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10.12.2026 Village Board Agenda 10.12.26 VB AGENDA.PDF 10.12.26 Village Board Packet 10.12.26 VB PACKET V.2.PDF 1. Documents: 2. Documents: Page 1 of 4 Village of Cross Plains Board of Trustee Meeting Regular Meeting Notice and Agenda Village Hall 2417 Brewery Road Cross Plains, WI 53528 (608) 798-3241 October 12, 2026 6:00 pm The Village of Cross Plains will provide opportunities for the public to monitor the meeting virtually or by calling in. Please take note that the meeting will continue even if technical problems occur. The log in information is as follows: Zoom Virtual Meeting Link: https://us02web.zoom.us/j/88215999241 Conference telephone line: +1 312 626 6799 Meeting ID: 882 1599 9241 I. Call to Order II. Roll Call III. Pledge of Allegiance IV. Public Comment - This is an opportunity for anyone to address the Village Board on any issue. Please observe the time limit of 3 minutes. While the Village Board encourages input from residents, it may not discuss or act on any issue that is not duly noticed on the agenda. Please see the Public Comment instructions at the end of this agenda. V. Consent Agenda – Upon request of any Trustee, any item may be removed from the Consent Agenda for separate consideration under General Business. 1. Approve Minutes of Regular Village Board Meeting Held on September 28, 2026. 2. Approve Total Disbursements from 9/24/26 through 10/8/26 in the amount of $130,023.45 as follows: • 110 – General Fund $76,081.65 • 120 – Capital Fund $5,126.50 • 130 – Library Fund $10,590.35 • 150 – Debt Service Fund $0.00 • 200 – Library Endowment Fund $244.76 • 310 – TID $50.40 Page 2 of 4 • 660 – Water Utility $29,409.81 • 670 – Sewer Utility $8,519.98 3. Approval of Interim Village Administrator Memorandum of Understanding. 4. Approve Sewer Adjustment Request – 1776 Woodford Rd. VI. Report of Village Officers 1. Village President 2. Village Vice President 3. Other Trustee Reports 4. Village Administrator A. Update on Abandoned Madison Gas and Electric (MG&E) Poles on Baer Street 5. Village Department Heads/Other Reports A. Village Hall and Police Department Janitorial Services RFP VII. General Business 1. Guest Speaker – Shelby Acker, Cross Plains Area Chamber of Commerce. 2. Zuern Building Products, 1918 and 1923 Market Street a. Discussion and Possible Action Regarding a General Development Plan for the Proposed Redevelopment. b. Discussion and Possible Action Regarding a Specific Implementation Plan for the Proposed Redevelopment. 3. Discussion and Possible Action Regarding a Resolution Accepting Certain Public Improvements Serving Lots 1–31 and 44–126 of Marchstone Phase I. 4. Discussion and Possible Action Regarding Pay Application for the Water Booster Line under Marchstone Boulevard from the Booster Station to the Marchstone Water Reservoir. 5. Discussion and Possible Action Regarding Approval of the Johnson Block Engagement Letter for the 2027 Test Year Water Utility Rate Case. Page 3 of 4 6. Discussion and Possible Action Regarding a Memorandum of Understanding with Cross Plains Babe Ruth Baseball Organization for Batting Cage and Hitting Station Improvements at Baer Park. 7. Discussion and Possible Action Regarding Creation of Section 46.045 – Inspection of Massage Establishments. 8. Discussion and Possible Action Regarding the Village Hall and Police Department. a. Construction Update b. Financial Update c. Payment Application #10 9. Discussion and Possible Action Regarding the 2027 Draft Operating Base Budget and Supplemental Requests: a. Operating Base Budget. b. Supplemental Budget Requests. i. Building Inspection ii. Clerk/Administration iii. Refuse & Garbage Collection iv. Aging v. Water Pumping vi. Waste Disposal vii. General Building & Plant Expense 10. Closed Session a. The Village Board will meet in Closed Session pursuant to 19.85(1)( f) of Wisconsin Statutes, “Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations ,” to discuss the 2026 Market Rate Assessment Process Conducted by Accurate Assessors. i. Reconvene into Open Session pursuant to 19.85(2) of Wisconsin Statutes. ii. Discussion and Possible Action Regarding the 2026 Market Rate Assessment Process Conducted by Accurate Assessors. Page 4 of 4 VIII. Future Agenda Items IX. Adjournment This meeting notice constitutes an official meeting of the above referenced group and was posted in accordance with all applicable laws related Open Meetings Law. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information. No action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals. For additional information or to request this service, contact the Village Hall at (608) 798-3241 or bobbi@cross-plains.wi.us. PUBLIC COMMENT INSTRUCTIONS WRITTEN: Send written comments by 12:00 p.m. on the Friday before the date of the meeting on any matter, either on or not on the agenda to be included in the meeting packet, by emailing bobbi@cross-plains.wi.us or in writing to Village Board, 2417 Brewery Rd., Cross Plains, WI 53528. All written comments received after 12:00pm on Friday will be distributed at the meeting. IN-PERSON: Public comment forms are available at the Board Room entrance. Please fill out and hand to staff prior to start of meeting. Comments are limited to three- minutes per person and must be delivered at the designated microphone for recording purposes. Accommodations can be provided for those unable to access the microphone. VIRTUAL: When public comments are allowed, attendees on Zoom wishing to participate should click “raise hand” if on video or press *9 if on phone call. Attendees will be called on in the order in which hands are raised. Those wishing to provide oral comments remo tely must have their full name displayed within the Zoom application and must state address of residence. *As permitted by the Wisconsin open meetings law and while not required, the Village Board has chosen to allow public comments during their meetings. This is specifically listed on the agenda as PUBLIC COMMENT. The Village Board may not engage in discussio n or take action during this period but may consider deferring the subject to a later meeting with notice. State statute and/or Village Code require the Village Board to hold PUBLIC HEARINGS on certain specified matters where the public can comment. The me eting chairperson will identify rules for providing comments. Other items on the agenda which are not listed for public hearing do not require the Board to allow public comment, however the meeting chairperson can at their own discretion allow limited publ ic comments. Village of Cross Plains Board of Trustee Meeting Regular Meeting Notice and Agenda Village Hall 2417 Brewery Road Cross Plains, WI 53528 (608) 798-3241 October 12, 2026 6:00 pm The Village of Cross Plains will provide opportunities for the public to monitor the meeting virtually or by calling in. Please take note that the meeting will continue even if technical problems occur. The log in information is as follows: Zoom Virtual Meeting Link: https://us02web.zoom.us/j/88215999241 Conference telephone line: +1 312 626 6799 Meeting ID: 882 1599 9241 I. Call to Order II. Roll Call III. Pledge of Allegiance IV. Public Comment - This is an opportunity for anyone to address the Village Board on any issue. Please observe the time limit of 3 minutes. While the Village Board encourages input from residents, it may not discuss or act on any issue that is not duly noticed on the agenda. Please see the Public Comment instructions at the end of this agenda. V. Consent Agenda – Upon request of any Trustee, any i tem may be removed from the Consent Agenda for separate consideration under General Business. 1. Approve Minutes of Regular Village Board Meeting Held on September 28, 2026. P. 5-8 2. Approve Total Disbursements from 9/24/26 through 10/8/26 in the amount of $130,023.45 as follows: P. 9 • 110 – General Fund $76,081.65 • 120 – Capital Fund $5,126.50 • 130 – Library Fund $10,590.35 • 150 – Debt Service Fund $0.00 • 200 – Library Endowment Fund $244.76 • 310 – TID $50.40 1 • 660 – Water Utility $29,409.81 • 670 – Sewer Utility $8,519.98 3. Approval of Interim Village Administrator Memorandum of Understanding. P. 10-11 4. Approve Sewer Adjustment Request – 1776 Woodford Rd. P. 12-13 VI. Report of Village Officers 1. Village President 2. Village Vice President 3. Other Trustee Reports 4. Village Administrator A. Update on Abandoned Madison Gas and Electric (MG&E) Poles on Baer Street 5. Village Department Heads/Other Reports A. Village Hall and Police Department Janitorial Services RFP VII. General Business 1. Guest Speaker – Shelby Acker, Cross Plains Area Chamber of Commerce. 2. Zuern Building Products, 1918 and 1923 Market Street P. 14-15 a. Discussion and Possible Action Regarding a General Development Plan for the Proposed Redevelopment. b. Discussion and Possible Action Regarding a Specific Implementation Plan for the Proposed Redevelopment. 3. Discussion and Possible Action Regarding a Resolution Accepting Certain Public Improvements Serving Lots 1–31 and 44–126 of Marchstone Phase I. P. 16-20 4. Discussion and Possible Action Regarding Pay Application for the Water Booster Line under Marchstone Boulevard from the Booster Station to the Marchstone Water Reservoir. P. 21-30 5. Discussion and Possible Action Regarding Approval of the Johnson Block Engagement Letter for the 2027 Test Year Water Utility Rate Case. P. 31-34 2 6. Discussion and Possible Action Regarding a Memorandum of Understanding with Cross Plains Babe Ruth Baseball Organization for Batting Cage and Hitting Station Improvements at Baer Park. P. 35-48 7. Discussion and Possible Action Regarding Creation of Section 46.045 – Inspection of Massage Establishments. P. 49-51 8. Discussion and Possible Action Regarding the Village Hall and Police Department. a. Construction Update P. 52-53 b. Financial Update P. 54 c. Payment Application #10 P. 55-61 9. Discussion and Possible Action Regarding the 2027 Draft Operating Base Budget and Supplemental Requests: P. 62-82 a. Operating Base Budget. b. Supplemental Budget Requests. i. Building Inspection P. 71 ii. Clerk/Administration P. 72 iii. Refuse & Garbage Collection P. 73 iv. Aging P. 74-79 v. Water Pumping P. 80 vi. Waste Disposal P. 81 vii. General Building & Plant Expense P. 82 10. Closed Session a. The Village Board will meet in Closed S ession pursuant to 19.85(1)(f) of Wisconsin Statutes, “Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which, if discussed i n public, would be l ikely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations,” to discuss the 2026 Market Rate Assessment Process Conducted by Accurate Assessors. i. Reconvene into Open Session pursuant to 19.85(2) of Wisconsin Statutes. ii. Discussion and Possible Action Regarding the 2026 Market Rate Assessment Process Conducted by Accurate Assessors. P. 83-121 3 VIII. F uture Agenda Items IX . Adjournment This meeting notice constitutes an official meeting of the above referenced group and was posted in accordance with all applicable laws related Open Meetings Law. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information. No action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals. For additional information or to request this service, contact the Village Hall at (608) 798-3241 or bobbi@cross-plains.wi.us. P UBLIC COMMENT INSTRUCTIONS W RITTEN: Send written comments by 12:00 p.m. on the Friday before the date of the meeting on any matter, either on or not on the agenda to be included in the meeting packet, by emailing bobbi@cross-plains.wi.us or in writing to Village Board, 2417 Brewery Rd., Cross Plains, WI 53528. All written comments received after 12:00pm on Friday will be distributed at the meeting. I N-PERSON: Public comment forms are available at the Board Room entrance. Please fill out and hand to staff prior to start of meeting. Comments are limited to three- minutes per person and must be delivered at the designated microphone for recording purposes. Accommodations can be provided for those unable to access the microphone. VIRTUAL: When public comments are allowed, attendees on Zoom wishing to participate should click “raise hand” if on video or press *9 if on phone call. Attendees will be called on in the order in which hands are raised. Those wishing to provide oral comments remo tely must have their full name displayed within the Zoom application and must state address of residence. * As permitted by the Wisconsin open meetings law and while not required, the Village Board has chosen to allow public comments during their meetings. This is specifically listed on the agenda as PUBLIC COMMENT. The Village Board may not engage in discussion or take action during this period but may consider deferring the subject to a later meeting with notice. State statute and/or Village Code require the Village Board to hold PUBLIC HEARINGS on certain specified matters where the public can comment. The me eting chairperson will identify rules for providin g c omments. Other items on the agenda which are not listed for public hearing do not require the Board to allow public comment, however the meeting chairperson can at their own discretion allow limited publ ic comments. 4 Village of Cross Plains Board of Trustee Meeting Regular Meeting Minutes V illage Hall 2417 Brewery Rd Cross Plains, WI 53528 (608) 798-3241 Monday, September 28, 2026 6:00 pm The video link to this meeting can be found at: https://www.youtube.com/watch?v=M2BIOLbxsfI I. Ca ll to Order President Lengfeld called the Village Board meeting to order at 6:00 PM. I I. Roll Call Present: Trustees Jed Henry, Bill Brosius, Sarah Borchardt, Cameron Bjorklund, Michael Pomykalski (attended virtually), Judy Ketelboeter and President Jay Lengfeld. A bsent: None. A lso Present: Village Administrator Carly Persson, Village Clerk Bobbi Zauner, Library Director Elizabeth Clauss, Public Facilities Director Matt Couey, Parks and Recreation Director Kane Browskowski, Chief of Police Tony Ruesga, Evan Chambers of Town and Country Engineering, Dan a M onogue and Bob Green. P resent via teleconference and/or web meeting: Joe Pertzborn, Kelly Powell, Becky Ward, and Kevin M urphy. III. Pledge of Allegiance I V. Public Comment – None. V. C onsent Agenda 1. A pprove Minutes of Regular Village Board Meeting Held on September 14, 2026. 2. App rove Total Disbursements from 9/4/26 through 9/23/26 in the amount of $ 931,219.47 as f ollows: • 11 0 – General Fund: $97,208.49 • 120 – Capital Fund: $817,083.11 • 130 – Library Fund: $2,833.05 • 150 – Debt Service - $5,329.75 • 200 – Library Endowment Fund: $74 1.03 • 310 – TID Fund: $0.00 • 660 – Water Fund: $13,157.08 5 • 670 – Sewer Fund: $21,181.12 3. A pprove 2027 Dane County Library Tax Exemption Resolution. 4. A pprove Sewer Adjustment Request – 1851 Cornerstone Dr. F ollowing discussion, a motion was made by Borchardt, seconded by Brosius, and unanimously carried by the Village Board to approve the Consent Agenda as presented. VI . Report of Village Officers 1. V illage President A. President Lengfeld announced that a lot of big decisions needed to be made and encouraged good discussion on the topics. 2. V illage Vice President A. Vice President Ketelboeter recognized the following employee work anniversaries: i. Carly Persson – 2 years on 9/4 ii. Erin Lambert – 2 years on 9/5 iii. Renee Bratton – 38 years on 9/6 3. O ther Trustee Reports – None. 4. V illage Administrator A. Persson reported that road and utility work on Thinnes Street will begin the week of October 5. B. Persson provided an update on the attorney recruitment process. The Village received 4 proposals to review. 5. Vi llage Department Heads/Other Reports A. Chief of Police Tony Ruesga reported that Officer Reece Lehman has passed the first phase of the academy and is doing well. Ruesga also reported that the department completed a training exercise in conjunction with Fire and EMS. B. Public Facilities Director Matt Couey provided an update on the County Highway KP path and road reconstruction. V II. General Business 1. G uest Speakers – Dana Monogue and Jerrud Rossing, Middleton-Cross Plains Area School District. Dana Monogue, Superintendent of the Middleton -Cross Plains Area School District, presented information and answered questions on the upcoming operational referendum. 2. D iscussion and Possible Action Regarding Approval of the 2027 Agreement between the Village of Cross Plains and the Wisconsin Professional Police Association. Following an overview by Persson and discussion, a motion was made by Henry and seconded by Bjorklund to approve the 2027 Agreement between the Village of Cross Plains and the Wisconsin Professional Police Association. 6 A secondary motion was made by Lengfeld and seconded by Brosius to replace “Wisconsin Professional Police Association” with “Cross Plains Professional Police Association” in the original motion. A voice vote was called. Motion carried, 7-0. A voice vote was called on the original motion with the approved amendment. Motion carried, 7-0. 3. D iscussion and Possible Action Regarding a Approval of the Johnson Block Engagement Letter for the 2027 Test Year Water Utility Rate Case. Following an overview by Finance Director Bobbi Zauner and discussion , a motion was made by Brosius, seconded by Ketelboeter, and unanimously carried by the Village Board to postpone this item to a future meeting when more information is known. 4. D iscussion and Possible Action Regarding Wastewater Treatment Plant Facility Plan and Sampling Requirement Required by the DNR. Evan Chambers of Town & Country Engineering presented the Wastewater Treatment Plant Facility Plan. Following discussion, a motion was made by Borchardt and seconded by Ketelboeter to approve $25,000 for equipment to meet the DO (Dissolved Oxygen) and pH (Potential of Hydrogen) sampling requirements. Following further discussion, a voice vote was called. Motion carried, 7-0 . 5. D iscussion and Possible Action Regarding 2027 Wage and Benefits Budget and Supplemental Requests. Following discussion, no action was taken. 6. Di stribution of the 2027 Draft Operating Base Budget and Supplemental Requests. The 2027 draft operating base budget and supplemental requests were included in the packet and will be discussed at the next meeting. V III. Closed Session 1. The Village Board will meet in Closed Session pursuant to 19.85(1)(c) of Wisconsin Statutes, “Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility,” to discuss the terms of employment for an Interim Village Administrator/Economic Development Director. A motion was made by Borchardt and seconded by Brosius to meet in Closed Session pursuant to 19.85(1)(c) of Wisconsin Statutes, “Considering employment, promotion, compensation or performance evaluation data of any public employee over which the government al body has jurisdiction or exercises responsibility,” to discuss the terms of employment for an Interim Village Administrator/Economic Development Director. A roll call vote was requested. YES – Ketelboeter, Henry, Pomykalski, Bjorklund, Brosius, Borchardt, and Lengfeld. NO – None. Motion carried, 7-0. A . Reconvene in Open Session pursuant to 19.85(2) of Wisconsin Statutes. A motion was made by Ketelboeter, seconded by Borchardt, and unanimously carried by the Village Board to reconvene into Open Session pursuant to 19.85(2) of Wisconsin Statutes. B . Discussion and Possible Action to Accept the Resignation of Village Administrator/Economic Development Director Carly Persson. A motion was made by Ketelboeter, seconded by Borchardt, and unanimously carried by the Village Board to accept the resignation of Village Administrator/Economic Development Director Carly Persson as of October 16, 2026. 7 C. Discussion and Possible Action Regarding the Appointment and Terms of Employment of an Interim Village Administrator/Economic Development Director and the Recruitment Process for a Permanent Village Administrator/Economic Development Director. A motion was made by Brosius, seconded by Henry, and unanimously carried by the Village Board to appoint Tony Ruesga as interim Village Administrator/Economic Development Director through the pay period following the hire of the new administrator, or January 31, whichever comes first. A motion was made by Ketelboeter, seconded by Brosius, and unanimously carried by the Village Board to post the Administrator/Economic Development Director position with the updated job description. A motion was made by Ketelboeter and seconded by Brosius to approve a hiring salary range of $90,000 - $100,000. A roll call vote was requested. YES – Borchardt, Brosius, Pomykalski, Ketelboeter, and Lengfeld. NO – Henry and Bjorklund. Motion carried, 5-2. I X. Future Agenda Items – None. X . Adjournment A motion was made by Borchardt, seconded by Brosius, and unanimously carried by the Village Board to adjourn. The meeting ended at 8:59 p.m. Proper notice of this meeting was given to the public and posted on the public bulletin boards in accordance with the Open Meeting Law. R espectfully submitted, ___ _________________________ Bobbi Zauner Finance Director/Clerk 8 Village of Cross Plains Finance Department M emorandum To: Village of Cross Plains Trustees From: Bobbi Zauner, Village of Cross Plains Finance Director Date: October 8, 2026 Re: Check Disbursements, 9/24/26 – 10/8/26 T o view the check disbursements for the period of September 24 – October 8, 2026, please click on the link below: h ttps://www.cross-plains.wi.us/DocumentCenter/View/2777/Check-register-92426-10826 9 VILLAGE OF CROSS PLAINS INTERIM VILLAGE ADMINISTRATOR MEMORANDUM OF UNDERSTANDING WHEREAS, the appointed position of Village Administrator will be vacant as of the close of business on Friday, October 16; and WHEREAS, the Village Board believes it is in the best interest of the Village to appoint a qualified person to act as Interim Administrator until such time as a new Village Administrator is hired and begins employment with the Village. NOW, THEREFORE, the Village Board of the Village of Cross Plains does hereby resolve as follows: 1. Antonio J. Ruesga Jr. be appointed as Interim Administrator for the Village of Cross Plains effective close of business on Friday, October 16, 2026. Mr. Ruesga shall serve in this capacity through the pay period following the hire of the new Administrator, or January 31, 2027, whichever comes first. 2. In addition to his duties as Interim Village Administrator, Mr. Ruesga shall also continue in his role as Chief of Police. 3. During his term as Interim Administrator, Mr. Ruesga will receive a $650 per week increase in pay. This increase shall first be paid on the November 6, 2026 payroll date. 4. The compensation set forth in this Memorandum of Understanding shall be subject to withholding for income and employment taxes as otherwise required by law. 5. Ms. Ruesga’s job duties as Interim Village Administrator is to maintain day to day Village services and complete Village projects as outlined in the Village Administrator job description. These duties include answering resident’s inquiries and leading the Village Management team. 10 This Memorandum of Understanding was approved by the Village Board duly called and held on October 12, 2026. _______________________ Bobbi Zauner, Village Clerk _________________________ Jay Lengfeld, Village President 11 12 13 St aff/Department: Carly Persson, Village Administrator Subject Matter: Zuern Building Products, 1918 and 1923 Market Street Planned Development – GDP and SIP Meeting Date: October 12, 2026 – Village Board Meeting Referral History: August 3, 2026 & October 5, 2026 – Plan Commission Meeting E xecutive Summary: Project Background: S ubmittal Materials: Co de/Policy Review: Fiscal Impact: Zuern Building Products & Design Center is requesting approval of a General Development Plan (GDP) and Specific Implementation Plan (SIP) for redevelopment at 1918 and 1923 Market Street. On October 5, 2026, the Plan Commission recommended approval subject to the findings of fact and conditions of approval in Village Planner Sonja Kruesel’s memo, along with the lighting changes noted below. Both properties are zoned Light Industrial. The Planned Development would allow flexibility for setbacks, accessory building heights, landscaping, parking, and accessory building separation, as outlined in Sonja’s October 5 memo. Any required floodplain approvals must be obtained separately. T he Plan Commission also recommended a maximum height of 16 feet for both building and pole lighting and a color temperature of 3000K for all exterior lighting. The redevelopment includes three phases: a two-story showroom and office addition at 1923 Market Street; demolition of three existing buildings and construction of a new warehouse at 1918 Market Street; and replacement of an existing building with two covered storage structures at 1923 Market Street. The plans also include parking, access, and landscaping improvements. The redevelopment is privately funded. All outstanding Village fees must be paid before building permits are issued. To view Sonja’s Memo and Zuern’s GDP and SIP Submittal, please click on the link below: https://www.cross-plains.wi.us/1538/Zuern-Planned-Development---1923-1918-Ma 14 Recommendation: Approve the GDP and SIP for Zuern Building Products & Design Center at 1918 and 1923 Market Street, subject to the findings of fact and conditions of approval in Sonja Kruesel’s October 5, 2026 memo and the additional lighting conditions recommended by the Plan Commission: both building and pole lighting shall not exceed 16 feet in height, and all exterior lighting shall have a color temperature of 3000K. 15 2 F rom: Carly Persson <cpersson@cross-plains.wi.us> Sent: Tuesday, September 29, 2026 12:11 PM To: Jeff Haen <Jeff@haenrealestate.com>; Bobbi Zauner <bobbi@cross-plains.wi.us>; Brian Berquist <brian@tcengineers.net>; Matt Couey <mcouey@cross-plains.wi.us> Cc: Jay Lengfeld <jlengfeld@cross-plains.wi.us>; Kyle Haen <Kyle@haenrealestate.com>; adam.watkins@wyserengineering.com; whuston@rghuston.com; Paul A. Johnson <pjohnson@boardmanclark.com>; rprocter@axley.com Subject: RE: Village Acceptance Hi Jeff, Thank you. We’ll treat this email as your request for acceptance of the Phase I public improvements, excluding those associated with lots 32–43. With the curb, restoraƟon work, and lot corner elevaƟons expected to be completed this week, it may make sense for Brian to inspect the improvements early next week. Please let us know when that work is complete so he can coordinate the inspecƟon. We’ll conƟnue working toward the October 12 Board meeƟng, provided Brian’s review and recommendaƟon can be completed in Ɵme. Thanks, Carly Carly Persson Village Administrator and Economic Development Director Village of Cross Plains 608-798-3241 x105 From: Jeff Haen <Jeff@haenrealestate.com> Sent: Monday, September 28, 2026 4:25 PM To: Carly Persson <cpersson@cross-plains.wi.us>; Bobbi Zauner <bobbi@cross-plains.wi.us>; Brian Berquist <brian@tcengineers.net>; Matt Couey <mcouey@cross-plains.wi.us> Cc: Jay Lengfeld <jlengfeld@cross-plains.wi.us>; Kyle Haen <Kyle@haenrealestate.com>; adam.watkins@wyserengineering.com; whuston@rghuston.com; Paul A. Johnson <pjohnson@boardmanclark.com>; rprocter@axley.com; Jeff Haen <Jeff@haenrealestate.com> Subject: RE: Village Acceptance Carly we would like Village approval for all improvements for phase I of Marchstone excluding lots 32-43. It is our plan to have a curb poured tomorrow and have all seed, mulch and matting done by the end of the week. It is also our plan to have lot elevations completed by the end of the week. Please let us know what if anything additional you need from us. Thank you. JeƯ 16 6 264 Nesbitt Road ∙ Madison, Wisconsin 53719 ∙ (608) 273-3350 ∙ www.tcengineers.net Ma dison  Rhinelander  Kenosha October 8, 2026 Mr . Jeff Haen Via email Subject: Recommendation of Acceptance of Public Infrastructure – Marchstone Subdivision Dear Jeff: The Village has received a request from you as the developer of the referenced subdivision for acceptance of the infrastructure. Much of the public infrastructure has been completed and tested, but there are a number of items outlined in the attached list that will be presented at the October 12, 2026 Village Board meeting for them to consider Village acceptance. Once the Board accepts the infrastructure, the one-year guarantee period will commence, and the letter of credit can be reduced commensurately. If you have any questions with respect to this matter, please feel free to contact me. Very truly yours, TOWN & COUNTRY ENGINEERING, INC. Brian R. Berquist, P.E. President Attachement: Punch List / Incomplete Items cc: Ms. Carly Persson, Village of Cross Plains (via email) Mr. Matt Couey, Village of Cross Plains (via email) Ms. Sonja Kruesel, Vandewalle Associates (via email) Mr. Paul Johnson, Boardman & Clark LLP (via email) Mr. Jamie Zajicek, Horizon Investments (via email) BRB:brb J:\JOB#S\Cross Plains\CP-163-M6 Plastic Ingenuity Development Review\1. Admin and PM\Acceptance Request Letter October 2026.docx 17 Village of Cross Plains Marchstone Development Incomplete/Punch List Items 10/8/2026 Grading Areas near Dry Basin #6 very steep and not complete Many areas disturbed by dry utility installation need restoration Several areas of standing water in localized depressions STA 211+00 Lindale STA 216+00 Lindale, right and left STA 215+50 Lindale, left (this area needs to conintuously drain to northwest) Sanitary Sewer Thinnes Street laterals not complete Grade around MH 4 to bury casting frame Leaking chimney at MH 11 Debris cleaning needed inside MH 1 MH 2 MH 4 MH 16 MH 21 MH 33 MH 34 Ex MH at tie-in on Evergreen Apparent leaks in barrels MH 18 MH 29 MH 40 Page 1 of 3 18 Village of Cross Plains Marchstone Development Incomplete/Punch List Items 10/8/2026 Water Main Thinnes Street laterals not complete Main at north end of Marchstone Blvd not complete Raise valve boxes Lot 27 Lot 91 Lot 2 (in boulveard) Lot 113 Lot 89 Lot 9 (north side of Shady St) Exercise valves at north and south sides of Evergreen/Lindale intersection (could not turn) Lighting Street lighting has not arrived (ordered by Village), nor installed (by developer) Streets/Sidewalks Asphalt wedging along guttter is missing in almost all areas Thinnes Street reconstruction is not complete Rectangular Rapid Flashing Beacon signage not installed Several street sign posts installed too high Grass areas may need mowing this fall Dry utility installation has removed binder in several areas for ULOs. These must be replaced with minimum 6-foot dimension patching. Marred asphalt path near STA 56+00, STA 59+00, 69+50, 71+50 on Marchstone Many areas of damaged concrete curb, sidewalk, boulevard nose as painted in field. Communal mailboxes have not been installed. Several areas of gaps in asphalt binder where curb was hand formed. Ponding in gutter at SEx of Lindale/Marchstone Reconfigure path ramp at SEx of Lindale/Marchstone to allow snow plow access on/off path here Page 2 of 3 19 Village of Cross Plains Marchstone Development Incomplete/Punch List Items 10/8/2026 Stormwater Management Dry Basin #6 not complete All bridges require initial inspections to be completed Joint repair needed in pipe between Inlet 80 - Inlet 81 Inlet 80 - Inlet 87 (may need liner due to small diameter) Manhole repairs needed MH 15 (cracked top section) MH 8 (pipe not completely mortared) MH 30 (pipe not completely mortared) MH 33 (pipe not completely mortared) MH 35 (pipe not completely mortared) Survey Monuments Partially installed, but not complete Page 3 of 3 20 St aff/Department: Carly Persson, Village Administrator Subject Matter: Marchstone Water Booster Line Pay Application #1 Meeting Date: October 12, 2026 Referral History: N/A E xecutive Summary: Project Background: Fiscal Impact: Rec ommendation: Appendices: Staff recommends the Village Board approve Pay Application #1 totaling $203,205 to R.G. Huston Co., Inc., with the Village responsible for 43% ($87,378.15) and Marchstone responsible for 57% ($115,826.85), in accordance with the Water Infrastructure Improvements Agreement. R.G. Huston Co., Inc. has submitted Pay Application #1 for construction of the 12-inch water booster line under Marchstone Boulevard from the booster station to the Marchstone water reservoir. The application covers work through September 30, 2026, and lists the work as 100% complete. The pay application lists a total completed value of $203,205. Based on the agreement’s cost allocation, the Village’s share of that amount is $87,378.15, and Marchstone’s share is $115,826.85. The current payment amount is subject to confirmation of any retainage. S ee attached Pay Application #1 and Water Infrastructure Improvements Agreement. The Village and Marchstone, LLC entered into a Water Infrastructure Improvements Agreement effective May 11, 2026. The agreement covers water infrastructure needed to serve Marchstone and future growth within the Village, including the reservoir and related booster facilities. U nder the agreement, the Village is responsible for 43% of eligible project costs, and Marchstone is responsible for 57%. 1. Pay Application #1 2. Water Infrastructure Improvements Agreement 21 22 23 24 25 26 27 28 29 30 September 23, 202 6 Village of Cross Plains Water Utility Cross Plains, Wisconsin You have requested that we perform a compilation engagement of the financial forecast of the Village of Cross Plains Water Utility, which comprise the financ ial schedules as of December 31, 2027, and for the year then ending, and the related summaries of significant assumptions, in the form prescribed and required by the Wisconsin Public Service Commission. We are pleased to confirm our acceptance and our understanding of this engagement by means of this letter. A financial forecast presents, to the best of management’s knowledge and belief, the Village of Cross Plains Water Utility’s expected financial posit ion, results of operations for the forecast period. It is based on management’s assumptions, reflecting conditions it expects to exist and the course of action it expects to take during the forecast period. Our Responsibilities The objective of our engagement is to apply accounting and financial reporting expertise to assist you in the presentation of a financial forecast without undert aking to obtain or provide any assurance that there are no material modifications that should be made to the financial forecast in order for it to be in accordance with guidelines for presentation of a forecast established by the American institute of Certified Public Accountants (AICPA). We will conduct our compilation engagement in accordance with Statements on Standards for Accounting and Review Services (SSARSs) promulgated by th e Accounting and Review Services Committee of the AICPA and comply with the AICPA’s Code of Professional Conduct, including the ethical principles of integrity, objectivity, professional competence, and due care. We are not required to, and will not, verify the accuracy or completeness of the information you will provide to us for the engagement or otherwise gather ev idence for the purpose of expressing an opinion or a conclusion. Accordingly, we will not express an opini on or a conclusion nor provide any assurance on the financial forecast. Our engagement cannot be relied upon to identify or di sclose any misstatements in the financial forecast, including those caused by fraud or error, or to identify or disclose any wrongdoing within the entity or noncompliance with laws and regulations. 31 Village of Cross Plains Water Utility Page 2 Your Responsibilities The engagement to be performed is conducted on the basis that you acknowledge and understand that our role is to assist you in the presentation of a financial forecast in accordance with guidelines for presentation of a forecast established by the AICPA. You have the following overall responsibilities that are fundamental to our undertaking the engagement in accordance with SSARSs: a. The selection of accounting principles to be applied in the preparation of the financial forecast. b. The preparation and fair presentation of the fina ncial forecast in a ccordance with guidelines for presentation of a forecast established by the AICPA and the inclusion of all informative disclosures that are appropriate for forecasts under those guidelines. c. Development of assumptions that reflect your pl ans and expectations regarding events and circumst ances for the forecast period. d. The design, implem entation, and maintenance of inte rnal control relevant to the preparation and presentation of the financial forecast th at is free from material misstatement, whether due to fraud or error. e. The preventio n and detection of fraud. f. To ensure that the entity complies with the laws and regulations applicable to its activities. g. The accura cy and completeness of the records, documents, explanations, and other information, including significant judgments, you pr ovide to us for the engagement. h. To provide us with: i. Access to all information of which you are awar e is relevant to the preparation and fair presentation of the financial forecast, su ch as records, documentation, and other matters. ii. Additional in formation that we may request from you for the purpose of the compilation engagement. iii. Unrestricted access to persons w ithin the entity of whom we determine it necessary to make inquiries. Our R eport As part of our engagement, we will issue a report that will state that we did not examine or review the financial forecast and that, accordingly, we do not express an opinion, a conclusion, nor provide any assurance on it. It will also state (1) that the forecasted results may not be achieved and (2) that we assume no responsibility to update the report for events and circumstances occurring after the date of the report. Circumstances may arise in which it is necessary fo r us to modify our repor t or withdraw from the engagement. You agree to include our accountant’s compilation repor t in any document containing financial forecast that indicates that we have performed a compilation engagement on the financial forecast and, prior to inclusion of the report, to ask our permission to do so. 32 Village of Cross Plains Water Utility Page 3 Other Relevant Information If, for any reason, we are unable to complete the compilation of your financial forecast, we will not issue a report on such forecast as a result of this engagement. Brett Hofmeister, CPA is the engagement partner for the services specified in this letter. The engagement partner’s responsibilities include supervising Johnson Block & Company, Inc.’s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the accountant’s report. With regard to the electronic dissemination of financial statements, including financial statements published electronically on your Internet website, you understa nd that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Our fee for these services will be billed at our regular hourly rates and will be based upon the number of hours required by the staff assigned to complete the enga gement. We estimate our fee to be a range of $8,500 to $10,500. This fee range includes comp iling the information through submission of the application. However, if we encounter unexpected circumstances that require us to devote more staff time to the engagement than anticipated, we will discuss the matter with you. Any time devoted to responding to data requests afte r the application has been submitted or attending the hearing or representing the Utility before the Wisconsin Public Service Commission will also be billed at our regular hourly rates and is outside of the fee provided above. You agree to release, indemnify, defend, and hold us harmless from any liab ility or costs, including attorney’s fees, resulting from management’s knowing misrepresentations to us or resulting from any actions against us by third parties relying on the fi nancial forecast described herein except for our own intentional wrongdoing. We look forward to a continued rela tionship with your organization, a nd we are available to discuss the contents of this letter or other professional services you may desire. If you request us to perform additional services not contemplated or described in this engagement letter, we will provide you with a separate agreement describing those additional services and fees. 33 Village of Cross Plains Water Utility Page 4 Please sign and return this letter to indicate yo ur acknowledgement of, and agreement with, the arrangements to perform a compilation engagement with respect to the financial forecast, and our respective responsibilities. Respectfully, Johnson Block & Company, Inc. RESPONSE: This letter correctly sets forth our understanding of the Village of Cross Plains Water Utility. Acknowledged and agreed on behalf of the Village of Cross Plains Water Utility by: S i g n a t u r e : T i t l e : D a t e : 34 Staff/Department: Kane Browskowski – Parks & Recreation Department Subject Matter: Baer Park Improvements – Batting Cages & Hitting Stations Meeting Date: 10/12/2026 Referral History: PRC Committee Meeting 9/21/2026 E xecutive Summary: Project Background: C ode/Policy Review: F iscal Impact: The Cross Plains Babe Ruth Baseball Organization approached the Village about upgrading the Batting Cages & Hitting Stations in Baer Park. This project would be 100% funded and installed by the Cross Plains Babe Ruth Baseball Organization. It would ultimately be an improvement from a safety, usability, and maintenance standpoint. This project aligns with the Village Donation Policy. The Village and Cross Plains Babe Ruth Baseball Organization have reviewed an updated Memorandum of Understanding (MOU) regarding the project’s demolition, installation, and funding. The MOU also outlines future maintenance that the Cross Plains Babe Ruth Baseball Organization would need to attend to regarding the project. T here is little change to the current batting cages and hitting station footprint. The group is hoping to add an additional three or four hitting stations on the outside of the batting cages. T he work being completed would require no building permits. The Cross Plains Babe Ruth Baseball Organization has been saving funds over the years to complete this project. Currently, there are two batting cages and one defined hitting station. As they stand today, they have created many unsafe conditions with baseballs bouncing off the metal poles and causing injuries to both the hitter and pitcher in the batting cages. Adding yellow pool noodles has helped some, but conditions still arise that are unsafe. The Cross Plains Babe Ruth Baseball Organization is willing to fund 100% of the project from purchase of equipment to demo/install of the batting cages and hitting stations. T hey would be responsible for future maintenance and repairs of the batting cages and hitting stations. 35 R ecommendation: The Parks & Recreation Director and the Parks, Recreation, Conservancy Committee is supportive of accepting this donation of batting cages and hitting stations from the Cross Plains Babe Ruth Baseball Organization as a needed improvement ot Baer Park. T he Memorandum of Understanding (MOU) will need to be signed before work can begin as it outlines that the Cross Plains Babe Ruth Baseball Organization will be completing and funding 100% of the project. Additionally, it outlines that if future repairs or maintenance are needed, the Cross Plains Babe Ruth Baseball Organization will be responsible for the work. 36 16'-0" TUFFframe ELITE OUTDOOR 70' or 55' BATTING CAGE - SINGLE PARTS LIST AND IDENTIFICATION PS-1 TM 6 QTY DESCRIPTION Upright Post PARTS LIST 6 Post Top Cap 3 3 Tension End Cable Assembly - winch, winch mount, fixed-eye pulley, steel cable, quick links 1 Ground Cable Kit - (See Attached Dwg Pkg.) A SHEET ID B C D - E 1 Premium Cage Net 55' L x 14' W x 12' H or 70' L x 14' W x 12' H -6 Ground Sleeves & Caps (Optional) G 3 A Upright Post B Post Top Cap Anchor End Cable Assembly - chain, fuse link(s), fixed-eye pulley, steel cable, quick links 3 F Brace Band Cable Anchor Bracket with cross-bolt C Tension End Cable Assembly D Anchor End Cable Assembly E Cable Anchor Bracket F Brace Band G Ground Cable Kit NOT ALL ITEMS SHOWN © Copyright 2014 Beacon Athletics, Division of Rainbow Group, LLC.DRAWING TITLE: PROJECT NAME: phone: 1-800-747-5985 www.BeaconAthletics.comPROJECT LOCATION: CUSTOMER NAME: DRAWING NO: DATE: SCALE: DRAWN BY: REVISION # DATE BY PROJECT NO: REV1 06/14/15 TMB SEE DWG 06/20/2014 JP 37 76'-0" FOR A 70' CAGE 61'-0" FOR A 55' CAGE 7'-6"7'-6" 3'-0" CornerPost CenterPost CornerPost CornerPost CenterPost CornerPost3'-6"6"-8" CONCRETE CRUSHED AGGREGATE 16"-18" DIA. STANDARD DIRECT-BURY INSTALLATION UPRIGHT POST 2" DRILL 1/4" DIA. WEEP HOLE AT BASE OF POST 2" ABOVE GRADE 4'-0"6"-8" CONCRETE CRUSHED AGGREGATE 3'-6" STOP BOLT GROUND SLEEVE UPRIGHT POST OPTIONAL GROUND SLEEVE INSTALLATION 16"-18" DIA. DIRECT-BURY INSTALLATION: 1. Locate and excavate footings as noted in Details 1 and 2. 2. Fill bottom of each footing with a coarse, compacted crushed aggregat e as s hown in Detail 2. 3. Prior to setting the posts in concrete, drill a 3/8” diameter hole 2” down from the top of each of the posts, centered left-to-right. When setting each post in co ncrete, be sure to position the drilled hole in line with and facing the post at t he opposite end. Loosely secure the top caps on to the posts (t hese will need to be rem oved again later when attaching the eyebolts). 4. Set one Upright Post directly onto aggreg ate in center of each footing and brace appr opriately to hold in place. If the Upright Post has an internal burr on one end, place that end down into the footing. Height of Upright Post above grade should be 12 '-6” as indicated on Details 4 and 5. 5. Fill footings with 3,500 p.s.i. concrete mix and slope top surface away from each Upr ight Post to prevent water from pooling. Allow concrete to cure accordin g t o packaging instructions. 6. Once the concrete has cure d, drill a weep hole on each Upright Post as indicated on Detail 2. GROUND SLEEVE INSTALLATION (OPTIONAL): 1. Locate and excavate footings as noted in Details 1 and 3. 2. Fill bottom of each footing with a co arse, compacted crushed aggregate as s hown in Detail 3. 3. Set one Ground Sleeve directly onto ag gregate in center of each footing (with the stop bolt at the bottom) and brace appropriately to hold in place. 4. Fill footings with 3,500 p.s.i. concrete mix and slope top surface away from each Grou nd Sleeve to prevent water from pooling. Allow concrete to cure according t o packaging instructions. 5. Prior to setting the posts in the sleeves, drill a 3/8” diameter hole 2” down from the top of each of the posts, centered left-to-right. 6. Insert one Upright Post into each Ground Sleeve until it comes to rest on th e st op bolt. When setting each post in the sleeves, be sure to position the drill ed hol e in line with and facing the post at the opposite end. Loosely secure the top caps on to th e posts (these will need to be removed again later when attaching the eye bolts). The height of the Upright Post above grade should be 12'-6” as in dicated on Details 4 and 5. IMPORTANT: IF FREEZING TEMPERATURES OCCUR IN YOUR LOCATION, DO NOT BLOCK BOTTOM OPENING OF UPRIGHT POSTS OR GROUND SLEEVES WITH CONCRETE. DAMAGE MAY OCCUR. TUFFframe ELITE OUTDOOR 70' or 55' BATTING CAGE - SINGLE LAYOUT AND FOOTING DETAIL SD-2 1 PLAN VIEW Scale:1/8"=1'-0" 2 STANDARD FOOTING DETAIL Scale: 3/8"=1'-0" TM 3 OPTIONAL FOOTING DETAIL Scale: 3/8"=1'-0" © Copyright 2014 Beacon Athletics, Division of Rainbow Group, LLC.DRAWING TITLE: PROJECT NAME: phone: 1-800-747-5985 www.BeaconAthletics.comPROJECT LOCATION: CUSTOMER NAME: DRAWING NO: DATE: SCALE: DRAWN BY: REVISION # DATE BY PROJECT NO: REV1 06/14/15 TMB SEE DWG 06/20/2014 JP 38 ANCHOR END 12'-6" TENSION END 1'-6" 6'-0" 5'-6" FIXED EYE PULLEY WINCH TENSION END CABLE ASSEMBLY ANCHOR END CABLE ASSEMBLY FIXED EYE PULLEY BRACE BAND WITH BOLT ANCHOR BRACKET QUICK LINK CHAIN QUICK LINKQUICK LINK EYEBOLT EYEBOLT HARDWARE INSTALLATION: 1. Determine which end of the cage to attach the winches to - this will be referred to as the “Tension-End” (see Details 4 and 5). Position the U-bolt of one winch mount on one Tension-End post approximately 5'-6” above ground level and tighten the bolts to secure it in place. You may adjust vertical position as desired for comfort and ease of use. Be sure the winch is facing and in line with the post at the opposite end. 2. Release enough cable from the winch to allow the pre-installed fixed-eye pulley and eyebolt to reach the top of the post. Remove the top cap and insert the eyebolt into the drilled eyebolt hole. Once the eyebolt has been tightened and secured in place, re-attach the top cap firmly to the top of the post. 3. Release additional cable from the winch so that the finished cable end is easily accessible from ground level. The finished cable end can be attached to the cross-brace on the winch with the quick link provided until the net is attached to prevent it from drawing back up through the pulley. Repeat steps 1-3 for the other Tension-End posts. 4. At the opposite end of the cage, referr ed to as the “Anchor-End”, attach the anchor bracket to the Anchor-End post approximately 1'-6” off the ground (see Detail 4). Be sure the cross-bolt on the anchor bracket is facing and in line with the post at the opposite end. Tighten all bolts. 5. Secure the brace bands to the Anchor -End posts approximately 6' off the ground and connect the quick link on the end of the Anchor-End cable assembly chain to the brace band cross-bolt. 6. Attach the eyebolt on the Anchor-End ca ble assembly to the top of the post. Remove the top cap and insert the eyebolt into the drilled eyebolt hole. Once the eyebolt has been tightened and secured in place, re-attach the top cap firmly to the top of the post. 7. The other end of the cable (that will attach to the net) can be temporarily attached to the cross-bolt on the anchor bracket with the quick link prov ided to prevent it from drawing back up through the pulley. Repeat steps 4-7 for the other Anchor-End posts. TUFFframe ELITE OUTDOOR 70' or 55' BATTING CAGE - SINGLE DETAILS SD-3 4 CABLE CONNECTION DETAIL Scale: 3/4"=1'-0" TM © Copyright 2014 Beacon Athletics, Division of Rainbow Group, LLC.DRAWING TITLE: PROJECT NAME: phone: 1-800-747-5985 www.BeaconAthletics.comPROJECT LOCATION: CUSTOMER NAME: DRAWING NO: DATE: SCALE: DRAWN BY: REVISION # DATE BY PROJECT NO: REV1 06/14/15 TMB SEE DWG 06/20/2014 JP This dimension can be adjusted as needed to provide appropriate positioning and tensioning of the cage net. 39 ANCHOR END 12'-6" TENSION END ANCHOR BRACKET & CROSS BOLT QUICK LINK FUSE LINK (ADD'L REPLACEMENT FUSE LINK ATTACHED HERE) CHAIN CAGE NET WINCH QUICK LINK LOCATED IN MIDDLE OF CHAIN NET INSTALLATION: 1. Stretch the net out on the ground inside the cage to orient it correctly wi th the door flap placed in the desired location and the top cables lying on top stretched parallel to one another. The end rings should be available and lying adjacent to the Anchor-End and Tension-End posts. Please Note: Each cage net has one 4' wide entry flap door located on one end. Orient each cage net appropriately so that the door is accessible from the desired side. 2. Starting at a center po st on the Anchor-End (this end of the cage can be hoisted into position by hand since there is not yet any tension on the system), disconnect the quick lin k on the end of the Anchor-End cable assembly from the anchor br acket and connect it to the steel ring at the end of the top center cable on the corresponding cage net. 3. Disconnect the quick link on the end of the chain from the brace band. Pull down on th e chain and hoist the cage so that the steel end ring is positioned about 24” from the top eyebolt and pulley. 4. Re-connect the chain to the cross-bolt on the anchor bracket with the add itional quick link located in the middle of the chain. Adjust the location of the connection to the chain as needed to attain the desired 24” spacing between the end of the cage and the post. 5. Connect the end of the Anchor-End chain section to th e cable loop immedia tely above the fuse link on each of the Anchor-End posts (see Detail 5). The fuse links provide overload protection for the posts. If cable tension is incr eased excessively by over-cranking on the winches or weather conditions, these links will separate to relieve tension and protect the posts. By connec ting the end of the chain to the cable loop immediately above the fu se link on each post, you will prevent the cable ends from drawing all the way back up to the pulleys after the link breaks, thereby making the re-connection much ea sier and quicker (no ladder required). The quick links on either side of the fuse link can be opened and a replacement link can be installed. A replac ement fuse link is already attached to each of these quick links for your co nvenience 6. Repeat steps 1-5 for the other Anchor-End corner posts by attaching to the correspond ing top cables on the cage net. Be sure to maintain a minimum 24 ” sp acing between the cage net and posts to protect against ricochets. For multi-cage units (double-wide, triple-wide, etc.), repeat this process for each indi vidual cage. Please note that adjacent cage nets on multi-cage units will share a connection to the corner post cable assembly at both ends. 7. Move to a center post on the Tension-End. Connect the quick link on the end of the Tension-End cable assembly to the steel ring at the end of the top center cable on the corresponding cage net. Connect the remaining two Tension-End cab le assemblies on the corner posts to the corresponding top cables on the cage net. For multi-cage units (double-wide, triple-wide, etc.), repeat this process for each individual cage. Please note that adjacent cage nets on multi-cage units will share a connection to the corner post cabl e assembly at both ends. 8. Begin winding up the winches on each post until the top cables at the center of the cage rise to a height of not more than about 11 feet off the gr ound. Tens ioning to this height should provide a good balance between interi or sp ace and system tension. When tensioning is complete, the winch handles can be removed if desired to discourage tampering. ***** DO NOT OVER-TENSION THE CABLES ***** NET REMOVAL: 1. Carefully release tension on the winches one by one. You may need to tighten ea ch one an additional quarter-turn to relieve the load on the ratchet me chanism enough to release it completely. Once free, slowly release tension by unwinding the cable until the end of the net is allowed to rest on the ground. Be sure to maintain a firm grip on the handle at all times so as not to cau se injury to yourself or others. 2. Repeat this step for the other Tension-End posts. Once the cage net(s) is/are lowered, disconnect the Tension-End cable assemblies from the top cables on the net(s). 3. Attach and secure the quick links on the ends of each Tension-End cable ass embly to the cross-brace on the winches. Wind up any excess cable securely, but do not apply excessive tension. 4. At the Anchor-End, disconnect both th e quick link on the end of the chain fr om the cable loop immediately above the fuse link as well as the interm ediate quick link from the cross-bolt on the anchor bracket. 5. Re-connect the quick link on the end of the chain to the brace band, thus lowering th e end of the cage to the ground. 6. Repeat this step for the other Anchor-End posts. Once the cage net(s) is/are lower ed completely, disconnect the Anchor-End cable assemblies from the top ca bles on the net. 7. Attach and secure the quick links on the ends of each Anchor-End cable ass embly to the cross-bolt on the anchor brackets. Adjust the position of the connec tion between the chain and brace band as needed to secure any slack in the ca ble assembly. NET STORAGE: 1. When packaging the cage net(s) for stor age, the goal is to avoid tangling the net and cables. Begin by bringing the three support cables running along the top of the cage together. The easiest way to do this is to have one person at each end of the lowered cage. Each person collects the three cable end rings and pulls tension between each other so that the cables run adjacent and para llel to one another. 2. Lay the cables down on the top of the lowered cage and push the sides of the cag e toward the cables until you have a full length pile of net about 2' wide wi th the cables on top. 3. Move your storage container to the middle of the net (a clean 55-gallon garbage c an works well for this). Grab the net at the middle and push it down to the bottom of the container. Keep loading the net in from both sides equally until the entire cage is in the container and the three cable rings from each end of th e cage are left hanging out opposite sides of the container's top opening. 4. To deploy the cage the next time, set the container in the middle of the designated c age area and have two people each take one set of cable rings and pull the net out of the container as they walk toward the support posts at opposite en ds of the cage. TUFFframe ELITE OUTDOOR 70' or 55' BATTING CAGE - SINGLE DETAILS - SD-4 - - TM 5 NET TENSIONING DETAIL Scale: 3/4"=1'-0" © Copyright 2014 Beacon Athletics, Division of Rainbow Group, LLC.DRAWING TITLE: PROJECT NAME: phone: 1-800-747-5985 www.BeaconAthletics.comPROJECT LOCATION: CUSTOMER NAME: DRAWING NO: DATE: SCALE: DRAWN BY: REVISION # DATE BY PROJECT NO: REV1 06/14/15 TMB SEE DWG 06/20/2014 JP 40 NET REMOVAL: 1. Carefully release tension on the winches one by one. You may need to tighten each one an additional quarter-turn to relieve the load on the ratchet me chanism enough to release it completely. Once free, slowly release tension by unwinding the cable until the end of the net is allowed to rest on the ground. Be su re to maintain a firm grip on the handle at all times so as not to ca use injury to yourself or others. 2. Repeat this step for the other Tension-End posts. Once the cage net(s) is/are lowered, disconn ect the Tension-End cable assemblies from the top cables on the net (s). 3. Attach and secure the quick links on the ends of each Tension-End cable asse mbly to the cross-brace on the winches. Wind up any excess cable securel y, but do not apply excessive tension. 4. At the Anchor-End, disconnect both th e quick link on the end of the chain fr om the cable loop immediately above the fuse link as well as the i ntermediate quick link from the cross-bolt on the anchor bracket. 5. Re-connect the quick link on the end of the chain to the brace band, thus lower ing the end of the cage to the ground. 6. Repeat this step for the other Anchor-End posts. Once the cage net(s) is/are lowered completely, disconnect the Anchor-End cable assemblies from the to p ca bles on the net. 7. Attach and secure the quick links on the ends of each Anchor-End cable ass embly to the cross-bolt on the anchor brackets. Adjust the position of the connec tion between the chain and brace band as needed to secure any slack in the ca ble assembly. NET STORAGE: 1. When packaging the cage net(s) for stor age, the goal is to avoid tangling the net and cables. Begin by bringing the three support cables running along th e top of the c age together. The easiest way to do this is to have one person at each end of the lowered cage. Each person collects the three cable end rings and pul ls tension between each other so that the cables run adjacent and para llel to one another. 2. Lay the cables down on the top of the lowered cage and push the sides of the cag e toward the cables until you have a full length pile of net about 2' wide with the ca bles on top. 3. Move your storage container to the middle of the net (a clean 55-gallon ga rbage can works well for this). Grab the net at the middle and push it down to the bottom of the container. Keep loading the net in from both sides equally until the entire cage is in the container and the three cable rings from each end of the cage are left hanging out opposite sides of the container's top openi ng. 4. To deploy the cage the next time, set the container in the middle of the designated cage area and have two people each take one set of cable rings and pul l the net out of the container as they walk toward the support posts at opposi te ends of the cage. TUFFframe ELITE OUTDOOR 70' or 55' BATTING CAGE - SINGLE DETAILS SD-5 TM © Copyright 2014 Beacon Athletics, Division of Rainbow Group, LLC.DRAWING TITLE: PROJECT NAME: phone: 1-800-747-5985 www.BeaconAthletics.comPROJECT LOCATION: CUSTOMER NAME: DRAWING NO: DATE: SCALE: DRAWN BY: REVISION # DATE BY PROJECT NO: REV1 06/14/15 TMB SEE DWG 06/20/2014 JP 41 LENGTH CABLE 55'0" OR 70'0" (BOTH ENDS FINISHED) WIDTH CABLE 13'9" (BOTH ENDS FINISHED) SHORT CABLE 3'0" (BOTH ENDS FINISHED) 1/2" EYE-EYE TURNBUCKLE 24" ADJUSTMENT CHAIN 1/4" WIDE JAW QUICK LINK QTY DESCRIPTION 2 LENGTH GROUND CABLE (55'0" FOR 55' CAGE, 70'0" FOR 70' CAGE) 2 WIDTH GROUND CABLE 13'9" 2 1/2" EYE-EYE TURNBUCKLE 4 SHORT CABLE 2 24" ADJUSTMENT CHAIN 8 1/4" WIDE JAW ZINC PLATED QUICK LINKS 2 8" LONG 120# CABLE TIE PACKS PHONE: 1-800-747-5985 www.BeaconAthletics.com CUSTOMER NAME: PROJECT NAME: PROJECT LOCATION: GC-1 DRAWING TITLE:REVISION # BY DATE BATTING CAGE GROUND CABLE KIT PARTS LIST DRAWN BY: JD DATE: 04/04/2025 SHEET NO: 01 04/04/2025JD 42 A B DETAIL A SHORT CABLE 1/4" QUICK LINK 1/4" QUICK LINK 1/2" TURNBUCKLE WIDTH GROUND CABLE LENGTH GROUND CABLE DETAIL B WIDTH GROUND CABLE LENGTH GROUND CABLE SHORT CABLE 1/4" QUICK LINK 1/4" QUICK LINK ADJUSTMENT CHAIN PHONE: 1-800-747-5985 www.BeaconAthletics.com CUSTOMER NAME: PROJECT NAME: PROJECT LOCATION: GC-2 DRAWING TITLE:REVISION # BY DATE BATTING CAGE GROUND CABLE KIT LAYOUT DRAWN BY: JD DATE: 04/04/2025 SHEET NO: 01 JD 04/04/2025 43 Badger Sporting Goods PO Box 259068 Madison WI 53725 United States Phone: 608-274-1353 Toll-Free: 800-627-6699 www.bsgsports.com Quote #TF-EST568 8/31/2026 TF-EST568 1 of 1 Bill To Ship To TOTAL Park & Rec Village Of Cross Plains & Po Box 97 Cross Plains WI 53528 United States Park & Rec Village Of Cross Plains & Po Box 97 Cross Plains WI 53528 United States $15,999.02 Expires: 12/29/2026 Memo: Aer-Flo Batting Cage Quote Terms Expires PO # Sales Rep Shipping Method Net 30 12/29/2026 Aer-Flo Tyler Fuhrman Qty Item Color Size Order Notes Rate Amount 1 Aer-Flo Sports Elite Batting Cage - Long Double 70' $11,000.00 $11,000.00 10 Aer-Flo Sports Ground Sleeve w/Stop Bolt 6" Up from Bottom $85.00 $850.00 1 Beacon Athletics TF Elite Soft Toss Attachment 70' TFE 70' Soft Toss Hitting Station Kit includes set of 4 soft toss nets, 12' long support posts and connection hardware to integrate with the Tuff- Frame Elite 70' Batting Cage $1,150.00 $1,150.00 2 Aer-Flo Sports Batting Mat Pro Inlaid Plate and Lines Green 12' x 6' $350.00 $700.00 1 Quoted Shipping & Handling $2,299.02 Subtotal $15,999.02 Tax Total $0.00 Total $15,999.02 44 VILLAGE OF CROSS PLAINS RESOLUTION NO. A Resolution authorizing execution of a memorandum of understanding between the Village of Cross Plains and Cross Plains Babe Ruth Baseball Organization concerning the facility update on the batting cages and hitting stations at Baer Park. T he Board of Trustees of the Village of Cross Plains adopts the following Resolution: W HEREAS, the Village of Cross Plains is interested in providing its citizens with a wide variety of recreational activities; and W HEREAS, Cross Plains Babe Ruth Baseball Organization, is an organization willing to replace the batting cages and hitting stations at Baer Park; W HEREAS, Village of Cross Plains and Cross Plains Babe Ruth Baseball Organization, share a mutual interest to add an improvement to Baer Park in the form of an outdoor batting cage system & hitting stations. W HEREAS, Cross Plains Babe Ruth Baseball Organization is willing to contribute 100% of the funding needed to enhance the outdoor batting cage system & hitting stations and is asking for no funding from the Village of Cross Plains; W HEREAS, Cross Plains Babe Ruth Baseball Organization shall provide ongoing maintenance and repairs to the outdoor batting cage system & hitting stations once constructed. N OW, THEREFORE BE IT RESOLVED, that the Village Board of Trustees of the Village of Cross Plains hereby approves the attached Memorandum of Understanding between the Village of Cross Plains and Cross Plains Babe Ruth Baseball Organization and authorizes the Village President and Village Clerk to execute the Memorandum of Understanding. T his resolution shall take effect upon its passage and publication or posting as provided by Law. D ated this __ day of _______, 2026 V illage of Cross Plains: Attest: B y: By: Jay Lengfeld, Village President B obbi Zauner, Finance Director/Clerk 45 M EMORANDUM OF UNDERSTANDING BETWEEN CROSS PLAINS BASEBALL ORGANIZATION AND VILLAGE OF CROSS PLAINS T HIS MEMORANDUM OF UNDERSTANDING (“MOU”) effective this , 2026 (the “Effective Date”) is made and entered into between the Village of Cross Plains, a Wisconsin Municipal Corporation having an address of 2417 Brewery Road, Cross Plains, WI 53528 (the “VILLAGE”), and Cross Plains Babe Ruth Baseball Organization, an organization within the community of Cross Plains, having an address of 7813 County Road K Cross Plains, WI. Introduction VILLAGE and CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION share a mutual interest in planning, creating, constructing, maintaining, and managing updates to the batting cages and hitting stations at Baer Park. (“PARK”). CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION desires to fund these updates to the batting cages and hitting stations as a gift to the VILLAGE. The VILLAGE has identified batting cages and hitting stations as a community facility and community asset. D escription of the Property P ARK is a community space, 13.9- acre park, having an address of 2620 Church Street and located adjacent to Glacier Creek Middle School. P LAN for the update at 2620 Church Street. NO W, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, V ILLAGE and CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION agree as follows: AG REEMENT I. P ermission to assist in planning, design, and construction batting cages and hitting stations at Baer Park. V ILLAGE hereby agrees to work in coordination with CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION to plan, design, and construct upgrades to the batting cages and hitting stations in BAER PARK. These rights are granted only during the time periods listed in this MOU, as set forth Paragraph II below and subject to the remaining terms and conditions. II. Term: Th is MOU shall be in effect for a six (6) month period. After six (6) months, this MOU will auto-renew with the agreed upon terms and conditions between the VILLAGE and CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION, if CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION has complied with all the terms and conditions of this MOU. 46 III. Termination: 1. E ither party may terminate this MOU, by giving notice in writing thereof to the other party at least 30 days prior to the date on which termination is to take effect. At the end of the 30- day period, all terms under this MOU shall be immediately revoked. I V. Obligations of the Village: V ILLAGE shall: 1. Publicly acknowledge CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION’S plan, design, and construction of the BATTING CAGES & HITTING STATIONS in PARK. 2. Serve as the project manager to oversee the planning, design, and construction of batting cages and hitting stations. 3. With sufficient advance notice to the CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION, schedule and facilitate meetings to provide documents necessary to meet project deadlines. 4. Once the project is complete, the batting cages and hitting stations will become property of the VILLAGE. V. O bligations of Cross Plains Baseball Organization Cross Plains Babe Ruth Baseball Organization shall: 1. Pay for 100% of upgrades, including any unknown issues that arise within the project’s parameters. 2. M aintain and repair any of the improvements made to the batting cages and hitting stations. VI . Proposed Project Timeline and Milestones 1. B ased on the information provided for this project, CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION will provide updates regarding construction start date, end date and other pertinent information to complete the project to VILLAGE’S Parks and Recreation Director VII I. Mutual Hold Harmless 1. C ROSS PLAINS BABE RUTH BASEBALL ORGANIZATION agrees to release, indemnify, defend, and hold harmless VILLAGE, their officials, officers, employees and agents from and against all judgments, damages, penalties, losses, costs, claims, expenses, suits, demands, debts, actions and/or causes of action of any type or nature whatsoever, including actual and reasonable attorney's fees, which may be sustained or to which they may be exposed, directly or indirectly, by reason of personal injury, death, property damage, or other liability, resulting from or arising out of the negligent acts or omissions of CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION agents or assigns while carrying out this MOU. IX. G eneral 1. CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION shall not assign, sell, or otherwise transfer or encumber in any manner whatsoever, any of the rights, duties, or obligations under this agreement. Any such transfer or encumbrance shall be null and void. 2. This MOU and Exhibits attached hereto constitute a full and complete understanding of the parties regarding the subject matter thereof. This MOU replaces, supersedes and invalidates all prior agreements by and between the parties herein concerning use of the Property described in this MOU. 47 3. All the terms, conditions and covenants of this MOU shall be binding and shall inure to the benefit of the successors of the parties hereto for which appropriate documentation shall be provided to the other parties. 4. This MOU may be amended only by written amendment duly signed by both parties. 5. This MOU shall be construed in accordance with and governed by the laws of the State of Wisconsin. 6. This MOU may be executed in one or more counterparts, which may be transmitted by facsimile or electronic mail, and each of which will be deemed to be an original copy of this MOU and all of which, when taken together, will be deemed to constitute one and the same agreement. 7. If any provision of this MOU is declared invalid by a court of competent jurisdiction, the remaining provisions of the MOU continue in full force and effect. 8. This MOU in no way restricts the Village from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. 9. The principal contacts for this MOU are: VI LLAGE OF CROSS PLAINS Kane Browskowski Village Park and Rec Director 2417 Brewery Road Cross Plains, WI 53528 kbr owskowski@cross-plains.wi.us CRO SS PLAINS BABE RUTH BASEBALL ORGANIZATION Jim Nonn, President of Cross Plains Babe Ruth Baseball Organization 7813 County Road K Cross Plains, WI 53528 jimnonn@aol.com Either Party may change its address or contact information by providing written notice to the other party. [ SIGNATURES TO FOLLOW] I N WITNESS WHEREOF, VILLAGE and CROSS PLAINS BABE RUTH BASEBALL ORGANIZATION have caused this MOU to be executed in their respective names by their respective duly authorized representatives. _______________________________________ ___________________ J ay Lengfeld, Village President Date ______________________________________ ____________________ B obbi Zauner, Finance Director/Clerk Date _______________________________________ ___________________ J im Nonn, Cross Plains Babe Ruth Baseball Organization President Date 48 St aff/Department: Chief Tony Ruesga Jr. / Cross Plains PD Subject Matter: Inspection of Massage Establishments. Meeting Date: October 12, 2026 Referral History: N/A E xecutive Summary: Project Background: Code/Policy Review: Fiscal Impact: Recommendation: Appendices: The proposed ordinance establishes inspection requirements for massage establishments to help ensure compliance with public health, sanitation, safety, and applicable Village regulations. The ordinance provides clear and consistent standards for establishments while creating a fair and transparent process for inspections and enforcement. T he Public Safety Committee discussed this matter at several meetings and, at its September 15, 2026, meeting, unanimously voted to recommend the ordinance to the Village Board. The ordinance was drafted with the assistance of the Village Attorney. A doption of the ordinance would provide the Village with a consistent framework for conducting inspections, addressing deficiencies, responding to legitimate community concerns, and ensuring that all massage establishments are subject to the same standards. Issues with non-compliance with former massage parlor. Creating of Section 46.045 of the Village Ordinance No cost To have this adopted as soon as possible. Draft Ordinance 49 VILLAGE OF CROSS PLAINS ORDINA NCE NO. ______________ AN ORDI NANCE TO CREATE SECTION 46.045 OF THE VILLAGE OF CROSS PLAINS CODE OF ORDINANCES CONCERNING INSPECTION OF MASSAGE ESTABLISHMENTS The Village Board of the Village of Cross Plains, Dane County, Wisconsin does hereby ordain as follows: 1. Section 46.045, Inspection of Massage Establishments, is created to now read as follows: SECTIO N 46.045 Inspection of Massage Establishments. (a) Purpose of Inspection. For the purpose of enforcing and e nsuring compliance with the provisions of this Chapter 46, and with local safety and sanitary codes, and in order to protect the public health, the following Village officials sha ll have the authority to inspect massage establishments: (1) Chief of Police; (2) Building Inspector; (3) Fire Chief; (4) Zoning Administrator; (5) Health Officer; and (6) A designee of any of the above-listed officials. (b) Inspections. The authorized personnel listed in paragraph (a) above are authorized to enter and inspect the premises of any licensed massage establishment and an inspection may be conducted on an unannounced basis during posted business hours or at any time the massage establishment is open to the public or holding a private function. (c) Scope of Inspection. The inspection may include all areas of the business premises accessible to the public or employees, including reception areas, treatment rooms, corridors and storage areas. The inspection ma y also include a review of all credentials as required by Chapter 46, and proof of state licensure. An inspection shall not be allowed for customer lists or be permitted to interrupt a massage session in progress unless there is a reasonable suspicion of immediate legal or safety violations. (d) Refusal of Entry. Refusal to permit an authorized official immediate entry upon request or demand shall constitute a violation of this ordina nce and 50 subject the massage establishment to any or all of the following remedies available to the Village: (1) Written war ning; (2) F ormal complaint filed by the Police Chief with the Village Clerk requesting suspension (up to 60 days), revocation or non-renewal of the license; (3) A hearing before the Village Board in accordance with the procedures set forth in Wis. Stats. §68.11(2); (4) A declaration that the establishment be declared a public nuisance and abatement procedures then be follo wed; (5) Any of the remedies available pursuant to §46.05 of this Chapter. 2. Severab ility. If any portion of this Ordinance or its application on any person or circumstances is held invalid, the validity of this Ordinance as a whole or any other provision herein or its application shall not be affected. 3. Effective D ate. This Ordinance shall take effect upon publication and posting. Adopted th is ___ day of _____________, 2026. VILLAG E OF CROSS PLAINS By: __________________________ Jay Lengfeld, President By: __________________________ Bobbi Zauner, Clerk 51 St aff/Department: Carly Persson, Village Administrator Subject Matter: New Village Hall & Police Department Update Meeting Date: Village Board – October 12, 2026 E xecutive Summary: Construction began on the New Village Hall & Police Department on November 3, 2025. Each month throughout construction, staff will provide an update memo along with a list of costs incurred. If applicable, staff will provide any change order or pay application requests for Village Board review. Timeline: • 10/6/2025 – Village Board awarded the contract to Brickl Bros., Inc. for construction of the 17,500 SF Village Hall and Police Station, including all site work and alternate bid #1. • 11/3/2025 – Project started, with an estimated completion date of 11/25/26 due to cold delay. • 11/11/2025 – First biweekly O/AE mtg. with Brickl and Wold; meetings continue throughout construction. • 12/1/2025 – Groundbreaking ceremony. • 9/1/2026 – Staff learned the estimated completion date is now closer to 12/24/26. Construction Update: Construction continues to progress, with work focused on interior finishes, mechanical systems, and site improvements. Stone veneer installation is complete around the building, and the main entrance vestibule is fully enclosed. Drywall finishing and ceiling installation are progressing, and the boilers, pumps, and associated piping have been installed. Outside, crews are preparing sidewalks, entrance steps and ramps, and the gazebo area for concrete work. The detention pond installation is complete. P rogress Since Last Construction Update: • 9/11/26 – Drywall installation and above-ceiling insulation work continued. Installation of the cable tray system progressed, along with exterior stone veneer and storefront glazing. • 9/18/26 – Stone veneer installation was completed around the building, and the front entrance vestibule was fully glazed and enclosed. Site grading continued, along with gas piping to rooftop equipment an d r emaining above-ceiling mechanical, electrical, and plumbing work. • 9/25/26 – Drywall finishing progressed, and the cable tray and above-ceiling insulation were completed. The path connection was brought to subgrade, topsoil placement continued, and preparation began for the gazebo concrete pad, parking lot retaining wall, and entrance planter walls, steps, and ramps. • 10/2/26 – Grading continued around the planned sidewalks and gazebo. The detention pond was completed, including bio-engineered soils and buried drain tile. Boilers, pumps, and associated pipin g w ere installed in the mechanical room, and interior drywall ceilings and boxouts continued to take shape. Other Item Updates: • Keying Meeting – Keying plan finalized at O/AE Meeting on 4/28/26 • Cameras/Key Card Access – Village Board awarded the audiovisual contract on 7/27/26 Security bids were rejected, and revised bid documents are being prepared to allow additional qualified manufacturers to bid. Bid opening is anticipated on 8/20/26. • Furniture – Contract awarded to Lerdahl on 3/23/26 • Police Lockers – Contract awarded to Bradford Systems on 3/23/26 52 Project Background: F iscal Impact: Recommendation: See Village Hall/Police Station cost documents, Contractor Pay Application #10 Staff recommends the Village Board discuss the Janitorial Services Request for Proposals and approve Contractor Payment #10 in the amount of $485,236.84 to Brickl Bros. Inc. Grants: • WEDC Vibrant Spaces Grant – Awarded $32,124, contract signed by Village Board on 4/13/26 • Charge Up Dane County – Site Host Agreement signed by Village Board on 7/27/26 Additional grant opportunities continue to be evaluated, including wellness, election, blood drive, artwork, and historical display funding. 53 Village Hall / Police Station Building Revenues Description Actual to date Budget ARPA funds - 1601 Bourbon Rd 264,000 264,000 General Fund fund balance - 1601 Bourbon Rd 131,000 131,000 Capital Fund fund balance 20,671 20,671 2024 GO Borrowing - Architect fees 200,000 200,000 2025 GO Borrowing - Architect fees 200,000 200,000 2025 GO Borrowing - Construction 3,000,000 3,000,000 2026 GO Borrowing - Construction 3,335,000 3,000,000 Sale Proceeds - 330,000 General Fund fund balance 1,000,000 1,014,329 Grants/other 300 400,000 Total revenues 8,150,971 8,560,000 Expenditures Description Actual to date Budget Appraisal of 1601 Bourbon Rd 2,200 2,200 Purchase of 1601 Bourbon Rd 395,315 395,315 Wetland Deliniation - 1601 Bourbon Rd 2,000 2,000 Phase I Environmental Study - 1601 Bourbon Rd 3,000 3,000 Architect fees 499,085 516,445 Construction contract 4,418,710 7,024,675 Construction contract - alternate bid - 16,365 Soft costs 198,647 600,000 Rest area amenities 7,576 - Total expenditures 5,526,533 8,560,000 Revenues in excess of expenditures 2,624,438 54 October 7, 2026 C arly Persson, Village Administrator Village of Cross Plains 2417 Brewery Road Cross Plains, Wisconsin 53528 Re : Village of Cross Plains New Village Hall and Police Building Commission No. 243047 D ear Carly: W e have reviewed Brickl Bros., Inc.’s Application and Certificate for Payment No. 10 and are approving it for payment. P lease pay $485,236.84 to Brickl Bros., Inc. at your earliest convenience. S incerely, W old Architects and Engineers M att Bickel |AIA, CID, LEED AP Government Practice Leader E nclosure cc: J ay Lengfeld, Village of Cross Plains M ichael Diehl, Brickl Bros. Mike Klass, Wold C ourtney Korzeniowski, Wold CM/GOV-WI-CI_CrossPlains/243047/_Admin/Letters/2026.10.07 Letter to Carly Persson (PA 10) 55 56 57 58 59 60 61 St aff/Department: Bobbi Zauner, Finance Director / Clerk Subject Matter: 2027 Base Operating Budget Draft Meeting Date: September 28, 2026 Referral History: n/a E xecutive Summary: Project Background: Code/Policy Review: Fiscal Impact: Recommendation: Appendices: The complete budget is comprised of an operating budget, a capital budget, and a debt service budget. The operating budget is further broken down into personnel costs (wages & benefits) and non-personnel costs (the “base budget”). Submitted today is the base operating budget for the General Fund, Library Fund, and Water & Sewer Utilities. Department Heads prepared base budgets and supplemental requests per the direction provided in the 2027 budget memo. Village of Cross Plains Budget Policy 2020-01 Wisconsin State Statute 65.90 2027 Budget memo indicated a 0% increase for “base budget” expenses. Department Heads should submit supplemental budget requests for any increases exceeding 0%. Staff recommends Village Trustees review the base operating budget for future discussions. Base operating budget drafts for: General Fund, Library Fund, Water Utility, and Sewer Utility. Supplemental budget requests. 62 63 64 65 66 67 68 69 2027 Budget - Adjustments from how things were budgeted in prior years Fund GL Account Number GL Account Title 2026 Budget 2027 Budget Change Notes Revenues General 110-43420-000-000 Fire Insurance 19,000 - (19,000) 2% fire dues revenue now goes directly to Fire Dept Expenditures General 110-51600-305-000 General Bldg Maintenance 7,000 2,500 4,500 Fire inspection fees now paid directly by Fire Dept General 110-52200-207-000 Fire Dept Support Services 125,000 114,400 10,600 2% fire dues help lower amount due to Fire Dept General 110-51600-202-000 General Bldg Communications 7,000 10,500 (3,500) Move PD internet/telephone to General Bldg General 110-52100-000-000 Police Communications 7,000 3,500 3,500 Move PD internet/telephone to General Bldg General 110-51600-203-000 General Bldg Utilities 17,400 19,650 (2,250) Move PD gas/electric/water/sewer to General Bldg General 110-52100-203-000 Police Utilities 2,250 - 2,250 Move PD gas/electric/water/sewer to General Bldg Library 130-51600-202-000 Library Communications 4,800 5,000 (200) General Fund no longer covering part of community phone cost Library 130-51600-207-000 Library Support Services 9,850 13,200 (3,350) General Fund no longer covering part of community phone cost 70 Name of person submitting this form: Bobbi Zauner Fund General Department Building Inspection Account Number 110-52400-207-000 Account Name Building Inspection - Support Services 2026 budget amount 45,850 2027 proposed amount 70,000 Justification: Supplemental Budget Request Form The Village has had to pass budget amendments for this line item the past few years as the Scenic Valley and Creek Crossing subdivions have been built out. We are anticipating several new home permits to be pulled in 2027 in the Marchstone subdivision. The corresponding revenue line item will be adjusted as well, so this increase in expense will not result in an increase to the levy. 71 Name of person submitting this form: Bobbi Zauner Fund General Department Clerk/Administration Account Number 110-51410-306-000 Account Name Administration - Programs 2026 budget amount 2,000 2027 proposed amount 3,000 Justification: Supplemental Budget Request Form Dane County has increased dog license fees the past few years, increasing the amount the Village needs to submit to the County. A corresponding increase in the revenue line item will make this a zero net effect on the tax levy. 72 Name of person submitting this form: Bobbi Zauner Fund General Fund Department Refuse & Garbage Collection Account Number 110-53620-207-001 Account Name Garbage Collection 2026 budget amount 125,550 2027 proposed amount 129,000 Justification: Supplemental Budget Request Form Per our contract, garbage fees will increase from $7.50 to $7.75 (per unit, per month) for 2027. 73 Name of person submitting this form: Bobbi Zauner Fund General Fund Department Aging Account Number 110-54600-204-000 Account Name Dues & Subscriptions 2026 budget amount 29,800 2027 proposed amount 30,250 Justification: Supplemental Budget Request Form Funding ask for Northwest Dane Senior Services is $7 per capita. Preliminary DOA population estimate for 2026 is 4,321. 74 75 8 2025 NWDSS Annual Report Northwest Dane Senior Services, Inc 1837 Bourbon Road Cross Plains, WI 53528 608-798-6937 www.nwdss.org Thank you for your most generous, continued, and vital support. We can’t do it without you, and we greatly appreciate your generosity and willingness to be a helping hand. 2023 Providing premier programs and services for older adults and their families that promotes well-being, independence, involvement in their community and the ability to age successfully. 76 2 2025 NWDSS Annual Report 2025 NWDSS Annual Report 7 Financial Information at a Glance 2025 Board of Directors Brian Cribbs, President Lynn Davis, Treasurer Paulette Glunn, Executive Director Barb Hellenbrand Debby Manke Kevin Coughlin Ginger Ziegler (April 2025) NWDSS Employees Vicki Beres Annette Geisler Paulette Glunn Joan Heberlein Patty Hillebrand Kasey Klinger Jennifer Mellem Rachel White Income Dane County Supported Programs Case Management $117,528 Nutrition $109,082 MA Case Management $2329 Municipality Support $96,715 Adult Day Program $49,349 Donations $47,762 Grants $16,367 Fundraising Events $25,504 Sunny Seconds $24,573 Total Income $522,142 Total Expense $490,291 77 6 2025 NWDSS Annual Report 2025 NWDSS Annual Report 3 Municipalities Served and Annual Support Municipality Village of Black Earth $10,024 Town of Black Earth $2500 Village of Cross Plains $29,300 Town of Cross Plains $19,867 Village of Mazomanie $9000 Town of Mazomanie $7672 Town of Berry $6000 Town of Roxbury $6500 Town of Vermont $5852 **The 2025 ask was $7 per person based on total population in each municipality Message from the Executive Director Dear Friends of NWDSS, Reflecting on the past years fills me with immense gratitude for the community we have built together. In 2025, NWDSS experienced unprecedented vitality. The demand for meaningful older adult engagement has never been more apparent. I am pleased to report that our programming, essential services, and daily activity attendance has grown. Growth presents new opportunities to innovate. In the coming years we need to focus on the physical facility, continue to expand our partnerships, and offer diverse programs to accommodate. This years evolution was made possible through the dedication of our staff, the passion of our volunteer network and the steady trust of our donors. Your contributions, grants, and countless service hours are directly responsible for NWDSS every day! Thank you for being a part of our story. Together we prove that aging is a journey best shared with purpose and joy. With heartfelt Appreciation, Paulette Glunn Executive Director Dane County Contract $162,139 $78,260-Food Cost 78 4 2025 NWDSS Annual Report Numbers of Significance Adult Day Program $49,349 83 clients & families served to date Case Management 2386.5 hours 97 unduplicated clients Nutrition (on-site & home delivered) 10,356 meals V olunteers 71 people & 5689 hours Sunny Seconds Thrift Store $24,573 Medical Rides (RSVP)-254 Pet Program-25 people and 35 pets NWDSS Hair Salon $3664 2025 NWDSS Annual Report 5 Fundraising and Grants Celebrate a Life Dine On Harvest Moon at Sugarland Cross Plains Community Chest Meals On Wheels America Share the Love Meals On Wheels America Loves Pets Vendor Craft Fair 79 Name of person submitting this form: Matt Couey Fund Water Utility Department Pumping Account Number 660-53700-623-000 Account Name Power for Pumping 2026 budget amount 31,000 2027 proposed amount 45,000 Justification: Supplemental Budget Request Form Need to increase based on 3-year average of actual utility costs. 80 Name of person submitting this form: Matt Couey Fund Sewer Utility Department Waste Disposal Account Number 670-53630-207-000 Account Name Support Services 2026 budget amount 112,000 2027 proposed amount 130,000 Justification: Supplemental Budget Request Form Need to increase based on 3-year average of actual utility costs. 81 Name of person submitting this form: Matt Couey Fund Sewer Utility Department General Bldg & Plant Expense Account Number 670-51600-203-000 Account Name Utilities 2026 budget amount 87,000 2027 proposed amount 100,000 Justification: Supplemental Budget Request Form Need to increase based on 3-year average of actual utility costs. 82 83 84 85 86 87 88 89 Case 2025CV001 134 Document 3 Filed 02-05-2025 Page 1 of 1 FILED STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE Ne enn od A . City of Franklin vs. Accurate Appraisal LLC et al Electronic Filing me ane ° aes Notice Clerk of Circuit Court 2025CV001134 Case No. 2025CV001134 Honorable William Class Code: Money Judgment Sosnay-08 Branch 08 SCOTT MCFARLANE 5275 W. EDGEWOOD DRIVE APPLETON WI 54913 Case number 2025CV001134 was electronically filed with/converted by the Milwaukee — County Circuit Court office. The electronic filing system is designed to allow for fast, reliable exchange of documents in court cases. Parties who register as electronic parties can file, receive and view documents online through the court electronic filing website. A document filed electronically has the same legal effect as a document filed by traditional means. Electronic parties are responsible for serving non-electronic parties by traditional means. You may also register as an electronic party by following the instructions found at http://efiling.wicourts.gov/ and may withdraw as an electronic party at any time. There is a fee to register as an electronic party. This fee may be waived if you file a Petition for Waiver of Fees and Costs Affidavit of Indigency (CV-410A) and the court finds you are indigent under §814.29, Wisconsin Statutes. If you are not represented by an attorney and would like to register an electronic party, you will need to enter the following code on the eFiling website while opting in as an electronic party. Pro Se opt-in code: f8a4f7 Unless you register as an electronic party, you will be served with traditional paper documents by other parties and by the court. You must file and serve traditional paper documents. Registration is available to attorneys, self-represented individuals, and filing agents who are authorized under Wis. Stat. 799.06(2). A user must register as an individual, not as a law firm, agency, corporation, or other group. Non-attorney individuals representing the interests of a business, such as garnishees, must file by traditional means or through an attorney or filing agent. More information about who may participate in electronic filing is found on the court website. If you have questions regarding this notice, please contact the Clerk of Circuit Court at . 414-278-4140. Milwaukee County Circuit Court Date: February 5, 2025 GF-180(CCAP), 11/2020 Electronic Filing Notice §801.18(5)(d), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. 90 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 1 af 31 FILED 02-05-2025 Anna Maria Hodges Clerk of Circuit Court STATE OF WISCONSIN CIRCUIT COURT MILWAUK ERGO NT 184 Honorable William Sosnayue— CITY OF FRANKLIN Branch 08 9229 W. Loomis Road Franklin, WI $3132 Plaintiff, Case No. Vv. Case Code: 30301 ACCURATE APPRAISAL, LLC 1428 Midway Road Menasha, WI 54952 Registered Agent: Lee DeGroot SCOTT MCFARLANE 5275 W. Edgewood Drive Appleton, WI 54913 KYLE KABE _. 521 Oakridge Lane New London, WI 5496] WEST BEND MUTUAL INSURANCE COMPANY 1900 South 18" Avenue West Bend, WI 53095 Registered Agent Same Address Defendants. SUMMONS THE STATE OF WISCONSIN: To Each Person and/or Entity Named Above As Defendant: You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is attached, states the nature and basis of the legal action. 91 Case 2025CV001 134 Document & Filed 02-05-2025 Page 2 af 34 Within forty-five (45) days of receiving this summons, you must respond with a written answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the complaint. The Court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the Court, whose address is Clerk of Circuit Court, Milwaukee County Courthouse, 901 N. 9" Street, Room 104, Milwaukee, Wisconsin, 53233, and to The Rose Group. S.C., plaintiff’s attorneys, whose address is 1134 N. 9" Street, Suite 220, Milwaukee, Wisconsin 53233. You may have an attorney help or represent you. | If you do not provide a proper answer within forty-five (45) days, the Court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A Judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. Dated: February 5, 2025 THE ROSE GROUP, S.C, Attorney for Plaintiff By: Electronically signed by Douglas W. Rose Douglas W. Rose State Bar No. 1017205 Jennifer Geller Baumann State Bar No. 1034916 Kaitlynn E. Ebben State Bar No. 1112777 P.O. ADDRESS: 1134.N. 9" Street Suite 220 Milwaukee, WI 53233 Telephone: (414) 274-1400 92 Case 2025CV001 134 Document 6 Facsimile: (414) 274-1401 dwr/@roseerouplaw.com igb@roseprouplaw.com kee(@rosegrouplaw.com Filed 02-05-2025 Page 3 of 31 93 Case 2025CV001134 Document 6 Filed 02-05-2025 Page 4 af 34 FILED 02-05-2025 Anna Maria Hodges Clerk of Circuit Court STATE OF WISCONSIN CIRCUIT COURT MILWAUKEPRORSUN TIP4 Honorable William Sosy 86 CITY OF FRANKLIN Branch 08 9229 W. Loomis Road Franklin, WI 53132 Plaintiff, Case No. Vv. Case Code: 30301 ACCURATE APPRAISAL, LLC 1428 Midway Road Menasha, WI 54952 Registered Agent: Lee DeGroot SCOTT MCFARLANE 5275 W. Edgewood Drive Appleton, WI 54913 KYLE KABE $21 Oakridge Lane New London, WI 54961 WEST BEND MUTUAL INSURANCE COMPANY 1900 South 18" Avenue West Bend, WI 53095 Registered Agent Same Address Defendants. COMPLAINT NOW COMES the above-named Plaintiff, the City of Franklin, by its attorneys, The Rose Group, S.C. and as for its complaint against the above-named Defendants, Accurate Appraisal, LLC, Scott McFarlane, Kyle Kabe, and West Bend Mutual Insurance Company, alleges and shows to the Court as follows: PARTIES 94 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 5 of 31 1, The Plaintiff, the City of Franklin (hereinafter the “City”), is located in the County of Milwaukce, State of Wisconsin and has a total area of 34.69 square miles with a. population of approximately 37,000 residents. 2. The Defendant, Accurate Appraisal, LLC (hereinafter “Accurate”), is a Wisconsin limited liability company with a principal place of business located at 1428 Midway Road, City of Menasha, County of Winnebago, State of Wisconsin. The registered agent is Lee DeGroot located at the same address. 3. The Defendant, Scott McFarlane, upon information and belief, is a Wisconsin resident, with a residential address at 5275 W. Edgewood Drive, Appleton, County of Outagamie, State of Wisconsin. At all times relevant, Mr. McFarlane was the owner of Accurate and the Chief Accountability Officer. 4, The Defendant, Kyle Kabe, upon information and belief, is a Wisconsin resident, with a residential address of 521 Oakridge Lane, New London, State of Wisconsin. At all times relevant, Mr. Kabe was the mass appraisal expert and designated representative of Accurate for its appraisal work. 5. The Defendant, WEST BEND MUTUAL INSURANCE COMPANY, is identified pursuant to a Certificate of Insurance as the insurer for Accurate providing liability coverage for the allegations contained herein, including, but not limited to, negligent acts or omissions of those persons in the employ of Accurate. JURISDICTION AND VENUE 6. Pursuant to Wis. Stat. § 801.05, jurisdiction is proper because all parties are domiciled in the state of Wisconsin. 7, Pursuant to Wis. Stat. § 801.50, venue is appropriate because Milwaukee County is 95 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 6 of 34 the county in which the present claims arose, is the County in which the appraisal services at issue were rendered, and all parties reside or otherwise do business within Milwaukee County. Additionally, the contract between the parties selects Milwaukee County as the proper venue. FACTUAL BACKGROUND Accurate and the City Enter into an Agreement for Mass Appraisal Services 8. On or about January 2022, the City sought an experienced, licensed assessment company to perform mass appraisals, or a systematic valuing of a group of properties as of a given date using standardized processes to collect data and appraise the property to ensure all properties within a municipality are valued uniformly and equitably. 9, Among the assessment companies the City met with while performing its due diligence was Accurate and its owner, Mr. McFarlane. 10. Accurate, through Mr. McFarlane, represented to the City that it had seasoned licensed appraisers with the experience necessary to handle mass appraisals and re-valuations. Accurate also represented that it would allow the City access to property data online, online appointments, and live customer service. Il. Accurate and Mr. McFarlane indicated that Accurate would provide information enabling property owners to understand the assessment process and their valuations. | 12. Accurate and Mr. McFarlane also represented that Accurate would use a suitable computer assisted mass appraisal system (hereinafter “CAMA”) to provide appraisal services to the City. Accurate and Mr. McFarlane represented that this CAMA system would generate an automated database for maintaining property data, valuing property and ensuring tax equity through uniform valuations, 96 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 7 af 31 13. Such representations concerning the experience, procedures, and CAMA software used by Accurate were important to the City, because there are industry standards and State statutes that govern mass appraisal procedures and techniques when determining the value of properties to ensure all the properties within the City are valued equitably. Additionally, representations regarding the quality and accuracy of the work were important as much of the City’s tax revenue is generated from these valuations. 14. Relying on these representations, the City and Accurate entered into an Agreement for Professional Services dated February 7, 2022 (hereinafter “Agreement”). A true and correct copy of the Agreement is attached and as Exhibit A. Relevant Terms of the Agreement 15, Pursuant to the Agreement, the City contracted with Accurate to provide the following services: 1) serve as the City’s statutory assessor, 2) provide annual maintenance and clerical services, and 3) provide revaluation services in a competent, timely, efficient, and cost effective and customer service-oriented manner, 16. Accurate was to provide the above services in a professional manner, and all work required was to comply with Wisconsin State Statutes, any rules or regulations adopted by the Wisconsin Department of Revenue and industry standards. 17, Pursuant to the terms of the Agreement, Accurate was to designate a “qualified and responsible employee to supervise the Assessment Services Work for the entire period.” 18. The qualified Accurate supervisor was to be certified at a minimum, as an Assessor Level II or Assessor Level III, and would report to and be accountable to the City Director of Administration. 97 Case 2025CV001 134 Document 6 Filed 02-05-2025 Pages & of 34 19, Additionally, pursuant to the terms of the Agreement, Accurate’ s scope of work included, but was not limited to, the following: a. Collecting data concerning sales of land and improved parcels of land to calculate land values; b. Inspecting the interior and exterior of all commercial properties currently permitted, or properties requiring inspection; C. Inspecting properties to be appraised if value is impacted and listing improvements to be appraised; and d, Capturing new digital photographs for each newly improved parcel, and any unique or unusual properties. 20. In performing these services, Accurate was contractually required to, “consider the cost, market and income approaches in the valuation of all vacant and improved parcels of property by computer assisted means.” 21. The data Accurate collected under the Agreement was required to contain at least the following specifications: Inspection data recorded on forms in compliance with the Department of Revenue, with detailed notes regarding the structure; Additional information including market data, building costs, sales, rental rates, leasehold improvements, vacancy rates, and income and expense data; Data collection for income producing properties shall include rental rates, leasehold improvements, vacancy rates, and income and expense data; Property listing/record cards including time, date, assessor for each | inspection or altempted inspection, signed by the person authorizing internal inspection. The information included for each parcel should include size, footage, width, depth, topography, productivity, site improvements, utilities, zoning and location, and when completed should be entered into the CAMA; ; Measurements of all improvements to verify the accuracy of the existing sketches, and if drawings are missing interior areas, one should be created; Perform all square footage calculations and verify accuracy, and if — anything is inaccurate correct the information at no additional expense to the City; and Complete listing sheets and sketches ready for data entry and electronic records. 98 Case 2025CV001134 Document & Filed 02-05-2025 Page 9 of 31 22. Accurate was also responsible for handling all mailing Notice of Assessments to property owners, Open Book hearings, property re-evaluations, review and assessment of all partially constructed properties, field review and assessment of new construction, attending Board of Review hearings, and maintaining office hours at the City Hall. Accurate’s Breach of the Agreement and Failure to Properly Perform Services 23. Although the full scope of Accurate’ s improper conduct remains subject to investigation, as Accurate commenced performance of the Agreement, unbeknownst to the City, it failed to properly conduct valuations as set forth further below. 24. Conversion of data from prior CAMA implementation did not conform to best practices and resulted in data that did not meet the IAAO Standard on Data Quality. 25. Accurate failed to perform due diligence in handling property data. Data that needed to support attribute-based valuation was not reviewed to ensure accuracy, currency, consistency or completeness resulting in attributes being missed for properties. 26. Accurate was required to conduct field inspections of properties, including new construction and partial construction properties, for both residential and commercial properties. Upon information and belief, Accurate failed to conduct these inspections. 27. Cost models were used for residential properties, but land values were not updated or recalibrated to reflect post-covid changes in the market or submarkets. 28. Instead, upon information and belief, Accurate used old or unverified data without updating this information or conducting field inspections. As a result, the data used was not accurate. 29. Neighborhoods were not reviewed to update adjustment factors, resulting in non- uniform neighborhood adjustments. | 99 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 10 of 34 30, Condominiums appear to suffer from poor uniformity, despite many of the condominiums having similar or the same attributes. 31, A complete re-listing of attributes is needed for non-residential properties, and upon information and belief, no re-listing occurred. 32. Trending factors were used for non-residential properties, but no documentation was provided regarding the calculation of the factors used. 33. Additionally, Accurate was to complete sketches and verify existing sketches as part of the valuation process, and sketches were not converted from prior system. 34, Upon information and belief, Accurate not only failed to create these sketches, but also failed to retain prior sketches supporting its valuations. 35. The required sketches and field inspections are critical to understanding the dimensions and other attributes of properties for valuation purposes. 36. In addition to sketches not converting, photographs were also not converted for a significant number of City properties. 37. Upon information and belief, no ratio study was provided to measure assessment performance. 38. No information was provided to document the attributes of propertics that were collected or used in the reappraisal. 39. Changes in use or in attributes of properties were not validated or considered in the reappraisal. 40, The valuation process was not properly disclosed or documented. 41. Accurate was also required to collect sufficient data, as specified in the Agreement, to enable it to value properties. 100 Case 2025CV001 134 Document 6 Filed 02-05-2025 Faas 11 of 34 42. Upon information and belief, Accurate routinely failed to collect sufficient data for valuations and also failed to record this data. 43. It is important for appraisers to collect sufficient data concerning property attributes as this data forms the basis of a property’s value. Without valid underlying data, property values cannot be correctly determined. 44, In conducting its appraisal services, Accurate was contractually obligated to consider the cost, sales, and income approaches. 45, Upon information and belief, Accurate failed to consider these approaches, and instead utilized a trending methodology adopting prior assessment data and trending said information to sales data. 46, Further, upon information and belief, Accurate did not perform a ratio study or any other validation method with respect to its trending methodology. | 47, Ratio studies and validation methods are required to determine if an appraisal methodology is correct or valid. 48. Absent proper ratio studies, Accurate has no way of knowing whether its appraisals are valid or correct. 49, Because Accurate did not verify the underlying data, did not conduct proper field inspections of the properties, did not maintain or create sketches and photographs, and did not ultimately have sufficient property attributes, its valuations were inaccurate. Complaints Against Accurate Emerge 50. Although the City was not yet aware of Accurate’ s conduct, as property owners received their tax assessments, concerns relating to Accurate’ s methods and data collection began to emerge. 101 Case 2025CV001 134 Document & Filed 02-05-2025 Page 12 of 31 51. In 2023, a complaint was filed with Department of Revenue (“DOR”), which found some of Accurate’ s practices improper, and ordered corrective action. To date, itis unclear what follow up, if any, occurred. §2. Following this investigation, the City continued to receive complaints concerning Accurate’ s assessments. 53. For example, property owners complained that assessments were based on inaccurate property attributes such as inclusion of a basement or other home features that did not exist. In other cases, property owners complained that their valuations were not based on any identifiable method or attributes. 54, Other property owners reported that Accurate acquiesced to changes in property valuation when complaints were raised based solely on the fact that a complaint was made. There is no data or record supporting these changes. 55. In addition to residential valuation issues, reports of commercial buildings being excluded or improperly updated were also received. 56. In response to these complaints, Accurate was unwilling to explain its valuations and was unwilling to provide data or information supporting its appraisals to property owners and the City. 57. These complaints prompted the City to investigate further revealing there were significant problems with Accurate’ s assessments. 58. In addition to the above issues, Accurate’ s assessor, Mr. Kabe, was also the subject of investigation due to improper assessment practices. 59. In 2023, a complaint was filed with the Department of Revenue (“DOR”) relating to Mr. Kabe and his conduct as a professional assessor. 102 Case 2025CV001134 Document 6 Filed 02-05-2025 Page 12 of 34 60. As a result, the DOR initiated an investigation, 61. The results of that investigation were provided to the City in a letter dated January 7, 2025, in which the DOR concludes that Mr. Kabe’s assessment work was, “not compliant with state law and the Wisconsin Property Assessment Manual (WPAM).” Specifically, the DOR indicated that at least the following issues or violations were present: a. Mr. Kabe failed to clearly communicate with property owners, and communications were not fully documented in accordance with WPAM Vol 1 Ch. 5. b. Mr. Kabe failed to ensure that property owners have a complete understanding of issues relating to their assessments pursuant to WPAM 5-6. c. Mr. Kabe failed to inform property owners of the appeal process relating to their assessments pursuant to WPAM 5-6. d. Mr. Kabe did not ensure that proper information sharing, and notification procedures were in place to address property owner communications and concerns. 62. Upon information and belief, Accurate’ s improper valuations have deprived the City of Franklin of substantial tax revenue and damaged the City of Franklin in an amount to be determined at trial. 63. In addition to the loss of tax revenue, Accurate’ s improper appraisals have also resulted in the loss of significant data including sketches, property attributes, and other information necessary to conduct ongoing valuations of property. As a result, the City will incur substantial additional costs in re-creating this data and generating new accurate valuations. CLAIMS FIRST CAUSE OF ACTION AGAINST THE DEFENDANT ACCURATE APPRAISAL, LLC & MR. MCFARLANE Violation of Wis. Stat. § 100.18 Unfair Trade Practices 10 103 Case 2025CV001 134 Document 6 Filed 02-05-2025 ’ Page 14 of 31 64. The Plaintiff re-allege and incorporate herein by reference Paragraphs | through 63 above, as if fully set forth herein. 65. The Defendants made representations to the Plaintiff, including but not limited to the representations outlined in Paragraphs 10 through 13 above relating to the quality of work, experience, and software that Accurate would use or otherwise possessed. 66. These representations were material to the Plaintiff’s decision to enter into the Agreement. The Plaintiff, relying on said representations proceeded to sign the Agreement: 67. The representations were not true as the Defendants did not possess the requisite experience, skill, CAMA software, and ability to conduct the re-evaluation and failed to conduct the revaluation consistent with industry standards. 68. The Plaintiff suffered pecuniary damages as a result of the false or misleading representations, including but not limited to, the costs of conducting a new re-valuation with a new appraisal company, the loss of tax revenue resulting from improper valuations, the additional costs resulting from the loss of property data, and the costs of this action. 69. This conduct constitutes an unfair trade practice under Sec. 100.18, Wis. Stats., such that the Plaintiff is entitled to all remedies afforded thereunder, including actual costs, and reasonable attorney fees incurred in this matter. SECOND CAUSE OF ACTION AGAINST THE DEFENDANT ACCURATE APPRAISAL, LLC Breach of Contract . 70. The Plaintiff re-alleges and incorporates herein by reference Paragraphs | through 69, above, as if fully set forth herein. 71. A valid and binding contract existed by and between the Plaintiff and the Defendant for the provision of various appraisal-related services as specified in Exhibit A. 11 104 Case 2025CV001134 Document 6 Filed 02-05-2025 Paoae 15 of 34 72. The Plaintiff complied with each and every obligation pursuant to the Agreement. 73. The Defendant breached the contract in numerous ways as outlined above in Paragraphs 24 through 48 including but not limited to, failing to use the approaches required under the contract for valuation, failing to conduct the required field inspections, failing to maintain or collect the requisite property data, failing to create or maintain property measurements and sketches or other attributes, failing to comply with industry standards and Wisconsin Statutes in performing the services, failure to provide accurate valuations, failure to properly communicate with the City and property owners, and failure to provide data when requested. 74, As a direct and proximate result of these breaches, the Plaintiff has suffered damages. THIRD CAUSE OF ACTION AGAINST DEFENDANTS ACCURATE APPRAISAL, LLC and KYLE KABE Negligence 75. The Plaintiff re-alleges and incorporates herein by reference Paragraphs | through 74 above, as if fully set forth herein. 76. That the Defendant Kyle Kabe owed a duty to act diligently and exercise reasonable skill and care in providing appraisal services. 77. Upon information and belief, Mr. Kabe was designed as the Accurate employee “qualified and responsible [] to supervise the Assessment Services Work for the entire period.” As a result, Mr. Kabe had a duty to carry out his duties with reasonable care and diligence consistent with that of a professional assessor. 78. Defendant Accurate owed a duty act diligently and exercise reasonable skill and care in providing appraisal services. Accurate also owed a duty to hire, train and assign 12 105 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 16 of 34 appraisers who were qualified to work as a City Assessor and would act diligently and exercise reasonable skill and care. 79. Additionally, Accurate owes a duty of care in supervising its employees in the course of the performance of their job duties. Accurate failed to properly supervise its employees. 80. The Defendant, Mr. Kabe, failed to exercise ordinary care in providing appraisal services by failing to follow industry standards and Wisconsin law in performing appraisal services as Outlined in Paragraphs 24 through 48 and 58 through 63 above, thus constituting negligence. 81. The Defendant, Accurate is vicariously liable for the negligence of its employees under the doctrine of respondeat superior and is also liable for failing to properly supervise and train its employees. Accurate failed to properly supervise and train its employees, including Mr. Kabe. 82. Asa direct and proximate result of the Defendants’ negligence the Plaintiff has suffered pecuniary harm. WHEREFORE, the Plaintiff, respectfully demand judgment against the Defendants, jointly and severally, as follows: a. For compensatory damages; b. For all statutory remedies available, including attorney fees, under Section 100.18; Cc. For attorneys fees and costs; d. For such other and further relief as the Court deems just and proper. DEMAND FOR A JURY OF TWELVE (12) PERSONS IS HEREBY MADE, . 13 106 Case 2025CV001134 Document 6 Filed 02-05-2025 Page 17 of 34 Dated: February 5, 2025 THE ROSE GROUP, S.C. Attorney for Plaintiff By: Electronically signed by Douglas W. Rose Douglas W. Rose State Bar No. 1017205 Jennifer Geller Baumann State Bar No. 1034916 Kaitlynn E. Ebben State Bar No. 1112777 P.O. ADDRESS: » 1134.N. 9" Street Suite 220 Milwaukee, WI 53233 Telephone: (414) 274-1400 Facsimile: (414) 274-1401 dwr@rosegrouplaw.com jeb(@rosegrouplaw.com kee@rosegrouplaw.com 14 107 Case 2025CV001134 Document 6 Filed 02-05-2025 Pane 18 of 34 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT, made and entered into this 7th day of February, 2022, between the City of Franklin, 9229 West Loomis Road, Franklin, Wisconsin 53132 (hereinafter “CIT Y”) and Accurate Appraisal, LLC (hereinafter “ASSESSMENT FIRM”), whose principal place of business is PO Box 415, Menasha, WI 54952-0415. WITNESSETH WHEREAS, the ASSESSMENT FIRM is duly qualified and experienced to provide Assessment Services to Wisconsin municipalities and has offered services for the same as specified in this AGREEMENT; and WHEREAS, in the judgment of the CITY, it is necessary and advisable to obtain the services of the ASSESSMENT FIRM to perform assessment services ag detailed herein, in accordance with State of Wisconsin regulatory and industry standards; WHEREAS, the ASSESSMENT FIRM is qualified to do business in Wisconsin; and — WHEREAS, the City and ASSESSMENT FIRM wish to enter into this AGREEMENT to specify the duties and obligations of the parties for the services described herein; and WHEREAS, the ASSESSMENT FIRM is willing to perform the services in accordance with the terms hereinafter provided, agrees to comply with all federal, state, and local laws and ordinances applicable to this AGREEMENT; NOW, THEREFORE, in consideration of these premises and the following mutual covenants, terms, and conditions, the CITY and the ASSESSMENT FIRM agree as follows: 1, BASIC SERVICES AND AGREEMENT ADMINISTRATION A. The ASSESSMENT FIRM shall provide services to the CITY as described in the scope of services established in the City’s Request for Proposals, which is attached and incorporated herein as Attachment A. B. The ASSESSMENT FIRM shall serve as the CITY’S professional representative in matters to which this AGREEMENT applies. C. The ASSESSMENT FIRM may not employ the services of outside ASSESSMENT FIRMS or SUB-ASSESSMENT FIRMS without the express permission of the City to complete work under this AGREEMENT. Dd. The ASSESSMENT FIRM is an independent ASSESSMENT FIRM and all persons furnishing services hereunder are employees of the ASSESSMENT FIRM and not of the CITY. All obligations under the Federal Insurance Contribution Act (FICA), the Federal Unemployment Tax Act (FUTA), and income tax withholding are the responsibility of the ASSESSMENT FIRM as employer. The CITY understands that express agreements may exist between the ASSESSMENT FIRM and its employees regarding extra work, competition, and nondisclosure. 108 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 4G of 24 Yl. FEES AND PAYMENTS The CITY agrees to pay the ASSESSMENT FIRM, for and in consideration of the performance of the services further described in Attachment A, an amount not to exceed $210,000 annually, for each’year of the AGREEMENT, subject to the terms detailed below: A. The ASSESSMENT FIRM may bill the CITY and be paid for all work satisfactorily completed hereunder on a monthly basis following submission of an invoice and appropriate supporting documentation, such as hours worked and type of work completed, to substantiate the invoice. The CITY agrees to pay the ASSESSMENT FIRM’S invoice, if undisputed, within 30 days of invoice date for all approved work. B. In consideration of the faithful performance of this AGREEMENT, the ASSESSMENT FIRM will not exceed the fee for Services, which is inclusive of all expenses related to the service included in this AGREEMENT. C. Included in the fees identified above, are the following: all assessment software, conversion of data, and associated maintenance costs; all office supplies; all paper, envelopes, postage, and related materials to prepare and mail all notices and communications, to Franklin property owners, in conjunction with this AGREEMENT; and computers and other office equipment used for in-office or fieldwork. Dd, There are no reimbursable costs to be paid in addition to the above established fees in conjunction with this AGREEMENT. E. In the event of a Personal Property Tax Repeal in Wisconsin, the ASSESSMENT FIRM shall reduce the annual fee by $5,000 for each year that docs not require these services to be provided. F. Should the CITY find deficiencies in work performed or reported, it will notify the ASSESSMENT FIRM in writing within thirty (30) days of receipt of invoice and related report, and the ASSESSMENT FIRM will remedy the deficiencies within thirty (30) days of receiving the CITY’S notice, which period may be extended by mutual agreement of the ASSESSMENT FIRM and the CITY’S representative identified in Subsection IV A. below. This subsection shall not be construed to be a limitation of any rights or remedies otherwise available to the CITY. G. Travel time to and from CITY locations is not chargeable time. However, if CITY ends AGREEMENT prior to December 31st in year 3, 4, or 5, but after assessment services for that year are complete, the annual fec for that year shall not be greater than $191,600. i. MODIFICATION AND ADDITIONAL SERVICES A, This AGREEMENT may only be amended by written instrument signed by both the CITY and the ASSESSMENT FIRM. 109 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 20 ot 34 The CITY may, in writing, request changes in the services required to be performed by the ASSESSMENT FIRM and require specification of incremental or decremental costs or the basis for such incremental or decremental costs prior to change order agreement under this AGREEMENT. Upon acceptance of the request of such changes, the ASSESSMENT FIRM shall submit a “Change Order Request Form” to the CITY for authorization, notice to proceed, and signature. The CITY may return such to the ASSESSMENT FIRM to finalize acceptance of the change order. Any claim by the ASSESSMENT FIRM for an adjustment hereunder that applies the basis for any cost changes must be made to the CITY in writing, and with appropriate supporting documentation, no later than forty-five (45) days after receipt by the ASSESSMENT FIRM of approved change order from the CITY, unless a different deadline is provided for within the approved change order. IV. ASSISTANCE AND CONTROL Vv. A. Peggy Steeno, Director of Administration, acting on behalf of the CITY, will be responsible for communication within the CITY’S organization as related to al! issues originating under this AGREEMENT and will monitor, evaluate, and coordinate the work of the ASSESSMENT FIRM. The CITY will timely provide the ASSESSMENT FIRM with information in its possession related to the services as mutually deemed necessary and pertinent. The ASSESSMENT FIRM will appoint, subject to the approval by the CITY, Kyle Kabe, Account Manager, Assessor 2 and 3, as the ASSESSMENT FIRM’S Project Manager and may appoint other key providers of the Services by mutual consent of the ASSESSMENT FIRM and the CITY. Substitution of other staff may occur only with the consent of the CITY. TERMINATION A. This AGREEMENT may be terminated by the CITY, for its convenience, for any Or no reason, upon written notice to the ASSESSMENT FIRM at least forty-five (45) business days before the specified effective date of such termination. Upon such termination by the CITY, the ASSESSMENT FIRM. shall be entitled to payment of such amount as shall fairly compensate the ASSESSMENT FIRM for all approved and performed work up to the date of termination, except that no amount shall be payable for any losses of revenue or profit from any source outside the scope of this AGREEMENT, including but not limited to, other actual or potential agreements for services with other parties. In the event that this AGREEMENT is terminated for any reason, the ASSESSMENT FIRM shall deliver to the CITY all data, reports, summaries,- correspondence, and other written, printed, or tabulated material pertaining in any way to the Services that the ASSESSMENT FIRM may have accumulated. Such material is to be delivered to the CITY whether in completed form or in process. 110 Case 2025CV001134 Document 6 Filed 02-05-2025 Page 21 of St C. The rights and remedies of the CITY and the ASSESSMENT FIRM under this section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other article of this AGREEMENT. Dz Failure to maintain the designated staff (as identified herein and in the ASSESSMENT FIRM’S original proposal) or such similarly qualified staff as determined by the CITY may lead to termination of the AGREEMENT, as determined by the CITY. Vi. INSURANCE The ASSESSMENT FIRM shail, during the life of the AGREEMENT, maintain insurance coverage with an authorized insurance cartier at least equal to the minimum limits set forth below: A. General/Commercial Liability $2,000,000 per each occurrence for bodily injury, personal injury, and property damage $4,000,000 per general aggregate, CITY shall be narmed as an additional insured on a primary, non-contributory basis. B. Automobile Liability $1,000,000 combined single limit CITY shall be named as an additional insuredon a primary, non-contributory basis. C, Umbrella or Excess Liability $5,000,000 per occurrence for bodily injury, personal Coverage for General/Commercia] and | injury, and property ; Automobile Liability $2,000,000 minimum aggregate per person,. per : ageregate CITY shall be named as an additional insured on a primary, non-contributory basis. D. Worker’s Compensation and | Statutory mployers’ Liability Contractor will provide a waiver of subrogation — and/or any rights of recovery allowed under any, workers’ compensation law E. Errors and Omissions (Professional | $2,000,000 single limit Liability) Upon the execution of this AGREEMENT, the ASSESSMENT FIRM shall supply the CITY with a suitable statement (Certificate of Liability Insurance) and any Additional Insured Policy Endorsements, in a form acceptable to the CITY, certifying said protection and defining the terms of the policy issued and naming the CITY as an additional insured for General/Commercial Liability and Automobile Liability and Umbrella or Excess Liability and Property Coverage. The CITY shall be listed as “The City of Franklin, including its employees and its elected or appointed officials.” 4 111 Case 2025CV001134 Document 6 Filed 02-05-2025 Ifsaid policies are thereafter canceled, permitted to expire, or changed, the ASSESSMENT FIRM shall immediately notify the CITY and shall immediately cease all work until such replacement policies meeting the requirements of this AGREEMENT and of the CITY are fully in place and in force and all required documentation and certificates are provided to the CITY. The CITY’S acceptance of certificates or original insurance policies or both and the allowance to commence work does not release the ASSESSMENT FIRM, nor the ASSESSMENT FIRM’S SUB- ASSESSMENT FIRM, ifapplicable, from the required level of insurance and required level of security and protection provided the CITY by the insurance requirements set forth herein. In the event the ASSESSMENT FIRM fails to ensure the ASSESSMENT FIRM and all SUB-ASSESSMENT FIRM’S are insured and continue to remain insured, the ASSESSMENT FIRM shall indemnify and hold the Owner and its officers and employees harmless against any claim or suit and against any costs, losses, and damages (including but not limited to reasonable fees and charges of attorneys or other professionals and reasonable court or arbitration or other dispute resolution costs). The entire obligation to ensure required coverage for all SUB-ASSESSMENT FIRM’S shall remain with the ASSESSMENT FIRM; and the CITY, for any reason including but not limited to not being in possession of documentation or certificates of liability, shall not, in any way, have or share any obligation or responsibility to ensure ASSESSMENT FIRM and SUB-ASSESSMENT FIRM’S have the required insurance coverage. Acceptability of Insurers: Insurance shall be placed with insurers who are authorized as an admitted insurance company in the State of Wisconsin. insurance shall be placed with insurers who have a Best’s Insurance Reports rating of no less than A and a Financial Size Category of no less than Class VI. VIL INDEMNIFICATION AND ALLOCATION OF RISK A. Nothing contained within this AGREEMENT is intended to be a waiver or estoppel of the CITY or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including but not limited to, those contained within Wisconsin Statutes §893.80, §895.52, and §345,05. To the extent that indemnification is available and enforceable, neither the CITY nor its insurer shall be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. B. The ASSESSMENT FIRM warrants each of the following: 1. No document(s) used for the project requires the CITY or its insurer to indemnify and/or hold harmless any party to the contract for any reason. 2. No document(s) used for the project requires the CITY or its insurer lo waive subrogation for any liability, workers compensation or property policy. 3. The documents used for the project shall not contain any wording limiting the financial responsibility of the CONTACTOR. Cc. To the fullest extent permitted by law, the ASSESSMENT FIRM shall indemnify and hold harmless the CITY, the CITY’S officers, directors, partners, and employees from and against costs, losses, and damages, including but not limited to reasonable fees and charges of engineers, architects, attomeys, and other professionals, and reasonable court or arbitration or other dispute resolution costs, caused by the negligent acts or omissions of the ASSESSMENT FIRM or the ASSESSMENT FIRM’S officers, directors, partners, employees, and ASSESSMENT FIRMS in the performance of the ASSESSMENT FIRM’S services under this AGREEMENT. 5 112 Case 2025CV001134 Document 6 Filed 02-05-2025 Page 23 of 34 D. To the fullest extent permitted by law, the ASSESSMENT FIRM’S total liability to the CITY and anyone claiming by, through, or under the CITY for any injuries, losses, damages and expenses caused in part by the negligence of the ASSESSMENT FIRM and in part by the negligence of the CITY or any other negligent entity or individual, shail not exceed the percentage share that the ASSESSMENT FIRM’S negligence bears to the total negligence of the CITY, the ASSESSMENT FIRM, and all other negligent entities and individuals. VUL TIME FOR COMPLETION The ASSESSMENT FIRM shall commence work promptly and diligently upon execution of this AGREEMENT. , The ASSESSMENT FIRM shall complete the Services timely as detailed in the scope of services. IX. TERM The ASSESSMENT FIRM shall complete the assessment work of all taxable real and personal property within the City for 2022, 2023, and 2024 assessment rolls, with possible extensions for the 2025 and 2026 assessment rolls. The ASSESSMENT FIRM will begin work under contract on or about February 7, 2022 and continue through 2024 with possible extensions through 2026. x. DISPUTES This AGREEMENT shall be construed under and governed by the laws of the State of Wisconsin. The venue for any actions arising under this AGREEMENT shall be the Circuit Court for Milwaukee County. The prevailing party shall be awarded its actual costs of any such litigation, including reasonable attorney fees. XI. RECORDS RETENTION Unless other required herein, the ASSESSMENT FIRM shall maintain all records pertaining to this AGREEMENT during the term of this AGREEMENT based on Statutory requirements. Such records shall be made available by the ASSESSMENT FIRM to the CITY for inspection and copying upon request. XIL MISCELLANEOUS PROVISIONS A. Professionalism: The ASSESSMENT FIRM stipulates that the same degree of care, skill, and diligence shall be exercised in the performance of the services as is possessed and exercised by a member of the same profession, currently practicing, under similar circumstances, and all persons providing such services under this AGREEMENT shall have such active certifications, licenses and permissions as may be required by law. B. Pursuant to Law: Notwithstanding anything to the contrary anywhere else set forth within this AGREEMENT, all services and any and all materials and/or products provided by the ASSESSMENT FIRM under this AGREEMENT shall be in compliance with all applicable governmental laws, statutes, decisions, codes, rules, orders, and ordinances, be they Federal, State, County or Local. 6 113 Case 2025CV001 134 Document 6 Filed 02-05-2025 Pane 24 of 34 c, Conflict of Interest: The ASSESSMENT FIRM warrants that neither it nor avy of its affiliates has any financial or other personal! interest that would conflict in any manner with the performance of the services under this AGREEMENT and that neither it nor any of its affiliates will acquire directly or indirectly any such interest The ASSESSMENT FIRM warrants that it will immediately notify the CITY if any actual or potential conflict of interest arises or becomes known to the ASSESSMENT FIRM. Upon receipt of such notification, a CITY review and written approval is required for the ASSESSMENT FIRM to continue to perform work under this AGREEMENT. Additionally, the ASSESSMENT FIRM shall not take an action or provide to an individual any item that confers a personal benefit upon an employee or officer of the CITY. AHL CONTROLLING TERMS AND PROVISIONS The aforesaid terms and provisions shall control over any conflicting term or provision of any ASSESSMENT FIRM proposal, Attachment, Exhibit, and standard terms and provisions annexed hereto. 114 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 25 of 34 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed on the day and year first above written, CITY OF KLIN, WISCONSIN __S. APPRA BY: F o f BY: Se PT < —_! PRINT NAME: Stephen R. Olson PRINT NAME: Scott McFarlane TITLE: Mayor TITLE: Owner / Chief Accountability Officer ” ef ;2) 2-2 DATE: v 2e— DATE: 2] | z yUPEdG py: Zo GE FR, a” oe Sank em Pe ane oe aon io PRINT NAME: Bryan Tomezak = Oy en oa = i Sh oS TITLE: Director of Finance and Treasurer Bah SEAL ix = eo ean 2 J ~ pate: 2 / £ [22 ee vesvece res “ ty fs COUN ; Frsypyyar® BY:, Lande, A oeesbosvafe} PRINT NAME: Sandra L. Wesolowski TITLE: City Clerk DATE: 2, OF [2O2Q2 Approved.-as to. form: f= aN Jedse A/ Wesolowski, City Attorney DATE:_7 [ al2z 115 Case 2025CV001134 Document 6 Filed 02-05-2025 Page 26 of 31 Project Scope ATTACHMENT A The City ts contracting with qualified ASSESSMENT FIRM to provide the following services (1) serve as the City's Statutory Assessor, (2) provide annual maintenance and clerical services, and (3) provide revaluation services in a competent, timely, efficient, and cost effective and customer service-oriented manner Background Information The City, with a 2021 population estimate of 36,646, 1s located in Milwaukee County, Wisconsin The 2021 Aggregate Assessed Value of all Property Subject to the General Property Tax for the City Is $4,877,836,200 The assessment ratio for 2021 1s 1000007% The City currently uses “Univers” assessment software for storage and valuation of real estate and personal property The City has the following parcel counts (from 2021 Statement of Assessment) 2021 Real Estate Assessed Valuation Summary Parcel Count Assessed Values Classification Land = tmprovements Land Value Improvement Total Value Residential 42,067 11,435 $752,789,700 $2,893,636,000 $3,646,425,700 Commercial 558 413 $258 ,528,900 $738,751,600 $997 280,500 Manufacturing* 62 54 $31,636,400 $127 697 500 $159,333,900 Agricultural 189 0 $802,000 $0 $802,000 Undeveloped 93 0 $806,700 $0 $808,700 Agricultural Forest 3 0 $65,000 $0 $65,000 Forest lands 6 0 $102,400 $0 $102,400 Other 74 63 $5,757,700 $13,893,400 $19,651,100 Total 43,052 11,971 _31,050,488,800 $3,773,978,500 $4,824 467 300 *Manufacturing is assessed by the State of Wisconsin Department of Revenue (WIDOR) erty Account Summary Classification Count Value Locally Assessed / Manufactunng 859 $53,368,900 The City of Franklin has three (3) school districts, six (6) current Tax Incremental Finance Districts, and two (2) mobile home parks A named representative of the ASSESSMENT FIRM (Assessor) ts the statutory assessor for the City of Franklin and will complete, in a professional manner, all of the work required under this scope !n accordance with Wisconsin State Statutes The Assessor shall complete the assessment work of all taxable real and personal property within the City for 2022, 2023, and 2024 assessment rolls, with possible extensions for the 2025 and 2026 assessment rolls The AGREEMENT ts commencing on February 7, 2022 and continue through the 2024 Assessment year, with possible extensions through August 31, 2026 116 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 27 of 34 The scope of work completed by the ASSESSMENT FIRM shall include 1 The ASSESSMENT FIRM will perform all of the work required to properly and professionally assess and list the real and personal property of the City in accordance with applicable Wisconsin State Statutes and in full compliance with all rules and regulations officially adopted and promulgated by the Wisconsin Department of Revenue as well as comply with public records laws, including record retention penods The ASSESSMENT FIRM shall designate a qualified and responsible employee to supervise the Assessment Services Work for the entire contract period, The individual shall be certified, at a minimum, as an Assessor Level [I or Assessor Level tll, The individual designated as such shall be available to the City for the entire contract. Should the Assessor/Supervisor be reassigned, that person shall be replaced by an equally qualified mdividual, subject to review and approval by the City. The Assessor/Supervisor shall report to and be accountable to the Director of Administration, The Assessor shall meet with the Director of Administration ona regular basis to discuss the progress of the work and to review the data and reports completed. The City reserves the right to inspect the data and the progress of the work performed at any time without limitation Collect data concerning sales of land and sales of improved parcels which may indicate the residual value of land From these and other sources, the ASSESSMENT FIRM and City” Assessor shall calculate all land values throughout the City ‘ Inspect the interior and exterior of all commercial properties currently permitted or properties requiring inspection due to discovery a The ASSESSMENT FIRM shail physically inspect properties to be appraised #f value is impacted and will carefully measure and list all improvements to be appraised b All internal inspections for commercial property will be done by appointment when applicable The ASSESSMENT FIRM will schedule appointments ¢ The ASSESSMENT FIRM will capture a new digital photograph for each newly | improved parcel Any unique, large, or unusual properties may require more than one photograph 4 The ASSESSMENT FIRM shall consider the cost, market, and income approaches in the 5 valuation of all vacant and improved parcels of property by computer assisted means Data Specifications a The inspection data will be recorded on forms that are in compliance with Department of Revenue forms Detailed notes regarding the structure will be included on the forms b Additional information including market data, building costs, sales, rental, leasehold improvements, and income and expense data will be collected as circumstances dictate ¢ Data collection for income producing properties shail include rental rates, leasehold improvements, vacancy rates, and income and expense data This information wil be maintained in a secure location at city hall d Documentation will be noted on each property listing/record card including the time, date, and assessor for each inspection or attempted inspection The person authorizing internal inspection shail sign said document The ASSESSMENT FIRM shall gather for each parcel information including, but not imited to size, area, footage, width, depth, topography, productivity, site improvements, ublities, access, zoning, Situs (corner vs 117 Case 2025CV001 134 Document 6 Filed 02-05-2025 Fage 28 of 24 intenor), and location Such information, when completed, shail be entered by the ASSESSMENT FIRM into the software system e The ASSESSMENT FIRM will measure all improvements to verify the accuracy of the existing sketches All corrections including dimensions, labels, and new areas shall be noted on the sketch If the drawing ts missing, or not include interior areas, the ASSESSMENT FIRM shall create one f The ASSESSMENT FIRM will perform all square footage calculations and verify accuracy All incomplete, unverified, and/or inaccurate measurements and/or calculations will be corrected at no additional expense to the City ; g Completed listing sheets and sketches shall be ready for data entry and the electronic . fecords updated in a routine and timely manner Any data deemed missing, illegible, or inaccurate will be corrected at no additional cost to the City 6 The contract commitment shall be that all improved commercial properties shall be inspected The specified inspection rate assumes reasonable property owner cooperation and shall therefore be inclusive of “Certified No Response” properties a Prior to the Open Book hearing period, a time for public inspection of the proposed roll will be allowed The Open Book period shall be scheduled to comply with appropriate statutes, be scheduled for day and evening sessions, and ensure notice to affected properties b The Board of Review for the revaluation period shall be scheduled at the mutual convenience of the City Assessor, Board of Review, and the City Clerk G The ASSESSMENT FIRM will be responsible to attend the Board of Review heanngs, and defend valuations and work products The ASSESSMENT FIRM will promptly and adequately follow up and respond to any appeals made at the Board of Review assessment modifications as approved The ASSESSMENT FIRM and the ASSESSMENT FIRM'S employees shall be required to take and subscribe to an oath of office certifying that it will faithfully perform the duties of the assessor in conformity with Section 19 01, Wisconsin Statutes, and file said oath with the City Clerk prior to undertaking any of said duties The ASSESSMENT FIRM shall be accountable and report fo the Director of Administration The ASSESSMENT FIRM shall meet with the Director of Administration on an as-needed basis to discuss the progress of the work and to review the data and the reports completed The City reserves the right to inspect the data and the progress of the work performed at any ime without limitation The City of Franklin requests the ASSESSMENT FIRM to provide staffing for annual assessment services of all existing property in the City of Franklin performed in the years 2022-2024 Further, the scope of work from ASSESSMENT FIRM shall include 4 The ASSESSMENT FIRM will maintain office hours throughout the calendar year atthe Franklin City Hall, 89229 W Loomis Road, Franklin, Wi 53132, currently set at thirty-seven and one-half (37 5) hours, encompassing ail 5 business days, per week Flexibility and availability of ASSESSMENT FIRM staff and the needs of the City will be considered in finalizing the number of hours per week with approval of planned hours by the Director of Adrmunistration In addition, the ASSESSMENT FIRM may be required to attend City meetings as requested by the Director of Administration The ASSESSMENT FIRM shall be responsible for all assessment-related clerical dutes and customer service, as needed 118 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 29 of 24 10 41 12 13 14 The ASSESSMENT FIRM will be responsible for the field review and assessment of all properties that were under partial construction as of January 1st of the previous year The ASSESSMENT FIRM will be responsible for the field review and assessment of new - construction as of January ist of the current year The ASSESSMENT FIRM will be responsible for the performance of interior inspections on all newly constructed buildings, partially constructed buildings from the previous year, any interior remodeling, additions and demolitions The ASSESSMENT FIRM will be responsible for the field visit and measurement of ail properties with building permuts for exterior remodeling and for detached buildings and decks, air conditioning and other miscellaneous permits The ASSESSMENT FIRM will be responsible for the field review, as deemed necessary, for properties that have been sold, for which a building permit has not been issued The ASSESSMENT FIRM will be diligent in discovering and assessing all personai property The ASSESSMENT FIRM will complete field visits of all personal property accounts annually to discover new accounts and account for businesses that may have closed prior to the assessment year The ASSESSMENT FIRM will cross reference personal property accounts with the corresponding real property and parcel numbers The ASSESSMENT FIRM will manage the mailing of State approved Personal Property Forms to all holders of personal property in the City by January 15th of each year, audit the returned forms, and place the new values on the assessment roll The ASSESSMENT FIRM will manage the process of the collection of the name and address of each personal property - contact person, separate from the business name The ASSESSMENT FIRM shall keep on 1 file in the office a doomage listing prior to open book review The ASSESSMENT FIRM will manage the accounting of all buildings destroyed or demolished The ASSESSMENT FIRM will be responsible for determining whether an organization or individual meets the requirements for exemption from property tax, and will mail written determinations to owners when requests are received The ASSESSMENT FIRM will manage the processing of parcel subdivisions, lot line adjustments, new subdivision plats, certified survey maps, and any other land divisions The ASSESSMENT FIRM will take digital photographs of new construction on or about January 1st annually, and also during the review process as needed The ASSESSMENT FIRM will maintain and annually update property owner lists, with current name and address changes 119 Case 2025CV001 134 Document 6 Filed 02-05-2025 Page 30 of 31 18 16 17 18 19 20 21 22 23 24 25 26 at The ASSESSMENT FIRM wil validate sales and provide assessment data through the - Department of Revenue PAD System, and record sales information to property record cards electronically The ASSESSMENT FIRM will annually update all property owner information with new legal descriptions electronically The ASSESSMENT FIRM will manage the mating of Notice of Assessment to property owners and others as required by Wisconsin Statute The ASSESSMENT FIRM will attend all Board of Review hearings, defend the City as needed at the hearings and defend valuations and work products The ASSESSMENT FIRM wil promptly and adequately follow up and respond to any appeals made at the Board of Review assessment modifications as approved The ASSESSMENT FIRM will value all mobile homes in parks as required by law All assessment files and records created and data collected by the ASSESSMENT FIRM shail remain the property of the City Records removed for work in progress shall be returned to the City offices immediately upon completion of that work The ASSESSMENT FIRM shall communicate openly and in a timely manner with the Director of Administration and other proper City personnel and the public regarding assessment matters The ASSESSMENT FIRM is required to present a positive, professional image in both dress and conduct while interfacing with City staff and the public All assessment personnel shall carry proper photo identificaton provided by the City to assure the public of their identity and purpose for gaining access to private property The ASSESSMENT FIRM ts not permitted to assign, subcontract, or transfer the work without the written permission of the City All personnel providing services requiring Wisconsin Department of Revenue Certifications shall be actively certified and in compliance with Wisconsin Statute Chapter 73 09 as prescnbed in the Wisconsin Property Assessment Manual The ASSESSMENT FIRM shall review any complaint relative to the conduct of his/her . employee(s) If the City deems the performance of any of the ASSESSMENT FIRM’S employees to be unsatisfactory, the ASSESSMENT FIRM shall remove such employee(s) from working for the City upon written request from the City The ASSESSMENT FIRM shall ensure that employees maintain strict confidence regarding all privileged information received by reason of this contract Disclosure of this or any appraisal information to any individual, ASSESSMENT FIRM, or corporation other than appropriate public officials or their authorized agents is expressly prohibited 120 Case 2025CV001 134 Document 6 Filed 02-05-2025 Pagé Si of 34 28 29 30 31 The ASSESSMENT FIRM shall be required to execute a contract with the City that incorporates the information included in this RFP If during the term of the contract state statutes are amended regarding regulatory reporting for assessment hability, the contract shall be altered or amended accordingly All work shall be accomplished in accordance with the provisions of the laws of the State of Wisconsin and in full compliance with the rules and regulations promulgated by the Wisconsin Department of Revenue All personnel providing assessing services shall be currently certified in compliance with Wisconsin State Statutes and Administration rules of the Wisconsin Department of Revenue, and shall maintain certification throughout the duration of the assignment CITY OBLIGATIONS 1 The City shall furnish adequate office space at the Franklin City Hall at no cost to the ASSESSMENT FIRM The City shall provide access to City records including, but not limited to, prior assessment rolls, sewer and water layouts, building permits, tax records, building plans, records of special . assessments, plats or any other maps and property files at no cost The City shall furnish the name and address of the owner and block and lot number, size or other identifying description of each parcel to be appraised The City shall furnish the name and correct address, if known, to the ASSESSMENT FIRM for notices to be sent for changes in assessed values COVID-19 Statement — While COVID restrictions are ongoing, alternative methods approved by the WI DOR are acceptable, including aerial photos ASSESSMENT FIRM must document alternative methods, make sure the records are as accurate as possible during this timeframe, and update records according fo normal protocol at when appropnate 121