FM20030416
CITY OF MUSKEGO
FINANCE COMMITTEE MINUTES Approved
Wednesday, April 16, 2003
7:00 PM Muskego City Hall, Aldermen’s Room
W182 S8200 Racine Ave.
Mayor Slocomb called the meeting to order at 7:06 PM. In attendance were Committee Members Ald.
Petfalski, Ald. Salentine, and Ald. Patterson, Finance Director Dawn Gunderson, Ald. Buckmaster, Police
Chief John Johnson, and those per attached sheet.
Those present recited the Pledge of Allegiance.
The meeting was posted in accordance with the Open Meeting Law on April 11, 2003.
REVIEW OF MINUTES OF PREVIOUS MEETING
The minutes of the April 8, 2003 Finance Committee Meeting were reviewed. Ald. Petfalski moved to
approve the minutes. Seconded by Ald. Patterson. Carried by all.
LICENSE APPROVALS
Approval of Trap License for Boxhorn Gun Club – Memorandum was received from Deputy Clerk Jill
Blenski stating Richard Schim on behalf of Boxhorn Gun Club LLC has submitted an application for a trap
license. The property the gun club is on has changed ownership and the new corporation is applying for the
various licenses, including the Trap License, the previous owner held for the remainder of the license year
that ends June 30, 2003. Building Inspector Jim Polinski did an inspection of the premise on April 14, 2003.
He did not sign the Inspection Certification due to some issues that need to be addressed. Mr. Schim is
aware of them and indicated he will be taking care of then shortly. Ald. Salentine moved to recommend
approval of the Trap License for Boxhorn Gun Club subject to Building Inspection Department
approval. Seconded by Ald. Petfalski. Carried by all.
PERIODIC LICENSE REVIEW - None
Convene into Closed Session – Mayor Slocomb read the Notice of Closed Session – Please take notice
that the Finance Committee of the City of Muskego will convene upon passage of the proper motion, into
closed session 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, grievance filed by the Wisconsin Professional Police Association, Grievance
#03-164 (tuition reimbursement). Closed session not held.
Convene into Closed Session – Mayor Slocomb read the Notice of Closed Session - Please take notice
that the Finance Committee of the City of Muskego will convene upon passage of the proper motion, into
closed session 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, grievance filed by AFSCME, Local #2414, Telecommunicators Unit. Ald.
Petfalski moved to go into closed session at 7:55 PM. Seconded by Ald. Salentine. Upon roll call
vote, motion carried 3 - 0.
Convene into Open Session – Ald. Petfalski moved to convene into open session at 9:09 PM.
Seconded by Ald. Patterson. Upon roll call vote, motion carried 3 - 0.
UNFINISHED BUSINESS
Consider tuition reimbursement – Mayor Slocomb stated Mr. Dillon requested this item be deferred for two
weeks. Ald. Salentine moved to defer the consideration of tuition reimbursement until the
Wednesday, May 7, 2003 Finance Meeting. Seconded by Ald. Paterson. Carried by all.
NEW BUSINESS
Consider grievance filed by AFSCME, Local #2414, Telecommunicators Unit – Ald. Petfalski moved to
deny the grievance filed by AFSCME, Local #2414, Telcommunicators Unit. Seconded by Ald.
Salentine. Carried by all.
Finance Committee Meeting
April 16, 2003 - Page 2
Review Schultz Resort Rod & Gun Club firearm range safety plans – Police Chief John Johnson
presented letter he received from Fran Lufkin and David Schacht of Schultz Resort Rod & Gun Club outlining
how the safety of the firearm range would be increased. They have:
Taken the steel gong down
Posted warning signs above the rifle berm.
Installed a gate at the entrance and lock it during off hours to keep out non-members.
Communicated with members our goal to increase safety.
Range Officers are present when any shooting is going on.
Restricted the use of the small pistol bay until we can build up the berm.
Prepared plans to baffle the range
Chief Johnson presented the plans showing the changes. Fran Lufkin, David Schacht, Tom Mainus, and
Larry Schneider were present to answer committee questions. Chief Johnson requested the following items
be put on record as part of the license:
The warning signs above the rifle berm and the berm are to be maintained at all times.
The entrance gate be maintained at all times.
The Range Officers are present at all times when shooting is going on.
No shooting will take place on the small pistol range until the berm can be build up. Building Department
inspection or Engineering approval is needed after the berm is built up.
Ald. Salentine moved to approve the presented plans, the conditions Chief Johnsons requested be
included on the license, and that proper permits be obtained. Seconded by Ald. Petfalski. Mr. Lufkin
stated he received license renewal information and asked if he should apply for his license now, the
committee replied “yes”. Discussion continued on having everything completed by July 1, 2003 the
beginning date of the renewal license. Ald. Petfalski requested that a letter be sent to Mayor Slocomb’s
office with the projected completion dates. If an extension is needed it could be addressed at that time.
Motion carried by all.
Disallowance of Claim - Hunter – 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 notice of the Hunter claim in which the Hunter’s vehicle was damaged when it drove over
stop sticks that were placed in the roadway in order to stop another vehicle being pursued by City of
Muskego Police Officers on March 24, 2003. 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 attempting to bring this pursuit to an end and these actions were necessary. There is no negligence on
their behalf. Furthermore, the City is entitled to governmental immunity. Chief Johnson explained that
during the deployment of the sticks the sticks did not deploy as designed and the Muskego Police Officer
was unable to rectify the deployment of the sticks. As a result the pursued vehicle was able to bypass the
sticks on the outside lane and the pursuing squad bypassed the sticks on the inside lane. However, the
Hunter vehicle was unable to avoid the sticks and struck the sticks with the left side of the vehicle, deflating
the front and rear left side tires of the vehicle. The vehicle was towed to a tire store. The Hunter claim is for
two tires at a cost of $358.91, an estimated cost of two rims for $448.96, and claim of four hours lost wages
at $118.88. Chief Johnson is recommending the City pay for the two tires and deny the claim of the two rims
because the rims were not replaced due to damage from the deployment of the stop sticks (Detective report
dated April 9, 2003 attached to letter submitted by Chief Johnson), and that the four hours of lost time be
acknowledged with the proper documentation from Hunter’s employer. The Police Department has already
paid the tow bill. Clerk Treasurer Jean Marenda sent a memorandum stating that Sharon DePriest of
Midwest Claims has recommended not paying for this claim due to the indemnity of governmental units and
the fact that it will set a precedent for paying future claims. If the decision by the City is to pay the claim,
there is no insurance coverage and it must be paid with City funds. DePriest said if it is decided to offer a
partial settlement, she recommended no payment be made for lost wages since in a property damage claim
the person has a responsibility to mitigate their own damage. If a settlement is offered a “Release of All
Claims” must be signed by the claimant in front of a Notary. Mr. Hunter was present to answer committee
questions. Discussion pursed in regards to whether the rims were actually damaged due to the deflating of
the tires and the time taken off work. Ald. Petfalski moved to approve reimbursement of $358.91 for
tires and deferring to the Wednesday, May 7, 2003 Finance Meeting the claim for two rims at $448.96
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and lost wages of $118.88. Mr. Hunter was requested to bring to the May 7 meeting pictures of the
damaged rims and to provide proper documentation from his employer in regards to the lost wages.
Also, a “Release of All Claims” form must be signed. Seconded by Ald. Salentine. Director
Gunderson also stated she felt paying would be setting a precedent for paying future claims. Carried by all.
Finance Committee Meeting
April 16, 2003 - Page 3
Discussion regarding Opticon transmitters for emergency vehicles – Finance Director Dawn Gunderson
received a request for reimbursement from Tess Corners Volunteer Fire Department for the purchase and
installation of Opitcon transmitter for their fire trucks. It was the Fire Department’s understanding that this
money was to be budgeted by the City along with the signal prompters at the intersections. The City
Engineer’s capital request was $88,000.00 for the upgrade and installation of 3M Optical Signal Prompters
for the nine existing signalized intersections. The cost was to include all hardware, agreements, wiring,
installation and enumerators. Finance Director Gunderson spoke to Tess Corners Volunteer Fire
Department and they are willing to wait until after January 1, 2004 to be reimbursed. The City can then put
this item into the 2004 budget. Finance Director Gunderson has instructed Muskego Volunteer Fire
Company to wait on ordering this item until the City knows how they will be paid for. Discussion took place
on when City should reimburse Tess Corners and how Muskego Volunteer Fire Company should proceed.
Ald. Petfalski moved to approve Tess Corners Volunteer Fire Department placing in their 2004 Capital
Budget the purchase and installation of the Opticon transmitters for $10,030.00 and reimbursement
for this after January 1, 2004. The discussion on the purchase and installation of Opticon
transmitters for the Muskego Volunteer Fire Department should be placed on the Wednesday, May 7,
2003 Finance Agenda. Seconded by Ald. Saleintine. Carried by all.
Review clarification of Personnel Code – Mayor Slocomb requested the item be removed for further
review.
MAINTENANCE AGREEMENTS
Approve maintenance agreements for:
Copier – staff use machine, $33.57 per month, ($1.57 per month increase from 2002) -
Copier – 2 desktop machines, $94.41 per year ($4.41 increase from 2002) -
Request to approve copier maintenance was received from Library Director Holly Sanhuber. The
maintenance for the staff copier is a one-year, toner inclusive contract which allows for 4,000 copies a
month, with a per copy cost of .0084. The monthly cost is $33.57. The maintenance for the 2 desktop
copiers are one-year toner inclusive contracts which allow for 10,000 copier yearly per machine, with a per
copy cost of .0095. The yearly cost is $94.41. Ald. Patterson moved to approve maintenance
agreements with Gorden Flesch for $33.57 per month for the copier the staff uses and $94.41 per year
for each desktop copier. Seconded by Ald. Salentine. Carried by all.
RELEASE OF FUNDS - None
REDUCTION IN LETTER OF CREDIT – None
VOUCHER APPROVAL – None
FINANCE DIRECTOR’S REPORT – Finance Director Dawn Gunderson stated she has been working with
Worker’s Compensation and issues that have come up with processing of claims. When an employee is
injured there is a three-day waiting period on a work comp claim that continues for the first seven calendar
days after the injury. The City covers the wages of the first three days. Any time off for an injury after the
first three days creates an indemnity claim. The cost to the City in future premiums is as least two and a half
times more than the wages themselves. Therefore, it is important to help an employee get back to work as
soon as possible. Any missed time after the first seven days creates the possibility of the claim becoming an
indemnity claim. The Insurance Company is suggesting that when an employee returns to work and takes
time off for medical appointments after the seven days, this be paid by the City and not reported as worker’s
comp time taken. Gunderson will be putting information into a policy.
Also, Gunderson stated she will be putting on the Tuesday, April 22, 2003 Finance and Common Council
Agendas a 2003 budget amendment to meet compliance of expenditure restraint. Gunderson is proposing
taking refuse portion out of refuse/recycling in the general budget and moving into special revenue with
recycling. More dollars will be taken out then necessary, therefore proposal will be to amend contingency
and use of fund balance.
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 9:31 PM. Seconded by Ald. Salentine. Carried by all.
Respectfully Submitted, Carolyn Warhanek, Recording Secretary