COMMON COUNCIL Minutes 20121113
COMMON COUNCIL - CITY OF MUSKEGO Unapproved
MINUTES OF MEETING HELD NOVEMBER 13, 2012
Mayor Chiaverotti called the meeting to order at 7:00 p.m. Present were Ald.
Schaumberg, Soltysiak, Glazier, Borgman, Harenda and Wolfe, Police Chief Geiszler,
Community Development Director Muenkel, and Deputy Clerk Blenski. Ald. Madden
was absent. The Deputy Clerk stated that the meeting was properly noticed.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #093-2012 – Recognition of Ronald Finco on His Retirement from the Muskego
Public Library. Ald. Borgman moved for adoption. Ald. Soltysiak seconded.
Motion carried 6 in favor. The Mayor thanked Mr. Finco for his dedicated years of
service.
Mayor Chiaverotti stated that Ald. Glazier would serve as the Council liaison on the
Muskego Senior Taxi Board and Ald. Wolfe would serve as the liaison regarding
Jammin’ on Janesville.
The Mayor recognized everyone that worked at the November 6 election as well as the
weeks prior assisting with absentee voting at City Hall. A record number of absentee
ballots were cast. She noted that 2012 was an extremely busy year; the elections ran
seamlessly thanks to the dedication of the City’s poll workers.
No one registered to speak under Public Comment.
CLOSED SESSION
The Mayor announced that the Council would convene into closed session. Ald.
Borgman 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. Soltysiak seconded. Motion carried 6 in favor. Mr. Muenkel and City Attorney
Korom were present for closed session.
OPEN SESSION
Ald. Wolfe moved to reconvene into open session. Ald. Glazier seconded; motion
carried.
NEW BUSINESS
Reso. #110-2012 – Resolution Regarding Retroactive Pay for Former Employees. Ald.
Schaumberg moved for adoption. Ald. Harenda seconded.
Discussion:
Mayor – The financial impact is not significant; however, this is a policy decision and
should not be driven by dollars. When Ms. Mueller discussed the retro pay, she noted
that it was for active employees.
Ald. Soltysiak – Clarified that the City does not have any legal liability to award the
adjustment. City Attorney Korom agreed.
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November 13, 2012
Ald. Harenda – This should not occur in the future as the Council has determined to
budget for increases with the intent to award them at the beginning of the year.
Ald. Glazier – Agrees with Ald. Harenda. Wage adjustments should be done in
January. He believes the former employees are entitled to the retro pay because the
Council made the decision to award the COLA late in the year.
Ald. Wolfe – Believes this should be a one-time decision. The Council needs to
establish a policy going forward.
Ald. Soltysiak – The decision will set precedence. Does not believe the employees that
left are entitled to the adjustment.
Ald. Glazier – If a precedent is set, it is only until a future Council determines to do
something different.
Police Chief Geiszler – Believes past employees are entitled to the retro pay. This is a
fairness issue. The situation is a result of the Council not approving the COLA until
August. That is not the employees’ problem. The affected employees worked the hours
and retired in good standing after years of dedicated service.
Ald. Borgman – He supports Option A (“Reward all past employees with retro pay that
were employed in 2012 including those that were terminated, quit or retired”). The
employees worked the hours. The precedent should be set that the City takes care of
its employees.
Ald. Glazier moved to amend to insert Option A. Ald. Borgman seconded. Motion
carried 4 in favor with Ald. Schaumberg, Glazier, Borgman and Harenda voting
yes and Ald. Soltysiak and Wolfe voting no.
Ald. Wolfe moved to remove Option A and insert Option C (“Reward only the
employees that retired in 2012”). Ald. Soltysiak seconded.
Ald. Soltysiak and Ald. Wolfe do not believe employees in the private sector are
rewarded after they leave.
Mayor Chiaverotti – Could support Option C or B. Has difficulty awarding retro pay to
an employee who was terminated.
Motion carried with Ald. Schaumberg, Glazier and Borgman voting no and Ald.
Soltysiak, Harenda and Wolfe voting yes with the Mayor breaking the tie and
voting yes.
Reso. #110-2012, as amended, adopted 4 in favor and Ald. Glazier and Ald.
Borgman voting no. Ald. Glazier and Ald. Borgman stated they voted no because they
both supported Option A.
UNFINISHED BUSINESS
Reso. #102-2012 – Resolution to Accept the Acquisition of Tax Key No. MSKC
2196.952 from Waukesha County (Former BP Gas Station – S75 W17237 Janesville
Road). On the floor, deferred 10/23/2012. Mr. Muenkel stated that he will ask for this
and Reso. #103 to be deferred. Waukesha County needs additional time to determine
how the acquisition will be finalized. Ald. Harenda stated the extent of the
contamination is still uncertain. He would like to see more updated data. Ald. Glazier
moved to go forward with the resolution, which recommends that the County sell
the parcel to the City for $1. This may prod the County along and does not commit
the City in any way. Ald. Soltysiak seconded. Motion carried 6 in favor.
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November 13, 2012
Reso. #103-2012 – Wisconsin Ready for Reuse Loan and Grant Program. On the floor,
deferred 10/23/2012. Motion to adopt carried 6 in favor.
CONSENT AGENDA
The Mayor requested the removal of Reso. #107 and Ald. Soltysiak requested the
removal of Reso. #109. Ald. Borgman moved to approve the remaining items
under the Consent Agenda. Ald. Glazier seconded. Motion carried 6 in favor.
The following items were approved:
Operators’ Licenses for Brittani Hanson, Sandra Hoormann, Kenneth Metz, Barry
Moore, Katie Musurlian and Lindsey Phenis
Approval of Common Council Minutes – October 22, 2012
Reso. #105-2012 – Resolution Authorizing the Mayor to Approve Vouchers
Reso. #106-2012 – Approval of Certified Survey Map - Lapp
Reso. #108-2012 – Resolution to Move Forward with Project Budgeted in 2013
(Badertscher Preserve)
NEW BUSINESS
Reso. #107-2012 – Approval of Fire Protection Agreement with Tess Corners Volunteer
Fire Department for 2013. Ald. Soltysiak moved for adoption. Ald. Harenda
seconded. The Mayor requested that the agreement be amended to state that a copy
of the quarterly report be submitted to the City. Ald. Soltysiak moved to amend the
fifth paragraph to reflect that a copy of the quarterly report will be submitted to
the City Clerk. Ald. Wolfe seconded. Motion carried 6 in favor. Reso. #107-2012,
as amended, adopted 6 in favor.
Reso. #109-2012 – Acceptance of Proposal – Facilities Study. Ald. Borgman moved
for adoption. Ald. Schaumberg seconded.
Discussion:
Ald. Soltysiak – He was not in favor when money was initially budgeted. He still does
not support, which has nothing to do with the consultant that was chosen. He does not
believe this type of comprehensive study is needed right now. There are some specific
needs that should be addressed, such as the Parks & Recreation Bldg. and facilities for
Parks & Rec programs. The money spent on the study could be used to address those
needs.
Ald. Borgman – It is only prudent to take a look at all the City facilities. There are more
issues that exist than the few that Ald. Soltysiak noted. The money was appropriated
several years ago. He supports doing the study.
Ald. Harenda – He would like to hear the concerns that exist first before committing
funds for a study. This is premature.
Mr. Muenkel – The study will provide information regarding the City’s facilities that will
be able to be used in the future. As noted at the Finance Committee, the firm of
Zimmerman Architectural Studios, Inc. has been recommended. It is anticipated that
the consultant will provide a long-range plan of projects the City can do over time. They
will also provide a payback analysis. This will certainly be beneficial for budgeting
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November 13, 2012
purposes going forward. The consultants will look at how the City’s facilities function,
not only now, but in the future. Mayor Chiaverotti believes that the study will provide
more efficiency, which would improve customer service.
Ald. Wolfe would like to hear the needs from the employees first. Mr. Muenkel stated
that several departments have already expressed needs. That is why the study was
proposed so all the facilities and departments could be evaluated.
Ald. Glazier supports thinking “out of the box,” but the consultants will need some
direction regarding financial constraints and what the goals of the study should be. The
Mayor stated the consultants will provide several options; the City does not have to
choose to do any of them.
Ald. Wolfe moved to defer until more information is available. Ald. Harenda
seconded. Motion failed with Ald. Harenda and Wolfe voting yes and Ald.
Madden, Schaumberg, Glazier and Borgman voting no.
Ald. Soltysiak stated that the City is not facing the same issues as the School District.
This could be put off for several years.
Motion to adopt Reso. #109-2012 carried with Ald. Schaumberg, Glazier, Borgman
and Wolfe voting yes and Ald. Soltysiak and Harenda voting no.
Mr. Muenkel was dismissed.
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: October 9, 2012 Finance Committee, October 3,
2012 Public Safety Committee and October 2, 2012 Plan Commission.
VOUCHER APPROVAL
Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of
$113,933.31. Ald. Harenda seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of General Fund Vouchers in the
amount of $972,712.18. Ald. Glazier seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of Wire Transfers for Payroll
Transmittals in the amount of $621,901.19. Ald. Harenda seconded. Motion
carried 6 in favor.
ADJOURNMENT
Ald. Glazier moved to adjourn at 8:50 p.m. Ald. Harenda seconded; motion
carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk