Loading...
COMMITTEE OF THE WHOLE Minutes - 6/11/2019 Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES June 11, 2019 5:30 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 5:48 p.m. ROLL CALL Present: Alderpersons Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Also present: Police Captain Constantineau, City Attorney Warchol, Deputy Clerk Blenski and Account Clerk Pulles. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES Alderperson Kubacki moved to approve the April 23, 2019 and May 28, 2019 minutes. Alderperson Madden seconded; motion carried. NEW BUSINESS Presentation by Attorney Fred Tabak Regarding Ongoing Opioid Litigation throughout the County Attorney Tabak was present. He is working with a consortium of trial law firms that specialize in pharmaceutical litigation. The consortium is seeking local governmental entities to participate in the litigation. City Attorney Warchol stated tonight’s presentation will provide information for the Committee of the Whole to decide if Muskego should join in the litigation. Attorney Jeff Gaddy was contacted by phone to provide information and respond to questions. He is an experienced attorney with Levin Papantonio, a nationally recognized litigation firm. The goal is to ensure that local governments are justly compensated for the public health crisis and costs imposed on them by the manufacturers and distributors of opioids. Following the presentation, Mayor Chiaverotti thanked Attorneys Tabak and Gaddy. She stated this will be on a future agenda for further discussion. Attorney Warchol suggested the Committee digest the information. The Common Council could discuss further in a closed session. Review of Water Bugs Ski Team, Inc. and City of Muskego Lease Agreement for the Idle Isle Pavilion Attorney Warchol stated he wanted to review the Agreement with the Committee and discuss some issues. The lease expires in April of 2020 and gives the Water Bugs Ski Team exclusive rights to the concession area at Idle Isle. The idea behind the lease was that the organization would have volunteers manage the concession area. The City did not intend that a for-profit business would be involved. Last year, the City did not know that the Water Bugs had an arrangement with Matty’s to operate the concession area. Apparently, the contractor has continued to work with the team for the 2019 season. 2 June 11, 2019 Attorney Warchol stated this is a violation of the Lease Agreement. The Water Bugs never communicated to the City that an outside vendor was being used. It is his opinion that this activity should not be allowed now that the City is aware of it. The municipality could potentially incur liability. Mayor Chiaverotti stated she was told that the Water Bugs do not have enough volunteers to staff the concession area. Not allowing Matty’s to provide concession service would be detrimental to the organization. She would like to see the contractor be allowed to operate there until the end of the 2019 season. Alderperson Wolfe stated the City needs to be consistent with all the organizations and not make exceptions. The Water Bugs Ski Team needs to step up. The City is not here to make things easy. Several Alderpersons questioned the lack of volunteers. The Mayor noted that volunteerism in general is at an all-time low. Many organizations are struggling. She further suggested that the Water Bugs did not realize the Lease Agreement was being violated; all the participants are volunteers. The possibility of a separate agreement with Matty’s was discussed. Attorney Warchol expressed concern regarding that because the City would be selecting one vendor without have gone through the RFP process. Alderperson Kubacki expressed concern about the City’s potential liability and believes the organization has to be told that it can only sell concessions staffed by volunteers and not use a for-profit vendor. Alderperson Kapusta expressed concern that the Water Bugs would be hurt by that action. The consensus of the Committee was to inform the Water Bugs Ski Team that it could no longer use a for-profit vendor in accordance with the existing Lease Agreement. Alderperson Kapusta did not agree. ADJOURNMENT Alderperson Kubacki made a motion to adjourn at 6:42 p.m. Alderperson Kapusta seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.