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FM20060214 CITY OF MUSKEGO Approved as Corrected FINANCE COMMITTEE MINUTES Audio Recording Available Tuesday, February 14, 2006 6:00 PM Muskego City Hall, Aldermen’s Room W182 S8200 Racine Ave. Mayor Damaske called the meeting to order at 6:07 PM. In attendance were Committee Members Ald. Melcher, Ald Salentine, and Ald. Madden, City Administrator Sheiffer, Ald. Borgman, Ald. Buckmaster, Recording Secretary Warhanek, and those per attached sheet. Ald. Schroeder and Ald. Patterson arrived during the meeting. Those present recited the Pledge of Allegiance. The meeting was posted in accordance with the Open Meeting Law on February 10, 2006. REVIEW OF MINUTES OF PREVIOUS MEETING The minutes of the January 24, 2006 Finance Committee Meeting were reviewed. Ald. Salentine moved to approve the minutes. Seconded by Ald. Melcher. Motion carried 3 - 0. LICENSE APPROVALS Recommend approval of Operator’s Licenses Ald. Salentine moved to recommend approval of Operator’s License for Aaron Polak and Melissa Schim, (Schim was unable to attend the evening meeting and was interviewed by Mayor Damaske during the day), subject to receipt of fees, favorable police report, and verification of schooling. Seconded by Ald. Madden. Motion carried 3 – 0. Recommend approval of Alcohol Beverage License Application submitted by Muskego Gateway Entertainment Complex LLC – Mr. Diamantopoulos was present to meet with the Finance Committee. He is proposing to use the old Muskego Theater Complex to build a multi-faceted entertainment and recreation area. The plan includes a sports lounge, billiard center, electronics games center, volleyball sand court, and a food/bar and Internet café area. Chief Johnson is recommending approval of the license restricting the alcoholic consumption to the sports lounge and the billiards area. When asked about traffic compared to Theater Complex, Mr. Diamantopoulous stated he thought there would be less traffic in the establishment but hoped for more depending on how concept works. Ald. Salentine moved to recommend approval of a “Class B” Alcohol Beverage License for Muskego Gateway Entertainment Complex LLC. Premise description for serving liquor is the V.I.P. Sports Lounge and Billiards area. The upper locked storage area for the storage of liquor to also be included in premise description. Seconded by Ald. Melcher. Motion carried 3 – 0. Approve Dog Fancier Permit for Schwabenlender – A letter was received expressing an objection in regard to the Dog Fancier Permit because the current dogs have been know to wander the neighborhood and not be properly confined to the property. The letter writer requested that the property owner provide some means of confining the dogs to their property. Section 2 (3) 3 of Ordinance #1145, Dog Fancier, includes the following statement: The Clerk-Treasurer shall notify all residents of adjacent properties of the property identified on the application and place the application for the Dog Fancier Permit on a Finance Committee agenda for review and determination of any conditions, such as requiring a fenced yard, and authorization for the Clerk-Treasurer to issue said license with any conditions as imposed by the Finance Committee. The Building Department completed a yard inspection and based on the department’s observations, had no objections or concerns with the condition of the property. Ald. Melcher moved to approve Dog Fancier Permit for Schwabenlender, S70 W16792 Hedgewood Drive, stipulating that there is either an electronic fence or some enclosure for the dogs. Seconded by Ald. Madden. Motion carried 3 – 0. Approve Dog Fancier Permit for Reher – The Building Department completed a yard inspection and based on the department’s observations, had no objections or concerns with the condition of the property. Ald. Salentine moved to approve Dog Fancier Permit for Mike and Deb Reher, W187 S10740 Muskego Dam Drive. Seconded by Ald. Madden. Motion carried 3 – 0. Finance Committee Meeting February 14, 2006 - Page 2 Approved as Corrected PERIODIC LICENSE REVIEW Review Open Pantry Store liquor license violation, sale of alcohol to underage person (deferred January 10, 2006 Finance Committee Meeting) – Mr. Badani, Agent for Open Pantry Food Mart #491, S66 W14501 Janesville Road, was requested to attend the February 14, 2006 Finance Committee Meeting. Mr. Shutz, District Manager, also met with the Finance Committee. Mr. Shutz has been district manager since January 2006. The employee involved with the sale of alcohol to underage person has been terminated. Mr. Shutz stated they are taking a very aggressive approach at this store and all of their stores with revisiting the policies of local municipalities as well as Open Pantries. Mr. Badani stated that besides an employee at the store there is a manager there between 9:00 AM and 6:00 to 7:00 PM. Liquor sales are until 9:00 PM. An assistant manager is there in the evening. It has been the policy that two violations in a twelve-month period warrant a suspension. Discussion took place on the seriousness of the store having two violations in twelve months. Chief Johnson stated the first violation was for an unlicensed clerk and the second for sale of alcohol to underage person. Next time, Chief Johnson will file a complaint unless the Finance Committee wants to do it now. Ald. Buckmaster (Open Pantry located in his district) stated there are now a number of businesses along Janesville Road who have gone to great extremes after their first violation to correct the problem and Open Pantry representatives are stating they are doing it now after two violations. Ald. Buckmaster noted that it was two violations in ten months. In the interest of showing that the City takes underage drinking very seriously, Ald. Buckmaster would like the City to go through the process of a suspension hearing. Ald. Salentine stated she was in favor of Ald. Buckmaster’s statement. Mayor Damaske’s recommendation would not be a suspension hearing since there is a new district manager. Open Pantry will be on a thin wire now, one more violation and a hearing would be automatic. Chief Johnson stated that state law states if there were two underage violations within a year (that is two violations) or if there is one underage violation within a year plus another violation of another type within the year a hearing proceeding could be requested. Hearing proceedings could not be started if there was only one violation in a year and it was sale to underage person. If it is just underage violations, two violations are needed within the year. Chief Johnson explained the hearing process, which includes hiring special council. Discussion took place on if there was another violation in twelve months of proceeding with a revocation hearing. Ald. Salentine moved to not proceed with a suspension hearing and also to go on record that the Committee feels strongly that if another violation occurred in twelve months the process to start a revocation hearing would be requested. Seconded by Ald. Madden. Motion carried 3 – 0. Six-month review – Katie Schell – Operator’s License – In response to the Record Check Form submitted by the Clerk-Treasurers Office the Muskego Police Department reported no new violations. UNFINISHED BUSINESS Approve annual maintenance program – Thermocore Infrared Roof Survey, $1,550.00 – Included in the Finance Packet was the revised contract with Tremco for the Thermocore Infrared Roof Survey. The survey to be completed will determine the condition of all roofs at the Library, Public Works Facility, and Parks and Recreation Department. The breakdown of charges are: Library $325.00, Parks and Recreation Department $325.00, and Public Works Garage $900.00, for a total of $1,550.00. The work is to be scheduled as soon as possible after the award of the contract. Ald. Salentine moved to approve Thermocore Infrared Roof Survey to be completed by Tremco. Seconded by Ald. Melcher. Motion carried 3 – 0. NEW BUSINESS Approval of 2006 fleet purchase – V.A.L.U.E. Cooperative Purchasing Program has awarded the fleet contract to Ewald Hartford Ford Lincoln. The Police Department fleet purchase includes: Quantity Description Price/Each Total 3 Marked 2006 Ford Crown Victoria’s $20,624.00 $61,872.00 1 Unmarked 2006 Chevrolet Impala $17,836.00 $17,836.00 Total $79,708.00 The split in the types of vehicles was made to save the City money. Three Ford Crown Victoria’s were purchased because they hold up better than the Chevrolet Impala. Chief Johnson stated that this year the purchase of the vehicles would be staggered so mileage is out to one hundred thousand miles or more. Two vehicles would be purchased now and the rest later. This should result in purchasing one less car next year because they will be able to make it to the next year with an existing vehicle. This would eventually allow, every so often, putting the purchase of a vehicle out to the next year. Ald. Salentine moved to approve the 2006 Police Department fleet purchase. Seconded by Ald. Madden. Ald. Melcher asked if the Department had investigated more fuel-efficient vehicles. Chief Johnson stated they have always looked Finance Committee Meeting February 14, 2006 - Page 3 Approved as Corrected New Business continued – Approval of 2006 fleet purchase at the cost of the vehicle plus the efficiency. The problem with efficiency is that the Police Department needs a vehicle with performance and longevity. Motion carried 3 – 0. Recommend approval to hire Special Counsel – 2006 Board of Review – Assessor Mecha is requesting approval to retain Cramer, Multhauf & Hammes, LLP to represent the Assessor’s Office for the 2006 Board of Review. This same firm was retained during the 2001 and 2005 revaluations. Their fee for 2005 was $150.00 per hour and Assessor Mecha does not anticipate the fee will be much higher for 2006. Ald. Salentine moved to recommend approval of hiring Cramer, Multhauf & Hammes, LLP. Seconded by Ald. Madden. Motion carried 3 – 0. Review Purchasing Policy – The position description for City Administrator asked that the position be responsible for purchasing. Currently the City does not have a purchasing policy. The purchasing policy establishes a procedure for all purchases. For example, purchases exceeding $1,500.00, whenever possible three quotes shall be obtained. Also, purchases shall be done, when possible, with written orders. There is one set of guidelines for items/services that were included in the Common Council approved budget and another set of guidelines for items/services that were not included in the approved budget. Points brought out for items/services that were included in the Common Council approved budget are: purchases up to $15,000.00 shall be approved by the Department Head, purchases exceeding $15,000.00 but that are less than $25,000.00 shall be approved by the City Administrator prior to the order being placed or expenditure being made, and purchases that exceed $25,000.00 shall be approved by the Finance Committee and Common Council prior to the order being placed or expenditure being made. For items/services that were not included in the approved budget stricter guidelines would be in place. City Administrator Sheiffer had reviewed purchasing policy of other municipalities. The policy includes a statement on compliance. It is the responsibility of the Finance Department to monitor compliance with the City’s purchasing policies and procedures. Discussion took place in regard to item 10 under budget items approved by Common Council: all contracts (including those for professional services) with the exception of annual maintenance agreements for under $5,000.00 shall be specifically reviewed by the City Attorney as a condition of approval and prior to execution. Ald. Schroeder wanted to know in regard to the attorney what the City is doing now. If the City is not contacting the attorney now, is it necessary, and is $5,000.00 to low? City Administrator Sheiffer stated Attorney Molter has not reviewed the policy and he may take exception to the fact that he is being excluded from reviewing purchases under $5,000.00. The idea to having the attorney review contracts is for language on mediation or how a dispute is resolved. City Administrator Sheiffer stated the City might want to separate out the professional service contracts. Discussion took place on what contracts should be sent to the City Attorney. City Administrator Sheiffer to come back to Finance Committee with different language in regard to contracts reviewed by the City Attorney. In regard to the question as to if the City had an ordinance that covered contracts, City Administrator Sheiffer stated she was not aware of one. Ald. Salentine moved to defer to allowing City Administrator Sheiffer to bring back to the Finance Committee a second draft. Seconded by Ald. Melcher. Motion carried 3 – 0. Recommend approval to hire Special Consultants – Onyx Emerald Park Landfill Expansion – Ald. Salentine moved to recommend approval of hiring William Mielke, John Jansen, and Jo Spear. Seconded by Ald. Madden. Engineering/Building Director McMullen is proposing to retain William Mielke and John Jansen of Ruekert & Mielke, Inc, and Jo Spear from J. Spear and Associates as special consultants to assist the City with the negotiations related to the future expansion of Onyx Emerald Park Landfill. They were part of the last cell expansion. As part of the expansion, the City has the ability to negotiate with the Landfill on the tipping fees and other payment to the affected surrounding areas. The City was notified in December 2005 of the proposed expansion and, by contract, the City has six months from the initial date of notification to respond to the report. Ald. Melcher expressed his concerns on the $250,000.00 to $300,000.00 estimated cost that Engineering/Building Director McMullen gave him. Ald. Madden thought the estimate would be on the high end. Ald. Madden invited the Aldermen to attend the Standing Committee closed session on March 6, 2006 for more information in regard to this. In regard to expenses, City Administrator Sheiffer stated quarterly reports could be provided. Ald. Schroeder stated that out of the $1,753,891.00 Landfill Fund balance $1,000,000.00 is for attorneys. A question being discussed is if the same contract will be in effect for the expansion or will a new contract go into effect. A concern Ald. Schroeder expressed was when the same consultants were hired for the same large project they had worked on there is no competitive pricing. Should the City get competitive pricing? In regard to this project, Ald. Salentine stated it is a very difficult process to obtain someone that has not been used by Waste Management. Ald. Salentine withdrew her motion and Ald. Madden her second. Ald. Madden moved to defer. Seconded by Ald. Melcher. Motion carried 3 – 0. (At the February 14, 2006 Common Council Meeting Resolution #029-2006, Resolution to Hire Special Consultants (Onyx Emerald Park Landfill Expansion) was adopted.) Finance Committee Meeting February 14, 2006 - Page 4 Approved as Corrected MAINTENANCE AGREEMENTS - None RELEASE OF FUNDS - None REDUCTION IN LETTER OF CREDIT - None VOUCHER APPROVAL Recommend approval of voucher report – The Finance Committee reviewed General Vouchers of $940,261.19, Utility Vouchers of $241,857.63, and Tax Vouchers of $3,754,973.06 for a total of $4,937,091.88. Ald. Salentine moved for approval of payment of General Vouchers, Utility Vouchers, and Tax Vouchers. Seconded by Ald. Madden. Motion carried 3 – 0. CITY ADMINISTRATOR’S/FINANCE DIRECTOR’S REPORT – City Administrator Sheiffer stated the City has been approached by companies in regard to the cell tower lease agreements they have with the City. Some of the companies are trying to get out of their current lease obligations and are putting on the table offers to lower their commitment. The City has been saying no. City Administrator wanted the Committee to be aware of this and to let her know if they wanted to see these on a case-by-case basis. The City has not seen any agreement changes to be in the City’s interest. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW – None ADJOURNMENT – Being no further business to discuss, Ald. Salentine moved to adjourn the meeting at 7:25 PM. Seconded by Ald. Madden. Motion carried 3 - 0. Respectfully Submitted, Carolyn Warhanek Recording Secretary