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FM20060314 CITY OF MUSKEGO Approved FINANCE COMMITTEE MINUTES Audio Recording Available Tuesday, March 14, 2006 6:00 PM Muskego City Hall, Aldermen’s Room W182 S8200 Racine Ave. Mayor Damaske called the meeting to order at 5:31 PM. In attendance were Committee Members Ald. Melcher (arrived at 5:35 PM), Ald Salentine, and Ald. Madden, City Administrator Sheiffer, Information Systems Director Sommers, Ald. Borgman, Ald. Buckmaster, 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 March 10, 2006. REVIEW OF MINUTES OF PREVIOUS MEETING The minutes of the February 28, 2006 Finance Committee Meeting were reviewed. Ald. Salentine moved to approve the minutes. Seconded by Ald. Madden. Motion carried 2 - 0. LICENSE APPROVALS Recommend approval of Operator’s Licenses Ald. Salentine moved to recommend approval of Operator’s License for Tiffany Banaszak, Erin Coggon, and Jodie Krawczyk, subject to receipt of fees, favorable police report, and verification of schooling. Seconded by Ald. Melcher. Motion carried 3 – 0. Consider the waiver of Taxicab (Limousine) License requirement – Premier Limousine – Mr. James Mortle of Premier Limousine Service stated he has a Luxury Limousine License with the City of Milwaukee and therefore is requesting the waiver of the City of Muskego Taxicab (Limousine) License requirement. Mr. Mortle provided for the Committee’s review a copy of the City of Milwaukee License (stamped with date of last inspection), Wisconsin Certificate of Vehicle Registration, and Insurance Identification Card for each of his five vehicles. Also provided was a copy of the business Certificate of Liability Insurance. The City of Milwaukee requires that any Luxury Limousine service vehicle that operates for hire upon the streets of the City must obtain a permit from their Common Council and a current inspection sticker. Premier Limousine Service is located in Muskego. Chapter 12, Section 12.06(1)(a) of the Municipal Code of the City of Muskego states: “No person, firm or corporation shall engage in the business of operating taxicabs, limousines or other vehicles for transportation of persons for hire if their business is located within the City of Muskego, or the taxicabs, limousines or other vehicles for hire are kept in the City, without having a valid license from the City of Muskego for each taxicab, limousine or vehicle operated. Busses are excluded.” A City of Muskego license is required because the business is located in Muskego. Discussion took place on current ordinance and reviewing it in the future in regard to limousine service. Mr. Mortle pointed out that this is the first time the City is issuing a Limousine License since the adoption and amendment (1998) to the ordinance. Ald. Salentine moved to require Premier Limousine Service to pay $50.00 for the first vehicle and $15.00 for each additional vehicle for the required Taxicab (Limousine) License and accept for each vehicle the documents submitted to the City of Milwaukee (insurance, inspection, and registration). Seconded by Ald. Melcher. Mr. Mortle asked that the Ordinance be reviewed for next year. Ald. Salentine stated this could be put on a Committee of the Whole Agenda for discussion. Motion carried 3 – 0. Recommend approval of Temporary Class “B” License application for Bethlehem Lutheran Church – events to be held April 22, 2006; June 16, 17, & 18, 2006; and September 10, 2006 –The April 22, 2006 event (Shrimp Boil) is from 12:00 PM to 10:00 PM. For the June event (Civil War Weekend) June 16 is set up only, June 17 is from 9:00 AM to 10:00 PM, and June 18 is from 11:00 AM to 2:00 PM. The September 10, 2006 event (Pig Roast) is from 10:00 AM to 6:00 PM. Ms. Vretenar, a member of the church, currently holds a regular City of Muskego Operator’s License and will serve as the bartender at the three events. Ald. Melcher moved to recommend approval of Temporary Class “B” License for the above three events to be held by Bethlehem Lutheran Church. Seconded by Ald. Madden. Motion carried 3 – 0. Finance Committee Meeting March 14, 2006 - Page 2 Approved PERIODIC LICENSE REVIEW Reconsider Open Pantry Store liquor license violation, sale of alcohol to underage person – The Finance Committee at their February 28, 2006 meeting requested the presence of Mr. Badani at the March 28, 2006 Finance Committee Meeting to discuss the Committee reconsidering Open Pantry’s liquor license violation, sale of alcohol to underage person. Open Pantry representatives present at tonight’s meeting are: Mr. Badani, Agent of local store; Mr. Shutz, District Manager; Mr. Buhler, President and Chief Executive Officer; and Mr. Fiene, Senior Vice President of Merchandising and Sales Operations. Ald. Melcher asked that this be placed back on the Finance Agenda as a result of e-mails he received from constituents asking this to be reconsidered because the constituents thought two violations within a year were somewhat excessive. Also, other Aldermen had the same concern. Ald. Buckmaster (Open Pantry is located in his district) stated that with one violation a business representative is asked to come forth and meet with the Committee to rectify the problem. This should be a warning light but now Open Pantry had a second violation in ten months. The City takes this very seriously. In the past when a business had two violations the City did have a suspension hearing and Ald. Buckmaster sees no reason to change that. One of the reasons not to proceed with a suspension hearing was because of new management after the second violation took place and new practices put in place. Ald. Buckmaster was pleased to see the new practices that have been put in place but pointed out that if there were another violation at Open Pantry there could again be new management. Other businesses have had the same type of violation and what they have done to correct any inefficiency they had is noticeable. Ald. Buckmaster asked what message the City is sending if they do not proceed with a suspension hearing. Mr. Shutz spoke about how serious Open Pantry took this and the policies they have put in place. Mr. Shutz spoke about the verify ID system they are looking at putting in place. Mr. Buhler spoke about how seriously Open Pantry takes this, the policies they have, changes that have occurred in management and store activity, and their positive reputation in communities. Mr. Fiene further explained the ID verification bar code scanner Open Pantry is looking at using. A green light would go on if the person is twenty-one or older and if not a red light would go on. The picture identification would still have to be verified. Ald. Schroeder suggested in the future that if there is a violation the agent/owner be notified plus a member of the corporate management team. Mr. Buhler explained that the Agent did not receive the first notice sent to the business. The Agent only received the second letter sent certified mail to the agent’s residence. The Agent came to the requested meeting and investigated the violation. Ald. Buckmaster acknowledged that the presence of the management team tonight shows that Open Pantry does take the violation as a serious matter. If there is any leniency it’s because the management team is present. Ald. Buckmaster would be willing, acknowledging that the first violation was not for the sale of alcohol to underage person and pending Mayor and Common Council receiving a supplement detailing what action Open Pantry is taking to correct issue of selling alcohol to a minor and what their training policies are, to stay with the previous direction of the Finance Committee. Ald. Salentine moved to recommend to Common Council not to proceed with suspension hearing. Seconded by Ald. Madden. Ald. Melcher asked to amend motion so that in the future a letter is sent to corporate management. The decision was made to make this a separate motion. Motion carried 3 – 0. Ald. Melcher moved to recommend that in the future with any type of license violation a letter be sent directly to the highest level of management of the business so the City receives an immediate response to the violation. Seconded by Ald. Salentine. Motion carried 3 – 0. The Lakeview Tavern – Lucht, 9-month review – In response to the Record Check Form submitted by the Clerk-Treasurers Office the Muskego Police Department reported no new violations. Justin Hart – Operator’s License, 12-month review - In response to the Record Check Form submitted by the Clerk-Treasurers Office the Muskego Police Department reported no new violations. Finance Committee Meeting March 14, 2006 - Page 3 Approved UNFINISHED BUSINESS Completion of 2006 Annual Fire Protection Service Agreement with Muskego Fire Department, Inc., Completion of 2006 Annual Fire Protection Service Agreement with Tess Corners Volunteer Fire Department Mayor Damaske and City Administrator Sheiffer met with both Fire Departments to discuss the language changes the Common Council wanted to incorporate into the annual service agreements for the last three quarters of 2006. Submitted for review were City of Muskego’s Draft Agreements for each Fire Department covering the last three quarters of 2006. City Administrator Sheiffer reviewed with the Committee the feedback from Tess Corners Volunteer Fire Department outlined in her memorandum dated March 6, 2006. The Muskego Volunteer Fire Company proposed their own Draft Agreement that would result in significant changes to the City’s Draft Agreement. The discussion of these changes is beyond the scope of tonight’s meeting. The Fire Department Agreements will be on the March 30, 2006 Committee of the Whole Agenda. City Administrator Sheiffer is recommending for approval the City’s Draft Agreements for the last three quarters of 2006. Discussion continued on approving the City’s Draft Agreements for the balance of 2006 or extending the current Agreements for another three months. Dispatching vehicles from the closest fire station was discussed along with driver’s knowledge of what station to respond to. Ald. Salentine moved to recommend approval of extending the current three-month 2006 Annual Fire Protection Service Agreements with Muskego Fire Department, Inc. and Tess Corners Volunteer Fire Department for three months. Seconded by Ald. Madden. Motion carried 3 – 0. NEW BUSINESS Consider for Aldermen – laptop replacement, remote access, and e-mail storage on City network – Information Systems Director Sommers had previously been asked if laptops were going to be replaced for Aldermen. He polled the Aldermen and learned that three out of the seven Aldermen are using their laptops. The laptops being used were purchased in 2001 when the Aldermen wanted to become more involved in e- government, having information available digitally. There was never an acceptable City use policy established for laptops, therefore, going forward, if laptops were purchased, a policy would have to be addressed. Aldermen Schroeder stated when checking with the former City Clerk he was told he could use his laptop at his discretion as long as it was not being used illegally. Information Systems Director Sommers conducted a survey of counties and cities and found that one City issues laptops to elected officials, two counties issue laptops to County Board Chairman, and the other 28 counties and cities that replied do not issue laptops. The Aldermen were informed that there is a computer for them to use located by the cubical in the Mayor’s main office area behind his Executive Assistant. The issue of an e-mail public records request of Aldermen was discussed, the law stating they have to save records for seven years, and the Aldermen being the custodian of their records. Discussion continued on having a computer available for the Aldermen to use, therefore, their e-mails would be stored on that computer or having someplace at City Hall where e- mail could be stored. Ald. Melcher stated the laptop is convenient to use when he has a meeting with a constituent or meetings at other locations. Discussion continued on getting City information off of the Internet. Another option to using laptops is VPN Client. Ald. Buckmaster suggested a secure site the Aldermen could log into. City files and electronic versions of the committee packets could then be available for Aldermen at that site. Ald. Madden moved to approve the Aldermen currently using laptops continuing to do so until their laptop is unusable and then discontinuing laptops for Aldermen. Information Systems Director Sommers to do research in regard to a secure internal website for Aldermen. Seconded by Ald. Salentine. Motion carried 2 – 1. Ald. Melcher voting no. Finance Committee Meeting March 14, 2006 - Page 4 Approved Approve request for tuition assistance for graduate studies – Dave Simpson, Engineer 1, has begun a program to complete a Master of Science Degree in Public Works and Construction Management at Marquette University and is requesting annual tuition assistance beyond the $1,000.00 provided in the Tuition Reimbursement Policy. Mayor Damaske and City Administrator Sheiffer are recommending the following beyond the $1,000.00 available annually under the existing Tuition Reimbursement Policy: 1. Tuition reimbursement assistance toward City approved graduate school work up to a total amount of $4,000.00. (This amount is not provided annually but is up to a total of $4,000.00.) It is understood that currently Mr. Simpson is enrolled in a Master of Science Degree program in Public Work and Construction Management. The City’s assistance toward this program will consist of an amount up to $4,000.00 total. 2. We are further recommending that a condition of acceptance of such tuition reimbursement shall be that if Mr. Simpson voluntarily terminates his employment with the City, he shall be obligated to repay the City for tuition reimbursements received during the three (3) years prior to his leaving employment with the City. All other provisions of the existing tuition reimbursement policy shall apply. Ald. Madden suggested requiring five years prior to his leaving employment in regard to the obligation to repay the City. Ald. Schroeder mentioned keeping the tuition reimbursement for a non-representative employee at $1,000.00. By increasing the amount the door has been opened for other non-representative to request the same. He expressed his concern if ten percent of the non-representative employees requested assistance beyond the $1,000.00 what the expense would be to the City. Ald. Salentine suggested rewording the section on repaying the City to read after receiving the degree the employee would have to remain with the City for a certain number of years. If employment was terminated prior to receiving the degree, repayment of all tuition reimbursement would have to be paid back. Discussion took place on conferences and special events that non-representative employees attend that are included in a Department’s Operating Budget. Also mention was taking anything over the $1,000.00 out of a Department’s training budget. Ald. Buckmaster has no problem with reimbursement of $4,000.00. If there were a course of study that would take reimbursement over the approved amount than that would be on a case-by-case basis out of the department’s budget. Discussion continued on master program requirements and cost. Ald. Salentine moved to defer to the March 28, 2006 Finance Committee Meeting. Seconded by Ald. Melcher. Motion carried 3 – 0. Discuss Muskego Historical Society Draft Agreement – Mayor Damaske presented a Draft Agreement between the City of Muskego and the Muskego Historical Society, Inc. The Draft Agreement is a combination of parts from the draft agreement dated February 13, 2003, suggestions from Parks and Recreation Director Anderson and Attorney Molter, and new points. The Draft Agreement will be presented to the Historical Society on March 23, 2006. Mayor Damaske reviewed points of the agreement (see attached). Ald. Salentine moved to defer to the March 28, 2003 Finance Committee Meeting. Seconded by Ald. Madden. Motion carried 3 – 0. Ald. Melcher questioned the length of agreement. The length of the agreement and history of previous leases were discussed. The question was asked as to when the Parks and Recreation Department can rent out the building? Ald. Schroeder asked what happens to the property, buildings, contents, and everything else if, as negotiations of this agreement are taking place, at some point the Historical Society states it can’t fulfill their obligations? Ald. Melcher mentioned that the membership of the Historical Society has increased. The Historical Society can attend Finance Committee Meetings to discuss the agreement when the agreement is on the agenda. MAINTENANCE AGREEMENTS - None RELEASE OF FUNDS - None REDUCTION IN LETTER OF CREDIT Recommend approval of reduction in Letter of Credit – Candlewood Creek Addition 1, $80,200.00 – Engineer/Building Inspector Director McMullen is recommending an $80,200.00 reduction in Letter of Credit for Candlewood Creek Addition 1 for the work satisfactorily completed to date. Ald. Salentine moved to recommend approval of $80,200.00 reduction in Letter of Credit for Candlewood Creek Addition 1. Seconded by Ald. Madden. Motion carried 3 – 0. Finance Committee Meeting March 14, 2006 - Page 5 Approved VOUCHER APPROVAL Recommend approval of voucher report – The Finance Committee reviewed General Vouchers of $532,669.16 and Utility Vouchers of $14,633.69. Ald. Salentine moved for approval of payment of General Vouchers and Utility Vouchers. Seconded by Ald. Madden. Motion carried 3 – 0. CITY ADMINISTRATOR’S/FINANCE DIRECTOR’S REPORT – None COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW - ADJOURNMENT – Being no further business to discuss, Ald. Salentine moved to adjourn the meeting at 7:45 PM. Seconded by Ald. Melcher. Motion carried 3 - 0. Respectfully Submitted, Carolyn Warhanek Recording Secretary