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COMMON COUNCIL Minutes 20120828 COMMON COUNCIL - CITY OF MUSKEGO Approved: 09/11/2012 MINUTES OF MEETING HELD AUGUST 28, 2012 Mayor Chiaverotti called the meeting to order at 8:05 p.m. Present were Ald. Madden, Schaumberg, Soltysiak, Glazier, Borgman, Harenda and Wolfe. Finance and Administration Director Mueller and Recording Secretary McMullen were also present. The Pledge of Allegiance was recited. The Recording Secretary stated that the meeting was properly noticed. COMMUNICATIONS FROM THE MAYOR’S OFFICE None. PUBLIC COMMENT None. CLOSED SESSION The Mayor announced that the Council would convene into closed session. The Recording Secretary was dismissed following recording the motions and votes for closed session. Ald. Galzier moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically recent developments regarding Parkland Venture, LLC vs. City of Muskego. Ald. Borgman seconded. Motion carried 7 in favor. Ald. Harenda moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically discussion of Notice of Claim filed by Mike Moore against the City. Ald. Glazier seconded. Motion carried 7 in favor. OPEN SESSION Ald. Borgman moved to reconvene in open session. Ald. Harenda seconded; motion carried. NEW BUSINESS Reso. #082-2012 -Resolution Regarding Employee Handbook Transition – The City’s Labor Attorney, Jim Korom, was present and explained the purpose of this resolution is so the employees know what rules pertain to them until the new handbook is adopted. Ald. Madden moved for adoption. Ald. Schaumberg seconded. Motion carried 7 in favor. Reso. #083 -2012- Authorize Execution of the Labor Agreement between the Muskego Police Association and the City of Muskego – January 1, 2012 to December 31, 2013 – Ald. Schaumberg moved for adoption. Ald. Glazier seconded. Attorney Korom reviewed the contract with the Council. Attorney Korom noted the contract is in line with other police settlements and within the City’s budget for 2012 and reflects taxpayer savings. The Police Department will still be providing the same quality of service and made a sincere effort in negotiations. Motion carried 7 in favor. Common Council Minutes 2 August 28, 2012 Reso. #081-2012- Approval of 2012 Cost of Living and Benefit Adjustments for Employees of the City of Muskego – Ald. Schaumberg moved for adoption. Ald. Madden seconded. Ald. Soltysiak questioned if this has been modeled after the Police Agreement and noted that has been the case in the past. Mayor Chiaverotti explained the 2% was budgeted in the 2012 budget and the health insurance aspect is modeled after the police contract. Discussion took place related to the COLA being approved for 2012 and retro paid and the health insurance increase for 2012 and 2013 with no retro towards the premium. Director Mueller explained the 2012 COLA increase has been budgeted and there was an 8% increase for health insurance added into the budget; which will actually be 9% for an additional savings to the City. Mayor Chiaverotti noted the 5.9%, and any increase for 2013 for the WRS contribution, is already being paid by all nonrepresented employees per State Law. Ald. Glazier questioned how the 2% was determined. Mayor Chiaverotti explained 2% was the State’s recommendation that was applied to Act 10. Attorney Korom explained since the Walker reforms the state has determined what the cost of living for the state is. Other municipalities have mixed situations. If they have money available in the budget they give the cost of living and if they do not have the money available they do not give it. No municipality has given over 2%. In 2011 employees did not receive a cost of living increase and had a 5.8% pay cut. nd Ald. Soltysiak requested the 2 whereas stating Whereas, nonrepresented employees as well as employees formerly represented by unions did not receive a cost of living rd adjustment in 2011 be removed and the 3 whereas be changed to read Whereas, the Common Council budgeted approved a 2% COLA within the 2012 Operating Budget. Ald. Harenda agreed and clarified a 2% COLA increase was not approved, but only budgeted. Ald. Soltysiak clarified that cost of living is not based on merit or to make up for WRS contribution. Ald. Galzier noted that because it was budgeted for it should be paid. Employees are contributing more towards their benefits. Ald. Galzier also noted that moving forward if we don’t want COLA it should not be budgeted. Ald. Borgman stated he will vote in favor for the COLA increase. He explained he has worked many years and did not receive a COLA increase, however, he did receive profit sharing which is something that cannot be within a municipality. Ald. Soltysiak moved to amend Resolution 081-2012 to remove the second whereas stating Whereas, nonrepresented employees as well as employees formerly represented by unions did not receive a cost of living adjustment in 2011 and the third whereas be changed to read Whereas, the Common Council budgeted approved a 2% COLA within the 2012 Operating budget; and also the NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Muskego does hereby approve a 2% cost of living adjustment for all employees except Common Council Minutes 3 August 28, 2012 represented police personnel retroactive to January 1, 2012. Ald. Harenda seconded. Resolution 081-2012 was amended 7 in favor. Ald. Soltysiak noted that the WRS contributions will be increased in 2013 and health insurance will increase to 9% this month and 10% January 1, 2013. With the 2% increase the employees will stay about the same with take home and the City will still see a savings. Resolution 081-2012, as amended, was approved 7 in favor. Reso. #080-2012- Approval of Lease Agreement with Inland Finance Company for a City Hall Refreshment Center – No discussion took place. UNFINISHED BUSINESS Ord. #1352- An Ordinance to Amend Chapter 32 of the Municipal Code of the City of Muskego. Second Reading. Ald. Glazier moved for adoption. Ald. Harenda seconded. Ald. Borgman explained these changes to the Fire Prevention Code relating to sprinkler requirements bring the Code more in line with the rest of the state and in some cases is more rigid. Motion carried 7 in favor. CONSENT Ald. Borgman moved to approve the items under the Consent Agenda with the removal of Reso. #080-2012. Ald. Soltysiak seconded. Motion carried 7 in favor. The following items were approved: Approval of Operators’ Licenses for Nicholas Grochowski and Cheryl Scherer. Approval of Common Council Minutes – July 24, 2012 and August 16, 2012 Reso. #077-2012- Appointment of Citizen Member to the Community Development Authority Reso. #078-2012- Appointment to Veolia Environmental Services Emerald Park Landfill, LLC Standing Committee Reso. #079-2011- Resolution of Eligibility for Exemption from the County Library Tax Levy for 2013 REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: Finance Committee – June 26 and July 10, 2012 Public Safety Committee – July 12, 2012 Parks & Recreation Board – June 11 and July 9, 2012 LICENSE APPROVAL Ald. Soltysiak moved to approve the following: Temporary License to Sell Fermented Malt Beverages Muskego Area Chamber of Commerce – November 17, 2012 Muskego’s Country Christmas, W184 S8074 Racine Avenue Ald. Harenda seconded. Motion carried 7 in favor. Common Council Minutes 4 August 28, 2012 VOUCHER APPROVAL Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of $211,108.95. Ald. Harenda seconded. Motion carried 7 in favor. Ald. Borgman moved for approval of payment of General Fund Vouchers in the amount of $343,578.48. Ald. Harenda seconded. Motion carried 7 in favor. Ald. Borgman moved for approval of payment of Debt Service Wire Transfer in the amount of $47,557.50. Ald. Glazier seconded. Motion carried 7 in favor. Ald. Borgman moved for approval of payment of Payroll Transmittals Wire Transfer in the amount of $436,603.48. Ald. Harenda seconded. Motion carried 7 in favor. CITY OFFICIALS’ REPORTS The September calendar was reviewed. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Ald. Harenda moved to adjourn at 11:00 p.m. Ald. Glazier seconded; motion carried. Respectfully Submitted, Kellie McMullen Recording Secretary