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FM20030319 CITY OF MUSKEGO FINANCE COMMITTEE MINUTES Approved Wednesday, March 19, 2003 7:00 PM Muskego City Hall, Aldermen’s Room W182 S8200 Racine Ave. Mayor Slocomb called the meeting to order at 7:09 PM. In attendance were Committee Members Ald. Petfalski, Ald. Salentine, and Ald. Patterson, Finance Director Dawn Gunderson, Police Chief John Johnson, Conservation Coordinator/Forester Tom Zagar, and those per attached sheet. Those present recited the Pledge of Allegiance. The meeting was posted in accordance with the Open Meeting Law on March 14, 2003; first, second, and third amended agenda on March 17, 2003; and fourth amended agenda on March 18, 2003. REVIEW OF MINUTES OF PREVIOUS MEETING The minutes of the March 11, 2003 Finance Committee Meeting were reviewed. Ald. Patterson moved to approve the minutes. Seconded by Ald. Salentine. Carried by all. LICENSE APPROVALS Ald. Petfalski moved to recommend approval of Operator’s License for Lisa Rupp, Nicholas Schmidt, Brooke Feest, Crystal Person, Cathy Safarik, and Scott Hart subject to receipt of fees, favorable police reports, and verification of schooling. Seconded by Ald. Salentine. Carried by all. Discussion continued on what action can be taken when candidates do not answer all the questions. The State requirement is taking the Responsible Beverage Service Course and passing course test. The State does not require going before a committee as required by the City of Muskego. The Finance Committee can request a candidate to return to a future Finance Meeting for further questioning. Ald. Patterson asked if the Committee could be more restrictive. Mayor Slocomb to follow up on request. PERIODIC LICENSE REVIEW Brian Ward – 3-month review of Operator’s License – The Finance Committee at the March 5, 2003 meeting requested the presence of Mr. Ward at the March 19, 2003 Finance Meeting to discuss conditional 3-month review for the Operator’s License Ward currently holds and possible revocation or suspension of that license. Mr. Ward was not present at March 19, 2003 Finance Meeting. Mayor Slocomb asked the Clerk’s Office to obtain disposition information regarding Mr. Ward’s arrest. There is no final disposition; the trial date is set for May 14, 2003. Ald. Petfalski moved to defer until a time after May 14, 2003 and requested Clerk’s Office check disposition of trial. Seconded by Ald. Salentine. Carried by all. Convene into Closed Session – Mayor Slocomb read the Notice of Closed Session. Ald. Petfalski moved to go into closed session at 8:15 PM pursuant to §19.85 (1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically, grievances filed by the Wisconsin Professional Police Association, Grievances #03-163 and #03-164 (tuition reimbursement). Seconded by Ald. Patterson. Upon roll call vote, motion carried 3 - 0. Convene into Open Session – Ald. Petfalski moved to convene into open session at 9:32 PM. Seconded by Ald. Salentine. Upon roll call vote, motion carried 3 - 0. UNFINISHED BUSINESS Consider tuition reimbursement Grievance #03-163 – This is a grievance pertaining to request for reimbursement of 2001 tuition. The base of the grievance is violation of Article 5, Wages, Section 1 B; Educational incentive that employees will be reimbursed up to $1,000.00 annually per the current City Policy. Ald. Petfalski moved to approve $1,000.00 limit across contract time period. Seconded by Ald Salentine. Carried by all. Grievance #03-164 – This is a grievance that pertains to request for reimbursement of 2002 tuition. The base of the grievance is violation of Article 5, Wages, Section 1 B; Educational incentive that employees will be reimbursed up to $1,000.00 annually per current City Policy. $810.65 has been reimbursed to the employee filing the grievance. Ald. Petfalski moved to defer to the Wednesday, April 2, 2003 Finance Meeting to obtain more information. Seconded by Ald. Patterson. Carried by all. Finance Committee Meeting March 19, 2003 - Page 2 NEW BUSINESS Disallowance of Claim - Carmello – Clerk-Treasurer Jean Marenda sent letter she received from Midwest Claims Service, the claim administrator for the League of Wisconsin Municipalities Insurance Plan. Midwest Claims received subrogation notice of the Carmello claim in which Carmello’s vehicle was damaged during a police chase in which stop sticks were placed in order to bring a chase to an end on December 21, 2002. Midwest Claims Service completed their investigation of this claim and recommends that the City deny this claim pursuant to the Wisconsin statue for disallowance of claim 893.80(1g). The disallowance of the claim in this manner will allow Midwest Claims Service to shorten the statue of limitations period to 6 months. The basis of the denial should be that the City’s police officers were serving in an assist capacity for the State Police Department. The Officers were acting in good faith and there is no negligence on their behalf. Furthermore, this is a discretionary function and the City is entitled to governmental immunity. Ald. Salentine moved to approve the denial of Carmello claim. Seconded by Ald. Petfalski. Carried by all. Approve purchase of Moorland Rd. street trees - Conservation Coordinator/Forester Tom Zagar presented quotes for 71 street trees for Moorland Road extension/Durham Drive project. The following quote is recommended from Johnson’s Nursery: 11 Kentucky Coffeetree $1,188.00 7 Basswood/American Linden 567.00 11 Bur Oak 1,089.00 5 Cockspur Hawthorn 550.00 4 Swamp White Oak 420.00 4 Crabapple (scab resistant) 360.00 9 White Ash 945.00 7 Serviceberry 700.00 8 Common Hackberry 648.00 Delivery 250.00 Johnson’s Nursery is recommended because their stock is indigenous, locally grown, and hardy to the area. Zagar recommended the five Easter Redbud trees be purchased from Minor’s Garden Center for the quoted price of $550.00. Ald. Petfalski moved to approve $6,717.00 for the purchase of sixty-six trees from Johnson’s Nursery and $550.00 for the purchase of the five Easter Redbud trees from Minor’s Garden Center. Seconded by Ald. Salentine. Carried by all. Approve purchase of Pioneer Road trees – The Parks and Recreation Board is recommending the purchase and installation of trees for both park properties along Pioneer Drive. Conservation Coordinator/Forestor Zagar stated the recommended quote is for purchasing White Spruce, White Cedar and Winterberry and also the planting of the trees and shrubs. Zagar and Parks and Recreation Director Craig Anderson are recommending the quote of $4,924.00 from Schmeling’s Landscape, LLC. The entire project will be completed by June 30, 2003. Ald. Petfalski moved to approve $4,924.00 for the purchase and planting of Pioneer Road trees and shrubs. Funding will come from Park Dedication Account 202.08.94.74.6584. Seconded by Ald. Patterson. Carried by all. Approval of 2003 Contract Services – Parks and Recreation Director Craig Anderson in a letter to Finance Committee stated the Parks and Recreation Board is recommending the following contractors for 2003 services: Lawn mowing F&W Landscape Specialists $23,900.00 Grounds Maintenance Basic Landscaping 7,200.00 Weed Eradication F&W Landscape Specialists 875.00 Total $31,975.00 Ald. Salentine moved to approve $31,975.00 for the above 2003 contract services. Seconded by Ald. Petfalski. Carried by all. Finance Committee Meeting March 19, 2003 - Page 3 Approval of proposal to update classification and compensation plan – Non-represented – Mayor Slocomb presented the proposal from Public Sector Personnel Consultants to update classification and compensation plan for the non-union positions. The last time an update was done was 1997/1998. Presented with the proposal were options for worksite job information interview and ADA/EEO-Compliant Job Descriptions. Mayor Slocomb stated options would be exercised on a small scale. At this time it is not know if there will be some job information interviews. Discussion took place on need for market study to look at job descriptions and not just job titles. The Police Department will be first to update classifications and compensation plan. Money to do the updates will come from the Mayor’ budget. $10,000.00 was budget for Contracted Services, account 100.01.01.00.5820. There is a remaining balance of $7,000.00 in the Contracted Services account. The balance will come from Salaries and Wages, account 100.01.01.00.5101. Discussion continued on job description reviews. Finance Director Gunderson felt that the MRA could handle the ADA/EEO-Compliant Job Descriptions. Ald Petfalski moved to approve $17,500.00 to update classification and compensation plan. $16,000.00 to complete classification plans, salary survey, and updated non-union salary plan, and $1,500.00 for worksite job information interviews. Seconded by Ald. Salentine. Carried by all. Discuss license premise suspension criteria – Police Chief John Johnson came to Finance Committee for their assistance in setting criteria for suspension of liquor license. The State law states that you need two violations within a twelve-month period to look at license premise suspension. Currently three businesses in Muskego meet the criteria. The Finance Committee can elect to do nothing; establish a policy beyond the twelve-month period, for example three violations in eighteen-months, or raise the penalty fees. Chief Johnson discussed the present length of time for suspension or revocation. Discussion took place on increasing the fine. The Municipal Judge approves any increase in forfeitures. The current fine is $162.00. Chief Johnson to check to see if this includes court costs. The fine for the first offense should go up with second offense fine increased substantially. Discussion continued on citing establishment or the operator or both. The operator is now cited but it can go either way. A policy could be set to cite both the establishment and operator for the second offense. Chief Johnson will contact other communities to find out what their fines and policies are and come back to committee with recommendations. No action taken at this time. Review change in Liaison Officer Agreement with School District – Police Chief John Johnson stated that pursuant to the new contract with the Muskego Police Association that requires written notice by May th 15 of each year for notification to School Liaison Officers on their renewal of an additional year at the school, the following addition is being suggested to the 66.30 Cooperative Agreement: st #16. On or before May 1 of each year the district will indicate their desire to continue with present officer assigned to each school for the next school year. Any desired change in current personnel will be done in writing. A copy of the draft change was sent to the School District. The Finance Committee was in agreement with the change. No action taken at this time. (Request was made on March 20, 2003 to put on the March 25, 2003 Finance Agenda for recommendation of Finance Committee) Review lease with U.S. Cellular – Police Department Tower Site – Mayor Slocomb presented License Agreement between the City of Muskego and Unites States Cellular Operating Company LLC. Jeff Fowle from U.S. Cellular was present to answer committee questions. Mayor Slocomb stated the City Attorney has approved the lease agreement. This is a proposal to install a new monopole behind the Police Department. The existing lattice tower will be taken down. Antennas will also be installed on roof of the Police Department. Due to the space of the proposed U.S. Cellular compound a new area north of the Police Department will be paved for parking. This is a CDMA technology site. The new site will help the west side of the City of Muskego. The east side of Muskego will benefit by the new site located at Hales Corners Village Hall. The terms of the agreement shall be for a period of five years, commencing on the earlier of ninety days after the date of this Agreement or the date of issuance of a building permit, and ending on the fifth anniversary thereof. After the initial five-year term of the Agreement, the Company shall have the right to renew this license for up to four successive five-year renewal terms. Ald. Petfalski moved to recommend approval of the License Agreement between the City of Muskego and United States Cellular Operating Company LLC. Seconded by Ald. Salentine. Carried all. Request for authorization to use asset forfeiture to purchase replacement portable alarm system – Police Chief John Johnson stated the present portable VHF alarm system is inoperable due to changing to the 800 MHz system. The alarm system is a portable system the Police Department has used in businesses, banks and residences for the purpose of setting off a alarm when there is an illegal entry. Ald. Petfalski moved to approve the use of asset forfeiture funds of $1,500.00 to replace the portable VHF alarm system with cell phone technology. Seconded by Ald. Salentine. Carried by all. Finance Committee Meeting March 19, 2003 - Page 4 Consider MVFC request for release of capital equipment funds for first responder program – The Muskego Volunteer Fire Company contacted Finance Director Gunderson about the release of capital equipment funds for first responder program, $13,400.00. Muskego Volunteer Fire Company Chief Schaffer, John Magnus, and President Mike Kersky were present to answer committee questions. Chief Schaffer distributed a detailed breakdown of the components of the budget request. It is the goal of the fire department to have people trained in the use of the first responder equipment when it arrives. Chief Schafer explained the Lifepak 500T Trainer Unit and Macintosh computer. Discussion took place on what is the definition of first responder. Ald. Salentine move to approve proceeding with the plans to purchase the first responder equipment for a not to exceed amount of $13,400.00. Seconded by Ald. Petfalski. Carried by all. Finance Director Gunderson asked that the fire department be in touch with her in regards to the training for use of first responder equipment, this item also will have to come before the Finance Committee. The training expenses will come from the operating budget. MAINTENANCE AGREEMENTS - None RELEASE OF FUNDS - None REDUCTION IN LETTER OF CREDIT – None VOUCHER APPROVAL – None FINANCE DIRECTOR’S REPORT – Finance Director Dawn Gunderson stated the Public Service Commission public hearing in regards to the City’s water rate case took place March 13, 2003. Finance Director Gunderson is still waiting for the State’s response. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW – None ADJOURNMENT – Being no further business to discuss, Ald. Petfalski moved to adjourn the meeting at 9:55 PM. Seconded by Ald. Patterson. Carried by all. Respectfully Submitted, Carolyn Warhanek, Recording Secretary