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COMMON COUNCIL CITY OF MUSKEGC
MINUTES OF MEETING HELD APRIL lqth, 1966 ,
The meeting was called to order at 6:40 P.M. by Mayor Gottfried.
Present were Mayor Gottfried, Aldermen Edmund Budish, Sivier Joost, Jr, S. Robert Lentini, Roland Linck, Donald Wieselmann and Walter Wollman. Also present were Clerk Bette Bowyer and Attorney Hippenmeyer.
Absent - Alderman Myron Weaver was out of the State due to a family emergency.
Minutes - Alderman Budish moved that the minutes of the previous meeting held on April 12, 1966, be accepted and placed on file. Seconded by Alderman Wieselmann. Alderman Budish corrected the minutes under License Approval to read "that the Common Council approve Operator's Licenses for Mrs. Freda Berube and that Operator*s Licenses for John Churillo, Gilbert Gumieny and James Lovald be approved upon receipt of an acceptable fingerprint report fr,om the Sheriff's Department 'and an approved medical report".
The mot$on to accept-the minutes, as oorrected, carried.
COMMITTEE REPORTS - None
UNFINISHED BUSINESS
Alderman Wieselmann moved for the reconsideration of Resolution #134, i.e. To Authorize Payment to Victor Lemke for Assessment Error. Seconded by Alderman Wollman and the motion carried. Alderman Wieselmann moved to amend Resolution #134 as follows: The fourth paragraph to read "WHEREAS Mr. Victor Lemke has a refund of $40.30 due him as a result of error in assessment which was not the fault I of the Assessor." Seconded by Alderman Wollman. In answer to a question by Alderman Budish as to how this error originated, Alderman Wieselmann stated that the error came about because a permit had not been issued by the Building Inspector to demolish the cottage of Mr. Lemke. The motion to amend Resolution #134 carried. Upon a roll call vote the motion to adopt Resolution, as amended, carried. Aldermen Joos:t, Lentini, Linck,Wieselmann and Wollman voting "aye" and Alderman Budish voting "No".
COMMUNICATION FROM THE MAYOR'S OFFICE
Mayor Gottfried commented briefly on his appointments to the various standing committees and on the responsibilities of the committees.
NEW BUSINESS
Alderman Wieselmann presented Resolution #136 as- follows:
WHEREAS, the offices of Clerk-treasurer, Assessor and Constable of the City of Muskego were heretofore appointed by the Mayor and ' confirmed by the Common Council, and
WHEREAS, by Referendum Vote at the April 5, 1966 General Election
said offices were made elective and separate,
NOW THEREFORE BE IT RESOLVED that pending the election of a Constable, Clerk, Assessor, Treasurer in accordance with said referendum, that the Common Council of the City,of Muskego shall accept appl5.cations
for said offices, and that the applicant for each said office receiving a majority vote of the members of the Common Council shall be certified as the holder of said office,
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Page 2.
That applicants for said offices shall be 21 years of age on
or before April 5, 1966, a resident of the City of Muskego, Waukesha County, State of Wisconsin, submitted in writing, subscribed and sworn to under oath, and containing a declaration of intent to accept and carry out the duties of said office
if elected thereto as provided herein.
That said applications shall be accepted by the President of
the Common Council up to 5:OO o*clock in the afternoon, Wednesday, the 4th day of May, 1966. That the President of the Common Council shall file in writing a certified list of qualified
applicants for each said office with the Deputy City Clerk on or before s:OO o'clock in the afternoon, Friday, May 6, 1966.
That the Common Council of the City of Muskego shall elect,
by a majority vote of its members, a Clerk, Assessor, Treasurer and Constable,
of May, 1966. at its regular meeting on Tuesday, the 10th day
That the Deputy Clerk is instructed to place appropriate notices in a newspaper circulated in the City of Muskego, inviting
applicants to apply for said offices in accordance herewith.
Submitted by,
Alderman Donald Wieselmann
Alderman Wieselmann moved for the adoption of Resolution #136,
seconded by Alderman Lentini. Attorney Hippenme leading up- to the presentation of Resolution,#13 i! er revieti'events
d He-questioned the adyisability of adopting it at this time, At this point
Mayor Gottfrled referred to the Rules of Order and suggested that AIderman Wieselmann move for the suspension of Rules in
order that Resolution #136 could be acted upon. Alderman Wieselmann moved to suspend the Rules that would allow action
on Resolution #136. Seconded by Alderman Lentini and the motion
carried. Alderman Wieselmann stated that after listening to
the opinion of Attorney Hippenmeyer he could see nothing that would stand in the way of this Resolution as it was presented
and he asked that the Aldermen consider Resolution #136 and pass
it as such so that it could be acted upon as it is stated.
Alderman Joost questioned whether or not this Resolution would
adhere to the wishes of the people. He indicated that the
Council would still be voting as 7 people but not as a commun-
ity.
Mayor-Gottfried then gave-the Chair to Ald. Budish so he could enter thediscussion. He stated that we can all agree that as a result
of the referendum we know how the people felt. However, he did
not feel that he, as Mayor, could permit an illegal act to be
performed by this Common Council and that he thought that in the
face of the questions that have been posed by Mr. Hippenmeyer
it would be wise to give him a week in order to do research so
he could give a strong legal opinion on April 26th. He indicated there were strong doubts in his mind as to how a resolution
would change the Charter Ordinance. He advised that it would
be most wise to have a week's research on this so thatthe Council
could act intelligently on this matter.
Alderman Wieselmann stated that this Resolution could be passed at this time. He stated that it was proper to act upon it and
he would advise that it be acted upon at this time.
Alderman Budish stated that this was done on the spur of the
moment and that he felt the legal counsel should have at least one week to do reeearch on this problem.
Upon a roll call vote to adopt Resolution #136, Aldermen Linck,
Wieselmann, Wollman and Lentini voted "aye". Aldermen Joost and Budish voted "no". The motion to adopt Resolution #136 carried.
Page 3.
ELECTION OF COUNCIL PRESIDENT AND A COUNCIL MEMBER TO THE PLAN
COMMISSION
Mayor Gottfried asked that the two reporters present act as
ballot clerks. On the nominating ballot for CouncilBresident,
Alderman Wieselmann received 5 votes, Alderman Budish received
1 vote. On the ballot to elect a Council President, Aldermann
Wieselmann received 5 votes and Alderman Budish received 1 vote.
Alderman Wieselmann was elected Council President.
e On the nominating ballot for a Council member to serve on the Plan Commission, Alderman Lentini received 5 votes and Alderman
Joost received 1 vote. On the election ballot of a Council
member to serve on the plan Commission, Alderman Lentini received
5 votes and Alderman Joost received 1 vote. Alderman Lentini was
elected to serve on the Plan Commission.
Resolution #135 - The Clerk read Resolution #135, i.e. Appointment
of Assistant Building Inspector. Alderman Budish moved for the
adoption of Resolution #135, seconded by Alderman Joost. Alderman
Budish moved to amend Resolution #135 by adding the words "and
who shall act only in the absence of the regular Building Inspector"
to the fourth paragraph. Seconded by Alderman Joost. The motion
to amend Resolution #135 carried. Alderman Wieselmann stated
that he thought Resolution #135 could be rewritten and clarified.
He moved to refer Resolution #135 to a later meeting, seconded by
Alderman Lentini. Mayor Gottfried stated that it was necessary
to act on this Resolution at this time as Mr. Lee was attending
a Building Inspector's Convention in Green Bay on the 20th, 21st
and 22nd of April. Alderman Wieselmann indicated that according
to last month's Building Report he did not feel that it would
place any hardship on the people of the City to be without a
Building Inspector for three days. Kt this point Clerk Bette
Bowyer requested permission to speak. She indicated that on that
particular morning the Building Inspector had received at least
10 calls between 6~00 A.M. and 6~30 P.M. She stated that she
could handle the office work in the City Hall in regard to
Building Codes, etc., but that she is not qualified to work in
the field. Alderman Lentini moved to amend Resolution,#ljs by
adding the words "for these three days, April 20, 21 and 22, 1966,
in the absence of the regular Building Inspector until further
study is given on this Resolution" at the end of the third and
fourth paragraph. Seconded by Alderman Linck. Upon a roll call
vote the motion to adopt Resolution #135, as amended, carried
unanimously.
COMMUNICATION AND MISCELLANEOUS BUSINESS
l The Clerk read a Proclamation in regard to the Cancer Drive submitted by Mayor Gottfried.
Resolution #133 - Alderman'hlieselmann moved that Resolution #133
be brought back to the Council table for reconsideration. Seconded
by Alderman Linck and the motion carried. Alderman Wieselmann moved that Resolution #133 be amended so as to read that the
Comon Council could decide on the official newspaper for the City of Muskego. Seconded by Alderman Lentini. Alderman Budish stated that we are obligated to accspt the lowest bid and we have no
other choice. Attorney Hippenmeyer read quotes from the State
Statutes and indicated that the motion to amend Resolution #133 w would be illegal.
After considerable discussion, upon a roll call vote to amend
Resolution #133, Alderman Joost, Linck, Wieselmann, rWollman and
Lentini voted 'aye". Alderman Budish voted "no".
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Page 4.
Alderman Budish congratulated Alderman Wieselmann
Lentini to their new offices of Council President
and Alderman
and Plan
Commission.
4 Alderman Wieselmann expressed his gratitude to the votes his fellow Aldermen gave him in allowing him to serve as President
of the Council.
e Alderman Lentini thanked the Aldermen for voting for him to serve on the Plan Commission.
Alderman Lentini moved to adjourn the meeting, seconded by Alderman Wieselmann. The meeting adjourned at 8:00 P.M.
Respectfully submitted,
je
HONORABLE ALDERMEN OF THE COMMON COUNCIL OF THE CITY OF MUSKEGO
Gentlemen:
On April 19, 1966, your Honorable Body took the following action to amend Resolution #133.
'To have the Common Council decide on the official newspaper for the City of Muskego."
Although I have no objections to your intent, which was to permit your body to make the final selection of the official newspaper for the City of Muskego, the laws of the State of Wis- consin do not provide for such a prerogative.
The Law of the State of Wisconsin provides as follows:
Sec. 985.06 OFFICIAL CITY NEWSPAPER. (1) In Cities of the second and third class, the clerk shall, on or before the second Tuesday of April, advertise in the official city news- paper, or if there is none, in a newspaper published in the city and eligible under ~1.985.03 for separate proposals to publish in English (a) the council proceedings, and (b) the city's legal notices, respectively, for the ensuing year, inviting bids from all daily and weekly newspapers, pub- lished in such city which are eligible under s 985.03, also stating the security required with each bid, which shall be previously fixed by the council, the bids in writing, sealed, and requiring delivery of at the clerk's office by 12 noon of the first Tuesday of May. At that hour, the clerk shall, in the presence of the mayor or an alderman, open the bids and enter them in a record kept for that purpose. No bid from other than a newspaper legally invited to bid, or for more than the legal rate for like work, shall be of any effect. The paper making the lowest effective bid for the city's legal notices shall be awarded the contract therefor. If 2 or more effective bids are for the same price, and no lower effective bid is filed, the clerk shall transmit such tie bids to the council at its next meeting and the council shall designate the successful bid. If no effective bid is received, the council may direct the clerk to readvertise as before. Each successful bidder shall execute a contract in accordance with the bid and file such bond for its performance as the council requires. No such paper shall receive more or less than the contract price nor any other compensation for the work. The paper securing the contract for the publishing of the city's legal notices shall be the official city news- paper.
As you can clearly see, no provision is made for Common Council approval except in the case of duplicate bids. The fact that improper procedure was used by the previous Council does not make it proper for this Council to duplicate their action.
The image of our City is affected by the action of your body, and I do not believe that image can be enhanced when actions are taken which are contrary to the laws of the State of Wisconsin.
It is for this reason that I find it necessary to veto your action to amend Resolution #133.
I sincerely hope that upon further reflection you will agree with these findings and sustain my veto.
4/21/66 .ie
APRIL 22, 1966
I, BETTE J. BOWYER, CLERK OF THE CITY OF MV~KE~O, DO
HEREBY CERTIFY THAT OR APRIL 22, 1966, THE HAYOR OF TEE
CITY, SVEBHITTED TO THIS OFFICE HIS INTENTION TO VETO
RESOLVTIQN #I36 AND RESOLVTION #I33 AS ANENDED, ADOPTED
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