10. Walworth County, Wisconsin claims $76,150.00 for damages related to an error made by a DOT employe related to a county trunk highway improvement project. The project agreement split various costs of the project with the State and the Federal Highway Administration (FWHA) paying 80% and the county paying 20%. When the right-of-way acquisition began, the claimant understood that all state and federal approvals were in place. However, the request for federal authorization of real estate funds was inadvertently never submitted by the DOT. The DOT employe responsible for submitting the authorization forms was apparently seriously ill at the time this oversight occurred. The claimant proceeded to acquire the necessary right-of-way in good faith and in full compliance of all other state and federal guidelines under the assumption that authorizations were in place. The oversight in federal authorization was discovered when the county attempted to seek reimbursement from FWHA. FWHA has denied the county reimbursement because prior authorization was not received according to their policy. The county requests reimbursement of its real estate costs related to the project, which were incurred due to DOT's error. The DOT recommends payment of this claim. The required request for federal authorization of real estate funds was not submitted due to the illness of a state employe, who has since taken a disability retirement. The error was not discovered until years later, when the county attempted to seek reimbursement. This claim has been fully investigated by the DOT and negligence has been found on the part of a DOT employe. However, it has been determined that the DOT does not have legal authority to directly reimburse the county for these costs. The Department therefore requests that the Claims Board reimburse the claimant for their real estate costs. The board recommends that the claim be paid in the amount of $76,150.00 based on equitable principles.
The Board concludes:
1. The claims of the following claimants should be denied:
Madison Metro/Great Lakes Electrical
Garver Feed & Supply
Nemec Barningham Foster Care
Reuben Johnson & Son, Inc.
Scott & Faith Fechmeyer
2.
Payment of the following amounts to the following claimants is justified under s. 16.007, Stats:
Julie Nickel $251.62
The Board recommends:
1. Payment of $9,926.00 to Robert and Dorothy Messner for damages to their orchard.
2. Payment of $13,785.25 to the City of West Allis, Wisconsin for real estate costs.
3. Payment of $56,300.00 to the City of West Allis, Wisconsin for real estate costs.
4. Payment of $76,150.00 to Walworth County, Wisconsin for real estate costs.
Dated at Madison, Wisconsin this 19th day of October, 1999.
Alan Lee, Chair
Representative of the Attorney General
Edward D. Main, Secretary
Representative of the Secretary of Administration
Sheryl Albers
Assembly Finance Committee
Lawrence A. Wiley
Representative of the Governor
State of Wisconsin
Office of the Governor
October 22, 1999
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Gleason, Edward J.,
of Muskego, as Administrator of the Division of Emergency Management, to serve for the term ending at the pleasure of the Governor.
Sincerely,
TOMMY G. THOMPSON
Governor
Read and referred to committee on Economic Development, Housing and Government Operations.
__________________
Relating to assignment of costs and opportunity sales.
Submitted by Public Service Commission.
Report received from Agency, October 27, 1999.
Referred to committee on Health, Utilities, Veterans and Military Affairs, October 28, 1999.
__________________
__________________
By Charles Sanders, chief clerk.
Mr. President:
I am directed to inform you that the Assembly has passed and asks concurrence in:
Assembly Bill 318
Assembly Bill 335
Assembly Bill 391
__________________
Assembly Bill
318
Relating to: the controlled substance methamphetamine and providing penalties.
By Representatives Kreibich, Rhoades, Brandemuehl, Urban, Suder, Klusman, Freese, Ladwig, Ainsworth, Nass, Musser, Seratti, M. Lehman, Stone, Albers, Pettis, Gunderson, Kelso, Skindrud, Kedzie, Olsen, Huebsch, Petrowski, Gronemus, Vrakas, Kestell, Montgomery and Ward; cosponsored by Senators Clausing, Moen, Zien, Panzer, Roessler, Darling, Huelsman, Schultz, Rude and Farrow.
Read first time and referred to committee on Judiciary and Consumer Affairs.
Assembly Bill
335
Relating to: allowing municipal courts to hold refusal hearings.
By Representatives Vrakas, Montgomery, Petrowski, Staskunas, Olsen, Huber, Spillner, La Fave, Stone, Ryba, Cullen, Musser, Rhoades, Brandemuehl, Powers, Goetsch, Grothman, Sykora, Gunderson and Albers; cosponsored by Senators Huelsman, Darling, Roessler, Drzewiecki and Grobschmidt.
Read first time and referred to committee on Judiciary and Consumer Affairs.
Assembly Bill
391
Relating to: disposable earning exempt from garnishment.
By Representatives Gunderson, Musser, Townsend, Turner, Sykora, Hahn, Petrowski, Hundertmark, Spillner, Gronemus, Kelso, Albers and Powers; cosponsored by Senator Darling
.
Read first time and referred to committee on Judiciary and Consumer Affairs.
__________________
Senator Risser, with unanimous consent, asked that the Senate adjourn until Tuesday, November 2 at 10:00 A.M..
Adjourned.
10:01 A.M.
