Public Works & Highways Committee — Agenda Packet

MEETING: REGULAR MEETING OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE DATE & TIME: Wednesday, August 5, 2026 at 5:30 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road Any member of the body and/or citizen may attend the meeting virtually through the WebEx platform, Meeting #: 2555 672 0428 Password: ZNmFyjsD343 which can be accessed by phone at 408-418-9388 or by logging on at: https://villageofgermantown.my.webex.com/villageofgermantown.my/j.php?MTID=mc28ed9f85300bb8f63267a15d2f40b55 Citizens not wishing to attend the meeting personally or virtually may submit any public comments by sending an email to comments@germantownwi.gov by 4 p.m. on the day of the meeting so that it can be provided to the members of the body for their consideration. Previously recorded Village Board Meeting Videos can be viewed at https://www.youtube.com/channel/UCOYp0EgELzTCa9X_iCohyhQ. AGENDA I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. II. ROLL CALL: III. MEETING MINUTES: A. July 8, 2026 IV. PUBLIC COMMENT: Please be advised per State Statute Section 19.84(2), information will be received from the public. It is the policy of this municipality that there be a four-minute time period, per person, with time extensions per the Chief Presiding Officer’s discretion; be further advised that there may be limited discussion on the information received, however, NO ACTION will be taken under public comments. Comments that may be injurious to village personnel or other individuals will not be allowed. V. UNFINISHED BUSINESS: A. April storm update with speakers Mike Martin (Director of Technical Services, MMSD, Flooding, Sewers, and Home Resilience), Becky Specht (Urban Water Program Manager, MMSD, Flooding, Sewers, and Home Resilience), and Paul Backhaus (County Conservationist, Washington County, Pre-Disaster Resiliency Grant). (DISCUSSION) VI. NEW BUSINESS: A. Consideration of a contract with M&M Tree Care not to exceed $44,175.00 for the tree pruning project in and around Hawthorne Meadows and Cedar Hills subdivisions. (ACTION) B. Acceptance of Well 2 generator replacement. (ACTION) C. Amendment to Section 11.08 of the Germantown Municipal Code relating to regulation of garbage and recyclable items. (ACTION) D. Consideration of award of contract to C.W. Purpero, Inc. in a total amount including a 10% contingency of $1,099,936.48 for the Pleasant View culvert Page 1 of 31 PUBLIC WORKS & HIGHWAYS COMMITTEE AGENDA August 5, 2026 Page 2 replacement and Pleasant View reconstruction from Lovers Lane south to Freistadt Road ARIP. (ACTION) VII. DIRECTOR'S REPORT: A. August Director's Report VIII. NEXT MEETING DATE: IX. ANNOUNCEMENTS: X. ADJOURNMENT: UPON REASONABLE NOTICE, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact the Village Clerk at (262)250-4745 at least 2 days prior to the meeting. Notice is hereby given that a possible quorum of other boards, committees, and/or commissions may attend this meeting to gather information about an item over which they have decision-making responsibility. This may constitute a meeting of these bodies per State ex rel. Badke v Greendale Village Board, even though these bodies will not take formal action at this meeting. Page 2 of 31 MEETING: REGULAR MEETING OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE DATE AND TIME: Wednesday, July 8, 2026 5:30 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road MINUTES I. CALL TO ORDER: Chairperson Kaminski called the Public Works and Highways Committee meeting to order at 5:31PM. II. ROLL CALL: Present: Trustee Terri Kaminski, Trustee Robert Warren, Trustee Jan Miller, Trustee Jim Stout Absent: None Excused: None Also Present: None III. MEETING MINUTES: A. June 3, 2026 Motion: Approve as presented Motioned By: Robert Warren Seconded By: Jim Stout Yes: Terri Kaminski, Robert Warren, Jan Miller, Jim Stout No: None Abstain: None Motion Passed (Yes 4, No 0, Abstained 0) IV. PUBLIC COMMENT: Kris Privek of N106W17321 Wildflower Ln spoke about sewer monitoring. V. UNFINISHED BUSINESS: VI. NEW BUSINESS: A. Resolution Adopting the 2025 Compliance Maintenance Annual Report (CMAR) (WDNR) (ACTION) DPW Director Zimmerman provided information on this item. Motion: Approve as presented Motioned By: Robert Warren Seconded By: Jim Stout Yes: Terri Kaminski, Robert Warren, Jim Stout Page 3 of 31 Page 2 No: Jan Miller Abstain: None Motion Passed (Yes 3, No 1, Abstained 0) B. 2026 Library Gutter Seam Sealing Project (DISCUSSION) HPB&G Superintendent Scott Anderson gave information on this project and cost savings involved. This was a discussion only item. C. Gettysburg Drive "School Crossing" roadway painting and speed reduction signage (ACTION) HPB&G Superintendent Scott Anderson gave information on this item. Motion: Approve as presented Motioned By: Robert Warren Seconded By: Jim Stout Yes: Robert Warren, Jan Miller, Jim Stout No: Terri Kaminski Abstain: None Motion Passed (Yes 3, No 1, Abstained 0) D. Reduction to the letter of credit in the amount of $164,375.25 to Home Path Financial, developer of Heritage Park North (ACTION) DPW Director Zimmerman gave information on this item. Motion: Approve as presented Motioned By: Robert Warren Seconded By: Jan Miller Yes: Terri Kaminski, Robert Warren, Jan Miller, Jim Stout No: None Abstain: None Motion Passed (Yes 4, No 0, Abstained 0) E. Amendment #1 to Agreement with MSA for the Maple Road bridge repair in an amount which includes a 10% contingency of $31,130.00 (ACTION) DPW Director Zimmerman gave information on this item. Motion: Approve as presented Motioned By: Jan Miller Seconded By: Robert Warren Yes: Terri Kaminski, Robert Warren, Jan Miller, Jim Stout No: None Page 4 of 31 Page 3 Abstain: None Motion Passed (Yes 4, No 0, Abstained 0) F. Change order to Agreement with Vinton Construction for the High Point Pass Project in the amount of $34,909.96 (ACTION) DPW Zimmerman gave information on this topic. Motion: Approve as presented Motioned By: Robert Warren Seconded By: Jim Stout Yes: Terri Kaminski, Robert Warren, Jim Stout No: Jan Miller Abstain: None Motion Passed (Yes 3, No 1, Abstained 0) G. Adoption of 2026 Wage and Equipment Rates (ACTION) DPW Zimmerman gave information on this item. Motion: Approve as presented Motioned By: Jim Stout Seconded By: Terri Kaminski Yes: Terri Kaminski, Robert Warren, Jim Stout No: Jan Miller Abstain: None Motion Passed (Yes 3, No 1, Abstained 0) VII. DIRECTOR'S REPORT: A. July Director's Report DPW Director Zimmerman spoke about various projects within Engineering, Highways, Parks, Buildings and Grounds, as well as Water and Wastewater. He also mentioned budget preparation will begin in earnest after the new Finance Director is on board. VIII. NEXT MEETING DATE: The next Public Works and Highways Committee Meeting will be held on August 5, 2026 at 5:30PM. IX. ANNOUNCEMENTS: None X. ADJOURNMENT: Chairperson Kaminski adjourned the meeting at 6:22PM. Page 5 of 31 BUSINESS OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE MEETING DATE: August 5, 2026 PLACEMENT: Presentation ITEM TITLE: April storm update with speakers Mike Martin (Director of Technical Services, MMSD, Flooding, Sewers, and Home Resilience), Becky Specht (Urban Water Program Manager, MMSD, Flooding, Sewers, and Home Resilience), and Paul Backhaus (County Conservationist, Washington County, Pre- Disaster Resiliency Grant). (DISCUSSION) SUBMITTED BY: Timothy Zimmerman, Public Works Director SUMMARY EXPLANATION: ATTACHMENT: STAFF RECOMMENDATION: ACTION BY COMMITTEE: Page 6 of 31 BUSINESS OF THE PUBLIC WORKS COMMITTEE & VILLAGE BOARD GERMANTOWN, WI MEETING DATE: Wednesday, August 5 th, 2026 AGENDA ITEM: New Business ITEM TITLE: Street & Facility Tree Pruning Project. SUBMITTED BY: Scott Anderson: Highway, Parks, Building & Grounds Superintendent SUMMARY EXPLANATION: In accordance with the village’s comprehensive tree plan, staff solicited pricing from six area contractors to prune street, and facility trees as identified within the plan as year-2. The project will prune nearly 300 trees in and around the Hawthorne Meadows and Cedar Hills subdivisions, along Mequon Road, Division Road and several municipal facilities. The project costs are reflected in the 2026 parks department street tree general fund budget. Routine pruning provides a number of important benefits, including: disease prevention, allows shaping and thinning, which offer necessary clearances along roadways and reduces potential liability by removing unhealthy limbs and deadwood. Project specifications were developed by Wachtel Tree Science in accordance with ANSI A300, which is an industry standard, and recognized within the comprehensive tree plan. Should the project be approved, staff will communicate the necessary information to residents in the formats outlined within the comprehensive tree plan. Staff received pricing from three qualified area tree contractors to perform the work, and the results are listed below for review. M&M Tree Care: $44,175.00 Crawford Tree & Landscape Services: $51,332.40 First Choice Tree Care: $54,684.00 ATTACHMENT: ORDINANCE_____ RESOLUTION_____ OTHER __ _ RECOMMENDATION: Staff recommends contracting with M&M Tree Care to prune all street and facility trees as outlined in the bid documents in an amount not to exceed $44,175.00 and to forward this request onto the Village Board with a positive recommendation. If approved, the funds shall be allocated from Parks Street Tree line-item account: 10564000-552100 COMMITTEE ACTION: Proper parliamentary procedure to deny a request is to have a motion made in the affirmative and by voting NAY would deny the request if a majority vote. Page 7 of 31 Page 8 of 31 Print Date: 7/28/2026 Village of Germantown GIS Year 2 Detail 11,208.08 Village Of Germantown N112 W17001 Mequon Road Germantown, WI 53022 262-250-4700 SCALE: 1 = 934' DISCLAIMER: This map is not a survey of the actual boundary of any property this map depicts. The Village of Germantown Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. Page 9 of 31 BUSINESS OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE GERMANTOWN, WI MEETING DATE: August 5th, 2026 AGENDA ITEM: New Business ITEM TITLE: Acceptance of Well 2 Generator replacement SUBMITTED BY: Paul Haugen, Water Utility Superintendent SUMMARY EXPLANATION: Committee needs to memorialize acceptance of the Well 2 Generator project, identifying that it went online and the warranty period commenced as of July 16th, 2026. The project came in under budget by $15,742.00 due to reusing the existing concrete pad. ____________________________________________________________________________ ATTACHMENT: ORDINANCE_____ RESOLUTION_____ OTHER _____ RECOMMENDATION: With approval from the PWHC Staff recommends the acceptance of the Well 2 Generator replacement. COMMITTEE ACTION: Proper parliamentary procedure to deny a request is to have a motion made in the affirmative and by voting NAY would deny the request if a majority vote. Page 10 of 31 23G018.04/05 Wells No. 2 and 7 Generator Replacemen t October 2024 Village of Germantown NOTICE OF ACCEPTABILITY OF WORK 00 65 17 - 1 SECTION 00 65 17 NOTICE OF ACCEPTABILITY OF WORK PROJECT: Wells No 2 and 7 Generator Replacement OWNER: Village of Germantown CONTRACTOR: J Miller Electric OWNER’S CONSTRUCTION CONTRACT IDENTIFICATION: Well 2 Generator Replacement EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: December 16, 2024 ENGINEER: Foth Companies NOTICE DATE: June 12, 2026 To: Village of Germantown Owner And To: J Miller Contractor From: Foth Companies Engineer The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final payment of Contractor, and that t he Work furnished and performed by Contractor under the above Construction Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated December 16, 2024, and the following terms and conditions of this Notice: CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work (“Notice”) is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree: 1. This Notice is given with the skill and care ordina rily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the Engineer’s professional opinion. 3. This Notice is given as to the best of Engineer’s k nowledge, information, and belief as of the Notice Date. Page 11 of 31 23G018.04/05 Wells No. 2 and 7 Generator Replacemen t October 2024 Village of Germantown NOTICE OF ACCEPTABILITY OF WORK 00 65 17 - 2 4. This Notice is based entirely on and expressly limi ted by the scope of services Engineer has been employed by Owner to perform or f urnish during construction of the Project (including observation of the Contra ctor’s work) under Engineer’s Agreement with Owner, and applies only to facts tha t are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assi gned to Engineer under such Agreement. 5. This Notice is not a guarantee or warranty of Contr actor’s performance under the Construction Contract, an acceptance of Work that i s not in accordance with the related Contract Documents, including but not limit ed to defective Work discovered after final inspection, nor an assumptio n of responsibility for any failure of Contractor to furnish and perform the Wo rk thereunder in accordance with the Construction Contract Documents, or to oth erwise comply with the Construction Contract Documents or the terms of any special guarantees specified therein. 6. This Notice does not relieve Contractor of any surv iving obligations under the Construction Contract, and is subject to Owner’s re servations of rights with respect to completion and final payment. By: Title: Project Manager Dated: July 16 , 2026 Page 12 of 31 BUSINESS OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE GERMANTOWN, WI MEETING DATE: August 5, 2026 PLACEMENT: Action Item ITEM TITLE: Amendment to Section 11.08 of the Germantown Municipal Code Relating to Regulation of Garbage and Recyclable Items SUBMITTED BY: Timothy K. Zimmerman – Director of Public Works SUMMARY EXPLANATION: As of July 1, 2025, ch.NR 544 Wis. Adm.Code was modified to add greater clarification and additions to the text. Most of the changes have to do with modifications to outreach and educational materials, and the elimination of per capita collection standards. The attached ordinance is in a line through format so it can easily be seen what has/is changing. The Village attorney was involved in the revised document. ATTACHMENT: ORDINANCE X RESOLUTION OTHER___X___ Modification to 11.08 of the Municipal Code RECOMMENDATION: It is my recommendation to send forward with a positive recommendation to the Village Board the amendment to section 11.08 of the Germantown Municipal Code relating to regulation of trash and recyclable items COMMITTEE ACTION: Proper parliamentary procedure to deny a request is to have a motion made in the affirmative and by voting NAY would deny the request if a majority vote. Page 13 of 31 STATE OF WISCONSIN VILLAGE OF GERMANTOWN WASHINGTON COUNTY ORDINANCE NO. _____-2026 AN ORDINANCE AMENDING SECTION 11.08 OF THE GERMANTOWN MUNICIPAL CODE RELATING TO REGULATION OF GARBAGE AND RECYCLABLE ITEMS WHEREAS, the Village Board previously adopted Section 11.08 of the Germantown Municipal Code which, in part, establishes an effective recycling program as required by Wis. Stat. § 287.11; and WHEREAS, Section 11.08 of the Germantown Municipal Code must remain consistent with the state recycling standards set forth in Wis. Adm. Code § NR 544 to maintain compliance with Wis. Stat. § 287.11; and WHEREAS, the state recycling standards set forth in Wis. Adm. Code § NR 544 have recently been amended; and WHEREAS, the Village Board desires to amend Section 11.08 of the Germantown Municipal Code to conform to the amended state recycling standards set forth Wis. Adm. Code § NR 544. NOW, THEREFORE, the Village Board of the Village of Germantown, Wisconsin, do ordain as follows: SECTION I Section 11.08(1) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (1) DEFINITIONS. (a) Bi-Metal Container. A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum. (b) Container Board. Corrugated paperboard used in the manufacture of shipping containers and related products. (c) Foam Polystyrene Packaging. Packaging made primarily from foam polystyrene that satisfies one of the following criteria: 1. Is designed for serving food or beverages; or 2. Consists of loose particles intended to fill space and cushion the packaged article in a shipping container; or Page 14 of 31 ORDINANCE NO. ______-2026 Page 2 3. Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container. (d) Glass Container. A glass bottle, jar or other packaging container used to contain a product that is the subject of a retail sale and does not include ceramic cups, dishes, oven ware, plate glass, safety and window glass, heat- resistant glass such as pyrex, lead based glass such as crystal, or TV tubes. (ed) HDPE. High density polyethylene, labeled by the resinSPI code #2. (fe) LDPE. Low density polyethylene, labeled by the resinSPI code #4. (gf) Magazines. Magazines and other materials printed on similar paper. (hg) Major Appliance. A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater, water softeners or stove. (ih) Multiple-Family Dwelling. A structureproperty containing 5 or more residential units, including units thatthose which are occupied seasonally. (ji) Newspaper. A newspaper and other materials printed on newsprint. (kj) Nonresidential Facilities and Properties. Commercial, retail, industrial, institutional (includes churches (parsonage) and schools) and governmental facilities and properties. This includes any location at which goods or services are provided or manufactured, including locations under construction, demolition, or remodeling, or used for special events such as, but not limited to, fairs, festivals, sports venues, conferences, and exhibits. This term does not include multiple-family dwellings. (lk) Office Paper. A variety of hHigh grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste, newspaper or packaging. (ml) Other Resins or Multiple Resins. Plastic resins labeled by the resinSPI code #7. (nm) Person. Includes any individual, corporation, limited liability company, partnership, association, local governmental unit, as defined in Wis. Stat. § 66.0131(1)(a)287.01(5m), State agency or authority or Federal agency. (on) PETE. Polyethylene terephthalate, labeled by the resinSPI code #1. Page 15 of 31 ORDINANCE NO. ______-2026 Page 3 (po) Plastic Container. An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale. (qp) Post-Consumer Waste. Solid waste other than solid waste generated in the production of goods, hazardous waste as defined in Wis. Stat. § 291.01(7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Wis. Stat. § 289.01(17). (rq) PP. Polypropylene, labeled by the resinSPI code #5. (sr) PS. Polystyrene, labeled by the resinSPI code #6. (ts) PVC. Polyvinyl chloride, labeled by the resinSPI code #3. (ut) Recyclable Materials. Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins; steel containers; waste tires; and bi-metal containers. (vu) Solid Waste. The meaning specified in Wis. Stat § 289.01(33). (wv) Solid Waste Facility. The meaning specified in Wis. Stat. § 289.01(35). (xw) Solid Waste Treatment. Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration. (yx) Waste Tire. A tire that is no longer suitable for its original purpose because of wear, damage or defect. (This includes all tires). (zy) Yard Waste. Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than 6 inches in diameter10 feet in length. This term does not include stumps, roots, or shrubs with intact root balls. SECTION II Section 11.08(2)(b) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (b) Users Served. Except as provided in subsection (c) below, gGarbage and recycling collection services shall be provided by the Village, only to single-family and 2- Page 16 of 31 ORDINANCE NO. ______-2026 Page 4 unit, 3-unit, and 4-unit residencestwo-family and to multi-family dwelling containing 4 or fewer dwelling units. Except for users enumerated in subsection (c) below. SECTION III Section 11.08(3)(j) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (j) Separation Requirements Exempted. The separation requirements of subsection (i) above do not apply to the following: 1. Occupants of single-family and 2-unit, 3-unit, and 4-unit residences, multiple-family dwellings, condominiums and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in subsection (i) above from solid waste in as pure a form as is technically feasible. 2. Solid waste which is burned as a supplemental fuel at a facility iof less than 30% of the heat input to the facility is derived from the solid waste burned as a supplemental fuel, in accordance with Wis. Stat. § 287.07(7)(bg). 3. A recyclable material specified in subsection (i)5 through 15 above for which a variance has been granted by the Wisconsin Department of Natural Resources under Wis. Stat. § 287.11(2m) or Wis. Adm. Code § NR 544.14Foam polystyrene packaging and rigid plastic containers made of PVC (#3), LDPE (#4), PP (#5), PS (#6), and other multiple resins (#7). These items have been granted a separation variance by the Department of Natural Resources under Wis. Stat. § 287.07(7)(h). SECTION IV Section 11.08(3)(l) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (l) Management of Lead Acid Batteries, Major Appliances, Waste Oil and Yard Waste. Occupants of single-family and 2-unit, 3-unit and 4-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste as follows: SECTION V Section 11.08(3)(m) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): Page 17 of 31 ORDINANCE NO. ______-2026 Page 5 (m) Collection of Recyclable Materials. Except as otherwise directed by the Director of Public Works, occupants of single family and 2-unit, 3-unit, and 4-unit residences2 family residences and 3-unit, 4-unit multi-family units shall place the separated materials specified in subsection (i)5 through (i)15 above into the cart supplied for recyclables, except that wWaste tires shall be taken directly to Waste Management's Orchard Ridge Landfill or other tire distributors accepting used tires. SECTION VI Section 11.08(3)(n) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (n) Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings and Condominiums Having 5 or Greater Contiguous Units. 1. Owners or designated agents of multiple-family dwellings and condominiums (5 or greaterplus contiguous units) shall do all of the following to recycle the materials specified in subsection (i)5 through (i)15 above: a. Provide adequate, separate containers for the recycling program established in compliance with this section. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met:recyclable materials. i. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit. ii. The ratio of trash container volume to recycling container volume is at most 2:1. iii. An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility. b. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program. c. Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility. d. Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet Page 18 of 31 ORDINANCE NO. ______-2026 Page 6 the processing requirements, collection methods or sites, and locations and hours of operation of drop-off collection sites to recycle materials not collected on-site, and a contact person or company, including a name, address and telephone number. 2. The requirements specified in paragraph 1 above do not apply to the owners or designated agents of multiple-family dwellings and& condominiums units having 5 or greater contiguous units if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in subsection i(5) through i(15) above from solid waste in as pure a form as is technically feasible.: a. The post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in subsection (i) from solid waste in as pure a form as is technically feasible. b. Less than 30% of the heat input to a facility is derived from the solid waste which is burned as a supplemental fuel at that facility in accordance with Wis. Stat. § 287.07(7)(bg). c. Items that have been granted a separation variance by the Department of Natural Resources under Wis. Stat. § 287.07(7)(h). Currently the items which need not be separated from solid waste are foam polystyrene packaging and rigid plastic containers made of PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7). SECTION VII Section 11.08(3)(o) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (o) Responsibilities of Owners or Designated Agents of Nonresidential Facilities and Properties. 1. Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in subsection (i)5 through (i)15 above: a. Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time Page 19 of 31 ORDINANCE NO. ______-2026 Page 7 period between collection of materials and delivery to a recycling facilityrecyclable materials. b. Notify, in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program. c. Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility. d. Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations and hours of operation of drop-off collection sites to recycle materials not collected on-site, and a contact person or company, including a name, address and telephone number. e. The owner or designated agentoccupant of a new nonresidential facility or propertybuilding or a nonresidential facility or propertybuilding that is remodeled or expanded by 50% or more in floor area shall provide a designated area for separation, temporary storage, and collection of solid waste and recyclables materials either within or adjacent to the facility or propertybuilding. 2. The requirements specified in paragraph 1 above do not apply to the owners or designated agents of nonresidential facilities and properties if the post- consumer waste generated within the facility of property is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in subsection i(5) through i(15) above from solid waste in as pure a form as is technically feasible.: a. The post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in subsection (i) above from solid waste in as pure a form as is technically feasible. b. Less than 30% of the heat input to a facility is derived from the solid waste which is burned as a supplemental fuel at that facility in accordance with Wis. Stat. § 287.07(7)(bg). c. Items that have been granted a separation variance by the Department of Natural Resources under Wis. Stat. § 287.07(7)(h). Currently the items which need not be separated from solid waste are foam polystyrene packaging and rigid plastic containers made of Page 20 of 31 ORDINANCE NO. ______-2026 Page 8 PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7). SECTION VIII Section 11.08(3)(p) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (p) Prohibitions on Disposal of Recyclable Materials Separated for Recycling. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in subsection (i)5 through (i)15 above which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. SECTION IX Section 11.08(3)(q) of the Germantown Municipal Code is amended to read as follows (NOTE: Deleted text is struck-through; Added text is double underlined): (q) Enforcement. 1. For the purpose of ascertaining compliance with the provisions of this section, any authorized officer, employee or representative of the Village of Germantown may inspect recyclable materials separated for recycling, post- consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the Village who requests access for the purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection. 2. Any person who violates a provision of this section may be issued a citation by a Village police officer to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceedings under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph. 3. Penalties for violating this section may be assessed as follows:Any person who shall be adjudicated to have violated any of the provisions of this section shall be subject to a penalty as provided in section 25.04 of this Code. Page 21 of 31 ORDINANCE NO. ______-2026 Page 9 a. Any person who violated subsection (p) above may be required to forfeit $50.00 for a first violation, $200.00 for a second violation, and not more than $2,000.00 for a third or subsequent violation. b. Any person who violates a provision of this section, except subsection (p) above, may be required to forfeit not less than $10.00 or more than $1,000.00 for each violation. SECTION X The terms and provisions of this ordinance are severable. Should any term or provision of this ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. SECTION XI All ordinances or parts of ordinances contravening the terms of this ordinance are hereby to that extent repealed. SECTION XII This ordinance shall take effect and be in full force upon its passage and the day after its publication. Adopted:___________________ ____________________________________ Robert A Soderberg, Village President ATTEST: ____________________________________ Donna Ott, Village Clerk Approved as to form: ____________________________ Brian C. Sajdak, Village Attorney Published: Page 22 of 31 1 | P a g e Recycling Rule Revision: Changes for Responsible Units The Department of Natural Resources (DNR) has revised the administrative code that oversees Responsible Units’ (RUs) effective recycling programs and other aspects of Wisconsin’s recycling law. The rule revisions took effect July 1, 2025. This document summarizes changes specifically for RUs, to help RUs understand and comply with the changes. Please refer to ch. NR 544, Wis. Adm. Code, for exact language. If you have questions about the changes, contact DNRRecycling@wisconsin.gov. RU Education Before the code revision, RUs were required to provide education to residents of single family and 2-to-4-unit residences, multi-family dwellings, and non-residential facilities and properties about recycling of materials specified in s. 287.07 (1m) to (4), Wis. Stats. This includes lead acid batteries; appliances; oil; yard waste; tires; cardboard and paper; and containers made of glass, steel/bi-metal, aluminum and plastics #1 and #2. The 2009 electronics recycling law also required RUs to provide education on electronics recycling. These requirements remain with clarifications and additions as follows: • RUs must review their educational materials for accuracy and distribute this information at least once a year. • Educational materials must now also include the landfill ban on oil filters and absorbents, proper disposal and opportunities for recycling batteries, reasons and ways to reduce food waste, and composting opportunities and locations. • RUs do NOT need to collect or create programs for recycling oil filters and absorbents or batteries, reducing food waste, or composting. • Distribution of education and outreach materials by RUs may include online posting, electronic and printed mailings, and use of social media. Public outreach materials are available for use at no cost from the DNR. Visit the DNR recycling education and outreach page for resources. Collection Requirements Before the code revision, RUs (or municipalities within a multi-member RU) with a population of 5,000 or greater were required to provide, contract for, or otherwise provide for curbside recycling at least monthly, or to provide a drop-off used by at least 80% of the single-family and 2-to-4-unit residences in the municipality as documented by drop-off site monitoring records. RUs (or municipalities within a multi-member RU) with a population under 5,000 were required to provide Page 23 of 31 2 | P a g e an adequately sized drop-off open at least 2 days/month for 5 hours/day (minimum total of 10 hours/month) or to provide a collection equivalent to the larger RUs/municipalities. The code revision made the following changes to these requirements: • If an RU provides only the minimum of monthly curbside collection, it must also provide access to a drop-off site for recyclables. Access could include a drop-off site in another municipality or at a private location. • Any municipality that opts to direct individual residents to contract directly with a waste hauler for collection of recyclables to meet the requirements outlined for a collection system must modify its recycling ordinance and compliance assurance plan to reflect this requirement and collect recycling tonnage data. • RUs are no longer required to meet a specified pounds per person collection standard. Recycling Ordinance Modifications Multi-Family Recycling Before the code revision, in an RU’s recycling ordinance, multi-family properties needed to provide “adequate, separate containers” for the recycling program established in compliance with the ordinance. No additional details were included to define “adequate,” which led to RU challenges with enforcing their ordinance and confusion at some multi-family properties. The code revisions made the following clarifications to this requirement: Providing adequate recycling services to multi-family properties must include an equal or greater ratio of recycling containers to trash containers and one of the following: • minimum total volume of recycling containers provided is 20 gallons per week per dwelling unit; • ratio of trash container volume to recycling container volume is at most 2:1; or • an alternative method which does not result in recyclable container overflow between collection. Non-Residential Recycling Before the code revision, in an RU’s recycling ordinance, non-residential properties needed to provide “adequate, separate containers” for the recycling program established in compliance with the ordinance. The DNR understood that non-residential properties vary significantly in recycling generation. For instance, the volume of recycling containers needed will be vastly different for a small shop, a 50-unit hotel or large manufacturing facility. Therefore, “adequate” could not be as specifically described as for multi-family residences. Page 24 of 31 3 | P a g e To clarify what “adequate, separate containers” means for non-residential properties, the code revisions require that the total volume of recycling containers be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility. Tenant Notification Requirements The code revisions reduced tenant notification requirements for multi-family and non-residential facilities. Notification will no longer need to include reasons to reduce and recycle waste or specific details (hours of operation, contact person, address and phone number) for locations that accept recyclable materials not collected on-site. All RUS will need to update their recycling ordinance to address these new requirements. The DNR will provide a new recycling ordinance template for RUs to use to update their recycling ordinance. Changes for Haulers and Materials Recovery Facilities That Affect RUs Haulers The code revision makes the following changes for haulers of recyclable materials: • Requires containers used for collection of recyclables to be clearly labeled. • Requires haulers to provide residential recycling tonnage data to RUs by Feb. 1 each year. Data must include the name of the materials recovery facility(ies) (MRFs) used to process the materials. • Requires haulers to notify RUs when a new MRF is used. Materials Recovery Facilities The code revision makes the following changes for MRFs that serve RUs: • Requires MRFs provide contracted RUs with information on accepted materials. • Requires MRFs to review educational material within 60 days of a request from a contracted RU. The above are only code revisions that directly affect RUs. Haulers and MRFs have a number of other new requirements and changes in the code revision. Wisconsin Department of Natural Resources | July 2025 The information above is a summary of changes for RUs as a result of recycling rule revision and is not comprehensive. To view the complete rule changes, go to Wisconsin Legislature: CR 23-065 Rule Text Page 25 of 31 Summary of Recycling Rule Revisions (WA-13-21) (See Wisconsin Legislature: CR 23-065 Rule Text for full text) In November 2020, the Legislative Audit Bureau (LAB) conducted an audit of the state recycling program. One LAB recommendation was to “update provisions in administrative rules pertaining to effective recycling programs,” as the rules were last updated in 2005. As a result, the Department of Natural Resources has gone through the rulemaking process to revise administrative code governing statewide materials recycling and “effective recycling programs.” These rule revisions affect local governments designated as responsible units for recycling (RUs), materials recovery facilities (MRFs) that process residential recyclables, waste haulers, and waste storage and transfer facilities that handle recyclable materials. The code revisions reflect operational changes within the recycling industry and the DNR. They also seek to streamline requirements, reduce reporting obligations, and ensure a level playing field among facilities that provide processing and recycling services. The information below is a high-level summary of the revisions. Changes for local government responsible unit (RU) recycling programs • RU education: specifies educational materials be reviewed for accuracy and provided annually. Adds batteries and food waste/composting to the list of topics RUs must educate residents on (public outreach materials available for use at no cost from DNR). • Collection: additional documentation requirements added for RUs that meet recycling collection standards by having residents contract individually for recycling pick-up. Additional recycling drop-off location requirement for RUs that only offer monthly curbside collection to residents. • Multi-family complexes/apartments (5 or more units): provides specific options for how to provide “adequate” recycling. • Eliminates static pounds per person collection standard. Changes for materials recovery facilities (MRFs) • Starting in 2027, requires MRFs processing more than 5,000 tons/year to have owner financial responsibility (OFR) in place to cover facility closure and cleanup costs should the operator abandon or be unable to properly close a facility. OFR is already required for other solid waste processors. • Establishes a minimum glass recycling rate of 12% unless the facility can provide justification of lower rate or creates a glass recycling improvement plan. • Sets maximum residual rate of 20% (i.e., no more than 20% of the material a MRF receives may be sent for disposal) unless the facility can provide justification of a higher rate or establishes a residual rate improvement plan. • Reduces the amount of information MRFs need to provide on their annual report to the DNR. • Requires MRFs to provide the RUs and haulers they work with information about materials accepted and to review contracted RUs’ educational materials within 60 days of a request. If the MRF produces/provides its own educational material (not required), it must specify that the guidelines apply to its facility only (as recycling guidelines vary from facility to facility). • Specifies that material delivered directly from RUs must be inventoried as residential material on annual report. Page 26 of 31 • Requires MRFs to develop short-term (<48 hrs) and long-term (≥48 hrs) contingency plans for use in case of shutdown. • Requires MRFs to prevent litter from unbaled paper, plastic or other easily airborne materials. Changes for haulers, transfer and storage facilities • Haulers must provide RUs recycling tonnage and name(s) of MRF(s) used by Feb. 1 each year for the previous year (current requirement is supplying data within 4 weeks of a written request). • Haulers must notify RUs if using a new MRF. • Haulers must ensure containers used for recycling are clearly labeled. • Transfer and storage facilities must keep segregated recyclables separate from solid waste and maintain cleanliness of recyclable material. • Transfer and storage facilities must prevent litter from unbaled paper, plastic or other easily airborne material. The rule revision generally revises, clarifies and removes obsolete language from chs. NR 500, 502, 542 and 544, Wis. Adm. Code. It also codifies guidance and existing practices related to beneficial reuse of glass and for facilities requesting residual disposal fee exemptions at landfills. _____________________________________________________________________________________ For more information, please contact Jennifer Semrau, Waste Reduction and Diversion Coordinator, at Jennifer.Semrau@wisconsin.gov or 608-381-0960. Dated: July 14, 2025 Page 27 of 31 BUSINESS OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE MEETING DATE: August 5, 2026 PLACEMENT: Action Item ITEM TITLE: Award of Contract – Pleasant View Culvert Replacement/ Pleasant View Reconstruction Lovers Lane South to Freistadt Road ARIP SUBMITTED BY: Tim Zimmerman – Director of Public Works SUMMARY EXPLANATION: The 2026 Road Program includes money for the replacement of the culvert structure on Pleasant View Dr. as well as reconstruction of Pleasant View Dr, from Lovers Ln. to Freistadt Rd. 90% of the work will be funded through the 2025 ARIP award the Village received from WDOT the remaining 10% obligation is included in the 2026 road program. The bid tab is as follows: Payne and Dolan $1,229,244.45 Sheet Piling Services, LLC $1,002,124.85 C.W. Purpero, Inc. $999,942.25 This project includes full pavement removal, drainage improvements, and replacement of the current CMP culvert with a concrete structure. Engineer’s estimate: $1,326,585.00. ATTACHMENT: ORDINANCE RESOLUTION OTHER___X____ Bid Tab RECOMMENDATION: Staff requests from the PWHC recommend to the Village Board approval of a contract with C.W. Purpero, INC. for the Pleasant View Culvert and Road Reconstruction Improvements in the amount of $999,942.25 and allow a 10% contingency $99,994.23 for the total amount of $1,099,936.48. Funded in 40-5561000-531340 Asphalt Paving cost share 90% reimbursed by WDOT ARIP program COMMITTEE ACTION: Proper parliamentary procedure to deny a request is to have a motion made in the affirmative and by voting NAY would deny the request if a majority vote. Page 28 of 31 Pleasant View ARIP Culvert Replacement Project (#9904657) Owner: Germantown, Village of Solicitor: Germantown, Village of 07/30/2026 11:00 AM CDT Engineer Estimate C.W. Purpero, Inc Sheet Piling Services, LLC Payne & Dolan, Inc. Section TitleLine Item Item Code Item DescriptionUofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Pleasant View Road $1,326,585.00 $999,942.25 $1,002,124.85 $1,229,244.45 1 1 SAWCUT PAVEMENTLF 195 $3.00 $585.00 $2.35 $458.25 $2.60 $507.00 2 2 PAVEMENT PULVERIZATIONSY 6250 $0.90 $5,625.00 $0.83 $5,187.50 $5.00 $31,250.00 3 3 EXCAVATION COMMONCY 2300 $29.00 $66,700.00 $18.00 $41,400.00 $19.80 $45,540.00 4 4 EXCAVATION BELOW SUBGRADECY 200 $107.00 $21,400.00 $83.50 $16,700.00 $91.85 $18,370.00 5 5 BACKFILL STRUCTURECY 370 $57.00 $21,090.00 $25.00 $9,250.00 $27.50 $10,175.00 6 6 BASE AGGREGATE 1-1/4"TON 3710 $25.70 $95,347.00 $24.00 $89,040.00 $26.40 $97,944.00 7 7 HMA PAVEMENT - SURFACE COURSE (4 LT 58-28 S)TON 820 $80.00 $65,600.00 $77.25 $63,345.00 $97.00 $79,540.00 8 8 HMA PAVEMENT - BINDER COURSE (3 LT 58-28 S)TON 1230 $76.00 $93,480.00 $73.50 $90,405.00 $97.00 $119,310.00 9 9 HMA PAVEMENT - DRIVEWAYS (4 LT 58-28 S)TON 95 $165.00 $15,675.00 $100.00 $9,500.00 $240.00 $22,800.00 10 10 ASPHALTIC FLUMESSY 3 $156.00 $468.00 $150.00 $450.00 $340.00 $1,020.00 11 11 ASPHALT TACK COATGAL 490 $3.00 $1,470.00 $3.00 $1,470.00 $2.50 $1,225.00 12 12 CULVERT PIPE CORRUGATED STEEL 15-INCHLF 176 $159.00 $27,984.00 $93.50 $16,456.00 $103.00 $18,128.00 13 13 CULVERT PIPE CORRUGATED STEEL 24-INCHLF 160 $193.00 $30,880.00 $114.50 $18,320.00 $126.00 $20,160.00 14 14 STEEL PLATE BEAM GUARD, TYPE LHWLF 203 $41.00 $8,323.00 $39.70 $8,059.10 $44.00 $8,932.00 15 15 STEEL PLATE BEAM GUARD OVER LOW-FILL CULVERTSLF 50 $44.00 $2,200.00 $42.45 $2,122.50 $47.00 $2,350.00 16 16 STEEL PLATE BEAM GUARD ENERGY ABSORBING TERMINALEA 4 $4,200.00 $16,800.00 $4,000.00 $16,000.00 $4,400.00 $17,600.00 17 17 REMOVE 8.5' X 12' CMP ARCH CULVERTLS 1 $7,000.00 $7,000.00 $100,000.00 $100,000.00 $110,000.00 $110,000.00 18 18 CONSPAN 21' X 10'-2" O-SERIES STRUCTURELS 1 $332,500.00 $332,500.00 $305,000.00 $305,000.00 $335,500.00 $335,500.00 19 19 DEWATERINGLS 1 $29,500.00 $29,500.00 $20,000.00 $20,000.00 $22,000.00 $22,000.00 20 20 SHOULDERINGTON 360 $43.00 $15,480.00 $37.50 $13,500.00 $35.00 $12,600.00 21 21 SURFACE RESTORATION, TOPSOIL, SEED, EROSION MAT, AND WATERINGSY 6090 $9.40 $57,246.00 $5.64 $34,347.60 $14.00 $85,260.00 22 22 SILT FENCELF 2210 $2.00 $4,420.00 $1.88 $4,154.80 $2.00 $4,420.00 23 23 TEMPORARY DITCH CHECKS LF 512 $10.00 $5,120.00 $9.80 $5,017.60 $11.00 $5,632.00 24 24 TRACKING PADSEA 2 $1,500.00 $3,000.00 $2,000.00 $4,000.00 $2,200.00 $4,400.00 25 25 RIPRAP LIGHTCY 19 $172.00 $3,268.00 $160.00 $3,040.00 $176.00 $3,344.00 26 26 RIPRAP MEDIUMCY 94 $190.00 $17,860.00 $100.00 $9,400.00 $110.00 $10,340.00 27 27 STRIPING - WHITE 24", SOLIDLF 18 $25.00 $450.00 $23.00 $414.00 $22.00 $396.00 28 28 STRIPING - WHITE 4", SOLIDLF 5087 $0.55 $2,797.85 $0.50 $2,543.50 $0.55 $2,797.85 29 29 STRIPING - 2X YELLOW 4", SOLIDLF 2544 $1.10 $2,798.40 $1.00 $2,544.00 $0.65 $1,653.60 30 30 TRAFFIC CONTROLLS 1 $9,700.00 $9,700.00 $7,500.00 $7,500.00 $18,000.00 $18,000.00 31 31 MOBOLIZATIONEA 1 $28,000.00 $28,000.00 $99,000.00 $99,000.00 $114,200.00 $114,200.00 32 32 ROCK EXCAVATIONCY 35 $205.00 $7,175.00 $100.00 $3,500.00 $110.00 $3,850.00 Base Bid Total: $1,326,585.00 $999,942.25 $1,002,124.85 $1,229,244.45 Page 29 of 31 Directors Report – August 2026 Engineering Road program including 2026 Roads along with seal coating program Underway. Esquire Estates and Division will be starting second week of August Pleasant View culvert replacement, ARIP road project Lovers Lane South to Freistadt. (Award of Contract) Maple Rd. Bridge repair over Willow Creek. Repair of deteriorated west beam addresses remaining lifespan of the structure. (Contract documents being developed) CTH Q & STH 175 Intersection Signal Replacements. Improvements planned for advertisement late summer for work in early 2027. Plans and specs. Being developed with Town of Jackson for Pioneer Rd. ARIP grant. Survey and Wetland delineations are underway. No candidates yet for Village Engineer position Highways, Parks, Buildings, and Grounds Full summer mode with mowing operations, including one pass ROW mowing Mastic application -completed, crack sealing will be in fall Street light fixture replacement underway will be on-going throughout the summer Flower Source Remediation and demo will resumed June 9th. Should be completed by months end. Waiting on disposal manifests from WM Currently down one operator due to resignation of Parks Crew Leader Page 30 of 31 Water Utility Commercial Meter replacements 400 residential meter replacements On going hydrant repair throughout the Village Discovered a fill pipe leak at Tower 2 -working on scoping repair Valve exercising Wastewater Utility System Jetting area 3 Yard Waste - Transferred 600 yds. of finished compost to Town 9 Pkwy location in preparation of vacating the site on Main St. SSSA under revisions after meeting with DNR and SEWRPC regarding population projections Collection System Facilities Plan – Submitted to DNR on hold pending SSSA Main St. and Old Farm Facilities Plan – Submitted to DNR on hold pending approval of the SSSA, and CSFP plans are currently at 30% and Village and consultant met to review Budget underway for all departments. Water and Wastewater will continue to be lean due to cash flow and anticipated future projects. Page 31 of 31