August 21, 2013 at 4:36 p.m.

Nicolet College board debates state statute governing tech school building projects

Nicolet College board debates state statute governing tech school building projects
Nicolet College board debates state statute governing tech school building projects

In September, the Nicolet Area Technical College Board of Trustees will decide how it views a planned 2014 renovation of the college's Learning Resources Center (LRC) - either one $4.5 million project, or three individual $1.5 million projects.

The distinction is key since under state statute a technical college can borrow money to complete a $1.5 million building project without voter approval. Any project exceeding that $1.5 million cap must go to referendum.

Pursuing multiple projects in one building at the same time is not unusual for Nicolet. It is how the college has upgraded many of its facilities in recent years. For example, in 2011 a renovation and addition was completed for the Northwoods Center. It was separated into three different projects, none exceeding the $1.5 million cap. The same was done for a renovation of the school's University Transfer Center building last year.

Now Nicolet officials are considering a renovation of the LRC, the oldest original un-remodeled building on the Rhinelander campus. Tuesday, Tom Twohig of the firm SDS Architects presented a proposal to Nicolet's board calling for three separate instances of $1.5 million borrowing to fund improvements to the LRC. One project would be upgrades to the building's 43-year-old HVAC and electrical system. The second project would resolve several building code issues related to bathrooms, the elevator and stairways. The third project would cover the building's exterior (i.e. roof and window replacement).

However, board trustee Dave Hintz is questioning whether that is the proper way to proceed with the project. Hintz said he supports the remodeling that needs to be done, but he views it as a single $4.5 million project that requires a referendum vote. Hintz expressed the same concerns two years ago when plans were being developed for the University Transfer Center project. He was the sole dissenting vote when the board of trustees approved that project as three $1.5 million remodeling efforts.

"If we view (the LRC remodeling) as one project instead of three separate projects, it would require going to referendum," Hintz said. "The reason I view it that way is it's concurrent projects being done by one contractor. It seems unusual borrowing money at three different times for work being done at the same time. I think the borrowing is a work around the statute."

"Say it was three $1.5 million projects in three different buildings. Would you object to that too?" Nicolet College President Elizabeth Burmaster asked Hintz.

She said it appears Hintz's issues are more with how the Wisconsin Technical College System Board interprets the statute regarding the $1.5 million building project cap.

"For decades they have interpreted the statute this way," Burmaster said. "All colleges do it. The intent of the statute is for colleges to be able to continually keep up on remodeling. Nobody is trying to get around a referendum. You're doing the other part that the Legislature says you must do which is trying to keep these buildings up. You have to have the authority to do that."

"Colleges have to be nimble," Burmaster added. "Some of these colleges are remodeling every two or three years because the technology changes. (The statute) wasn't devised to get around a referendum."

When this issue was last brought up two years ago, Hintz referenced a failed $23.5 million referendum from 2006 that would have built a new Health Occupation and Science Center and funded other remodeling projects on the Rhinelander campus. Hintz said a taxpayer told him that despite the referendum failing, Nicolet officials proceeded with those plans anyway by keeping projects under the $1.5 million cap. It was noted during that discussion though that projects completed since 2006 haven't equaled - in scope or dollar amount - what was called for in the referendum. For example, the proposal called for construction of a completely new building, which could not be justifiably divided into $1.5 million projects.

Board trustee Marcie Metropulos said going to referendum for the $4.5 million LRC remodeling wouldn't likely change the board's process.

"If we go to referendum and it's turned down again and again, we have no choice but to do something like this because we have to keep these buildings up," Metropulos said. "We'd have a mess in these buildings if we didn't have a tactic to use to get work done. I somewhat fear a referendum would force us to use this tactic anyway."

Hintz said his goal is to see the process done properly.

"A referendum is the appropriate course in my opinion," he said. "I think the building needs the work, but this is one project. That's how I read the rules."

Two resolutions will be drafted for the board to consider at its September meeting. One will be to bring the LRC remodeling to the state board for approval as a single $4.5 million project, thus requiring a voter referendum. The other resolution will be to present it as three separate $1.5 million projects.

"You have to vote in September because the state board meets in November, we would put the project out to bid in January, then it would start in May," Burmaster said. "If you don't vote in September, we're doing nothing."

Kyle Rogers may be reached at [email protected].

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