54 and Wis. Stat. § 62.15(1b), Brown Deer is generally
required to send out requests for proposals and accept public bids for “public construction”
exceeding $25,000 in cost; and
Whereas, Wis. Stat. § 62.15(1b) specifically authorizes that the public bidding process for the
“repair or reconstruction of public facilities” may be bypassed when “ damage or threatened
damage thereto creates an emergency” and in which the public health or welfare of the village is
endangered; and
Whereas, pursuant to Wis. Stat. § 61.54 the declaration of public emergency must come from
the Village Board; and
Whereas, recent unprecedented weather events in the Village has caused a public emergency
resulting in the imminent need to repair and/or reconstruct public facilities;
NOW, THEREFORE , the Village Board of the Village of Brown Deer, Milwaukee County,
Wisconsin, HEREBY RESOLVES as follows:
Th
e Village Board of the Village of Brown Deer, Milwaukee County, WI , hereby declares,
through authority granted to it in Wis. Stat. § 61.54 and Wis. Stat. § 62.15(1b):
• th
at due to recent and unprecedented weather events, a public emergency exists;
• t
hat emergency has resulted in the imminent need to repair and/or reconstruct public
facilities;
• T
he facilities in need of imminent repair include the following: the village salt shed;
• T
he normal public bidding process is not practical or feasible because the time the
process would take would leave the damaged facilities subject to further damage or
destruction;
V
illage staff is directed to enter into a contract or contracts to address the public emergency
described herein with haste.
BE I
T FURTHER RESOLVED that this Resolution shall take effect immediately upon passage
and posting or publication as provided by law.
2
Dated this 3
rd day of August 2026.
___________________________________
Wanda Montgomery, Village President
Countersigned:
___________________________________
Caren Brustmann, Village Clerk
B11
B8
BC BD
BE BF
B9 B9
B10 B10
7'-4" 16'-0" 8"
2'-8"
8"
4'-0"
4
A210
Sim
6
A211 4
A210
Sim
6
A211
-
---
-
---
-
---
-
---
5
A211
14'-0"
14'-0"
20'-8"
8" 19'-4" 8"
10'-8"4'-0"4'-8"14'-8"4'-0"4'-8"14'-10"4'-0"4'-8"14'-10"4'-8"4'-0"
8'-8" 14'-10" 8'-8" 14'-10" 23'-4" 8'-8"
20'-8"
8" 20'-8" 2'-8"
8'-8"14'-10"8'-8"14'-10"8'-8"
4'-0" 4'-8" 14'-10" 4'-8" 4'-0" 14'-10" 4'-8" 4'-0"
8" 16'-0" 4'-0" 8" 2'-8"
-
---
6
A211
6
A211
SALT
DOME
BIN
MATERIALS
TANK
FARM
BIN
MATERIALS
B11
B8
BC BD
BE BF
A211
1
A211
2 A211
-
-
25'-3 7/8"
71'-0"
20'-8" 44'-6" 20'-8"
85'-10"
35'-0"
ø 12'-0"
ø 12'-0"
20'-8" 44'-6" 20'-8"
B9 B9
B10 B10
47'-8"
8" 23'-6" 23'-6" 23'-4"
22'-10" 22'-10" 22'-8"
8" 20'-0"
20'-8"
20'-0" 8"
4
-
---
A211
7
A211
3
R211
3
TANKS
BY OWNER
-
---
-
---
-
---
9
A211
9
A211
9
A211
9
A211
9
A211
5
A211
2'-10"
4'-8"4'-8"4'-8"4'-8"
(05 50 00) 3"x3"x1/4"
TUBE STEEL RACKS FOR
PVC PIPING STORAGE
WELDED TO 5"x5"x1/4"
STEEL PLATES EMBEDED
INTO WALL
4
A210
Sim
4
A210
Sim
-
---
TYP CONCRETE TYP 'C'
TYP CONCRETE TYP 'C'
TYP CONCRETE TYP 'C' TYP CONCRETE TYP 'C'
TYP CONCRETE TYP 'C'
TYP CONCRETE TYP 'C'
FUEL TANKS BY OWNER
B11B11
B8
BC
BD
BE BF
B9
B10
4" / 1'-0"
4" / 1'-0"
4" / 1'-0"
4" / 1'-0"
-
---
3'-0"47'-8"1'-0"
51'-8"
4'-0" 20'-8" 4'-0"
28'-8"
4'-0" 20'-8" 4'-0"
4" / 1'-0" 4" / 1'-0"
-
---
Level 1
0'-0"
T.O.Footing
-4'-0"
6
A211
12'-0" (03 30 00) 1" REVEAL
(09 91 00) PAINT COLOR #2
(03 30 00) 15# FELT PAPER BOND
BREAKER TYP AT ALL WALLSASPHALT OR
CONCRETE PER CIVIL
PLANS
(06 10 00) PREASURE TREATED
WOOD RAFTERS 2 x 10s @ 16"
O.C. - SPF #2 + BTR
(06 10 00) 15/32" APA RATED PANEL
(06 10 00) WATER AND ICE SHIELD COMPLETE ROOF
(06 10 00) PRESSURE TREATED
WOOD BLOCKING W/ STAINLESS STEEL
FASTENERS
(06 10 00) 1x12 WOOD BLOCKING
(07 60 00) ALUMINUM
FASCIA & CONTINUOUS
DRIP
(4) - #4 BARS LONG. BOT
#6 BENT BARS @ 8" O.C.
(5) - #4 BARS LONG. TOP
#6 BARS @ 15" O.C. - 60" LONG
#4 BARS @ 18" O.C. HORIZONTAL
#6 BARS @ 8" O.C. VERTICAL
(03 30 00) 8" CONCRETE WALL
(09 91 00) PAINT COLOR #1
(09 91 00) 3" MAX FILL LINE
TYPICAL ALL INTERIOR WALLS
OF BIN STORAGE STRUCTURE
(09 91 00) PAINT COLOR #1
3"8'-0"
4'-0"8"
3'-4"8"4'-8"
(06 10 00) (2)16" x 1-3/4" 1.9E
MICROLLAM LVLS
SHEET METAL DRIP, WRAP
BOTTOM OF BEAM
(07 60 00) METAL FASCIA AND
DRIP
9 1/4"
1'-4 1/2"
(05 12 00) L8"X4"X1/2"
20" LONG
(06 10 00) PRESSURE TREATED
WOOD BLOCKING W/ STAINLESS STEEL
FASTENERS
18'-11 1/2"
B.O. LVL BEAMS
17'-7 1/2"
4" / 1'-0"
4'-0"
8"20'-0"
20'-8"
6"5'-0"6"
3'-0"6'-0"3'-0"
A211
8
A211
9
(07 60 00) SHEET METAL
ROOF PER SPEC
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SCALE: As indicated
A210
Village of Brown Deer - Public Works Facility
February 28, 2018
Bin Storage Plans - Alternate #5
8950 Arbon Drive, Brown Deer 53223
1/8" = 1'-0"1 Storage Bin - Foundation Plan
1/8" = 1'-0"2 Storage Bin - Floor Plan
3/32" = 1'-0"3 Storage Bin - Roof Plan
1/4" = 1'-0"4 Storage Bin - Typ. Section
Level 1
0'-0"
Office Roof
14'-8"
T.O.Footing
-4'-0"
BC BD BE BF
21'-1 11/32"
6'-0"3'-0"
20'-8" 44'-6" 20'-8"
(03 30 00) 8" CONCRETE
WALL
6"
5'-0"
6"
3'-0"
(03 30 00) CONCRETE
REVEALS
(07 60 00) SHEET
METAL FASCIA
12'-0" HOLDING
TANK AREA
85'-10"
Level 1
0'-0"
Office Roof
14'-8"
T.O.Footing
-4'-0"
B11B8 B9 B10
(07 31 00)
ARCHITECTURAL METAL
PANEL ROOFING PER
SPEC. COLOR TO BE
DETERMINED BY OWNER
(03 30 00) 8" CAST-IN
PLACE CONCRETE WALL
(09 91 00) COLOR #1
(09 91 00) COLOR #2
(REVEAL)
(09 91 00) COLOR #1
(07 60 00) SHEET METAL
FASCIA W/ CONTINUOUS DRIP
4" / 1'-0"
4" / 1'-0"
71'-0"
23'-4" 23'-6" 24'-2"
-
---
-
---
-
---
-
---
4" / 1'-0"
Level 1
0'-0"
BBBA.9
(03 30 00) 6" CONCRETE CURB
CAULKING BY (03 30 00)
(03 30 00) 1" CONTINUOUS
EXPANSION FILLER
6"
1"6"
(03 30 00) 15# FELT PAPER BOND
BREAKER TYP AT ALL WALLS
(03 30 00) BEND #3 EPOXY
COATED BAR INTO CURB
(03 30 00) 8" CONCRETE SLAB W/ 10 MIL
VAPOR BARRIER OVER 8" CRUSHED
STONE
(03 41 00) 8" PRECAST CONCRETE WALL
(03 30 00) #3 BAR CONTINUOUS
BA
(06 10 00) (2)16" x 1-3/4"
1.9E MICROLLAM LVLS
(07 60 00) METAL FASCIA
AND DRIP
9 1/4"1'-4"
(06 10 00) 5/8" DIA LAG
BOLT THROUGH ANGLE
2 ON EACH SIDE OF WALL
PANEL
(05 12 00) L 8"X4"X1/2"
20" LONG CENTERED ON WALL
(06 10 00) PRESSURE TREATED
WOOD BLOCKING W/ STAINLESS STEEL
FASTENERS
4" / 1'-0"
6"
(05 12 00) 6" EMBEDED
STUDS
Level 1
0'-0"
Office Roof
14'-8"
T.O.Footing
-4'-0"
B11 B8B9B10
3"8'-0"
(09 91 00) PAINT
LINE - MAX. FILL LINE.
TYP. ON ALL INT.
WALLS OF BIN
STORAGE
(07 60 00) SHEET
METAL FASCIA
(07 60 00) SHEET
METAL FASCIA
(07 60 00) SHEET
METAL FASCIA W/
CONTINUOUS DRIP
-
---
4
A210
Sim
-
---
Level 1
0'-0"
Office Roof
14'-8"
T.O.Footing
-4'-0"
BCBDBEBF
6'-0"3'-0"
3'-0"6'-0"3'-0"
21'-1 11/32"
12'-0"
21'-1 11/32"
18'-10 21/32"
2'-2 11/16"18'-10 21/32"
4" / 1'-0"
4" / 1'-0"
20'-8"44'-6"20'-8"
-
---
5
A211
18'-8"
4'-8"4'-8"
(05 50 00) 3"x3"x1/4"
TUBE STEEL RACKS FOR
PVC PIPING STORAGE
WELDED TO 5"x5"x1/4"
STEEL PLATES EMBEDED
INTO WALL
(03 30 00) 8" CONCRETE
WALL
(03 30 00) 8" CAST-IN
PLACE CONCRETE WALL
85'-10"
FUEL TANKS AND
VAULTS - BY OWNER
Level 1
0'-0"
Office Roof
14'-8"
T.O.Footing
-4'-0"
B11B9 B10
3"8'-0"
3'-0" 23'-6" 24'-2" 1'-0"
8" 22'-10" 8" 22'-10" 8"
47'-8"
(09 91 00) PAINT
LINE - MAX. FILL LINE.
TYP. ON ALL INT.
WALLS OF BIN
STORAGE
(07 60 00) SHEET
METAL FASCIA
(07 60 00) SHEET
METAL FASCIA
6"
(03 30 00)
CONCRETE STOP
4
A210
Sim
Level 1
0'-0"
T.O.Footing
-4'-0"
4'-0" 8" 4'-0"
#4 BARS @ 18" O.C. HORIZONTAL
#6 BARS @ 8" O.C. VERTICAL
#6 BARS @ 15" O.C. - 96" LONG
(6) - #4 BARS LONG TOP
#6 BENT BARS @ 8" O.C.
(4) - #4 BARS LONG BOT.
Level 1
0'-0"
Office Roof
14'-8"
Mezzanine
15'-8"
T.O.Footing
-4'-0"
T.O. Footing Vehicle
-2'-4"
B9
2'-10"
5'-8"
5'-8"5'-8"1'-7"
3
SBin02
Sim
3'-0"
(05 50 00) 3X3X1/4" STEEL
TUBE RACK WELDED TO
4x4x1/4" EMEDED PLATES
(07 31 00)
ARCHITECTURAL METAL
PANEL ROOFING PER
SPEC. COLOR TO BE
DETERMINED BY OWNER
3"
TYP.
1'-0"
3" 2'-7"
(09 91 00) PAINT LINE - MAX. FILL
LINE. TYP. ON ALL INT. WALLS OF
BIN STORAGE
(03 30 00) 5"x5"x1/2"
EMBEDED ANCHORING PLATES
(TYP). COORDINATE LOCATION
W/ STEEL SHOP DRAWINGS
3"8'-0"
3"5'-5"3"
ASPHALT PER CIVIL PLANS
(03 30 00) 8" CONCRETE
SLAB OVER 8" CRUSHED
STONE. REINFORCING PER
CIVIL PLANS AND SPECS
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SCALE: As indicated
A211
Village of Brown Deer - Public Works Facility
February 28, 2018
Bin Storage Elevations and Details - Alternate #5
8950 Arbon Drive, Brown Deer 53223
1/8" = 1'-0"1 Bin Storage - East Side Elevations
1/8" = 1'-0"2 Storage Bin - South Elevatio
1" = 1'-0"9 Storage Bin Stop Detail
3/4" = 1'-0"8 Storage Bin Header Detail
1/8" = 1'-0"4 Bin Storage North Elevation
1/8" = 1'-0"3 Bin Storage Elevations - West
1/8" = 1'-0"7 Short Bins Elevation
1/2" = 1'-0"6 Bin Storage Divider Wall Footing
1/2" = 1'-0"5 Wall Section
1
REQUEST FOR CONSIDERATION
COMMITTEE: Public Works/Beautification Committee & Village Board
ITEM DESCRIPTION: Emergency Facility Repair at DPW Material Storage Bin Roof
PREPARED BY: Matthew S. Maederer, PE, Director of Public Works/Village Engineer
REPORT DATE: July 28, 2026
MANAGER'S REVIEW/COMMENTS:
No additional comments to this report.
See additional comments attached.
RECOMMENDATION: Consider Approval of Contract with New Roofs Inc. for
Emergency Repairs at 8950 N. Arbon Drive – DPW Material Storage Bin Roof
EXPLANATION:
The south material storage bin roof was damaged (blew o ff!) during an unprecedented
and extreme wind weather event (sustained winds more than 70mph) which occurred on
Friday, March 13th, 2026.
After the damage was o bserved staff contacted the Village ’s insurance provider, MPIC
and a claim was filed. Once the claim was filed and accepted staff started the process of
r
Text truncated. Open the original for the full document.
Source: Village of Brown Deer website. First collected Oct 16, 2026.