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071204 EDA Min . e e. e CITY OF SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY MEETING MONDAY, JULY 12, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS Immediately Following Regular Council Meeting MINUTES 1. CONVENE ECONOMIC DEVELOPMENT AUTHORITY MEETING President Love called the meeting to order at8:23 P.M. A. Roll Call Present: President Love; Boardmembers Garfunkel Lizee, Turgeon, and Zerby; Executive Director Dawson; Assistant Treasurer Burton and Attorney Keane Absent: Boardmember Zerby and Assistant Executive Director Nielsen B. Review Agenda Without objection from the Board, President Love proceeded with the Agenda for the meeting. 2. APPROVAL OF MINUTES A. EDA Minutes of June 28, 2004 Turgeon moved, Lizee seconded, Approving the EDA Meeting Minutes of June 28, 2004, as presented. Motion passed 4/0. 3. NEW BUSINESS A. Approve Payment of Claims Executive Director Dawson explained the claims list presented this evening included a payment to Kraus- Anderson. He went on to explain this amount was the one recommended for payment by the Excelsior Fire District (EFD) Board, and was not the full amount requested by Kraus-Anderson for payment of services rendered. Since the EDA Board had requested additional information on this issue, EFD Board Chair Skrede was in attendance this evening to answer any questions the Board might have had of him regarding this issue. Executive Director Dawson also stated the request for payment from Kraus-Anderson represented a request for services rendered, and those fees had been brought forward for consideration. He stated the discrepant issue in this case seemed to be whether the services had actually been rendered, and he believed services rendered required payment in full in order to protect the EDA from exposure to litigation in this matter. President Love stated concern had been expressed by the EFD Board in this matter; however, the majority of Boardmembers present had believed withholding payment was acceptable in this case. EFD Board Chair Skrede stated there was a difference of opinion with regard to the services rendered . SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY MEETING MINUTES July 12, 204 Page 2 of2 and the requirement for full payment at this time. He stated the majority of the EFD Board questioned whether the services had actually been rendered. Documentation received by the EFD Board was unclear at this time, and detailed the accounting requested had not been delivered by the contractor. He also explained to withhold payment at this time did not indicate intent to avoid payment of the invoices received; however, the EFD Board wished to discuss the matter with Kraus-Anderson representatives prior to full payment. He also stated he did not believe there was liability for the EDA in this matter, and discussions had been ongoing without satisfactory resolution as of yet. The position of the EFD Board was to negotiate the discrepant amount and obtain further detailed documentation for the services in question. He noted the documentation had been frequently requested over the past year without being adequately supplied. In addition, the invoices for General Conditions with regard to the East Side Station construction were substantially over the initial budget estimate and the EFD Board remained unclear about how one week's delay due to weather conditions could equal the overage. Further discussions with Kraus-Anderson were expected and necessary to resolve the dispute. EDA Attorney Keane stated he believed the position of the EFD Board to be reasonable, as there was a significant difference between the estimate and the project charges in this matter. He believed a detailed accounting would be in order until the Board was satisfied with documentation presented. He did not think an unexplained difference of the discrepant amount should be allowed to continue without resolve. Turgeon moved, Garfunkel seconded, Approving the Payment of Claims presented. Boardmember Turgeon clarified this motion approving payment did not include the payment of the amount in dispute. . Motion passed 4/0. . 4. OTHER BUSINESS EFD Board Chair Skrede also explained it was the intention of the EFD Board to secure the appropriate document for a credit for duplicate payment to Kraus-Anderson for sub-contractor services related to the construction of the West Side Station. He stated this credit was being requested in order to supply a correct accounting of the expenses for the project, and thus no liability would be assumed incorrectly. 5. ADJOURN Turgeon moved, Garfunkel seconded, Adjourning the Economic Development Authority Meeting of July 12,2004, at 8:43 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, President ATTEST: