A construction worker walks across the top of the Gehl
Tuesday morning in Germantown.
John Ehlke/Daily News
an old saying that half a loaf is better
than none, and that appears to be nearly
what the developer of Saxony Village in the
village of Germantown receive for design
fees they said they incurred in trying to
work with the village in a sanitary sewer
project that benefits Gehl Foods.
a recent Village Board meeting, trustees
agreed to pay JBJ Development $15,000 of
their original request for about $33,000.
fair to settle with them on some part of
their request,” said Village President Dean
said two proposed motions regarding the
settlement were defeated before the $15,000
settlement was approved.
there was a motion to pay them $16,000, it
failed and then a second motion to pay them
$12,000 failed,” Wolter said. “Then the
motion to pay $15,000 was finally approved.”
Department of Public Works Director and
Interim Village Administrator Larry
Ratayczak said earlier the controversy
surrounds a request last year from the
village to JBJ Development, which is
constructing Saxony Village along Main
Street in the downtown area, to help the
village increase capacity of the sanitary
sewer along Main Street.
“We needed more
capacity in our sewer to handle a request from Gehl
Foods for additional flow capacity into our sewer system
because they want to increase production,” Ratayczak
said. “Through the design process we worked
together(with JBJ) to have their engineers redesign
their sanitary sewer system to flow in a different
direction and put in a larger pipe through their
property for us to have added capacity.”
Ratayczak said problems came about in the mid or latter
part of last year when the village attorney advised that
according to state statutes the dollar amount involved
required the village to publicly bid the project.
The exterior of Gehl Foods in Germantown is seen Tuesday
John Ehlke/Daily News
was then decided the developer should use an agreement
the village had drafted between them and the Gehl
because Gehl was contributing some dollars toward this
project and the village would have an agreement for
another portion of the project. This had to be done, but
the agreements were never reached (by JBJ with Gehl) and
it was dragging on. One of the issues was there was some
contaminated soil that was being evaluated and addressed
on the property where the sewer would go through. So we
decided to look at another avenue and that was to design
a sanitary sewer in-house that run basically on Main
Street all the way down to Division Street.
Ratayczak said Tuesday he believes the Village Board’s
decision was a fair one.
developer felt they needed some compensation and a
majority of the board felt the same,” he said.
the project was undertaken, none of the design work
prepared by JBJ Development was used, but the company
thought they should receive compensation for the work
they had completed even if the village did not use in
the eventual project.
During an earlier committee meeting Village Trustee Art
Zabel argued the village should not pay any of the funds
sought by JBJ.
Terri Kaminski, village trustee and chair of the Public
Works and Highways Committee, said three members of the
committee were in favor of paying the company at least
some portion of the design fees.
“There is no way I would approve giving them all of the
$33,000, but I do believe there is some compromise here
we might want to be thinking about because we both kind
of have to be flexible,” Kaminski said earlier.
Village Trustee Art Zabel said he did not want the
village to pay any of the funds sought by JBJ.
makes no sense to me that we should pay those fees. If
you look at the developer’s agreement, the fourth one,
it says he’s responsible for all costs,” Zabel said. “I
agree with the village attorney that the village tried
its best to accommodate this developer and we made
multiple changes to this agreement and they were all
basically made for his benefit, and he basically didn’t
follow through and do what he was supposed to do, which
was to reach an agreement with Gehl. So the village had
to come up with a different plan quickly.”